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CONTENTS SEPTEMBER 30, 2000

Click. BENEATH THE SAFFRON ROBES. QUIG EXPLAINS IT ALL TO YOU! 

Click. WHAT LANGUAGE WILL THE INTERNET SPEAK?

Click. Swiss Crown witness comments on Giaka-testimony

Click.  DIESEL THERAPY AND LES COLEMAN.

Click.  FEDS SUE HARVARD OVER RUSSIA PLAN.  

Click. THE DEATH SQUAD PROTECTION

Click. Drug makers may be manipulating prices at the expense of Medicare patients.


Feds Sue Harvard Over Russia  Plan

                  By Martin Finucane, Associated Press Writer
                  Tuesday, Sept. 26, 2000; 5:46 p.m. EDT
http://www.washingtonpost.com/wp-srv/aponline/20000926/aponline174609_000.htm

                  BOSTON -- The federal government sued Harvard University and four
                  associates for $120 million on Tuesday, claiming that Harvard staffers
                  benefited personally from a U.S.-backed program to help post-Cold War
                  Russia make the transition to capitalism.

                  Harvard economics professor Andrei Shleifer and former Harvard legal
                  expert Jonathan Hay "abused their positions as high-level and trusted
                  advisers to and on behalf of the United States in Russia," according to the
                  suit. 

                  The government said the two men played major roles in the Harvard
                  Institute for International Development in Russia, which received $40
                  million in federal funds to advise Russia on privatization, capital markets
                  and legal reform after the fall of the Soviet Union in 1991.

                  Harvard closed the institute in January.

                  The Justice Department said Hay and Shleifer, along with Shleifer's wife
                  and a woman now married to Hay, made investments and business deals
                  in Russia that were in conflict with their duties.

                  Among other things, the lawsuit charges that Shleifer and his wife invested
                  $200,000 in Russian companies and $60,000 in Russian government
                  bonds. 

                  "What the United States of America was bargaining was transparency, a
                  conflict-free, bias-free set of advisers," U.S. Attorney Donald K. Stern
                  said. "That's what the bargain was and they failed to produce it."

                  The suit seeks $120 million in damages under the False Claims Act, which
                  allows plaintiffs to seek triple damages.

                  Through their lawyers, the four defendants denied any improprieties.

                  "We are confident that, as the civil case unfolds, the court will confirm that
                  the Harvard program significantly fostered Russian reform and that the
                  government received its money's worth," said David Zornow, Hay's
                  lawyer.

                  Anne Taylor, Harvard vice president and general counsel, said the
                  university upheld its end of the deal. 

                               © Copyright 2000 The Associated Press

FOR MORE BACKGROUND RE: THIS MATTER, SEE CASE STUDY NO. 3 AT:

                              


The National Security Archive Electronic Briefing Book No. 34

The "Death Squad Protection" Act: Senate Measure Would Restrict Public Access to Crucial Human Rights
Information Under the Freedom of Information Act

Analysis by Thomas S. Blanton, Michael L. Evans and Kate Martin
July 17, 2000
---------------
Read Tom Blanton's Op-Ed,
"Seeking Secrecy Where There Was Sunshine"
The Washington Post, Wednesday, July 19, 2000
Released Documents that would be Withheld under Proposed Legislation
Analysis of Proposed Legislation
Proposed Exemption
DIA vs. The Facts: Analysis of the DIA's Statement on the Proposed
Legislation
More on the Defense HUMINT Service
CIA Information Act of 1984
American Library Association Opposes DIA Exemption

On July 13, 2000 the Senate passed a measure in the FY 2001 Defense Authorization Act that ­ if approved by the full Congress ­ would severely undercut the public's ability to obtain critical human rights information gathered by U.S. defense attachés (DATT) and other U.S. military representatives abroad. The provision would exempt from release under the Freedom of Information Act (FOIA) the "operational files" of the Defense Intelligence Agency (DIA). This would include most of the documents produced by the Defense HUMINT Service ­ files that have been declassified routinely in the past and which in many cases contain crucial information about human rights violations committed by foreign military and intelligence units and other important information about political and military developments around the world.

