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View Article  Cold-hearted, Divisive Iowa State Senators Introduce Gay Marriage Ban
Cold-hearted, Divisive Iowa State Senators Introduce Gay Marriage Ban

by Christina Butts

The new legislative session has barely started and the remnant religious far-right in the Iowa State Senate wants to begin divisive political tactics instead of working for the future of the state. These tactics are keeping  Iowa from becoming an economic and socially progressive state that will attract and retain business and young adults. This type of game and tactic in a state that was proudly one of the main 'free' states during the Underground Railroad harkens a step back from Quaker-based liberty and freedoms for which our state's Constitution has always stood. This seems to be strategically done the week before Iowa Equality Day, February 3, for educating legislators on LGBT civil/human rights issues, which will get positive media attention and publicity.  --Christina Butts



Thursday, January 27, 2005 -- Mason City Globe Gazette

GAY MARRIAGE BAN INTRODUCED, BUT UNLIKELY TO ADVANCE

By DAN GEARINO, Globe Des Moines Bureau

DES MOINES - A state constitutional amendment banning gay marriage was introduced by nine Republicans Wednesday in the Iowa Senate.

The measure faces little chance of passage in a chamber tied 25-25 between parties. A similar resolution fell short last year, a time when Republicans held the majority.

"I still feel the majority of Iowans think we need to keep marriage protected," said one of the co-sponsors, Sen. Bob Brunkhorst, R-Waverly.

The proposal would add the following sentence to the state constitution:

"Only marriage between a man and a woman shall be valid or recognized in the state of Iowa."

Leaders from both parties said before the session that hot-button social issues would probably get little airing because of the even split between the parties.

The sponsors of the proposed amendment are the following Republican senators: Jeff Angelo of Creston, Jerry Behn of Boone, Nancy Boettger of Harlan, Brunkhorst, David Johnson of Ocheyedan, Jim Hahn of Muscatine, Larry McKibben of Marshalltown, Paul McKinley of Chariton and Jim Seymour of Woodbine.

View Article  INTELLIGENCE: Rumsfeld's Dirty Little Secret

Intelligence: Rumsfeld's Dirty Little Secret


American Progress

The Pentagon Hides Spy Unit from Congress

The Pentagon has secretly been operating a clandestine espionage branch for the past two years after reinterpreting U.S. law to place more power directly in the hands of Secretary of Defense Donald Rumsfeld. According to an explosive new article in yesterday's Washington Post, the group, called the Strategic Support Branch, is "designed to operate without detection and under the defense secretary's direct control" in collecting human intelligence (or HUMINT, in intelligence-speak). Not only does the group operate outside the public view, Rumsfeld has also hidden it from Congress and is not coordinating with the CIA. Already, it has been operating in places like Iraq and Afghanistan – as well as in unnamed "friendly countries" with which the United States is not at war. The group has been working with the elite U.S. Special Forces, such as Delta Force, as well as recruited outside agents, including "notorious figures" whose "links to the U.S. government would be embarrassing if disclosed." The Defense Department has also engaged in legal tricks, redefining the rules to support its claims that the intelligence group is subject to less stringent oversight than similar operations within the CIA. Here's a look inside the Strategic Support Branch:

PLAYING GAMES WITH THE LAW: Defense Department lawyers are hard at work redefining the rules to give Secretary Rumsfeld more expansive powers and to get around any legal constraints. Take Title 10 of the U.S. code, for example. While the Pentagon is legally required to tell Congress about all "deployment orders," Undersecretary for Intelligence Stephen A. Cambone this month issued new guidelines that state the group is allowed to "conduct clandestine HUMINT operations…before publication" of a deployment order, making the subsequent order meaningless. Title 50 got a friendly freshen-up as well: current law says Congress does not have to be informed about "traditional" military activities and their "routine" support, so the Pentagon's general counsel simply expanded the definition of "traditional" and "routine."

RE-READING HERSH: The Post article fits with the article written last week by Seymour Hersh, which detailed the Pentagon's secret plans to go to war in Iran. Hersh wrote, "[Bush] has signed a series of findings and executive orders authorizing secret commando groups and other Special Forces units to conduct covert operations against suspected terrorist targets in as many as ten nations in the Middle East and South Asia… [Bush]'s decision enables Rumsfeld to run the operations off the books—free from legal restrictions imposed on the C.I.A."

WHO IS WALDROUP? The secret intelligence group is headed up by Col. George Waldroup, a man with little intelligence experience. Waldroup, who likes to refer to himself in the third person as "GW," is not a graduate of the Army's Special Warfare Center nor the CIA's Field Tradecraft Course for intelligence officers. He spent much of his professional life as a "midlevel manager" at the Immigration and Naturalization Service. He was embroiled in scandal in the mid-'90s for deceiving a congressional delegation about staffing problems at Miami International Airport. "Waldroup, then assistant district director for external affairs, helped orchestrate a temporary doubling of immigration screeners on the day of the visit, instructed subordinates not to discuss staff shortages and physically confronted a union leader to prevent him from reaching members of Congress." During the investigation, he then "refused to disclose the password to his e-mail files, refused to sign an affidavit summarizing his testimony and, in a subsequent interview, 'stated that he would not answer any questions' because 'he wished to protect himself from exposure to criminal sanctions.'"

