FEMA Relocation Assistance

October 15th, 2007 by Loki

Time for our resident engineer to share some news with us again. Ladies and gentlemen, humidcity is proud to once more present the epistles of Matt McBride:

Dear New Orleanians,

This afternoon, FEMA posted the press release announcing the changes in the Relocation Assistance program. You can find it here:

http://www.fema.gov/news/newsrelease.fema?id=41323

This is the program that pays up to $4000 for moves and other relocation expenses for Katrina and Rita victims who have been displaced.

When the program was first announced on August 27th, FEMA only paid for moves between February 1, 2006 and Feb. 29, 2008. The reason for this was purely bureaucratic.

After a nearly instant outcry from many individuals that FEMA was penalizing early returners, the process for revising the program guidance began. Now, the opening dates have been moved back to the dates of the storms (8/29/05 for Katrina and 9/24/05 for Rita). This means that anyone who moved back after the storms may now be eligible.

The new press release does not make mention of the fact that this is a revision of the program, probably to prevent bringing up their error. That’s okay. What’s important is they made the program fair to all.

Also not mentioned in the release are the following points:

1) Acceptance of the relocation assistance means the ending of rental assistance. I suppose this could be controversial.
2) On the hotel room reimbursements (they pay for hotel rooms during a move), if the household has more than four persons or the hotel has occupancy restrictions, they will pay for additional rooms. Also, for each additional 400 miles travelled, they will pay for another night of hotel stays.
3) It’s not clear exactly what they are referring to when they say they will reimburse for “mileage,” in addition to gas & taxes.
4) They mention the cap on Individual & Households Program assistance, but do not provide the amount. It is $26,200.

As of today, the (800) 621-FEMA hotline now has a recorded message about this program. The recording mostly covers the stuff in the press release. As always, you should call the 800 number to register for the program and to get all the official information. Ask to be transferred to a Relocation Assistance specialist. FEMA has specifically trained personnel to process this paperwork and answer aid recipients’ questions.

Matt

ADDENDUM (2 hours later):

FEMA just placed another webpage about the Relocation Assistance program up:

http://www.fema.gov/news/newsrelease.fema?id=41326

They refer to this one as a Fact Sheet. It rejiggers the information in the earlier press release to make it more readable.

Matt

Jena Six

September 22nd, 2007 by Loki

Interesting development: David Bowie just donated 10K to the jena Six defence fund:

Bowie said Jena’s judicial process was “unequal”.

“A donation to the Jena 6 Legal Defence Fund is my small gesture indicating my belief that a wrongful charge and sentence should be prevented,” said the 60-year-old in a statement published on his website.

-Loki, who is now leaving on a much deserved vacation from NOLA, soon to return with more vim and vigor. In the meantime I leave you at the mercy of our other contributors.

FEMA: Reprise

September 1st, 2007 by Loki

Dear New Orleanians:

This past Monday, FEMA announced a new program for those displaced by hurricanes Katrina & Rita. It is meant to provide reimbursement for relocation expenses incurred by any disaster victims. But there is a serious problem.

First, here’s the press release on the program.

and here’s the Times-Picayune’s article about it.

What the new program does is provide up to $4000 for expenses incurred in moving back to your home or somewhere else after the storms. According to the press release, here’s what’s covered:

“Relocation Assistance will be limited to travel costs including airfare, train, bus and/or a rental vehicle. Furniture transportation expenses also are eligible, including commercially rented equipment for hauling and commercially purchased moving materials or moving services. Mileage, gas and other travel-related expenses such as food, incurred while using a privately owned vehicle are not eligible costs. Moving costs for recreational or large luxury items such as boats or recreational vehicles are not eligible expenses under this program either.”

But here’s the rub: you must have incurred the costs after February 1, 2006. So if you moved back to the city before then (like I did, on January 27, 2006), or perhaps you settled somewhere else before then, you are out of luck.

This ignores the reality of what was going on then. We were being strongly encouraged to come back as soon as possible and help rebuild. Others had already made the decision to stay somewhere, and incurred expenses doing so. The folks that came back (or permanently settled elsewhere) before February 1st are being unfairly penalized for making a decision that is not in line with FEMA’s arbitrary timing.

So, you may ask, why was the arbitrary date of February 1, 2006 chosen? For purely bureacratic reasons.

Right after Katrina, FEMA had a program called the Facilitated Relocation Program. From what little I can find about it now, it’s the program that paid for one-way airplane, bus, and train tickets for evacuees to come back to the disaster zone. It didn’t pay for moving expenses or rental cars, so it’s not an exact analogue. In fact, it’s very different. But (and this is the important part) it apparently officially ended on January 31, 2006. Here’s a FEMA press release on it.