The DIA and the military services maintain a large number of military attachés and a much smaller network of clandestine case officers to satisfy foreign intelligence requirements. The Defense HUMINT Service became operational October 1, 1995, to consolidate the human intelligence (HUMINT) capabilities of the DIA, Army, Navy, and Air Force.

The proposed section extends to the DIA the language of the CIA Information Act of 1984, which exempted certain files in the CIA's directorate of operations from the Freedom of Information Act on the basis of an extensive public record, multiple hearings, and specificity as to exactly which files would be covered. Unlike the CIA Act, however, there were no public hearings on the proposed DIA exemption, no debate, no
testimony, and no public record other than a misleading five-paragraph "background paper" from the DIA. And while the CIA had argued in 1984 that the operational exemption would actually produce a net increase in released material, it is clear that the application of such an exemption to the DIA would drastically reduce the number of documents currently being released. 

Released Documents that would be Withheld under the Proposed Legislation
Excerpt of a February 1976 report from the U.S. defense (DATT) and Air Force
(AIRA) attachés in Santiago, Chile.

HUMINT Reports on Human Rights Abuses in Chile and Guatemala HUMINT Reports on other Political and Military Issues The State Department's Electronic Reading Room    If passed by the full Congress the legislation would effectively shield the activities of foreign death squads, torturers and kidnappers from public scrutiny and would greatly undermine the efforts of official truth commissions ­ many of which
have been aided by the declassification of such records ­ to clarify responsibility for human rights violations. Below are examples of the kinds of military HUMINT reports that would be exempt from release if the Senate language is included in the final bill. The first eleven documents ­ released through FOIA and special declassification projects ­ contain important information on human rights abuses committed by Chilean and Guatemalan security forces. The next set of documents cover a range of
political and military matters and are included to illustrate the broad range of topics covered by defense intelligence operational reports. These records are just a small sample of the hundreds of DIA HUMINT reports that the Archive has obtained. There are also many more of these kinds of DIA documents available at the State Department's Electronic Reading Room, including dozens of additional reports about human rights violations in Chile and Guatemala.

HUMINT Reports on Human Rights Abuses in Chile and Guatemala U.S. Defense Attaché, Santiago, "DINA, Its Operations and Power," February 6, 1974.

The reporting officer ("R.O.") relates a conversation he had with an undisclosed source about a pending legal matter in Chile shortly after the military coup led by Gen. Augusto Pinochet. Referring to a matter unrelated to intelligence, the source tells the officer that it can be accomplished as long as the Chilean National Intelligence Directorate (DINA) approves. The source explains that there are three sources of power in Chile: "Pinochet, God, and DINA." U.S. Defense Attaché, Santiago, to DIA, "Activity at Suspected Chilean Air Force Interrogation Building," February 2, 1976.

The U.S. Defense and Air Force attachés provide an eyewitness account of the
beating of detainees outside a suspected Chilean Air Force interrogation building in Santiago. The officers report that guards "armed with police type billy clubs" repeatedly struck prisoners "most frequently at the rear of knee joints." Another source reports that one of the prisoners, a small boy, was repeatedly struck by the guards, who also banged the head of an elderly man against the wall. U.S. Defense Attaché, Santiago, to DIA, "Disappearance of Eduardo and Julio Budnick," August 5, 1976.

A source confirms to the U.S. Air Force attaché that two Jewish businessmen, Eduardo and Julio Budnick, have been detained by the Chilean government. "Based on source's position" and on information from a separate source, the reporting officer believes that the Budnicks are being held by Chilean intelligence.

