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----FEMA pt 2 continued ----------------------------------------------
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Even those Executive Orders which have been made public tend to
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raise as many questions as they answer about what actions were
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considered and actually implemented. On January 8, 1991, Bush signed
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Executive Order 12742, National Security Industrial Responsiveness,
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which ordered the rapid mobilization of resources such as food,
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energy, construction materials and civil transportation to meet
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national security requirements. There was, however, no mention in
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this or any other EO of the National Defense Executive Reserve (NDER)
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plan administered under FEMA. This plan, which had been activated
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during World War II and the Korean War, permits the federal government
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during a state of emergency to bring into government certain
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unidentified individuals. On January 7, 1991 the "Wall Street Journal
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Europe" reported that industry and government officials were studying
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a plan which would permit the federal government to "borrow" as many
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as 50 oil company executives and put them to work streamlining the
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flow of energy in case of a prolonged engagement or disruption of
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supply. Antitrust waivers were also being pursued and oil companies
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were engaged in emergency preparedness exercises with the Department
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of Energy.[5]
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Wasting the Environment
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In one case the use of secret powers was discovered by a watchdog
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group and revealed in the press. In August 1990, correspondence
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passed between Colin McMillan, Assistant Secretary of Defense for
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Production and Logistics and Michael Deland, Chair of the White House
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Council on Environmental Quality. The letters responded to
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presidential and National Security Council directives to deal with
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increased industrial production and logistics arising from the
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situation in the Middle East. The communications revealed that the
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Pentagon had found it necessary to request emergency waivers to U.S.
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environmental restrictions.[6]
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The agreement to waive the National Environmental Policy Act (1970)
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came in August. Because of it, the Pentagon was allowed to test new
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weapons in the western U.S., increase production of materiel and
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launch new activities at military bases without the complex public
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review normally required. The information on the waiver was
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eventually released by the Boston-based National Toxic Campaign Fund
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(NTCF), an environmental group which investigates pollution on the
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nation's military bases. It was not until January 30, 1991, five
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months after it went into effect, that the "New York Times," acting
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on the NTCF information, reported that the White House had bypassed
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the usual legal requirement for environmental impact statements on
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Pentagon projects.[7] So far, no specific executive order or
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presidential finding authorizing this waiver has been discovered.
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Other environmental waivers could also have been enacted without
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the public being informed. Under a state of national emergency, U.S.
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warships can be exempted from international conventions on
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pollution[8] and public vessels can be allowed to dispose of
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potentially infectious medical wastes into the oceans.[9] The
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President can also suspend any of the statutory provisions regarding
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the production, testing, transportation, deployment, and disposal of
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chemical and biological warfare agents (50 USC sec. 1515). He could
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also defer destruction of up to 10 percent of lethal chemical agents
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and munitions that existed on November 8, 1985.[10]
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One Executive Order which was made public dealt with "Chemical and
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Biological Weapons Proliferation." Signed by Bush on November 16,
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1990, EO 12735 leaves the impression that Bush is ordering an
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increased effort to end the proliferation of chemical and biological
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weapons. The order states that these weapons "constitute a threat to
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national security and foreign policy" and declares a national
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emergency to deal with the threat. To confront this threat, Bush
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ordered international negotiations, the imposition of controls,
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licenses, and sanctions against foreign persons and countries for
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proliferation. Conveniently, the order grants the Secretaries of
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State and the Treasury the power to exempt the U.S. military.
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In February of 1991, the Omnibus Export Amendments Act was passed
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by Congress compatible with EO 12735. It imposed sanctions on
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countries and companies developing or using chemical or biological
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weapons. Bush signed the law, although he had rejected the identical
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measure the year before because it did not give him the executive
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power to waive all sanctions if he thought the national interest
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required it.[11] The new bill, however, met Bush's requirements.
