June 20, 2006

  • Safavian, Helping Someone Arrested, Today’s Blogs, Today’s Papers, Missing Soldiers

















    Safavian Is Found Guilty in Lobbyist Trial










    Doug Mills/The New York Times
    David Safavian, in his lawyer’s office on May 19, 2006.


    June 20, 2006


    Safavian Is Found Guilty in Lobbyist Trial




    Filed at 10:30 a.m. ET


    WASHINGTON (AP) — A jury found former Bush administration official David Safavian guilty Tuesday of covering up his dealings with Republican influence-peddler Jack Abramoff.


    Safavian was convicted on four of five felony counts of lying and obstruction. He had resigned from his White House post last year as the federal government’s chief procurement officer.


    The trial consumed eight days of testimony about Safavian’s assistance to Abramoff regarding government-owned real estate and a weeklong golfing excursion the lobbyist organized to the famed St. Andrews golf course in Scotland and London. Safavian went on the trans-Atlantic trip while he was chief of staff at the General Services Administration, and other participants were Rep. Bob Ney, R-Ohio, two Ney aides and Christian Coalition founder Ralph Reed.


    The verdict came on the fifth day of jury deliberations.


    Safavian sat impassively as the judge read the verdict and showed no expression when the judge announced the guilty verdicts on each of four counts. Sentencing was scheduled for Oct. 12.


    Safavian was charged with two counts of obstructing justice during investigations into the Scotland trip by the GSA inspector general and the Senate Indian Affairs Committee. He also was charged with three counts of making false statements or concealing information from GSA ethics officials, a GSA inspector general investigator and a Senate investigator.


    The jury found Safavian guilty of obstructing the work of the GSA inspector general and of lying to a GSA ethics official. It also convicted him of lying to the GSA’s Office of Inspector General and of making a false statement to the Senate Indian Affairs Committee. He was acquitted of a charge of obstructing the committee’s investigation.


    This was the first trial to emerge from the scandal surrounding Abramoff, who is a former business partner of Safavian. Abramoff, who has pleaded guilty to federal crimes here and in Miami, would likely be a witness if the Justice Department assembles criminal cases against any members of Congress.


    The government made its case without ever putting Abramoff on the witness stand. It relied on the testimony of the officials Safavian was accused of deceiving.


    A key witness in the case was Neil Volz, a convicted partner of Abramoff’s and ex-chief of staff to Ney. Prosecutors introduced hundreds of e-mails exchanged among Safavian, Abramoff, Volz and others in 2002.


    The Justice Department made a case that Safavian provided Abramoff advice and some inside information about two government properties including the Old Post Office in downtown Washington.


    Prosecutors said Abramoff wanted to buy or lease part of the GSA’s White Oak property in the Maryland suburbs for use by a Jewish school he had established. They also said he wanted to give an Indian tribe client a leg up on obtaining the contract to redevelop the Old Post Office in as a luxury hotel, near two restaurants Abramoff owned.


    Volz testified the Abramoff team referred to Safavian as one of their ”champions” inside government, who could give them insider information they couldn’t get elsewhere. He said Safavian was the mastermind of some of the strategy for developing congressional pressure or action to sway GSA.


    Volz said they tried to keep this maneuvering secret.


    Prosecutors showed that Safavian’s advice began right after he went to work at GSA and was intensely pursued in the weeks before Safavian went on the weeklong golfing expedition to Scotland in August 2002. Abramoff had arranged the trip for members of Congress and invited Safavian to come along when one of them dropped out.


    Safavian took the stand for two days in his own defense. He acknowledged some misjudgments and forwarding Abramoff some insider information, such as the position of other government officials on the GSA properties, but attributed these errors to his inexperience.


    Basically he maintained he simply gave generally available information to an old friend who was inquiring about government property that the GSA had not even decided what to do with yet.


    He said he answered all investigators’ questions. Safavian said he didn’t volunteer information about his advice on the two properties. Safavian said he didn’t consider Abramoff was doing or seeking business with GSA because the agency wasn’t letting contracts at the time.


    Safavian claimed he thought he paid all of his costs with a $3,100 check to Abramoff on takeoff, though he acknowledged that trial testimony had shown him some elements were more expensive than he thought.


