Last updated: October 9, 2004
J. David Sexton
Last updated: October 9, 2004
We often hear and read about what government officials say and write, but the newspapers, radio, and television rarely give us more than brief quotes. We don't so much get the news as hear about it second-hand.
The intent of this site is to give ordinary citizens a chance to read for ourselves the original documents we only hear about in the "news." I find the original documents are often much more, and in some cases much less, disturbing than what we hear and read about them.
Here are some links that might come in handy as you try to deal with the information on this site.
U.S. Congress Home Page
U.S. Senate Home Page
U.S. House of Representatives Home Page
Congressional Record
House and Senate Bills
The U.S. Code
Code of Federal Regulations
Legal Information Institute
Project Vote Smart Website
Project Vote Smart would be a good place to look to find out who your Senators and Representatives are.
The "gpoaccess" sites above belong to the US Government Printing Office (the GPO). Unfortunately, access to the actual documents on the GPO's site is through CGI scripts, so I can't safely link to them. I have to copy them to this site, but that's OK because everything there is in the public domain.
Here is a copy of the Constitution of the United States of America.
Here is a copy of the USA Patriot Act
Here is a copy of the 1949 Geneva Convention on the treatment of prisoners of war, referred to in the following Bybee Memo. You can judge for yourself whether Mr. Bybee has correctly interpreted the spirit and letter of the treaty. In any case, the Geneva Convention is one of the two or three most famous and important treaties of the twentieth century.
Here is a copy of the United Nations Convention Against Torture to which the United States is signatory.
The Convention prohibits torture in any area under the control of the signatory nation (which, in the case of the United States, includes Guantanamo), and it prohibits torture of anyone (not just prisoners of war). Furthermore, it allows for "no exceptional circumstances whatsoever" (Part I, Article 2). Precisely what constitutes torture is clearly spelled out in Part I, Article 1, so that we may judge for ourselves whether the activities described below (by the Tipton Three, Maj. Gen. Taguba, and the Courts Martial of Pvt. Cruz and others) constitute violations.
This is the eight-page "Bybee Memo" (dated February 7, 2002). It's been scanned into GIF files, one for each page. Alberto R. Gonzales, Counsel to the President, asked the Justice Department if they (the Executive Branch) could get away with considering prisoners of war taken in Afghanistan not to be prisoners of war under the Geneva Conventions, to which the USA is signatory. They wanted to treat the prisoners taken in Afghanistan in ways that would violate these treaties. They have since done so in Guantanamo (see the testimony of the "Tipton Three" below).
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Mr. Bybee's reward was to be appointed a Federal Judge.
This is the result of the Bybee Memo; it's the testimony of three British citizens (the so-called Tipton Three) taken prisoner in Afghanistan (or perhaps in Pakistan—this is a matter of dispute) by the Northern Alliance and imprisoned at Guantanamo. The Tipton Three are Shafiq Rasul, Asif Iqbal, and Rhuhel Ahmed. There is also some information in this document for those interested in the fates of Jamil El-Banna, Bisher al-Rawi, Moazzam Begg, Mamdouh Habib, Omar Khadr, Mohamed Rajab, David Hicks, and Fouad Al Rabiah.
Gitmo-compositestatementFINAL23july04.pdf
Here is a copy of the letter Moazzam Begg's father just received from his son. News of this letter was first reported on Friday, October 1, 2004 by the BBC. Moazzam Begg is one of the people being held without charge in Guantanamo by the United States. Mr. Begg is a British citizen.
The letter is hand-written and dated July 12, 2004. It does not seem to have been censored (there are no holes cut in it), and this has sparked speculation that it may have been passed without censorship by mistake.
Here is the United States Supreme Court judgement in the case of Rasul vs Bush. Mr. Rasul is one of the so-called Tipton Three. See Tipton Three Statement.
US Supreme Court judgements for this current 2003 term are available at www.supremecourtus.gov/opinions/03slipopinion.html
This an external link to a copy (at wikisource.org) of a US Army report on abuse of prisoners in Iraq, dated April 4, 2004. You may have seen this referred to as the Taguba Report.