Yes the press release says it was to end December 31st, but I’ve confirmed with FEMA that it actually ended a month later.)

Despite the significant differences in the two programs, FEMA views the new one as simply a continuation of the old one. It is NOT.

You cannot compare paying for a one way bus ticket to the costs incurred in renting a moving van in Houston or Atlanta (where U-Haul and Penske were charging triple and quadruple their normal rates after the storm) and hiring movers to bring back what you salvaged from your flooded home, along with what you had acquired in the first few months after the storm (some of which, such as furniture, was funded by FEMA!).

While this January 7, 2007 article in the Times-Picayune says that even 16 months after the storm, truck rental companies were charging through the nose, I can tell you that from personal experience, it was already expensive just five months after the storm. That article also talks about what finally led to the new policy. There is no discussion of the earlier bus-ticket program, because that program had nothing to do with people renting a moving truck. How FEMA can conflate the two is beyond me.

So this policy has to be changed to move the start date back to something more common sense.

I’ve already alerted the Times-Picayune to this, and they will probably be writing something about it next week. I’ve also spoken to the bureaucrats at FEMA in Washington. At first, they claimed they couldn’t tell me why February 1, 2006 had been chosen (in fact, I had to pry even to get the name of the person to whom I was talking). They claimed it was a matter of internal policy deliberation, and that I had to submit any questions in writing to a generic email box (fema-correspondence-unit@dhs.gov).

When I asked if it was because the Facilitated Relocation Program had ended on January 31, 2006, they said that was indeed the reason. I’m pretty sure I was speaking with - if not the person who crafted the policy - at least someone who knows its history.

So please let anyone you know about this, and how ridiculously unfair it is. Every individual is entitled by law to $26,200 in individual disaster assistance from FEMA. If this latest allowed allotment does not cause you to exceed that amount, I don’t see why FEMA should arbitrarily limit it with a silly date on a calendar. Hopefully we can get this policy changed to something that recognizes the enormous struggles Katrina and Rita victims went through in the immediate aftermath of the storms.

Matt Mc Bride (via email)

Rising Tide II: Guest Post by Dangerblonde

August 13th, 2007 by Loki

The second annual Rising Tide conference will be held August 24-26, 2007, at the New Orleans Yacht Club. This is a NOLA blogger-organized and supported conference featuring speakers, panels, breakout sessions, and other dialogs on the future of the city of New Orleans.

This year’s emphasis is on ground-level, grass-roots efforts. It has become clear to those of us in south Louisiana that we will have to watch the watchmen, as well as take the upper hand is setting the city back on track. To that end, there will be presentations on local politics and how to influence them, making civics sexy, sustainability, levee engineering, and media outreach.

The keynote speaker is Dave Zirin, author of Welcome to the Terrordome, published by Haymarket Press, a columnist for SLAM Magazine, a regular contributor to the Nation Magazine, and a regular op-ed writer for the Los Angeles Times. Timothy Ruppert, president of the Louisiana Section of the American Society of Civil Engineers, will give a comprehensive report on the status of our levee protection two years after the failure of the federal levees brought catastrophe to New Orleans. Matt McBride of Fix the Pumps will present via video conference. Panelists will include community activists Karen Gadbois of Squandered Heritage, Bart Everson of b.rox, and Peter Athas of Adrastos, muckraking blogger Mark Moseley of Your Right Hand Thief, New Orleans political sage Michael Duplantier and author Joshua Clark Heart Like Water

On Friday, August 24, there will be a party at Buffa’s Lounge featuring the work of New Orleans videographers, and Sunday is reserved for a hands-on service project in aid of the NOLA school system. At the Buffa’s party, we are serving cocktail party-type food, but there will be a cash bar.The weekend’s events costs $20 per person. This includes admission to the Friday night party at Buffa’s, Saturday’s events at the New Orleans Yacht Club (including morning coffee and croissants and lunch from Dunbar’s), and participation in the Sunday service project. Please register to attend using the PayPal link on the website. If you don’t use PayPal, feel free to call or e-mail me to reserve your space at the conference and, more importantly, your lunch from Dunbar’s. We have no problem with people paying at the door, we just need to know that you are coming.

There will, f  course, be liveblogging of the event, and materials available online. If you can’t come, there is also a paypal link if you'd care to donate (this is a non-profit endeavor). Feel free to contact us through the website, or ask questions by replying to this e-mail. Rising Tide’s toll-free phone number is: 866-910-2055.

Although I am sending this e-mail to over 200 people, I’m sure I’m missing some. Please forward this to anyone you think might be interested. Unless they have a blog or have expressed interest in the past, they are probably not on my e-mail list. Also, bloggers, please spread the word on your blogs!