    Prosecutors said the trip of nine participants cost more than $130,000. They scoffed at the notion anyone could think $3,100 would cover his share of chartered jet travel, $400 and $500-a-night hotels, $400 rounds of golf and $100 rounds of drinks.


    GSA officials and a Senate investigator said Safavian never told them about the advice he was giving Abramoff on the two properties or details about the Scotland costs. They also said they would have wanted to hear that. The GSA officials said if they had known, they might have ruled differently on his request to go on the trip. The GSA Inspector General’s office closed an investigation of the trip without taking any action against Safavian in 2003. Safavian’s problems didn’t begin until 2004 when investigators began looking into Abramoff’s illegal conduct.




     







    How to Help a Friend Who Gets Arrested in the Middle of the Night



     



    DWI Stop

    Enlarge
    DWI Stop
    It is 2 AM and someone you love has just been arrested. You know you need legal help. You do not want your loved one to make a confession or be in a line-up or even get fingerprinted if it can be avoided. It is tough to know what to do or who to trust. Moreover, you do not know who will even answer the phone at that time of day. Here is what you need to know if this happens in the United States of America.

    Steps



    1. Find out where they are being held and by what police agency. Whether you get the call from a police officer or your loved one, make sure that this is the first thing you ask. If you can, tell your friend or family member that you are finding him a lawyer and not to answer any police questions until the lawyer arrives. Your friend MUST invoke his rights himself. If you tell the detective not to talk to your friend (or loved one) without an attorney, he’ll laugh at you. Only the arrested subject can invoke his rights.
    2. Ask what the charges are and what time the arrest was made. Do not let your loved one tell you what happened. The call is not privileged and it can, and probably will be, recorded by police for later use against your loved one. They should just tell you the actual charge. If they cannot tell you without explanation, tell them that it doesn’t matter, and continue to step three below. If the arrested is an adult, the police are not required to tell a friend or family member anything.
    3. Tell your loved one not to make any statement or take any test and tell them you are getting a lawyer and not to do or say anything until they hear from that lawyer. (In some states, you have a very limited time or no right at all to contact a lawyer regarding alcohol testing. Also, in many states, refusal to take an alcohol test is treated as an admission of guilt and carries the same penalty as a test failure. If you don’t know, ask the officer.)Only the arrested subject can invoke his rights; you can not do it for them.
    4. Select a criminal defense attorney. See the related wikiHow’s below for steps to take in finding one. Keep calling lawyers until you find one that either answers their phone or has an answering service that can reach them anytime, day or night.
    5. Tell the lawyer that your friend is arrested and give as much information as you can. Ask that they immediately call the stationhouse and stop your friend from being questioned. Many lawyers will do this for free, but expect to pay at least $150-350 for that call.
    6. Gather as much money as you can to both pay the lawyer in court and to post bail. It is more important to get a good lawyer into the case early than to immediately get your friend out of jail.




    Tips



    • Always keep about $500-$1000 available without having to go to the bank. Most minor crimes and traffic violations can be bailed out from the stationhouse through the use of a desk appearance ticket or a desk sergent’s bail.
    • Do not feel obligated to stay with the lawyer who helps you the first night. Selecting a lawyer for a case long-term should be done with the accused person’s participation. Tell the lawyer you found that you are using him for the purpose of securing your loved ones rights only for the night in question. Do not sign a long term retainer.
    • Any legal fee for standing in at arraignment should either be a flat fee or should be hourly. Again, most criminal defense attorneys will charge between $150-$350 per hour. It will cost more in many big cities or urban areas. For example, many well known NY lawyers charge upwards of $600 per hour.
    • At the arraignment (the formal reading of criminal charges, and entering your plea) you do not have to use the lawyer that helped you get your loved one . A free lawyer is often available. However, it is better to have your own lawyer at arraignment if you can.
    • If you run into trouble finding out where your friend is being held and by what police agency, get ahold of a bail bondsman (see link below, how to make bail) as they are experienced at this, and can sometimes locate your friend faster than you using the same resources.