A DANGEROUSLY INEXPERIENCED TEAM: The Strategic Support Branch operatives are sent to work directly with the military's elite Special Operations forces. One big problem: Waldroup's team is staffed with members who lack crucial intelligence experience and training. One military Special Forces officer who worked with the team said one of Waldroup's men actually held his team back like an anchor "because of his physical conditioning and his lack of knowledge of our tactics, techniques and procedures. The guy actually put us in danger." Another Special Forces officer in Afghanistan said Waldroup's men were reluctant to leave the base to do their intel: "These guys can't set up networks and run agents and recruit tribal elders."

SHHHH…DON'T TELL CONGRESS: The Strategic Support Branch operated well below congressional radar. The group was set up using funds siphoned off of other Pentagon projects "without explicit congressional authority or appropriation." The Post reported two "longtime members" of the House Intelligence Committee were unaware of any details surrounding the group. And on CBS's Face The Nation, Sen. John McCain, a member of the Senate Armed Services Committee, called yesterday for hearings to examine the group.

View Article  ACT Commemorates Dr. King by Shining Spotlight on Vote Fraud Aimed at African Americans
ACT Commemorates Dr. King by Shining Spotlight on Vote Fraud Aimed at African Americans

America Coming Together

Some things haven't changed.  It's time to ACT.  Click here.

There are so many powerful images from our country's long struggle for racial and economic equality.  Every history book has the same black and white pictures -- from places like Alabama, Arkansas, and Tennessee.



So, as we commemorate Dr. Martin Luther King today, I'd like to share some equally powerful images of Election Day, 2004 -- from places like Ohio, Wisconsin, and Pennsylvania.

In honor of Dr. King and the 40th anniversary of the Voting Rights Act, please sign your name to our demand for electoral reform nationwide.

Join the fight. Send these images to everyone you know.

We're just beginning to understand the impact of the aggressive campaign of misinformation, repression and intimidation that was unleashed by corrupt Republican officials and partisans in 2004.  Here are just a few examples (View the orginials by clicking here):

*In Lake County, Ohio, a fake letter appearing to come from the Lake County Board of Elections was sent to newly registered voters saying that registrations gathered by progressive organizations (including ACT) are illegal and those voters would not be able to vote.

*The week before the election, flyers were circulated in Milwaukee under the heading "Milwaukee Black Voters League" with some "warnings for election time" including that anyone convicted of any offense, however minor, is ineligible to vote; that any family member having been convicted of anything would disqualify a voter; and that any violation of these warnings would result in ten years in prison and a voter's children being taken away.

*A flyer designed to look like an official announcement from McCandless Township in Allegheny County, Pennsylvania, was designed to misinform voters on a partisan basis.  The flyer claimed that "Due to the immense voter turnout that is expected on Tuesday, November 2 the state of Pennsylvania has requested an extended voting period" encouraging people to vote on November 3rd.

So, with the dust settling on the 2004 elections, a much longer fight must continue on the streets and in the precincts where too many voices went unheard.

This petition and the strength of ACT's ongoing field campaign will oppose and defeat any corrupt federal, state, and local official who blocks common sense efforts to ensure fairer voting in future elections.  

Demand change today. Learn more here.

We will not win by sending emails and airing television commercials.  We will only win by building strong organizations on the ground from coast to coast.  This is what ACT is doing in 2005.
 
ACT TOWN HALL MEETINGS PLANNED

Over the coming weeks, ACT staff and volunteers will be organizing town hall meetings to review the elections of 2004 and discuss our plans for the future.  This is your chance to help shape ACT's future and build the volunteer organization needed to win in 2005 and beyond.

Currently, we are making plans for meetings in the following cities.

Columbus, OH - TBD
Los Angeles, CA - January 22
Milwaukee, WI - TBD
New York, NY - January 18 (*Capacity reached.  More events soon.)
Philadelphia, PA - TBD
Phoenix, AZ - TBD
St. Louis, MO - TBD

More cities to be announced soon!

If you are involved with a volunteer organization in another city that worked with ACT in 2004 or looking to work with us in the future, please let us know how we can support your continued efforts in 2005.  Email volunteer@act4victory.org.

Sincerely,

Steve Rosenthal
CEO
America Coming Together

P.S.   From National Journal's Charlie Cook, printed on January 11, 2005, on what went right in 2004:

"Democrats, chiefly through America Coming Together, mounted what was not only the most sophisticated get-out-the-vote operation in the party's history, but it was probably the best field work by a factor of at least 10. Merging the latest in technology with old-fashioned shoe leather, Democrats not only met, but surpassed, their vote total targets in key states such as Ohio and Florida. With voter turnout unexpectedly climbing from 105 million in 2000 to 119 million in 2004 and a parallel effort by the GOP that took them to startling heights of organization as well, the Democratic GOTV operation was not quite good enough to win, but it was awfully close."