Shut Up, Nagin, Just Shut Up

August 10th, 2007 by Loki

Mayor Nagin on the murder rate:

“Do I worry about it? Somewhat, it’s not good for us, but it also keeps the New Orleans brand out there, and it keeps people thinking about our needs and what we need to bring this community back. So, it is kind of a two-edged sword”

Branding??? Two-edged sword??? THESE ARE PEOPLE’S FUCKING LIVES YOU IDIOT!

Ambrose Bierce is constantly proven right by the modern world. God, please make it stop!

Midura Requests Jordan’s Resignation, Hell Yeah!

July 12th, 2007 by Loki

I got this from mominem, not sure of the sourcing as yet, but it made me stand up and cheer!

Dear Mr. Jordan:

I am writing to you today to respectfully request that you resign from the office of Orleans Parish District Attorney.

I have no doubts about your intentions or your dedication or your character.  By all accounts you are a fine man.  But the job of District Attorney is an admittedly difficult one with heavy responsibility and requires more than most fine men are capable of.  After the events of the last 48 hours, which have eroded the public’s confidence in your ability to carry out the responsibilities of the District Attorney, I am asking that you resign from office.  An elected official’s legitimacy and moral authority to govern is derived from the consent of the governed.  I no longer believe you have the consent and support from the public required to perform your duties adequately.

I do not know that there is any excuse for dropping charges against a quintuple murderer without a thorough exhaustion of all possibilities to prevent such a thing from happening.  Months ago you and Superintendent Riley pledged to the City Council several reforms and improvements in your lines of communication to ensure that lack of coordination between your offices would no longer lead to dropped cases against those who pose serious threats to our public safety.  It has become all too clear that you have been unable to hold up your end of this bargain.  Mr. Jordan, you must know as well as any of your fellow New Orleanians the great urgency our city feels in combating the violent crime problem.  We have lost the room for these kinds of error.  I thank you for your service and your efforts as District Attorney, yet I maintain my request on behalf of my constituents that you resign your office as soon as possible.

Sincerely,
Shelley Midura

cc:        Mayor C. Ray Nagin

New Orleans City Council

ICF: The Lawsuit

June 12th, 2007 by Loki

ICF, International, the company which won the contract from the state to implement the Road Home program is being sued in the 19th Judicial District Court in Baton Rouge. The petitioners are requesting a class action. The lawsuit, which is being handled by members of the Couhig Partners lawfirm and Rob Couhig (a former member of the firm and candidate for Mayor of New Orleans in the last Mayoral election) names Don Massey as lead plaintiff. It alleges mismanagement, negligence and misrepresentation and requests injunctive relief and damages.

According to LA NewsLink:

The petition alleges that Massey has been subjected to negligence by ICF that includes lost records, repetitive assessments, delays, and obfuscations.

It further alleges that ICF has engaged in a pattern of delay, bad faith, and conduct designed to impede, delay, and deny the delivery of grants to applicants.

We can only hope. This will be one of those cases which demonstrate whether there is justice in the system or if it is just us in the system.

EDIT: I had listed Adams and Reese as the representing lawfirm in the original version of this post. That was incorrect. Communication with Don Massey has revealed that the Couhig Partners firm is his actual legal representation, and I have amended the text to reflect this. I apologize for the prior error.

Enemy Combatant Ruling

June 12th, 2007 by Loki

“The president cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention.”
JUDGE DIANA GRIBBON MOTZ, writing for the majority in a ruling by the federal appeals court in Richmond, Va.

Now that is a refreshing breath of air. Now the question is whether it will get struck down or not.

Fascist Trends in the USA

April 26th, 2007 by Loki

You know, as I have railed on against the blatantly unAmerican way in which the people of New Orleans have been treated since the Federal Flood many have called me a radical. My well known distaste and criticism of Bush has also been consistently dismissed by many. Every once in awhile someone will approach me and say, “you know, you were right about ____” but not enough to really make a difference.

Well, ladies and gentlemen (and everybody else), this Special Report by Naomi Wolf in the UK Guardian spells out succinctly why I have been trepidatious about the the direction our society is taking. I would like to invite your comments and hope that at least some of the people who disagree with me read it as well. One of our biggest issues today is that no one listens anymore, at least not to those who disagree with them. I submit that if you do not have regular dialogue with those who differ you doom yourself to self congratulatory mental stagnation. (You know, the dialectic: Thesis, Antithesis, Synthesis)

So, without further ado I will break one of my own rules and post this report in its entirety. Why? Because this is IMPORTANT! (hat tip to GentillyGirl) Here you go:
Last autumn, there was a military coup in Thailand. The leaders of the coup took a number of steps, rather systematically, as if they had a shopping list. In a sense, they did. Within a matter of days, democracy had been closed down: the coup leaders declared martial law, sent armed soldiers into residential areas, took over radio and TV stations, issued restrictions on the press, tightened some limits on travel, and took certain activists into custody.