U.S. Navy Defense Attaché, Santiago, "Covert Counter- subversive Activities in Chile," November 5, 1977. [Best Copy Available]

The U.S. Defense attaché in Santiago provides information concerning recent covert intelligence operations carried out by Chilean security forces. The operations, the source reports, are intended "to deal with the threat, real or imagined, of extremist subversion." The report details the involvement of Chilean security forces in kidnappings and robberies designed to appear to be the work of leftist subversives, and in bombings directed against safe houses used by the left. A source explains that the military intelligence chiefs had determined that "the best way to deal with the safe house problem was blowing them up, if possible, with the terrorists present."
DIA, "Suspected Presence of Clandestine Cemeteries on a Military Installation," April 11, 1994. [Guatemala]

Sources tell U.S. military intelligence officials that from 1984-86, the army¹s intelligence directorate (D-2) coordinated the counterinsurgency campaign in southwest Guatemala from the southern airbase at Retalhuleu, using it as both an operations post and an interrogation center. Small buildings that were once used as interrogation cells have since been destroyed, and pits "that were once filled with water and used to hold
prisoners"  have been filled with concrete. To dispose of the prisoners after interrogation, D-2 personnel would fly them out over the ocean and push them ­ sometimes still alive ­ out of the aircraft. "In this way, the D-2 has been able to remove the majority of evidence showing that the prisoners had been tortured and killed." Officers currently stationed at Retalhuleu wishing to grow plots of vegetables have been denied permission to cultivate certain areas "because the locations . . . were burial sites that had been used by the D-2 during the mid-eighties." DIA, "The Fate of Those Captured," November 3, 1994. [Guatemala]

An informant attests that guerrillas captured by the Guatemalan military must work with military intelligence (D-2) against their former units or face summary execution. Only those with significant "propaganda value" are paraded before the media, while most all others are interrogated extensively, and then either recruited by the D-2 or killed. The source adds that this has been a long-standing practice that has not changed under
the army¹s current leadership. DIA, "The Rising Impact of the Bamaca Case on the Guatemalan Military Establishment," November 24, 1994. [Guatemala]

A source within the Guatemalan military describes the army¹s response to increasing U.S. pressure to clarify the fate of captured rebel leader Efraín Bámaca Velásquez ­ the husband of an American lawyer. The army high command, the source states, has ordered military personnel to destroy any "incriminating evidence . . . which could compromise the security or status of any member of the Guatemalan military." The destruction of documents, holding pens and interrogation facilities has already been accomplished at the Retalhuleu air base, and the army has designed a strategy to block future "United Nations investigating commissions" from entering bases to
examine army files. The author of the cable asserts that, "All written records concerning this case and probably a thousand others like it have, by now, been destroyed." DIA, "Problems with Military History," February 24, 1995. [Guatemala]

The Guatemalan army vice chief of staff has reportedly prevented an army historical commission ­ charged with writing an official history of the internal conflict ­ from gaining access to the Guatemalan army archives. In doing so, Pineda has defied orders from his immediate superiors, and is said to be working with officers from the Intelligence Directorate (D-2) "to keep embarrassing events from reaching public scrutiny." The source is concerned "that some records may Odisappear¹ as a result of BG Pineda and friends [sic] efforts."

Memorandum for Director of Operations, US Army Foreign Intelligence Activity, "Operational Summary of Intelligence Information [Excised] RE: Efraín Bamaca, Michael DeVine, and Colonel Julio Alpirez," April 17, 1995. [Guatemala]

An undisclosed source provides information on the involvement of Guatemalan Col. Julio Alpirez in the murders of U.S. citizen Michael DeVine and guerrilla commander Efraín Bámaca Velásquez, the husband of an American lawyer. Bámaca, who was captured by the army in 1989, was placed in a full body cast to prevent escape, and later executed. DeVine, an innkeeper, was picked-up by an army patrol investigating his ties to arms and narcotics trafficking. He "was tortured and murdered" by one of the soldiers who reportedly "wanted to rob him of what he carried." DIA, "HUMINT to Suffer with Loss of Military Commissioners," July 20, 1995. [Guatemala]

A source tells the reporting officer that a recent decision by the Guatemalan president to disband a nation-wide network of civilian intelligence informants will dramatically weaken the army's HUMINT capability. The military commissioners have historically "formed the backbone of the G-2's HUMINT networks," but have also been involved in
activities "which could have been labeled as illegal by current human rights standards," such as "the elimination of individuals viewed to be a threat to the government and the army." DIA, "Transition of the Military Commissioners," August 29, 1995.
[Guatemala]

Although the network of some 35,000 Guatemalan military commissioners is to be formally decommissioned [see previous document], more than 25,000 will be secretly retained as "army collaborators" and "will continue to have an invisible role within the army." This arrangement, according to the source, "allows the army total deniability if and when they are asked if the military commissioners have been totally disbanded."