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____________________________________________________________________
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| BUSH'S EXECUTIVE ORDERS |
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| * EO 12722 "Blocking Iraqi Government Property and |
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| Prohibiting Transactions With Iraq," Aug. 2, 1990. |
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| * EO 12723 "Blocking Kuwaiti Government Property," Aug. 2, |
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| 1990. |
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| * EO 12724 "Blocking Iraqi Government Property and |
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| Prohibiting Transactions With Iraq," Aug. 9, 1990. |
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| * EO 12725 "Blocking Kuwaiti Government Property and |
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| Prohibiting Transactions With Kuwait," Aug. 9, 1990. |
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| * EO 12727 "Ordering the Selected Reserve of the Armed |
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| Forces to Active Duty," Aug. 22, 1990. |
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| * EO 12728 "Delegating the President's Authority To |
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| Suspend Any Provision of Law Relating to the Promotion, |
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| Retirement, or Separation of Members of the Armed Forces," |
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| Aug. 22, 1990. |
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| * EO 12733 "Authorizing the Extension of the Period of |
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| Active Duty of Personnel of the Selected Reserve of the |
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| Armed Forces," Nov. 13, 1990. |
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| * EO 12734 "National Emergency Construction Authority," Nov. |
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| 14, 1990. |
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| * EO 12735 "Chemical and Biological Weapons Proliferation," |
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| Nov. 16, 1990. |
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| * EO 12738 "Administration of Foreign Assistance and Related |
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| Functions and Arms Export Control," Dec. 14, 1990. |
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| * EO 12742 "National Security Industrial Responsiveness," |
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| Jan. 8, 1991. |
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| * EO 12743 "Ordering the Ready Reserve of the Armed Forces |
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| to Active Duty," Jan. 18, 1991. |
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| * EO 12744 "Designation of Arabian Peninsula Areas, Airspace |
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| and Adjacent Waters as a Combat Zone," Jan. 21, 1991. |
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| * EO 12750 "Designation of Arabian Peninsula Areas, Airspace |
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| and Adjacent Waters as the Persian Gulf Desert Shield |
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| Area," Feb. 14, 1991. |
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| * EO 12751 "Health Care Services for Operation Desert |
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| Storm," Feb. 14, 1991. |
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--------------------------------------------------------------------
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Going Off Budget
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Although some of the powers which Bush assumed in order to conduct
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the Gulf War were taken openly, they received little public discussion
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or reporting by the media.
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In October, when the winds of the Gulf War were merely a breeze,
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Bush used his executive emergency powers to extend his budget
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authority. This action made the 1991 fiscal budget agreement between
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Congress and the President one of the first U.S. casualties of the
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war. While on one hand the deal froze arms spending through 1996, it
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also allowed Bush to put the cost of the Gulf War "off budget." Thus,
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using its emergency powers, the Bush administration could:
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* incur a deficit which exceeds congressional budget authority;
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* prevent Congress from raising a point of order over the
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excessive spending;[12]
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* waive the requirement that the Secretary of Defense submit
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estimates to Congress prior to deployment of a major defense
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acquisition system;
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* and exempt the Pentagon from congressional restrictions on
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hiring private contractors.[13]
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While there is no published evidence on which powers Bush actually
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invoked, the administration was able to push through the 1990 Omnibus
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Reconciliation Act. This legislation put a cap on domestic spending,
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created a record $300 billion deficit, and undermined the Gramm-
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Rudman-Hollings Act intended to reduce the federal deficit. Although
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Congress agreed to pay for the war through supplemental appropriations
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and approved a $42.2 billion supplemental bill and a $4.8 billion
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companion "dire emergency supplemental appropriation,"[14] it
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specified that the supplemental budget should not be used to finance
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costs the Pentagon would normally experience.[15]
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Lawrence Korb, a Pentagon official in the Reagan administration,
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believes that the Pentagon has already violated the spirit of the 1990
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Omnibus Reconciliation Act. It switched funding for the Patriot,
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Tomahawk, Hellfire and HARM missiles from its regular budget to the
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supplemental budget; added normal wear and tear of equipment to
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supplemental appropriations; and made supplemental requests which
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ignore a planned 25% reduction in the armed forces by 1995.[16]
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The Cost In Liberty Lost
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Under emergency circumstances, using 50 USC sec. 1811, the
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President could direct the Attorney General to authorize electronic
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surveillance of aliens and American citizens in order to obtain
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foreign intelligence information without a court order.[17] No
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Executive Order has been published which activates emergency powers to
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wiretap or to engage in counter-terrorist activity. Nonetheless,
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there is substantial evidence that such activities have taken place.