They were not figuring these things out as they went along. If you look at history, you can see that there is essentially a blueprint for turning an open society into a dictatorship. That blueprint has been used again and again in more and less bloody, more and less terrifying ways. But it is always effective. It is very difficult and arduous to create and sustain a democracy - but history shows that closing one down is much simpler. You simply have to be willing to take the 10 steps.

As difficult as this is to contemplate, it is clear, if you are willing to look, that each of these 10 steps has already been initiated today in the United States by the Bush administration.

Because Americans like me were born in freedom, we have a hard time even considering that it is possible for us to become as unfree - domestically - as many other nations. Because we no longer learn much about our rights or our system of government - the task of being aware of the constitution has been outsourced from citizens’ ownership to being the domain of professionals such as lawyers and professors - we scarcely recognise the checks and balances that the founders put in place, even as they are being systematically dismantled. Because we don’t learn much about European history, the setting up of a department of “homeland” security - remember who else was keen on the word “homeland” - didn’t raise the alarm bells it might have.

It is my argument that, beneath our very noses, George Bush and his administration are using time-tested tactics to close down an open society. It is time for us to be willing to think the unthinkable - as the author and political journalist Joe Conason, has put it, that it can happen here. And that we are further along than we realise.

Conason eloquently warned of the danger of American authoritarianism. I am arguing that we need also to look at the lessons of European and other kinds of fascism to understand the potential seriousness of the events we see unfolding in the US.

1. Invoke a terrifying internal and external enemy

After we were hit on September 11 2001, we were in a state of national shock. Less than six weeks later, on October 26 2001, the USA Patriot Act was passed by a Congress that had little chance to debate it; many said that they scarcely had time to read it. We were told we were now on a “war footing”; we were in a “global war” against a “global caliphate” intending to “wipe out civilisation”. There have been other times of crisis in which the US accepted limits on civil liberties, such as during the civil war, when Lincoln declared martial law, and the second world war, when thousands of Japanese-American citizens were interned. But this situation, as Bruce Fein of the American Freedom Agenda notes, is unprecedented: all our other wars had an endpoint, so the pendulum was able to swing back toward freedom; this war is defined as open-ended in time and without national boundaries in space - the globe itself is the battlefield. “This time,” Fein says, “there will be no defined end.”

Creating a terrifying threat - hydra-like, secretive, evil - is an old trick. It can, like Hitler’s invocation of a communist threat to the nation’s security, be based on actual events (one Wisconsin academic has faced calls for his dismissal because he noted, among other things, that the alleged communist arson, the Reichstag fire of February 1933, was swiftly followed in Nazi Germany by passage of the Enabling Act, which replaced constitutional law with an open-ended state of emergency). Or the terrifying threat can be based, like the National Socialist evocation of the “global conspiracy of world Jewry”, on myth.

It is not that global Islamist terrorism is not a severe danger; of course it is. I am arguing rather that the language used to convey the nature of the threat is different in a country such as Spain - which has also suffered violent terrorist attacks - than it is in America. Spanish citizens know that they face a grave security threat; what we as American citizens believe is that we are potentially threatened with the end of civilisation as we know it. Of course, this makes us more willing to accept restrictions on our freedoms.

2. Create a gulag

Once you have got everyone scared, the next step is to create a prison system outside the rule of law (as Bush put it, he wanted the American detention centre at Guantánamo Bay to be situated in legal “outer space”) - where torture takes place.

At first, the people who are sent there are seen by citizens as outsiders: troublemakers, spies, “enemies of the people” or “criminals”. Initially, citizens tend to support the secret prison system; it makes them feel safer and they do not identify with the prisoners. But soon enough, civil society leaders - opposition members, labour activists, clergy and journalists - are arrested and sent there as well.

This process took place in fascist shifts or anti-democracy crackdowns ranging from Italy and Germany in the 1920s and 1930s to the Latin American coups of the 1970s and beyond. It is standard practice for closing down an open society or crushing a pro-democracy uprising.

With its jails in Iraq and Afghanistan, and, of course, Guantánamo in Cuba, where detainees are abused, and kept indefinitely without trial and without access to the due process of the law, America certainly has its gulag now. Bush and his allies in Congress recently announced they would issue no information about the secret CIA “black site” prisons throughout the world, which are used to incarcerate people who have been seized off the street.