Prosecutions of enlisted personnel involved in the abuse have begun. The following are press releases from MNFI-MNCI (Multi-National Force-Iraq/Multi-National Corps-Iraq). The MNFI-MNCI site is at www.mnf-iraq.com/
Here is the testimony Secretary of Defense Donald H. Rumsfeld gave to the Senate and House Armed Services Committees on Friday, May 7, 2004. A copy of this document is available at the Pentagon's site at www.defenselink.mil/
Interestingly, Alberto R. Gonzales, Counsel to the President, (to whom the Bybee memo was addressed) also spoke out in a New York Times op-ed piece on May 15, 2004 titled "The Rule of Law and the Rules of War." I'm sorry that I can't quote the entire article; government documents are in the public domain, but newspapers aren't.
The Rule of Law and the Rules of War, May 15, 2004
Notwithstanding the outrage expressed over prisoner abuses in Iraq, British prisoners are still being held in Guantanamo. The following is a "claim for judicial review" filed with the High Court of Justice in an attempt to force the British government to demand the release of Feroz Abbasi and Martin Mubanga.
Here's an external link to the 9-11 Commission's report.
The Report of the 9-11 Commission
Here's a copy of Charles A. Duelfer's report to the Senate Armed Services Committee on October 6, 2004.
hr3920.txt
Title: Congressional Accountability for Judicial Activism Act of 2004
Purpose: To allow Congress to reverse the judgments of the United States
Supreme Court.
This bill is very short and its intent very easy to understand.
The Congress may, if two thirds of each House agree, reverse a judgment of the United States Supreme Court...to the extent that judgment concerns the constitutionality of an Act of Congress.
This seems similar in intent to H.R. 3893. This would fundamentally alter the system of checks and balances established by the framers of the Constitution. Judicial review is the only check on Congress preventing them from passing unconstitutional laws.
If this bill is passed into law, two thirds of the Congress will be able to pass any law they want; and neither the President, nor the Supreme Court, nor the American People will be able to stop them. One of the first of such laws might be a law postponing new Congressional elections, indefinitely.
hr3893.txt
Title: We the People Act
Purpose: To limit the jurisdiction of the Federal courts, and for other
purposes.
This bill would prohibit the US Supreme Court from ruling on the
constitutionality of laws affecting freedom of religion, the right to
privacy, and the right to marry.
If my state passed legislation which restricted my freedom of worship, this bill would prevent the US Supreme Court from ruling that legislation unconstitutional. If you're Catholic or Jewish, and you live in a state where Christian Protestants are the majority, this may be of special concern.
The title of this bill, which attacks the Bill of Rights, seems especially ironic. This bill was introduced by Rep. Paul and Rep. Bartlett (of Maryland). See also H.R. 3920.
hr3313.txt
Title: Marriage Protection Act of 2004
Purpose: To amend title 28, United States Code, to limit Federal
court jurisdiction over questions under the Defense of Marriage Act.
Passed by the House; referred to the Senate
hr2677.txt
Title: State Regulation of Marriage Is Appropriate Act
Purpose: To amend title 1, United States Code, to eliminate any
Federal policy on the definition of marriage.
hr4773.txt
Title: <untitled>
Purpose: To define marriage for all legal purposes in the District
of Columbia to consist of the union of one man and one woman.
hr4892.txt
Title: <untitled>
Purpose: To establish that marriage in the United States consists
only of the union of a man and a woman.
hr4980.txt
Title: <untitled>
Purpose: To direct the Secretary of the Interior to arrange for the
carving of the figure of former President Ronald Reagan on Mount Rushmore
National Memorial, and for other purposes.
hr3633.txt
Title: Ronald Reagan Dime Act
Purpose: To provide for dime coins to bear the likeness of
President Ronald Reagan, the Freedom President, in honor of his work
in restoring American greatness and bringing freedom to captive nations
around the world.