HUMINT Reports on other Political and Military Issues


Below are examples of defense intelligence operational reports obtained through the Freedom of Information Act on a range of other subjects. Such information, routinely declassified in the past, would also be withheld under the proposed legislation.

Notes:

DIA, "Various Attitudes on MLA" [Military Coup in Pakistan], Ca. July 1977.

U.S. Defense Attaché, Moscow, "Sov[iet] Communist Party Member's Views on Polish Crisis," October 22, 1980.

U.S. Defense Attaché, Bucharest, "Soviet Estimates on Polish Intervention Forces," November 4, 1980.

U.S. Defense Attaché, Moscow, "Chinese View on Polish Crisis," November 18, 1980.

U.S. Defense Attaché, Bonn, "Weekend of 28-29 March Ominous for Poland," March 27, 1981.

U.S. Defense Attaché, Belgrade, "Yugoslavia/Military Intelligence Chief Comments on Poland and Kosovo," April 7, 1981.

DIA, "Nicaragua: Refugee Exodus," August 22, 1983.

Commander, U.S. Army Operations Group, "Iranian Travel Controls," May 29, 1986.

Commander, U.S. Army Operations Group, "Impact of the Stinger Missile on Soviet and Resistance Tactics in AF [Afghanistan]," Ca. 1987.

DIA, "[Pakistan's] Nuclear Industry," Ca. 1987.

DIA, [Alleged Transfer of Patriot Missile Technology from Israel to China], March 26, 1992.

DIA, "Cuban Facilities Associated with Biotechnology," March 1993.

DIA, "Biological and Chemical Defense [in Cuba]," March 1992.

DIA, "Members of the Cuban Biological Front," March 1992.

------------------------------------------------------------------------

Further Information on the Defense HUMINT Service:
For more information on the evolution and consolidation of the Defense HUMINT Service see, Richelson, Jeffrey T., "From MONARCH EAGLE to MODERN AGE: The Consolidation of U.S. Defense HUMINT," International Journal of Intelligence and Counterintelligence, Vol.10, No.2, pp. 131-164. Chart: Country and Subjects of Army HUMINT Intelligence Information Reports, FY 1992-93
Sources: Office of the Deputy Chief of Staff for Intelligence, Annual Historical Review, 1 October 1991 to 30 September 1992 (Washington, D.C.: ODCSI, 1995), pp. 4-3 and 4-18; Office of the Deputy Chief of Staff for Intelligence, Annual Historical Review, 1 October 1992 to 30 September 1993 (Washington, D.C.: ODCSI 1995), pp. 4-32 to 4-43. Table compiled by Jeffrey T. Richelson
Defense HUMINT Service Organizational Chart
Source: DIA Unclassified release.

------------------------------------------------------------------------
Proposed Legislation
S.2549
National Defense Authorization Act for Fiscal Year 2001
(passed by the Senate July 14, 2000)

SEC. 1045. PROTECTION OF OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE AGENCY.
(a) Authority.--Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following: "Sec. 426. Protection of sensitive information: operational files of the
Defense Intelligence Agency
"(a) Authority To Withhold Operational Files.--The Secretary of Defense may withhold from public disclosure operational files described in subsection
(b) to the same extent that operational files may be withheld under section 701 of the National Security Act of 1947 (50 U.S.C. 431), subject to judicial review under the same circumstances and to the same extent as is provided in subsection (f) of such section.
"(b) Decennial Review of Exempted Operational Files.--Section 702 of the National Security Act of 1947 (50 U.S.C. 432), setting forth requirements for decennial review of exemptions from public disclosure and related provisions for judicial review shall apply with respect to the exemptions from public disclosure that are in force under subsection (a), subject to the following requirements:
"(1) The Secretary of Defense shall conduct the decennial review under this subsection.
"(2) In the application of the judicial review provisions under subsection (c) of such section 702--
"(A) the references to the Central Intelligence Agency shall be deemed to refer to the Secretary of Defense; and
"(B) the reference in paragraph (1) of that subsection to the period for the first review shall be deemed to refer to the 10-year period beginning on the day after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2001. "(c) Operational Files Defined.--In this section, the term 'operational files' has the meaning given that term in section 701(b) of the National Security Act of 1947 (50 U.S.C. 431(b)), except that the references to elements of the Central Intelligence Agency do not apply.''.
(d) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by adding at the end the following: "426. Protection of sensitive information: operational files of the Defense Intelligence Agency.''.

