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On Terrorism and Whistleblowing
Case Western Reserve University School of Law Scholarly Commons Faculty Publications 2007 On Terrorism and Whistleblowing Michael P. Scharf Case Western Reserve University - School of Law, [email protected] Colin T. McLaughlin Follow this and additional works at: https://scholarlycommons.law.case.edu/faculty_publications Part of the Criminal Law Commons, and the Legal Ethics and Professional Responsibility Commons Repository Citation Scharf, Michael P. and McLaughlin, Colin T., "On Terrorism and Whistleblowing" (2007). Faculty Publications. 1060. https://scholarlycommons.law.case.edu/faculty_publications/1060 This Article is brought to you for free and open access by Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. ON TERRORISM AND WHSTLEBLOWING MichaelP. Schar! & Colin T. McLaughlin' At a Bio-Terrorism Conference at Case Western Reserve University School of Law on March 31, 2006, the government participants were asked what they would do if a superior instructed them not to disclose in- formation to the public about the likely grave health affects of an ongoing bio-terrorist attack. In response, they indicated that they would be reluc- tant to become a "whistleblower." This is not surprisingsince, despite the federal and state laws that purport to facilitate such whistleblowingfor the public good, government whistleblowers routinely have faced loss of pro- motion, harassment,firing, and in some instances criminal prosecution when they have gone public with their important information. Yet, without government whistleblowers who had the courage to go to the press, the public would never have learned about Watergate, the Iran-Contrascan- dal, the inhumane practices at Abu Ghraib prison in Iraq, the secretpris- ons run by the United States in Eastern Europe, or the NSA policy of wire- tappingAmericans without warrants. -
Downloads.Htm] CRS-15
Order Code RL32300 CRS Report for Congress Received through the CRS Web FY2005 Budget: Chronology and Web Guide Updated December 10, 2004 Justin Murray Information Research Specialist Information Research Division Congressional Research Service ˜ The Library of Congress FY2005 Budget: Chronology and Web Guide Summary This report provides a select chronology and resource guide concerning congressional and presidential actions and documents pertaining to the budget for FY2005, which runs from October 1, 2004, through September 30, 2005. The budget actions and documents referenced in this report relate to the President’s FY2005 budget submission, the FY2005 Congressional Budget Resolution (S.Con.Res. 95, H.Rept. 108-498), reconciliation legislation, debt-limit legislation, and FY2005 appropriation measures. Examples of Internet connections to full-text material include CRS products on the budget, reconciliation, and each of the 13 appropriations bills, as well as Congressional Budget Office (CBO) publications, including the Budget and Economic Outlook: Fiscal Years 2005-2014, and Government Accountability Office (GAO) reports such as Federal Debt: Answers to Frequently Asked Questions. Congressional offices can access this report via CRS’s Appropriations/Budget for FY2005 page at [http://www.crs.gov/products/appropriations/apppage.shtml]. Other links provide data tables and charts on the budget and debt, selected congressional testimony, bills, reports, and public laws for FY1999 through FY2005 resulting from appropriations measures. If Internet access is not available, refer to the addresses and telephone numbers of the congressional committees and executive branch agencies and the sources of other publications that are listed in this report. This chronology will be updated as relevant events occur. -
David Hume Kennerly Archive Creation Project