Gulags in history tend to metastasise, becoming ever larger and more secretive, ever more deadly and formalised. We know from first-hand accounts, photographs, videos and government documents that people, innocent and guilty, have been tortured in the US-run prisons we are aware of and those we can’t investigate adequately.

But Americans still assume this system and detainee abuses involve only scary brown people with whom they don’t generally identify. It was brave of the conservative pundit William Safire to quote the anti-Nazi pastor Martin Niemöller, who had been seized as a political prisoner: “First they came for the Jews.” Most Americans don’t understand yet that the destruction of the rule of law at Guantánamo set a dangerous precedent for them, too.

By the way, the establishment of military tribunals that deny prisoners due process tends to come early on in a fascist shift. Mussolini and Stalin set up such tribunals. On April 24 1934, the Nazis, too, set up the People’s Court, which also bypassed the judicial system: prisoners were held indefinitely, often in isolation, and tortured, without being charged with offences, and were subjected to show trials. Eventually, the Special Courts became a parallel system that put pressure on the regular courts to abandon the rule of law in favour of Nazi ideology when making decisions.

3. Develop a thug caste

When leaders who seek what I call a “fascist shift” want to close down an open society, they send paramilitary groups of scary young men out to terrorise citizens. The Blackshirts roamed the Italian countryside beating up communists; the Brownshirts staged violent rallies throughout Germany. This paramilitary force is especially important in a democracy: you need citizens to fear thug violence and so you need thugs who are free from prosecution.

The years following 9/11 have proved a bonanza for America’s security contractors, with the Bush administration outsourcing areas of work that traditionally fell to the US military. In the process, contracts worth hundreds of millions of dollars have been issued for security work by mercenaries at home and abroad. In Iraq, some of these contract operatives have been accused of involvement in torturing prisoners, harassing journalists and firing on Iraqi civilians. Under Order 17, issued to regulate contractors in Iraq by the one-time US administrator in Baghdad, Paul Bremer, these contractors are immune from prosecution

Yes, but that is in Iraq, you could argue; however, after Hurricane Katrina, the Department of Homeland Security hired and deployed hundreds of armed private security guards in New Orleans. The investigative journalist Jeremy Scahill interviewed one unnamed guard who reported having fired on unarmed civilians in the city. It was a natural disaster that underlay that episode - but the administration’s endless war on terror means ongoing scope for what are in effect privately contracted armies to take on crisis and emergency management at home in US cities.

Thugs in America? Groups of angry young Republican men, dressed in identical shirts and trousers, menaced poll workers counting the votes in Florida in 2000. If you are reading history, you can imagine that there can be a need for “public order” on the next election day. Say there are protests, or a threat, on the day of an election; history would not rule out the presence of a private security firm at a polling station “to restore public order”.

4. Set up an internal surveillance system

In Mussolini’s Italy, in Nazi Germany, in communist East Germany, in communist China - in every closed society - secret police spy on ordinary people and encourage neighbours to spy on neighbours. The Stasi needed to keep only a minority of East Germans under surveillance to convince a majority that they themselves were being watched.

In 2005 and 2006, when James Risen and Eric Lichtblau wrote in the New York Times about a secret state programme to wiretap citizens’ phones, read their emails and follow international financial transactions, it became clear to ordinary Americans that they, too, could be under state scrutiny.

In closed societies, this surveillance is cast as being about “national security”; the true function is to keep citizens docile and inhibit their activism and dissent.

5. Harass citizens’ groups

The fifth thing you do is related to step four - you infiltrate and harass citizens’ groups. It can be trivial: a church in Pasadena, whose minister preached that Jesus was in favour of peace, found itself being investigated by the Internal Revenue Service, while churches that got Republicans out to vote, which is equally illegal under US tax law, have been left alone.

Other harassment is more serious: the American Civil Liberties Union reports that thousands of ordinary American anti-war, environmental and other groups have been infiltrated by agents: a secret Pentagon database includes more than four dozen peaceful anti-war meetings, rallies or marches by American citizens in its category of 1,500 “suspicious incidents”. The equally secret Counterintelligence Field Activity (Cifa) agency of the Department of Defense has been gathering information about domestic organisations engaged in peaceful political activities: Cifa is supposed to track “potential terrorist threats” as it watches ordinary US citizen activists. A little-noticed new law has redefined activism such as animal rights protests as “terrorism”. So the definition of “terrorist” slowly expands to include the opposition.