hr4525.txt
Title: Ronald Wilson Reagan Half Dollar Act
Purpose: To require the Secretary of the Treasury to redesign the half
dollar coin to commemorate Ronald Wilson Reagan, and for other purposes.
hr4528.txt
Title: President Ronald Reagan $10 Bill Act
Purpose: To require the Secretary of the Treasury to redesign the face
of $10 Federal reserve notes so as to include a likeness of President Ronald
Wilson Reagan, and for other purposes.
hr4563.txt
Title: President Ronald Reagan $20 Bill Act
Purpose: To require the Secretary of the Treasury to redesign the face
of $20 Federal reserve notes so as to include a likeness of President Ronald
Wilson Reagan, and for other purposes.
hr4669.txt
Title: Ronald Reagan Commemorative Coin Act of 2004
Purpose: To require the Secretary of the Treasury to mint coins in
commemoration of Ronald Wilson Reagan, the 40th President of the United
States.
s2517.txt
Title: Ronald Reagan Commemorative Coin Act of 2004
Purpose: To require the Secretary of the Treasury to mint coins in
commemoration of Ronald Wilson Reagan, the 40th President of the United
States.
hr4729.txt
Title: <untitled>
Purpose: To amend the Internal Revenue Code of 1986 to rename the
earned income credit as the Ronald Reagan earned income credit.
hr3923.txt
Title: <untitled>
Purpose: To designate the Federal building located at 228 Walnut Street,
in Harrisburg, Pennsylvania, as the "Ronald Reagan Federal Building".
s2043.txt
Title: <untitled>
Purpose: To designate a Federal building in Harrisburg, Pennsylvania,
as the "Ronald Reagan Federal Building".
Passed into law.
s867.txt
Title: <untitled>
Purpose: To designate the facility of the United States Postal
Service located at 710 Wicks Lane in Billings, Montana, as the "Ronald
Reagan Post Office Building".
Passed into law.
hr3717.txt
Title: Broadcast Decency Enforcement Act of 2004
Purpose: To increase the penalties for violations by television and radio
broadcasters of the prohibitions against transmission of obscene, indecent, and
profane language.
Passed by the House; referred to the Senate
s2147.txt
Title: Broadcast Decency Responsibility and Enforcement
Act of 2004
Purpose: To increase the penalties for violations by television and
radio broadcasters of the prohibitions against transmission of obscene,
indecent, and profane language.
hr3878.txt
Title: Commission on American Jobs Act
Purpose: To establish the Commission on American Jobs.
This would set up a commission to report to the government the number of
jobs sent overseas. The commission would report once a year. That's all this
would do.
hr3888.txt
Title: <untitled>
Purpose: To prohibit business enterprises that lay-off a greater
percentage of their United States workers than workers in other countries from
receiving any Federal assistance, and for other purposes.
This bill prohibits, "a grant, loan, or loan guarantee," to businesses that
send their jobs overseas, but it doesn't prohibit the awarding of
government contracts to such businesses. This bill lists 52 sponsors compared
to 1 for H.R. 3911.
hr3911.txt
Title: <untitled>
Purpose: To make certain companies that have outsourced jobs during the
previous five years ineligible for the receipt of Federal grants, Federal
contracts, Federal loan guarantees, and other Federal funding, and for other
purposes.
This does more than H.R. 3888, but
was introduced by Rep. Waters alone. H.R. 3888 lists 52 sponsors.
See also S. 2148.
s2148.txt
Title: U.S.A. Jobs Protection Act of 2004
Purpose: To protect American workers from competition of foreign
workforces for performance of Federal and State contracts.
Like H.R. 3911 this has one sponsor,
Sen. Coleman.
hr3870.txt
Title: Prescription Drug Abuse Elimination Act of 2004
Purpose: To amend the Public Health Service Act, the Federal Food, Drug,
and Cosmetic Act, and the Controlled Substances Import and Export Act to
provide grants to States to establish prescription drug monitoring
programs, to impose requirements respecting Internet pharmacies, to
require manufacturers to implement chain-of-custody procedures, to
restrict an exemption respecting the importation of controlled
substances for personal use, and for other purposes.