DAVID HUME KENNERLY ARCHIVE CREATION PROJECT 50 YEARS BEHIND THE SCENES OF HISTORY The David Hume Kennerly Archive is an extraordinary collection of images, objects and recollections created and collected by a great American photographer, journalist, artist and historian documenting 50 years of United States and world history. The goal of the DAVID HUME KENNERLY ARCHIVE CREATION PROJECT is to protect, organize and share its rare and historic objects – and to transform its half-century of images into a cutting-edge digital educational tool that is fully searchable and available to the public for research and artistic appreciation. 2 DAVID HUME KENNERLY Pulitzer Prize-winning photojournalist David Hume Kennerly has spent his career documenting the people and events that have defined the world. The last photographer hired by Life Magazine, he has also worked for Time, People, Newsweek, Paris Match, Der Spiegel, Politico, ABC, NBC, CNN and served as Chief White House Photographer for President Gerald R. Ford. Kennerly’s images convey a deep understanding of the forces shaping history and are a peerless repository of exclusive primary source records that will help educate future generations. His collection comprises a sweeping record of a half-century of history and culture – as if Margaret Bourke-White had continued her work through the present day. 3 HISTORICAL SIGNIFICANCE The David Hume Kennerly collection of photography, historic artifacts, letters and objects might be one of the largest and most historically significant private collections ever produced and collected by a single individual. Its 50-year span of images and objects tells the complete story of the baby boom generation. -
Ralph Eberhart
SECRET MEMORANDUM FOR THE RECORD Event: North American Aerospace Defense Command (NORAD) field site visit Type of event: Interview with CINC NORAD (Commander in ChiefNORAD), General Ralph Edward Eberhart DECLASSIFIED UNDER AUTHORITY OF THE INTERAGENCY SECURITY CLASSIFICATION APPEALS PANEL, Date: March 1, 2004 E.O. 13526, SECTION 5.3(b)(3) Special Access Issues: Clearance check ISCAP APPEAL NO. 2012-042, document no. 29 DECLASSIFICATION DATE: September 29, 2014 Prepared by: Geoffrey Brown Team Number: 8 Location: Peterson Air Force Base, Building 2 Participants- Non-Commission: Colonel David Hayden (U.S. Army), Colonel Punch Moulton (U.S. Air Force) Participants- Commission: Team 8: John Azzarello, Geoffrey Brown. John Farmer, Miles Kara, Kevin Shaeffer Note: Please refer to the recorded interview for further details. Background: Eberhart had been part ofthe military for 33 years on September 11, 2001 (9/11 ), and had been a four star general for five years. Please refer to the attached biography for a comprehensive record of Eberhart's career. Debate over the relevance of NORAD: ' The two major factors that contributed to the declined importance ofNORAD's air defense mission were: 1) the Soviet Union development ofIntercontinental Ballistic Missiles (ICBMs)- thus changing the likelihood of a traditional bomber/fighter air attack; and 2) afterwards, the relative end of the Cold War threat after the break up of the Soviet Union. A common thought that stemmed from the above factors was that the air defense mission ofNORAD could be distributed amongst sites that could perform multiple missions. The priority was to "recapitalize andre-modernize" the forces for the future. -
Mr. Max F. James
2010 By Lewis Carlyle EVERY YEAR, THE US AIR FORCE ACADEMY AND THE ASSOCIATION OF GRADUATES SELECT TWO INDIVIDUALS FROM THE RANKS OF THE LONG BLUE LINE WHO HAVE GONE ABOVE AND BEYOND SERVICE TO OUR NATION. THESE DISTINGUISHED GRADUATES ARE HONORED WITH THE ACAdemy’S MOST PRESTIGIOUS AWARD FOR THEIR SERVICE TO BOTH THE MILITARY AND CIVILIAN SECTORS. THE ROSTER OF PAST DISTINGUISHED GRADUATES INCLUDES CORPORATE CEOS, FOUR-STAR GENERALS AND EVEN A MEMBER OF THE UNITED STATES CONGRESS. THIS YEAR, TWO MORE OF THE ACAdemy’S FINEST JOIN THIS ELITE GROUP OF INDIVIDUALS AS MAX JAMES, CLASS OF 1964, AND GENERAL RALPH E. “Ed” EBERHART, CLASS OF 1968, ARE HONORED WITH THE 2010 DISTINGUISHED GRADUATE AWARD. Max James | Class of 1964 Music Underwriters Convention at the Broadmoor Resort with During his years on active duty, Max James was assigned to the his folk singing quartet, the Pikesmen, and being selected as the astronaut recovery program at Patrick Air Force Base, Florida. After editor of the Talon Magazine. volunteering to become a rescue helicopter pilot in Vietnam, he was Like many cadets, James had a life-changing experience during shot down twice over the course of his 200 combat missions. James his time at the Academy. During his senior year, when serving holds numerous commendations for courage under fire. as Squadron Commander, he awoke one morning to find his The chopper pilot reflects pensively on his time at the Academy Air Officer Commanding at his dorm room door. The AOC was and how it played an influence on his military career. -