View Article  Can the FBI Monitor Your Web Browsing Without a Warrant?
Can the FBI Monitor Your Web Browsing Without a Warrant?

EFFector  Vol. 18, No. 2  January 14, 2005

EFF Demands Answers from DOJ about PATRIOT Act Surveillance

Washington, DC - [Friday] the Electronic Frontier Foundation (EFF) filed a Freedom of Information Act (FOIA) request with the FBI and other offices of the US Department of Justice, seeking the release of documents that would reveal whether the government has been using the USA PATRIOT Act to spy on Internet users' reading habits without a search warrant.

At issue is PATRIOT Section 216, which expanded the government's authority to conduct surveillance in criminal investigations using pen registers or trap and trace devices ("pen-traps").  Pen-traps collect information about the numbers dialed on a telephone but do not record the actual content of phone conversations.  Because of this limitation, court orders authorizing pen-trap surveillance are easy to get - instead of having to show probable cause, the government need only certify relevance to its investigation.  Also, the government never has to inform people that they are or were the subjects of pen-trap surveillance.

PATRIOT expanded pen-traps to include devices that monitor Internet communications.  But the line between non-content and content is a lot blurrier online than it is on phone networks.  The DOJ has said openly that the new definitions allow pen-traps to collect email and IP addresses. However, the DOJ has not been so forthcoming about web surveillance.  It won't reveal whether it believes URLs can be collected using pen-traps, despite the fact that URLs clearly reveal content by identifying the web pages being read.  EFF made its FOIA request specifically to gain access to documents that might reveal whether the DOJ is using pen-traps to monitor web browsing.

"It's been over three years since the USA PATRIOT Act was passed, and the DOJ still hasn't answered the public's simple question:  'Can you see what we're reading on the Web without probable cause?'" said Kevin Bankston, EFF Staff Attorney and Bruce J. Ennis Equal Justice Works Fellow.  "Much of PATRIOT is coming up for review this year, but we can never have a full and informed debate of the issues when the DOJ won't explain how it has been using these new surveillance powers."

The law firm of DLA Piper Rudnick Gray Cary assisted EFF in preparing the FOIA request and will help with any litigation if the DOJ fails to respond.

FOIA request:
http://www.eff.org/cgi/tiny?urlID=378

For this release:
http://www.eff.org/news/archives/2005_01.php#002213

View Article  Iowa Supreme Court to Hear Oral Argument Friday in Lesbian Civil Union Dissolution Case
Iowa Supreme Court to Hear Oral Argument Friday in Lesbian Civil Union Dissolution Case

Lambda Legal

What: Oral arguments in Alons et al v. Iowa District Court for Woodbury County.

When: Friday, January 14, at 9 a.m.  

Where: Iowa Supreme Court, 1111 East Court Avenue, Des Moines, Iowa.

[Observers and supporters are welcome, but please no protesting and no signs.]

We will urge the court to recognize that disapproval of gay couples doesn't give these groups or individuals the right to interfere in other people's personal lives.

(Des Moines, January 11, 2005) -- In oral argument set for Friday, January 14, at 9 a.m. at the Iowa Supreme Court, Lambda Legal and local organizations will fend off an attack by antigay groups who seek to overturn a local court order granting two Sioux City women's request to terminate their civil union.

"We will urge the court to recognize that disapproval of gay couples doesn't give these groups or individuals the right to interfere in other people's personal lives," said Camilla Taylor, Staff Attorney in Lambda Legal's Midwest Regional Office, who will argue the case on Friday.

"A judge in his rightful authority has already addressed this matter. Iowa judges regularly resolve a wide range of matters between couples who live together, regardless of the status of their relationship or whether they're married.  A handful of legislators and others have tried to insinuate themselves into this particular case because this time it involves two lesbians."

The two women filed papers to dissolve their civil union in August of 2003. The judge in their case noted that he was simply resolving a legal matter between a couple as the state's courts routinely do.

In February of 2004, a group of state legislators, a congressman and a northwest Iowa church filed a petition to be heard by the Iowa State Supreme Court. They filed a lawsuit asserting that the judge, Jeffrey Neary in the Iowa District Court for Woodbury County, lacked authority to declare the rights of the two women and terminate their civil union, and they asked the state high court to hear their case.

Lambda Legal filed a friend-of-the-court brief last June, signed by the Iowa Civil Liberties Union, the ACLU and the Lesbian, Gay, Bisexual and Transgender Community Center of Central Iowa, that urged the court to throw the case out. The brief argued that none of the parties involved in the challenge have legal standing to interfere in the case because they aren't harmed in any way by Judge Neary's decision. The brief also pointed out that Iowa law permits a court to terminate a civil union, so that the members of the couple can move on with their lives with certainty about their legal rights, plan financially and start new families.

Friday's oral argument will focus on whether these anti-gay groups and inviduals have the right to interfere with the trial court's authority to provide necessary relief to this lesbian couple.  In November, Iowans voted to retain Judge Neary, despite aggressive efforts by antigay groups to unseat him.

Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education, and public policy work.

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