------------------------------------------------------------------------
The CIA Information Act of 1984
Full text as amended to the National Security Act of 1947 [50 U.S.C., Title VII]
Sec. 701. Exemption of certain operational files from search, review, publication, or disclosure
(a) Exemption by Director of Central Intelligence
Operational files of the Central Intelligence Agency may be exempted by the Director of Central Intelligence from the provisions of section 552 of title 5 (Freedom of Information Act) which require publication or disclosure, or search or review in connection therewith.
(b) ''Operational files'' defined
For the purposes of this title the term ''operational files'' means -
(1) files of the Directorate of Operations which document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services;
(2) files of the Directorate for Science and Technology which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems; and
(3) files of the Office of Personnel Security which document investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources; except that files which are the sole repository of disseminated intelligence are not operational files. (c) Search and review for information Notwithstanding subsection (a) of this section, exempted operational files shall continue to be subject to search and review for information concerning -
(1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of section 552 of title 5 (Freedom of Information Act) or section 552a of title 5 (Privacy Act of 1974);
(2) any special activity the existence of which is not exempt from
disclosure under the provisions of section 552 of title 5 (Freedom of Information Act); or
(3) the specific subject matter of an investigation by the intelligence committees of the Congress, the Intelligence Oversight Board, the Department of Justice, the Office of General Counsel of the Central Intelligence Agency, the Office of Inspector General of the Central Intelligence Agency, or the Office of the Director of Central Intelligence for any impropriety, or violation of law, Executive order, or Presidential directive, in the
conduct of an intelligence activity. (d) Information derived or disseminated from exempted operational files
(1) Files that are not exempted under subsection (a) of this section which contain information derived or disseminated from exempted operational files shall be subject to search and review.
(2) The inclusion of information from exempted operational files in files that are not exempted under subsection (a) of this section shall not affect the exemption under subsection (a) of this section of the originating operational files from search, review, publication, or disclosure.
(3) Records from exempted operational files which have been disseminated to and referenced in files that are not exempted under subsection (a) of this section and which have been returned to exempted operational files for sole retention shall be subject to search and review.
(e) Supersedure of prior law
The provisions of subsection (a) of this section shall not be superseded except by a provision of law which is enacted after October 15, 1984, and which specifically cites and repeals or modifies its provisions. (f) Allegation; improper withholding of records; judicial review Whenever any person who has requested agency records under section 552 of title 5 (Freedom of Information Act), alleges that the Central Intelligence
Agency has improperly withheld records because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth in section 552(a)(4)(B) of title 5, except that -
(1) in any case in which information specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign relations which is filed with, or produced for, the court by the Central Intelligence Agency, such information shall be examined ex parte, in camera by the court;
(2) the court shall, to the fullest extent practicable, determine issues of fact based on sworn written submissions of the parties;
(3) when a complaint alleges that requested records were improperly withheld because of improper placement solely in exempted operational files, the complainant shall support such allegation with a sworn written submission, based upon personal knowledge or otherwise admissible evidence;
(4) (A) when a complainant alleges that requested records were improperly withheld because of improper exemption of operational files, the Central Intelligence Agency shall meet its burden under section 552(a)(4)(B) of title 5 by demonstrating to the court by sworn written submission that exempted operational files likely to contain
responsive records currently perform the functions set forth in subsection (b) of this section; and
(B) the court may not order the Central Intelligence Agency to review the content of any exempted operational file or files in order to make the demonstration required under subparagraph (A) of this paragraph, unless the complainant disputes the Central Intelligence Agency's showing with a sworn written submission based on personal knowledge or otherwise admissible evidence;
(5) in proceedings under paragraphs (3) and (4) of this subsection, the parties shall not obtain discovery pursuant to rules 26 through 36 of the Federal Rules of Civil Procedure, except that requests for admission may be made pursuant to rules 26 and 36;
(6) if the court finds under this subsection that the Central Intelligence Agency has improperly withheld requested records because of failure to comply with any provision of this section, the court shall order the Central Intelligence Agency to search and review the appropriate exempted operational file or files for the requested records and make such records, or portions thereof, available in accordance with the provisions of section 552 of title 5 (Freedom of Information Act), and such order shall be the exclusive remedy for failure to comply with this section; and
(7) if at any time following the filing of a complaint pursuant to this subsection the Central Intelligence Agency agrees to search the appropriate exempted operational file or files for the requested records, the court shall dismiss the claim based upon such complaint.