6. Engage in arbitrary detention and release

This scares people. It is a kind of cat-and-mouse game. Nicholas D Kristof and Sheryl WuDunn, the investigative reporters who wrote China Wakes: the Struggle for the Soul of a Rising Power, describe pro-democracy activists in China, such as Wei Jingsheng, being arrested and released many times. In a closing or closed society there is a “list” of dissidents and opposition leaders: you are targeted in this way once you are on the list, and it is hard to get off the list.

In 2004, America’s Transportation Security Administration confirmed that it had a list of passengers who were targeted for security searches or worse if they tried to fly. People who have found themselves on the list? Two middle-aged women peace activists in San Francisco; liberal Senator Edward Kennedy; a member of Venezuela’s government - after Venezuela’s president had criticised Bush; and thousands of ordinary US citizens.

Professor Walter F Murphy is emeritus of Princeton University; he is one of the foremost constitutional scholars in the nation and author of the classic Constitutional Democracy. Murphy is also a decorated former marine, and he is not even especially politically liberal. But on March 1 this year, he was denied a boarding pass at Newark, “because I was on the Terrorist Watch list”.

“Have you been in any peace marches? We ban a lot of people from flying because of that,” asked the airline employee.

“I explained,” said Murphy, “that I had not so marched but had, in September 2006, given a lecture at Princeton, televised and put on the web, highly critical of George Bush for his many violations of the constitution.”

“That’ll do it,” the man said.

Anti-war marcher? Potential terrorist. Support the constitution? Potential terrorist. History shows that the categories of “enemy of the people” tend to expand ever deeper into civil life.

James Yee, a US citizen, was the Muslim chaplain at Guantánamo who was accused of mishandling classified documents. He was harassed by the US military before the charges against him were dropped. Yee has been detained and released several times. He is still of interest.

Brandon Mayfield, a US citizen and lawyer in Oregon, was mistakenly identified as a possible terrorist. His house was secretly broken into and his computer seized. Though he is innocent of the accusation against him, he is still on the list.

It is a standard practice of fascist societies that once you are on the list, you can’t get off.

7. Target key individuals

Threaten civil servants, artists and academics with job loss if they don’t toe the line. Mussolini went after the rectors of state universities who did not conform to the fascist line; so did Joseph Goebbels, who purged academics who were not pro-Nazi; so did Chile’s Augusto Pinochet; so does the Chinese communist Politburo in punishing pro-democracy students and professors.

Academe is a tinderbox of activism, so those seeking a fascist shift punish academics and students with professional loss if they do not “coordinate”, in Goebbels’ term, ideologically. Since civil servants are the sector of society most vulnerable to being fired by a given regime, they are also a group that fascists typically “coordinate” early on: the Reich Law for the Re-establishment of a Professional Civil Service was passed on April 7 1933.

Bush supporters in state legislatures in several states put pressure on regents at state universities to penalise or fire academics who have been critical of the administration. As for civil servants, the Bush administration has derailed the career of one military lawyer who spoke up for fair trials for detainees, while an administration official publicly intimidated the law firms that represent detainees pro bono by threatening to call for their major corporate clients to boycott them.

Elsewhere, a CIA contract worker who said in a closed blog that “waterboarding is torture” was stripped of the security clearance she needed in order to do her job.

Most recently, the administration purged eight US attorneys for what looks like insufficient political loyalty. When Goebbels purged the civil service in April 1933, attorneys were “coordinated” too, a step that eased the way of the increasingly brutal laws to follow.

8. Control the press

Italy in the 1920s, Germany in the 30s, East Germany in the 50s, Czechoslovakia in the 60s, the Latin American dictatorships in the 70s, China in the 80s and 90s - all dictatorships and would-be dictators target newspapers and journalists. They threaten and harass them in more open societies that they are seeking to close, and they arrest them and worse in societies that have been closed already.

The Committee to Protect Journalists says arrests of US journalists are at an all-time high: Josh Wolf (no relation), a blogger in San Francisco, has been put in jail for a year for refusing to turn over video of an anti-war demonstration; Homeland Security brought a criminal complaint against reporter Greg Palast, claiming he threatened “critical infrastructure” when he and a TV producer were filming victims of Hurricane Katrina in Louisiana. Palast had written a bestseller critical of the Bush administration.

Other reporters and writers have been punished in other ways. Joseph C Wilson accused Bush, in a New York Times op-ed, of leading the country to war on the basis of a false charge that Saddam Hussein had acquired yellowcake uranium in Niger. His wife, Valerie Plame, was outed as a CIA spy - a form of retaliation that ended her career.