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According to the New York-based Center for Constitutional Rights, the
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FBI launched an anti-terrorist campaign which included a broad sweep
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of Arab-Americans. Starting in August, the FBI questioned, detained,
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and harassed Arab-Americans in California, New York, Ohio,
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Pennsylvania, Virginia, Maryland, and Colorado.[18]
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A CIA agent asked the University of Connecticut for a list of all
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foreign students at the institution, along with their country of
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origin, major field of study, and the names of their academic
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advisers. He was particularly interested in students from the Middle
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East and explained that the Agency intended to open a file on each of
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the students. Anti-war groups have also reported several break-ins of
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their offices and many suspected electronic surveillance of their
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telephones.[19]
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Pool of Disinformation
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Emergency powers to control the means of communications in the U.S.
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in the name of national security were never formally declared. There
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was no need for Bush to do so since most of the media voluntarily and
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even eagerly cooperated in their own censorship. Reporters covering
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the Coalition forces in the Gulf region operated under restrictions
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imposed by the U.S. military. They were, among other things, barred
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from traveling without a military escort, limited in their forays into
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the field to small escorted groups called "pools," and required to
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submit all reports and film to military censors for clearance. Some
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reporters complained that the rules limited their ability to gather
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information independently, thereby obstructing informed and objective
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reporting.[20]
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Three Pentagon press officials in the Gulf region admitted to James
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LeMoyne of the "New York Times" that they spent significant time
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analyzing reporters' stories in order to shape the coverage in the
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Pentagon's favor. In the early days of the deployment, Pentagon press
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officers warned reporters who asked hard questions that they were seen
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as "anti-military" and that their requests for interviews with senior
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commanders and visits to the field were in jeopardy. The military
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often staged events solely for the cameras and would stop televised
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interviews in progress when it did not like what was being portrayed.
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Although filed soon after the beginning of the war, a lawsuit
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challenging the constitutionality of press restrictions was not heard
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until after the war ended. It was then dismissed when the judge ruled
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that since the war had ended, the issues raised had become moot. The
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legal status of the restrictions--initially tested during the U.S.
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invasions of Grenada and Panama--remains unsettled.
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A National Misfortune
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It will be years before researchers and journalists are able to
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ferret through the maze of government documents and give a full
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appraisal of the impact of the President's emergency powers on
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domestic affairs. It is likely, however, that with a post-war
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presidential approval rating exceeding 75 percent, the domestic
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casualties will continue to mount with few objections. Paradoxically,
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even though the U.S. public put pressure on Bush to send relief for
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the 500,000 Iraqi Kurdish refugees, it is unlikely the same outcry
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will be heard for the 37 million Americans without health insurance,
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the 32 million living in poverty, or the country's five million hungry
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children. The U.S. may even help rebuild Kuwaiti and Iraqi civilian
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infrastructures it destroyed during the war while leaving its own
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education system in decay, domestic transportation infrastructures
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crumbling, and inner city war zones uninhabitable. And, while the
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U.S. assists Kuwait in cleaning up its environmental disaster, it will
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increase pollution at home. Indeed, as the long-dead Prussian field
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marshal prophesied, "a war, even the most victorious, is a national
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misfortune."
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FOOTNOTES:
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1. The administrative guideline was established under Reagan in Executive
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Order 12656, November 18,1988, "Federal Register," vol. 23, no. 266.
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2. For instance, National Security Council policy papers or National
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Security Directives (NSD) or National Security Decision Directives
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(NSDD) have today evolved into a network of shadowy, wide-ranging and
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potent executive powers. These are secret instruments, maintained in
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a top security classified state and are not shared with Congress. For
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an excellent discussion see: Harold C. Relyea, The Coming of Secret
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Law, "Government Information Quarterly," Vol. 5, November 1988; see
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also: Eve Pell, "The Backbone of Hidden Government," "The Nation,"
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June 19,1990.