    Warnings



    • Remember the best way to help your friend with the problems associated with being arrested is to avoid the arrest in the first place. Keep your friends out of fights, drink responsibly, drive responsibly, and help your friends do so also.
    • Police do not have to “give you your rights,” and their failure to do so does not invalidate an arrest. They only have to give you your rights if they (a) arrest you and (b) ask you questions about the crime. Hence, tell your friend who is under arrest to plead the fifth.
    • An oral statement is just as bad as a written statement. It is always best to say nothing.
    • Do not worry if you cannot find an attorney to represent your friend in court without being retained. Some courts will not let a non-retained lawyer stand in at arraignment. The court must provide an attorney at an arraignment if one is requested, or give the accused time to retain someone before he is arraigned.
    • There are times when the best thing you can do for your friend or loved one is to let them deal with the consequences of their actions on their own. Spending a night in jail can be a real wakeup call for someone who is in need of a wakeup call.





     







    Today’s Blogs


    Murtha vs. Rove
    By Darren Everson
    Posted Monday, June 19, 2006, at 6:01 PM ET


    Bloggers discuss John Murtha’s targeting of Karl Rove’s “big, fat backside.” They also react to North Korea’s missile test plans and a high school that anointed 41 valedictorians.


    Murtha vs. Rove: Stepping up the recent rhetoric regarding the Iraq war, Pennsylvania Rep. John Murtha ridiculed Karl Rove on Meet the Press Sunday. Rove gave a speech last week in which the president’s senior adviser criticized Murtha’s call for a quick withdrawal and rebuked the Democrats’ “old pattern of cutting and running.” In response, Murtha said, “You can’t sit there in the air-conditioned office and tell troops carrying 70 pounds on their backs, inside these armored vessels hit with IED’s every day, seeing their friends blown up-their buddies blown up — and he says stay the course? Easy to say that from Washington, D.C.”


    In Washington, the Iraq war debate has intensified in recent days as Republicans seek to capitalize on Abu Musab al-Zarqawi’s death and Democrats, on the defensive, propose a Senate resolution seeking a timetable for a phased withdrawal.


    Murtha’s latest rant may rally some on the left”If EVER there was someone deserving to be the Speaker of the House (it’s) Jack Murtha,” writes commenter Curlew on Daily Kosbut his reasoning is giving ammunition to others.


    “I don’t seem able to speak ‘Murtha,’ ” concludes Colorado blogger Jeff Goldstein at Protein Wisdom. “John Murtha has now made the transition from gutless Congressional peace activist to outright laughingstock,” writes Froggy at military blog Blackfive.


    Murtha critics are seizing on other exchanges in the Meet The Press interview, including when Tim Russert pointed out that, in 2004, Murtha cautioned against a premature withdrawal. Russert also asked where withdrawn American troops could redeploy and be close enough to aid the nascent Iraqi army. Among other places, Murtha mentioned Okinawa.


    “Okinawa?” conservative Ed Morrissey writes incredulously at Captain’s Quarters. “Okinawa is five time zones away — over 5,000 miles from Baghdad. … The question for Democrats is why they keep putting Murtha out as their defense expert when he can make statements like this with a straight face. It reveals the utter lack of military scholarship on their part when their two most hailed experts on military affairs are a man who cannot see why Okinawa might be a bad place for a staging ground for Southwest Asia, and a man who wants to turn over Iraqi sovereignty to Iran and Syria.”


    But on the Huffington Post, Rachel Sklar reviews Murtha’s performance and gives him two thumbs up: “I mean, did Murtha stick it to them or what? Boom! They have no plan. Boom! It’s lipservice from Washington. Boom! History will prove them wrong. Boom! Karl Rove has a big, fat ass. It almost makes you weep.”


    Read more about Murtha.


    Getting testy: North Korea may soon test an intercontinental ballistic missile. U.S. officials said Sunday that North Korea appears to have completed fueling a long-range missile, indicating a test might be imminent. The United States and others are urging against it, so much so that State Department officials directly contacted North Korean diplomats at the United Nations.


    Such warnings proved ineffective in 1998, when North Korea fired a missile over Japan despite the Clinton administration’s protestations. North Korea agreed to a moratorium on long-range missile testing in 1999 and has not fired one since.