THE CREATION of the UNITED STATES NORTHERN COMMAND: Potential Constitutional, Legal, and Policy Issues Raised by a Unified Command for the Domestic United States
THE CREATION OF THE UNITED STATES NORTHERN COMMAND: Potential Constitutional, Legal, and Policy Issues Raised By a Unified Command For The Domestic United States An Interim Report of The Constitution Project* On October 1, 2002, a new Unified Combatant Command, the United States Northern Command (NORTHCOM), became operational and assumed responsibility for the military’s homeland security activities inside the United States. The Unified Command Plan was first adopted in 1946 to increase military effectiveness by ensuring that personnel from the Army, Navy, Air Force and Marine Corps deployed to a particular region would serve in a single combatant command under the authority of a single commander. Each combatant commander – of which there are only nine – is a senior general or admiral reporting directly to the National Command Authority. The Combatant Commanders wield significant prestige within the Department of Defense (“DOD”) and enjoy considerable autonomy within their area of responsibility. Airforce General Ralph Eberhart will serve as NORTHCOM’s first commander. The geographic scope of NORTHCOM’s command will encompass the American homeland, Canada, Mexico, portions of the Caribbean, and U.S. coastal waters out to five hundred nautical miles. NORTHCOM is the first Combatant Command with exclusive geographic and operational responsibility in the domestic United States in the fifty-year history of the Unified Command Plan, and General Eberhart is the first military commander with exclusive operational authority over domestic military operations since the Civil War. For this reason alone, the creation of NORTHCOM is a remarkable moment in the history of the United States that deserves far greater attention than has been accorded to date. -
9/11 Report”), July 2, 2004, Pp
Final FM.1pp 7/17/04 5:25 PM Page i THE 9/11 COMMISSION REPORT Final FM.1pp 7/17/04 5:25 PM Page v CONTENTS List of Illustrations and Tables ix Member List xi Staff List xiii–xiv Preface xv 1. “WE HAVE SOME PLANES” 1 1.1 Inside the Four Flights 1 1.2 Improvising a Homeland Defense 14 1.3 National Crisis Management 35 2. THE FOUNDATION OF THE NEW TERRORISM 47 2.1 A Declaration of War 47 2.2 Bin Ladin’s Appeal in the Islamic World 48 2.3 The Rise of Bin Ladin and al Qaeda (1988–1992) 55 2.4 Building an Organization, Declaring War on the United States (1992–1996) 59 2.5 Al Qaeda’s Renewal in Afghanistan (1996–1998) 63 3. COUNTERTERRORISM EVOLVES 71 3.1 From the Old Terrorism to the New: The First World Trade Center Bombing 71 3.2 Adaptation—and Nonadaptation— ...in the Law Enforcement Community 73 3.3 . and in the Federal Aviation Administration 82 3.4 . and in the Intelligence Community 86 v Final FM.1pp 7/17/04 5:25 PM Page vi 3.5 . and in the State Department and the Defense Department 93 3.6 . and in the White House 98 3.7 . and in the Congress 102 4. RESPONSES TO AL QAEDA’S INITIAL ASSAULTS 108 4.1 Before the Bombings in Kenya and Tanzania 108 4.2 Crisis:August 1998 115 4.3 Diplomacy 121 4.4 Covert Action 126 4.5 Searching for Fresh Options 134 5. -
James B. Steinberg – “Deep Dive”