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3. "Letter to Congressional Leaders Reporting on the National Emergency
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With Respect to Iraq," February, 11, 1991, "Weekly Compilation of
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Presidential Documents: Administration of George Bush," (Washington,
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DC: U.S. Government Printing Office), pp. 158-61.
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4. The U.S. now has states of emergency with Iran, Iraq and Syria.
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5. Allanna Sullivan, "U.S. Oil Concerns Confident Of Riding Out Short Gulf
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War," "Wall Street Journal Europe," January 7, 1991.
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6. Colin McMillan, Letter to Michael Deland, Chairman, Council on
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Environmental Quality (Washington, DC: Executive Office of the
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President), August 24, 1990; Michael R. Deland, Letter to Colin
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McMillan, Assistant Secretary of Defense for Production and Logistics
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(Washington, DC: Department of Defense), August 29,1990.
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7. Keith Schneider, "Pentagon Wins Waiver Of Environmental Rule," "New York
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Times," January 30, 1991.
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8. 33 U.S. Code (USC) sec. 1902 9(b).
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9. 33 USC sec. 2503 l(b).
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10. 50 USC sec. 1521(b) (3)(A).
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ll. Adam Clymer, "New Bill Mandates Sanctions On Makers of Chemical Arms,"
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"New York Times," February 22, 1991.
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12. 31 USC O10005 (f); 2 USC O632 (i), 6419 (d), 907a (b); and Public
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Law 101-508, Title X999, sec. 13101.
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13. 10 USC sec. 2434/2461 9F.
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14. When the Pentagon expected the war to last months and oil prices to
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skyrocket, it projected the incremental cost of deploying and
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redeploying the forces and waging war at about $70 billion. The
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administration sought and received $56 billion in pledges from allies
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such as Germany, Japan and Saudi Arabia. Although the military's
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estimates of casualties and the war's duration were highly inflated,
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today their budget estimates remain at around $70 billion even though
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the Congressional Budget office estimates that cost at only $40
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billion, $16 billion less than allied pledges.
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15. Michael Kamish, "After The War: At Home, An Unconquered Recession,"
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"Boston Globe," March 6, 1991; Peter Passell, "The Big Spoils From a
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Bargain War," "New York Times," March 3, 1991; and Alan Abelson, "A
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War Dividend For The Defense Industry?" "Barron's," March 18, 1991.
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16. Lawrence Korb, "The Pentagon's Creative Budgetry Is Out of Line,"
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"International Herald Tribune," April 5, 199l.
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17. Many of the powers against aliens are automatically invoked during a
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national emergency or state of war. Under the Alien Enemies Act (50
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USC sec. 21), the President can issue an order to apprehend, restrain,
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secure and remove all subjects of a hostile nation over 13 years old.
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Other statutes conferring special powers on the President with regard
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to aliens that may be exercised in times of war or emergencies but are
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not confined to such circumstances, are: exclusion of all or certain
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classes of aliens from entry into the U.S. when their entry may be
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"detrimental to the interests of the United States" (8 USC sec. 1182(f));
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imposition of travel restrictions on aliens within the U.S. (8 USC sec.
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1185); and requiring aliens to be fingerprinted (8 USC sec. 1302).
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18. Ann Talamas, "FBI Targets Arab-Americans," "CAIB," Spring 1991, p. 4.
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19. "Anti-Repression Project Bulletin" (New York: Center for
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Constitutional Rights), January 23, 1991.
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20. James DeParle, "Long Series of Military Decisions Led to Gulf War News
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Censorship," "New York Times," May 5, 1991.
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21. James LeMoyne, "A Correspondent's Tale: Pentagon's Strategy for the
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Press: Good News or No News," "New York Times," February 17, 1991.