Sec. 702. Decennial review of exempted operational files
(a) Review by Director of Central Intelligence
Not less than once every ten years, the Director of Central Intelligence shall review the exemptions in force under subsection (a) of section 431 of this title to determine whether such exemptions may be removed from any category of exempted files or any portion thereof.
(b) Consideration; historical value; public interest
The review required by subsection (a) of this section shall include consideration of the historical value or other public interest in the subject matter of the particular category of files or portions thereof and the potential for declassifying a significant part of the information contained therein.
(c) Judicial review
A complainant who alleges that the Central Intelligence Agency has improperly withheld records because of failure to comply with this section may seek judicial review in the district court of the United States of the district in which any of the parties reside, or in the District of Columbia. In such a proceeding, the court's review shall be limited to determining
(1) whether the Central Intelligence Agency has conducted the review required by subsection (a) of this section within ten years of enactment of this title or within ten years after the last review, and
(2) whether the Central Intelligence Agency, in fact, considered the criteria set forth in
subsection (b) of this section in conducting the required review.
  


U.S. probe details drug pricing, promotion

WASHINGTON (Reuters) - Documents made public Wednesday detail ``reprehensible'' ways that some drug makers may be manipulating prices at the expense of Medicare patients, a top Republican lawmaker said.

Virginia Republican Tom Bliley said an investigation by the House Commerce Committee, which he chairs, ``strongly suggested'' drug makers inflated prices in order to boost Medicare reimbursements to doctors.

Doctors may be more likely to choose drugs with higher reimbursement rates because physicians buy the drugs for less than they cost, meaning they can pocket the difference between what they paid and what Medicare reimburses. The strategy could increase market share for the drug makers.

Such practices ``are reprehensible and can never be tolerated. Unfortunately, evidence of precisely these types of practices has been uncovered,'' Bliley said in a strongly worded letter to the head of the drug industry's lobbying group.

Another stern letter went to the agency that oversees Medicare, charging regulators with failing to stop long-known abuses.

Medicare, the federal health insurance for the elderly and disabled, does not cover the vast majority of prescription drugs, an issue now the subject of political debate. But Medicare does pay for some medicines, mostly ones that doctors administer in their offices.

By law, the program pays physicians 95 percent of ``average wholesale prices.'' Government investigators discovered years ago that the prices were inflated. The companies charge the doctors less, allowing them to make a profit when Medicare pays them back at a higher rate.

The documents released by congressional investigators showed that drug companies compared potential profits from their products to competitors, and some were concerned that new therapies would not sell if doctors made less money on them.

For example, Glaxo Wellcome Plc noted that providers could make $84.59 in profit each time they administered the company's anti-nausea drug Zofran. Glaxo estimated that profit was $12.32 more than the profit from a competing drug by SmithKline Beecham. For a practice that administered more than 165,000 Zofran doses, additional profits could top $2 million, the documents said.

Glaxo spokesman Rick Sluder said all of the company's marketing practices were ``fully within the law'' and that sales representatives focus on safety and efficacy and not price. Representatives can provide information about reimbursement if asked, he said.