Prosecution and job loss are nothing, though, compared with how the US is treating journalists seeking to cover the conflict in Iraq in an unbiased way. The Committee to Protect Journalists has documented multiple accounts of the US military in Iraq firing upon or threatening to fire upon unembedded (meaning independent) reporters and camera operators from organisations ranging from al-Jazeera to the BBC. While westerners may question the accounts by al-Jazeera, they should pay attention to the accounts of reporters such as the BBC’s Kate Adie. In some cases reporters have been wounded or killed, including ITN’s Terry Lloyd in 2003. Both CBS and the Associated Press in Iraq had staff members seized by the US military and taken to violent prisons; the news organisations were unable to see the evidence against their staffers.

Over time in closing societies, real news is supplanted by fake news and false documents. Pinochet showed Chilean citizens falsified documents to back up his claim that terrorists had been about to attack the nation. The yellowcake charge, too, was based on forged papers.

You won’t have a shutdown of news in modern America - it is not possible. But you can have, as Frank Rich and Sidney Blumenthal have pointed out, a steady stream of lies polluting the news well. What you already have is a White House directing a stream of false information that is so relentless that it is increasingly hard to sort out truth from untruth. In a fascist system, it’s not the lies that count but the muddying. When citizens can’t tell real news from fake, they give up their demands for accountability bit by bit.

9. Dissent equals treason

Cast dissent as “treason” and criticism as “espionage’. Every closing society does this, just as it elaborates laws that increasingly criminalise certain kinds of speech and expand the definition of “spy” and “traitor”. When Bill Keller, the publisher of the New York Times, ran the Lichtblau/Risen stories, Bush called the Times’ leaking of classified information “disgraceful”, while Republicans in Congress called for Keller to be charged with treason, and rightwing commentators and news outlets kept up the “treason” drumbeat. Some commentators, as Conason noted, reminded readers smugly that one penalty for violating the Espionage Act is execution.

Conason is right to note how serious a threat that attack represented. It is also important to recall that the 1938 Moscow show trial accused the editor of Izvestia, Nikolai Bukharin, of treason; Bukharin was, in fact, executed. And it is important to remind Americans that when the 1917 Espionage Act was last widely invoked, during the infamous 1919 Palmer Raids, leftist activists were arrested without warrants in sweeping roundups, kept in jail for up to five months, and “beaten, starved, suffocated, tortured and threatened with death”, according to the historian Myra MacPherson. After that, dissent was muted in America for a decade.

In Stalin’s Soviet Union, dissidents were “enemies of the people”. National Socialists called those who supported Weimar democracy “November traitors”.

And here is where the circle closes: most Americans do not realise that since September of last year - when Congress wrongly, foolishly, passed the Military Commissions Act of 2006 - the president has the power to call any US citizen an “enemy combatant”. He has the power to define what “enemy combatant” means. The president can also delegate to anyone he chooses in the executive branch the right to define “enemy combatant” any way he or she wants and then seize Americans accordingly.

Even if you or I are American citizens, even if we turn out to be completely innocent of what he has accused us of doing, he has the power to have us seized as we are changing planes at Newark tomorrow, or have us taken with a knock on the door; ship you or me to a navy brig; and keep you or me in isolation, possibly for months, while awaiting trial. (Prolonged isolation, as psychiatrists know, triggers psychosis in otherwise mentally healthy prisoners. That is why Stalin’s gulag had an isolation cell, like Guantánamo’s, in every satellite prison. Camp 6, the newest, most brutal facility at Guantánamo, is all isolation cells.)

We US citizens will get a trial eventually - for now. But legal rights activists at the Center for Constitutional Rights say that the Bush administration is trying increasingly aggressively to find ways to get around giving even US citizens fair trials. “Enemy combatant” is a status offence - it is not even something you have to have done. “We have absolutely moved over into a preventive detention model - you look like you could do something bad, you might do something bad, so we’re going to hold you,” says a spokeswoman of the CCR.

Most Americans surely do not get this yet. No wonder: it is hard to believe, even though it is true. In every closing society, at a certain point there are some high-profile arrests - usually of opposition leaders, clergy and journalists. Then everything goes quiet. After those arrests, there are still newspapers, courts, TV and radio, and the facades of a civil society. There just isn’t real dissent. There just isn’t freedom. If you look at history, just before those arrests is where we are now.

10. Suspend the rule of law

The John Warner Defense Authorization Act of 2007 gave the president new powers over the national guard. This means that in a national emergency - which the president now has enhanced powers to declare - he can send Michigan’s militia to enforce a state of emergency that he has declared in Oregon, over the objections of the state’s governor and its citizens.

Even as Americans were focused on Britney Spears’s meltdown and the question of who fathered Anna Nicole’s baby, the New York Times editorialised about this shift: “A disturbing recent phenomenon in Washington is that laws that strike to the heart of American democracy have been passed in the dead of night … Beyond actual insurrection, the president may now use military troops as a domestic police force in response to a natural disaster, a disease outbreak, terrorist attack or any ‘other condition’.”