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______________________________________________________________________________
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Covert Action INFORMATION BULLETIN
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Back Issues
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|
|
No. 1 (July 1978): Agee on CIA; Cuban exile trial; consumer research-Jamaica.*
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|
No. 2 (Oct. 1978): How CIA recruits diplomats; researching undercover
|
|
officers; double agent in CIA.*
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|
No. 3 (Jan. 1979): CIA attacks CAIB; secret supp. to Army field manual;
|
|
spying on host countries.*
|
|
No. 4 (Apr.-May 1979): U.S. spies in Italian services; CIA in Spain; CIA
|
|
recruiting for Africa; subversive academics; Angola.*
|
|
No. 5 (July-Aug. 1979): U.S. intelligence in Southeast Asia; CIA in
|
|
Denmark, Sweden, Grenada.*
|
|
No. 6 (Oct. 1979): U.S. in Caribbean; Cuban exile terrorists; CIA plans
|
|
for Nicaragua; CIA's secret "Perspectives for Intelligence."*
|
|
No. 7 (Dec. 1979-Jan. 1980): Media destabilization in Jamaica; Robert
|
|
Moss; CIA budget; media operations; UNITA; Iran.*
|
|
No. 8 (Mar.-Apr. 1980): Attacks on Agee; U.S. intelligence legislation;
|
|
CAIB statement to Congress; Zimbabwe; Northern Ireland.
|
|
No. 9 (June 1980): NSA in Norway; Glomar Explorer; mind control; NSA.
|
|
No. 10 (Aug.-Sept. 1980): Caribbean; destabilization in Jamaica; Guyana;
|
|
Grenada bombing; "The Spike"; deep cover manual.
|
|
No. 11 (Dec. 1980): Rightwing terrorism; South Korea; KCIA; Portugal;
|
|
Guyana; Caribbean; AFIO; NSA interview.
|
|
No. 12 (Apr. 1981): U.S. in Salvador and Guatemala; New Right; William
|
|
Casey; CIA in Mozambique; mail surveillance.*
|
|
No. 13 (July-Aug. 1981): South Africa documents; Namibia; mercenaries;
|
|
the Klan; Globe Aero; Angola; Mozambique; BOSS; Central America;
|
|
Max Hugel; mail surveillance.
|
|
No. 14-15 (Oct. 1981): Complete index to nos. 1-12; review of intelligence
|
|
legislation; CAIB plans; extended Naming Names.
|
|
No. 16 (Mar. 1982): Green Beret torture in Salvador; Argentine death squads;
|
|
CIA media ops; Seychelles; Angola; Mozambique; the Klan; Nugan Hand.*
|
|
No. 17 (Summer 1982): CBW History; Cuban dengue epidemic; Scott Barnes
|
|
and yellow rain lies; mystery death in Bangkok.*
|
|
No. 18 (Winter 1983): CIA & religion; "secret" war in Nicaragua; Opus Dei;
|
|
Miskitos; evangelicals-Guatemala; Summer Inst. of Linguistics; World
|
|
Medical Relief; CIA & BOSS; torture S. Africa; Vietnam defoliation.*
|
|
No. 19 (Spring-Summer 1983): CIA & media; history of disinformation;
|
|
"plot" against Pope; Grenada airport; Georgie Anne Geyer.
|
|
No. 20 (Winter 1984): Invasion of Grenada; war in Nicaragua; Ft. Huachuca;
|
|
Israel and South Korea in Central America; KAL flight 007.
|
|
No. 21 (Spring 1984): N.Y. Times and the Salvador election; Time and
|
|
Newsweek in distortions; Accuracy in Media; Nicaragua.
|
|
No. 22 (Fall 1984): Mercenaries & terrorism; Soldier of Fortune; "privatizing"
|
|
the war in Nicaragua; U.S.-South African terrorism; Italian fascists.
|
|
No. 23 (Spring 1985): Special issue on "plot" to kill the Pope and the
|
|
"Bulgarian Connection"; CIA ties to Turkish and Italian neofascists.