The intent of this bill is to keep a record available to law
enforcement agencies of all dispensing of prescription drugs. The implication
is that physicians are supplying drug addicts with their "fixes."
hr3865.txt
Title: Prescription Drug Safety and Affordability Act of 2004
Purpose: To amend the Internal Revenue Code of 1986 to deny any deduction
for certain gifts and benefits provided to physicians by prescription drug
manufacturers.
Note that this punishes prescription drug manufacturers who give
gifts to physicians. Why not go one step further and outlaw such gift-giving?
hr3872.txt
Title: Consumer Access to Information Act of 2004
Purpose: To prohibit the misappropriation of databases while ensuring
consumer access to factual information.
This would allow me to own facts. The sponsors of this bill would
probably deny that, but you can read the actual bill and decide for yourself.
s2145.txt
Title: Software Principles Yielding Better Levels of Consumer
Knowledge Act
Purpose: To regulate the unauthorized installation of computer software,
to require clear disclosure to computer users of certain computer software
features that may pose a threat to user privacy, and for other purposes.
This requires disclosure to users of "protected" computers, where
"protected" is defined in 18 US Code 1030 as a
computer used by the United States government, a financial institution, or an
entity engaged in international or interstate commerce. There's no help here
for you or me.
hr5150.txt
Title: National Intelligence Reform Act of 2004
Purpose: To reform the intelligence community and the intelligence and
intelligence-related activities of the United States Government, and for other
purposes.
This is the House bill which will, presumably, put into law the
recommendations of the 9/11 Commission. See S. 2845.
s2845.txt
Title: National Intelligence Reform Act of 2004
Purpose: To reform the intelligence community and the intelligence and
intelligence-related activities of the United States Government, and for other
purposes.
This is the Senate bill which will, presumably, put into law the
recommendations of the 9/11 Commission. See H.R. 5150.
hr3847.txt
Title: End Racial Profiling Act of 2004
Purpose: To prohibit racial profiling.
The language of this bill doesn't address the issue, but this seems
applicable to racial profiling in security checks conducted as part
of the "war" on terrorism.
hr3853.txt
Title: Common Sense Spending Act of 2004
Purpose: To amend the Balanced Budget and Emergency Deficit Control Act
of 1985 to extend the discretionary spending limits through fiscal year 2009,
to extend paygo for direct spending, and for other purposes.
The following is quoted from the bill. Note what the spending is
required to be for, and note also the phrase "not less than" repeated again
and again.
...with respect to fiscal year 2005, for the discretionary category: $816,404,000,000 in total new budget authority of which not less than $420,676,000,000 shall be for the defense category and of which not less than $28,144,000,000 shall be for homeland security activities outside of the defense category and $912,992,000,000 in total outlays of which not less than $448,197,000,000 shall be for the defense category and of which not less than $28,738,000,000 in total outlays shall be for the homeland security category outside of the defense category...
Note the title of this bill.
hr3856.txt
Title: Redistricting Integrity Act
Purpose: To limit the congressional redistricting that States may do
after an apportionment.
This should be of special interest to Coloradans. In Colorado, the
Republican Party has, between censuses, with no apology or excuse,
redrawn the US Congressional districts to benefit themselves.
hr3871.txt
Title: United States-Israel Homeland Security Foundation Act
Purpose: To establish the United States-Israel Homeland Security
Foundation to make grants to joint business ventures between United States
and Israeli private corporate entities to develop products and services
with applications related to homeland security, and for other purposes.
On September 12, 2001, I said to my family, "I don't want to live
like an Israeli." Evidently our Representatives don't feel that way.
s2165.txt
Title: <untitled>
Purpose: To specify the end strength for active duty personnel of
the Army as of September 30, 2005.
"Notwithstanding any other provision of law, the authorized strength
for active duty personnel of the Army as of September 30, 2005, shall
be 512,400."
Where's the revision to the Selective Service Act?