    But if North Korea goes ahead with another similar testlaunching a missile over another country’s airspaceJames Robbins at the conservative National Review’s blog The Corner actually sees an opportunity: “Sounds like a great opportunity to test our missile-defense technology.” Liberal Kevin Drum, the Political Animal of Washington Monthly writes: “Hell, I could almost sign up for that. After 20 years, it’s time for the missile defense guys to put their money where their mouths are.”


    Drum also asks whether this latest North Korean crisis constitutes grounds for another pre-emptive strike. Andrew Olmsted answers: “We would doubtless prefer they not test a missile capable of striking the United States, but doing so is hardly grounds for war. And war is what we would have if we struck a target inside North Korea.”


    Read more about North Korea.


    Everyone’s a winner: Forty-one students were honored as valedictorians this year at a high school in Fairfax, Va., continuing a trend in which schools are increasingly recognizing as valedictorians every graduate who earns a 4.0 grade point average or better. Bloggers aren’t fooled.


    Law blogger Ann Althouse rails against this supposed scourge, including the phenomenon of weighted grades that contributes to it. “The title of valedictorian is a terrific prize, and it becomes meaningless if every great student wins it,” Althouse opines. “Why replicate the message that is already present in the academic records? Just give the prize to the person with the highest GPA and be done with it.” A commenter at her site has a novel idea: “I read a suggestion that high schools use the system colleges use: Everybody with a 4.0 is summa cum laude and so forth,” writes reader Jim C. “That’s better than watering down the meaning of valedictorian.”


    The very term valedictorian, writes Houston Chronicle writer John Whiteside at his personal blog, By The Bayou, “is commonly understood to mean the top student in a school. If educators really believe that the competition for that spot is a bad thing, they should just stop recognizing it altogether.”


    Read more about the valedictorian debate.

    Darren Everson is a sportswriter in New York City.


     







    Today’s Papers


    H2 Uh-0
    By Eric Umansky
    Posted Tuesday, June 20, 2006, at 3:13 AM ET


    The New York Times, Wall Street Journal‘s world-wide newsbox, and Washington Post all lead with the Supreme Court’s divided ruling that “came close to rolling back” the Clean Water Act. The Los Angeles Times leads with the White House again warning North Korea to stop toying with a long-range missile test. Japan’s prime minister also said his country “would have to respond harshly” to any test. USA Today leads with police in big cities across the U.S. saying “no, thanks” to the feds’ requests that they help I.D. illegal aliens.


    The Supreme case involved what the plaintiffs argued is the government’s too-loose definition of “wetlands,” which results in altogether too much land being protected by the Clean Water Act. Four justices agreed and voted to restrict the definition, while four justices voted to leave things be. Justice Kennedy wrote his own, fence-sitting opinion where he agreed that the protections are being applied too broadly but didn’t agree with the other justices on what to do about it. The upshot: The case was kicked back down to lower courts without much guidance.


    And what will that mean? Eh, good question:


    The WP: “JUSTICES REIN IN CLEAN WATER ACT.”


    The LAT: “DIVIDED SUPREME COURT UPHOLDS FEDERAL PROTECTIONS FOR WETLANDS.”


    It’s still not a sure thing that North Korea is now ready, willing, and able to test a big missile. One of the key issues is whether it’s actually fueled the thing. And countering yesterday’s NYT, the Post says that’s not clear. “We can’t say anything for sure,” said one “top official with access to the intelligence.”


    The NYT editorial page takes another bold stance and declares that a missile test would be “thoroughly bad for North Korea, for its region and for just about everyone else.” The editorial concludes, “We hope that North Korea’s next surprise is to respond … sensibly and cancel whatever plans it has for such a self-destructive move.” You hear that, Pyongyang? Don’t even think of crossing the Times editorial page.


    Bonus material: There’s been some chatter among experts on blogs about how little we know of North Korea’s overall missile program.


    According to late-night reports, Japan is ending its mission in Iraq and pulling its 600 troops. “We’ve finished this chapter,” Prime Minister Koizumi reportedly said.