|
|
No. 24 (Summer 1985): State repression, infiltrators, provocateurs;
|
|
sanctuary movement; American Indian Movement; Leonard Peltier;
|
|
NASSCO strike; Arnaud de Borchgrave, Moon, and Moss; Tetra Tech.
|
|
No. 25 (Winter 1986): U.S., Nazis, and the Vatican; Knights of Malta;
|
|
Greek civil war and Eleni; WACL and Nicaragua; torture.
|
|
No. 26 (Summer 1986): U.S. state terrorism; Vernon Walters; Libya bombing;
|
|
contra agents; Israel and South Africa; Duarte; media in Costa
|
|
Rica; democracy in Nicaragua; plus complete index to nos. 13-25.*
|
|
No. 27 (Spring 1987): Special: Religious Right; New York Times and Pope
|
|
Plot; Carlucci; Southern Air Transport; Michael Ledeen.*
|
|
No. 28 (Summer 1987): Special: CIA and drugs: S.E. Asia, Afghanistan,
|
|
Central America; Nugan Hand; MKULTRA in Canada; Delta Force;
|
|
special section on AIDS theories and CBW.*
|
|
No. 29 (Winter 1988): Special issue on Pacific: Philippines, Fiji, New
|
|
Zealand, Belau, Kanaky, Vanuatu; atom testing; media on Nicaragua;
|
|
Reader's Digest; CIA in Cuba, Tibet; Agee on "Veil;" more on AIDS.*
|
|
No. 30 (Summer 1989): Special: Middle East: The intifada, Israeli arms
|
|
sales; Israel in Africa; disinformation and Libya; CIA's William
|
|
Buckley; the Afghan arms pipeline and contra lobby.
|
|
No. 31 (Winter 1989): Special issue on domestic surveillance. The FBI; CIA
|
|
on campus; Office of Public Diplomacy; Lexington Prison; Puerto Rico.
|
|
No. 32 (Summer 1989): Tenth Year Anniversary Issue: The Best of CAIB.
|
|
Includes articles from our earliest issues, Naming Names, CIA at home,
|
|
abroad, and in the media. Ten-year perspective by Philip Agee.
|
|
No. 33 (Winter 1990): The Bush Issue: CIA agents for Bush; Terrorism Task
|
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Force; El Salvador and Nicaragua intervention; Republicans and Nazis.
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No. 34 (Summer 1990): Assassination of Martin Luther King Jr; Nicaraguan
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elections; South African death squads; U.S. and Pol Pot; Pan Am
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Flight 103; Noriega and the CIA; Council for National Policy.
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No. 35 (Fall 1990): Special: Eastern Europe; Analysis-Persian Gulf and
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Cuba; massacres in Indonesia; CIA and Banks; Iran-contra
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No. 36 (Spring 1991): Racism & Nat. Security: FBI v. Arab-Americans & Black
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Officials; Special: Destabilizing Africa: Chad, Uganda, S. Africa,
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Angola, Mozambique, Zaire; Haiti; Panama; Gulf War; COINTELPRO "art."
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No. 37 (Summer 1990): Special: Gulf War: Media; U.N.; Libya; Iran;
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Domestic costs; North Korea Next? Illegal Arms Deals.
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* Available in Photocopy only
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Books, etc.
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$25 "Dirty Work II: The CIA in Africa," Ray, et al.
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$10 "Deadly Deceits: 25 Years in CIA," McGehee
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$8 "Secret Contenders: CIA and Cold War," Beck
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$6.50 "White Paper/Whitewash," Agee/Poelchau
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$10 "On The Run," Agee
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--
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daveus rattus
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yer friendly neighborhood ratman
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KOYAANISQATSI
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ko.yan.nis.qatsi (from the Hopi Language) n. 1. crazy life. 2. life
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in turmoil. 3. life out of balance. 4. life disintegrating.
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5. a state of life that calls for another way of living.
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KOYAANISQATSI
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ko.yan.nis.qatsi (from the Hopi Language) n. 1. crazy life. 2. life
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in turmoil. 3. life out of balance. 4. life disintegrating.
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5. a state of life that calls for another way of living.
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