JAMES B. STEINBERG – “DEEP DIVE” I. Introduction James Braidy Steinberg is the current dean of the Lyndon B. Johnson School of Public Affairs of the University of Texas. He served as Deputy National Security Advisor and Director of the State Department’s Policy Planning Staff under President Clinton. Steinberg produced the completed questionnaire and attachments, the completed SF 86, the completed OGE 4501, his 401k and investment reports, federal tax returns from 2005-07, and a District of Columbia tax return for part of 2005. Steinberg indicated that because there is no state income tax in Texas, he did not file state tax returns for the remainder of 2005 and 2006-07 (during his residency in Texas). Because Steinberg was not able to travel to Washington during the time allotted for this assignment, Team Leader Robert Wilkins traveled to Austin and interviewed him on October 30 in a suite at the Courtyard Marriott adjacent to the airport. The interview took place at 2:30 pm and lasted approximately two hours. II. Comment on Public Vet Memo The Public Vet memo deals with Steinberg's public record fairly comprehensively, and it accurately captures the subjects it covers. (One small nit – the Public Vet memo inaccurately describes him as maintaining “an active DC bar license”; his bar membership is actually on “inactive” status.) The Public Vet memo does not, however, address three potentially controversial issues that are reported in the media and other public sources: the Gilbert Chagoury meeting, the accusation of treason by Navy Lt. Commander Jack Daly, and the Clinton administration’s purported failure to detain Osama bin Laden in 1996. -
George W. Bush Presidential Records in Response to the Freedom of Information Act (FOIA) Requests Listed in Attachment A
VIA EMAIL (LM 2016-037) April 15, 2016 The Honorable W. Neil Eggleston Counsel to the President The White House Washington, D.C. 20502 Dear Mr. Eggleston: In accordance with the requirements of the Presidential Records Act (PRA), as amended, 44 U.S.C. §§2201-2209, this letter constitutes a formal notice from the National Archives and Records Administration (NARA) to the incumbent President of our intent to open George W. Bush Presidential records in response to the Freedom of Information Act (FOIA) requests listed in Attachment A. This material, consisting of 8,072 pages, 3,159 assets, and 1 video clip, has been reviewed for the six PRA Presidential restrictive categories, including confidential communications requesting or submitting advice (P5) and material related to appointments to federal office (P2), as they were eased by President George W. Bush on November 15, 2010. These records were also reviewed for all applicable FOIA exemptions. As a result of this review, 4,086 pages and 1,470 assets in whole and 582 pages and 186 assets in part have been restricted. Therefore, NARA is proposing to open the remaining 3,404 pages, 1,503 assets, and 1 video clip in whole and 582 pages and 186 assets in part that do not require closure under 44 U.S.C. § 2204. A copy of any records proposed for release under this notice will be provided to you upon your request. We are also concurrently informing former President George W. Bush’s representative, Tobi Young, of our intent to release these records. Pursuant to 44 U.S.C. -
What Role for the Cia's General Counsel
Sed Quis Custodiet Ipsos Custodes: The CIA’s Office of General Counsel? A. John Radsan* After 9/11, two officials at the Central Intelligence Agency (CIA) made decisions that led to major news. In 2002, one CIA official asked the Justice Department’s Office of Legal Counsel (OLC) to clarify how aggressive CIA interrogators could be in questioning al Qaeda operatives held overseas.1 This request led to the August 2002 memorandum, later leaked, in which John Yoo argued that an interrogator crosses the line into torture only by inflicting pain on a par with organ failure.2 Yoo further suggested that interrogators would have many defenses, justifications, and excuses if they faced possible criminal charges.3 One commentator described the advice as that of a “mob lawyer to a mafia don on how to skirt the law and stay out of prison.”4 To cool the debate about torture, the Bush administration retracted the memorandum and replaced it with another.5 The second decision was made in 2003, when another CIA official asked the