    Only USAT fronts a well-known insurgent group, an umbrella organization, really, claiming they’ve captured the two GIs who’ve been missing in Iraq. It’s an interesting choice by the paper given that, as the NYT emphasizes, the group offered no video or other proof. (Witnesses have reported seeing the soldiers being pushed into cars.)


    The NYT alone fronts the military charging three soldiers with murdering three Iraqis. The Iraqis had been captured, but the Times says investigators have concluded the soldiers released them “before they were shot, apparently to have a pretext for killing them as they fled.”


    About 25 Iraqis were killed in assorted attacks.


    USAT fronts a feature on the spiraling insurgency in Afghanistan and the West’s less-than-full-fledged support for the country. The paper says one study concluded that aid to Afghanistan “equals $57 per person, compared with $679 in Bosnia and $206 in Iraq.”


    The NYT points out that Taliban guerrillas killed 32 members of one pro-government family over the weekend. The WP has a feature inside on how Taliban militancy is spreading in Pakistan. “Things are starting to spin out of control,” said one Western diplomat. “In some areas, it’s beginning to look like they are setting up a government within a government.”


    The LAT fronts New Orleans Mayor Nagin asking the National Guard to help patrol the city’s streets after a shooting last weekend in which five teenagers were killed. Nearly a year after Katrina, the police force is still in a bad state, short on cops, money, and according to the NYT, “low on supplies like ammunition.”


    The WP mentions that Bush attended an annual congressional GOP fundraiser where he “generally avoided the harsh language he used to describe Democrats at last year’s dinner.” The president said Democrats are “good talkers,” while Republicans are “good doers.” Using some of that non-harsh language, he said, “It’s important to have members of the United States Congress who will not wave the white flag of surrender in the war on terror.”

    Eric Umansky (www.ericumansky.com) writes “Today’s Papers” for Slate. He can be reached at todayspapers@slate.com.


     







    Missing G.I.’s Are Found Dead in Iraq










    In this undated photo released Monday, June 19, 2006, by the Menchaca family, Army Pfc. Kristian Menchaca is shown. A senior Iraqi military official announced Tuesday June 20, 2006 that the bodies of two missing soldiers, U.S. privates, Menchaca 23, of Houston, and Pfc. Thomas L. Tucker, 25, of Madras, Ore., had been found. An al-Qaida-linked group said Monday it was holding captive two soldiers who went missing last week in one of Iraq’s most dangerous regions. (AP Photo/Menchaca family via The Brownsville Herald)

    June 20, 2006


    Missing G.I.’s Are Found Dead in Iraq




    BAGHDAD, June 20 The Iraqi military said today that the bodies of two American soldiers missing since Friday were found this morning outside the town where they were captured.


    Although American military officials would not immediately confirm the report, CNN reported from Houston this morning that one of the families had been informed that the body of their son had been found dead.


    According to Reuters, an Iraqi military official, Major General Abdul Aziz Mohammed, said in Baghdad that the two bodies had marks showing that “they had been tortured in a barbaric fashion.”


    An American military spokesman, Maj. Gen. William B. Caldwell IV, said that the military’s first responsibility for reporting any news was to the families of the soldiers, who were identified by the military on Monday as Pfc. Kristian Menchaca, 23, of Houston, and Pfc. Thomas L. Tucker, 25, of Madras, Ore. He said it would be “very inconsiderate” to say more about the search for the two men.


    A third soldier, Specialist David J. Babineau, 25, of Springfield, Mass., was killed when insurgents attacked the three at a traffic checkpoint. “The search has been extremely extensive in continuing to look for our two soldiers, whose duty status and whereabouts was unknown,” General Caldwell said.


    The two soldiers disappeared Friday night in an ambush southwest of Baghdad, and the military has been searching vigorously in and around Yusufiya with a force of 8,000 American and Iraqi troops.


    Ibrahim Obeidi, a spokesman for the Iraqi ministry of defense, said that soldiers had discovered the two bodies early this morning in the village of Jarf as-Sakhr, which is on the outskirts of Yusufiya.