Critics see this as a clear violation of the Posse Comitatus Act - which was meant to restrain the federal government from using the military for domestic law enforcement. The Democratic senator Patrick Leahy says the bill encourages a president to declare federal martial law. It also violates the very reason the founders set up our system of government as they did: having seen citizens bullied by a monarch’s soldiers, the founders were terrified of exactly this kind of concentration of militias’ power over American people in the hands of an oppressive executive or faction.

Of course, the United States is not vulnerable to the violent, total closing-down of the system that followed Mussolini’s march on Rome or Hitler’s roundup of political prisoners. Our democratic habits are too resilient, and our military and judiciary too independent, for any kind of scenario like that.

Rather, as other critics are noting, our experiment in democracy could be closed down by a process of erosion.

It is a mistake to think that early in a fascist shift you see the profile of barbed wire against the sky. In the early days, things look normal on the surface; peasants were celebrating harvest festivals in Calabria in 1922; people were shopping and going to the movies in Berlin in 1931. Early on, as WH Auden put it, the horror is always elsewhere - while someone is being tortured, children are skating, ships are sailing: “dogs go on with their doggy life … How everything turns away/ Quite leisurely from the disaster.”

As Americans turn away quite leisurely, keeping tuned to internet shopping and American Idol, the foundations of democracy are being fatally corroded. Something has changed profoundly that weakens us unprecedentedly: our democratic traditions, independent judiciary and free press do their work today in a context in which we are “at war” in a “long war” - a war without end, on a battlefield described as the globe, in a context that gives the president - without US citizens realising it yet - the power over US citizens of freedom or long solitary incarceration, on his say-so alone.

That means a hollowness has been expanding under the foundation of all these still- free-looking institutions - and this foundation can give way under certain kinds of pressure. To prevent such an outcome, we have to think about the “what ifs”.

What if, in a year and a half, there is another attack - say, God forbid, a dirty bomb? The executive can declare a state of emergency. History shows that any leader, of any party, will be tempted to maintain emergency powers after the crisis has passed. With the gutting of traditional checks and balances, we are no less endangered by a President Hillary than by a President Giuliani - because any executive will be tempted to enforce his or her will through edict rather than the arduous, uncertain process of democratic negotiation and compromise.

What if the publisher of a major US newspaper were charged with treason or espionage, as a rightwing effort seemed to threaten Keller with last year? What if he or she got 10 years in jail? What would the newspapers look like the next day? Judging from history, they would not cease publishing; but they would suddenly be very polite.

Right now, only a handful of patriots are trying to hold back the tide of tyranny for the rest of us - staff at the Center for Constitutional Rights, who faced death threats for representing the detainees yet persisted all the way to the Supreme Court; activists at the American Civil Liberties Union; and prominent conservatives trying to roll back the corrosive new laws, under the banner of a new group called the American Freedom Agenda. This small, disparate collection of people needs everybody’s help, including that of Europeans and others internationally who are willing to put pressure on the administration because they can see what a US unrestrained by real democracy at home can mean for the rest of the world.

We need to look at history and face the “what ifs”. For if we keep going down this road, the “end of America” could come for each of us in a different way, at a different moment; each of us might have a different moment when we feel forced to look back and think: that is how it was before - and this is the way it is now.

“The accumulation of all powers, legislative, executive, and judiciary, in the same hands … is the definition of tyranny,” wrote James Madison. We still have the choice to stop going down this road; we can stand our ground and fight for our nation, and take up the banner the founders asked us to carry.

Lawsuit: Corps of Engineers

February 26th, 2007 by Loki

As attempts continue to derail the lawsuits against the Corps I think the following info is extremely important. Please pass this along to anyone and everyone you know in the New Orleans area.

Please let everyone know that the previous forms that were filled out in reference to the Corp of Engineers lawsuit are invalid. The new forms which are (2) pages can be obtained and printed from the wwltv.com website. http://www.wwltv.com/suit1.pdf and http://www.wwltv.com/suit2.pdf These forms must be mailed in by Wednesday, February 28, 2007.

You can also download a copy of Form 95 & necessary instructions at www.leveelaw. com

If anyone is interested in signing on to the class action against the Corps, Murphy Law Firm has people in town today to do the paperwork. The deadline for filing was moved up yesterday, and the new deadline is Wednesday. If you want to find out more, call Nicole at 225 773 4206. All of the law firms involved, and there are many, are scrambling to comply with this latest effort of the corps to derail the suit.