Justice Department to investigate possible misconduct in the disclosure to the media of the identity of a CIA employee. The employee was Valerie Plame, a covert CIA analyst and the wife of Ambassador Joseph Wilson. * Associate Professor of Law, William Mitchell College of Law. The author was a Justice Department prosecutor from 1991 until 1997, and Assistant General Counsel at the Central Intelligence Agency from 2002 until 2004. He thanks Paul Kelbaugh, a veteran CIA lawyer in the Directorate of Operations, for thoughtful comments on an early draft, and Erin Sindberg Porter and Ryan Check for outstanding research assistance. -
APA MAGAZINE the Magazine for the Polygraph Professional
APA MAGAZINE The Magazine for the Polygraph Professional Dr. Tim Weber, Editor In this Issue May/June 2008 Volume 41,3 2008 APA Annual Seminar Schedule, p. 16 APA President reports on the results of the first mail-in ballot election, p. 34 APA Magazine 2008, 41(3) 1 AMERICAN International INSTITUTE OF POLYGRAPH Accredited by the American Polygraph Association Recognized by the American Association of Police Polygraphists WHEN QUALITY COUNTS! Professional Polygraph Examiner Training. Curriculum and training methods based on Federal training and experience with the US Army Criminal Investigations Command and the Department of Defense Polygraph Institute. Training programs have an overall objective of providing the knowledge, skills and ability to professionally administer polygraph exams. Schedule 1: TRADITIONAL TEN (10) WEEKS IN RESIDENCE Schedule 2: EIGHT (8) WEEKS IN RESIDENCE & 2 WEEKS INTERNSHIP ● We provide polygraph equipment for training. Try it before you buy it. Lafayette LX4000 Axciton Stoelting CPS II Limestone Polygraph Professional Suite ● Experienced faculty using effective training methods. Less talk, more action. ● Video recorded laboratory exercises. Learn by doing. 2008 Class Start Dates January 7 March 17 April 21 September 8 Lafayette, IN 8 weeks Director & Primary Instructor– Charles (Chuck) E. Slupski Army CID Examiner (1983 – 1996) / DOD Polygraph Institute Instructor (1992 – 1996) Primary Instructor – Allan E. Stein Army CID Examiner & Polygraph Instructor at US Army Polygraph School NEW FACILITY. Great location -
Expanding Economic Opportunity for More Americans
Expanding Economic Opportunity for More Americans Bipartisan Policies to Increase Work, Wages, and Skills Foreword by HENRY M. PAULSON, JR. and ERSKINE BOWLES Edited by MELISSA S. KEARNEY and AMY GANZ Expanding Economic Opportunity for More Americans Bipartisan Policies to Increase Work, Wages, and Skills Foreword by HENRY M. PAULSON, JR. and ERSKINE BOWLES Edited by MELISSA S. KEARNEY and AMY GANZ FEBRUARY 2019 Acknowledgements We are grateful to the members of the Aspen Economic Strategy Group, whose questions, suggestions, and discussion were the motivation for this book. Three working groups of Aspen Economic Strategy Group Members spent considerable time writing the discussion papers that are contained in this volume. These groups were led by Jason Furman and Phillip Swagel, Keith Hennessey and Bruce Reed, and Austan Goolsbee and Glenn Hubbard. We are indebted to these leaders for generously lending their time and intellect to this project. We also wish to acknowledge the members who spent considerable time reviewing proposals and bringing their own expertise to bear on these issues: Sylvia M. Burwell, Mitch Daniels, Melissa S. Kearney, Ruth Porat, Margaret Spellings, Penny Pritzker, Dave Cote, Brian Deese, Danielle Gray, N. Gregory Mankiw, Magne Mogstad, Wally Adeyemo, Martin Feldstein, Maya MacGuineas, and Robert K. Steel. We are also grateful to the scholars who contributed policy memos, advanced our understanding about these issues, and inspired us to think creatively about solutions: Manudeep Bhuller, Gordon B. Dahl, Katrine V. Løken, Joshua Goodman, Joshua Gottlieb, Robert Lerman, Chad Syverson, Michael R. Strain, David Neumark, Ann Huff Stevens and James P. Ziliak. The production of this volume was supported by many individuals outside of the Aspen Economic Strategy Group organization.