    On Monday, an Islamic militant group linked to Al Qaeda had said it had captured two American soldiers listed as missing, but it offered no proof, and American military officials remained skeptical.


    Regarding the search for the two soldiers who have been missing since Friday, a message posted Monday on a Web site of the Council of Holy Warriors, which says it oversees Al Qaeda in Mesopotamia and seven other militant groups, said, “Our brothers in the military wing” had seized the soldiers near Yusufiya, the town where the military began its search. “We will provide you with more details on this incident in the next few days,” the group said.


    It was not clear whether the assertion was true: the group’s posting was unusually brief and did not say precisely where the soldiers had been seized. It offered no pictures of the soldiers.


    In a separate posting, the same group said it had kidnapped four Russian Embassy employees in the upscale neighborhood of Mansour in early June. The group gave the Russian government 48 hours to withdraw from Chechnya, a rebellious Muslim republic within Russia, and to release Muslim detainees from Russian prisons.


    The Russian Foreign Ministry, in a statement on Monday, called for the release of the embassy employees.


    An American military spokeswoman said the military was investigating the claim about the soldiers, but an American official in Baghdad cautioned that the military viewed the Web statement with some skepticism. It contained only information that could have been easily gleaned from news articles on the Internet.


    Also, the official said, the council is an umbrella group and does not itself have the fighters needed to carry out an attack like the one it says led to the soldiers’ capture.


    The sweeping search continued for the soldiers, identified by the military on Monday as Pfc. Kristian Menchaca, 23, of Houston, and Pfc. Thomas L. Tucker, 25, of Madras, Ore. A third soldier, Specialist David J. Babineau, 25, of Springfield, Mass., was killed when insurgents attacked the three at a traffic checkpoint.


    Since Friday, troops had searched 12 villages, detained 34 Iraqis and conducted 12 cordon-and-search operations, the military said. Troops were supported by fighter jets and pilotless Predator drones.


    A resident in Karagol, the village that appeared to be closest to where the soldiers were taken, said the Americans had shut off all water and electricity in the town.


    The troops appear to have met some resistance. Since Friday, three Iraqis identified as insurgents have been killed, the military said, and seven Americans have been wounded.


    Another Internet posting surfaced Monday in which Ansar al-Sunna, a militant group operating in northern Iraq, said it had captured an Iraqi woman serving as a translator, Salma Gasem Hamadi, a Shiite who the group said was working for the American military in Tikrit.


    The posting included a chilling warning for translators in the area to “leave your work immediately before we get you,” according to a translation provided by the SITE Institute, a group that tracks militant Web sites.


    In Rome on Monday, three Italian prosecutors requested the indictment of an American soldier for the shooting of an Italian intelligence agent, Nicola Calipari, who was killed by gunfire at a checkpoint in Iraq last year, the Italian news agency ANSA reported.


    According to the report, the Italian prosecutors have asked that the soldier, identified as Specialist Mario Lozano, a member of the New York National Guard, stand trial for murder and attempted murder.


    On March 4, 2005, just after securing the release of an Italian journalist who had been kidnapped in Baghdad, Mr. Calipari was killed when the car carrying him and the journalist, Giuliana Sgrena, came under fire at a checkpoint.


    A spokesman for the United States Embassy in Rome said ithad not been contacted about the indictments and declined comment.


    Also on Monday, Prime Minister Nuri Kamal al-Maliki said Iraqi troops would assume full responsibility in July for security in Muthanna Province, making it the first province outside of the Kurdish north to be under full Iraqi control.


    [On Tuesday, Prime Minister Junichiro Koizumi of Japan announced said that Tokyo would withdraw its troops from Iraq, Reuters reported. About 550 Japanese soldiers have been in Samawa, part of Muthanna Province in southern Iraq, since February 2004 on a non-combat mission.]


    In all, 13 Iraqis were killed and 36 wounded Monday in violence in Baghdad and in Diyala Province to the north, Iraqi authorities said.


    Sabrina Tavernise reported for this article from Baghdad. Reporting was contributed by Richard A. Oppel Jr., Mona Mahmoud and Omar al-Neami from Baghdad, Peter Kiefer from Rome and John O’Neil and Christine Hauser from New York.



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