Bliley said the Glaxo case and other examples mean Medicare patients, who pay a 20 percent co-payment for covered drugs, ''have paid billions of dollars in inflated drug prices.''

In addition, incentives may be ``harming the integrity of certain medical judgements,'' Bliley said, by enticing doctors to choose the drug with the highest profit potential regardless of whether it is the most appropriate therapy.

Dr. Robert Berenson of the Health Care Financing Administration, the agency that oversees Medicare, said officials have ``worked consistently to reduce the excessive prices that the law requires Medicare to pay.''

``The steps we have taken will help protect access to care for beneficiaries while reducing excessive drug charges,'' Berenson said.

But Rep. Bliley said the agency's proposals to fix the problem were ``deeply flawed'' and he questioned whether officials could run an expanded program to cover more prescription drugs, as politicians have proposed.

``Absent significant reforms, such proposals can only result in the exponential growth of this type of abuse,'' Bliley wrote.
 REUTERS


Swiss Crown witness comments on Giaka-testimony

30/09/2000 Aoude Media As the Libyan Crown witness Giaka ended his testimony and withering cross-examination earlier this week, another Crown witness recalled his own hot time in the witness bench. Swiss electronics manufacturer Edwin Bollier watched closely this weeks cross examination, recalling how he himself was grilled in court in June by the two defense team members Taylor and Keen. He then published this following press release:

"THE TRIAL OF THE CENTURY -
OR THE CONTINUATION OF THE SOAP OPERA AT CAMP ZEIST"

"All the years since Abdul Majed Giaka entered the CIA-Kindergarten-program - (where he was then obviously being taught to manifacture evidence-stories that would fit into script-activities of the CIA, DI, FBI...) - we were promised airtight testimony by this "supergrass" doublespy, that would unquestionably identify the two Libyan suspects as the true perpetrators behind the entire Lockerbie-tragedy.

With a true "Millenium-Spectacle" in legal matters, law-enforcement, mega-security and a witness protection-program far exceeding the one for the most prominent head of state; -(two Atlantic trips for Giaka, accompanied by 30 US-Marshals, voice-distorter, milk-glass screen, and more...), we finally learn from all the Giaka-testimony: his entire testimony amounts to nothing more than "wishful thinking" in a last-ditch effort to not lose the comfortable CIA-protection!

The demonstrative CIA-show in the Giaka-matter, as well as i.e. the two "consulting-/-observing" US-lawyers sitting with the Camp van Zeist-judges (no one should ever forget that the US-/UN- and Scots authorities have often labeled this to be the "trial of the century"), let us wonder who is truly sitting in the trial's driver's seat!

Why are the Crown, the prosecution, the defense and the forensic teams in the Lockerbie-case so eager to spend days, weeks, months to argue over mostly hear-say evidence, rather than returning to strictly technical evidence that can be seen, felt analyzed, tested, re-constructed where needed, pinpointed to the place of origin etc. in order to very possible one day soon penetrate through the now still thick fog straight to the actual perpetrators ???

Alone the clear statements by world-renowned and famous scientists that the center of the explosion could not have originated from within the container AVE PA (as alleged by the prosecution) should force the court at Kamp van Zeist to first clear such vital issues beyond any doubt, before proceeding with flimsical evidence depositions! Also the alleged MEBO MST-13 timer fragment is from a manipulated, non-functioning prototype PC-board that was never delivered to Libya! The deliberate destruction and manipulation in the case of the so prominently publicized MST-13 timer fragments alone should have been prominent reasons enough to have this technical subject thoroughly addressed by the court!

We still contend that the court simply must resort to very independent, world-renowned technical scientists-/ experts to clear all technical evidence beyond a shadow of doubt!"
(signed: Edwin Bollier, VR, MEBO Switzerland)

Background info:
Everything about MEBO, Bollier and Pan Am 103
Including copies of MEBOґs many Pan Am 103-reports


BENEATH THE SAFFRON ROBES. QUIG EXPLAINS IT ALL TO YOU!

Message: 13
   Date: Fri, 29 Sep 2000 23:35:36 -0700
   From: Brian Downing Quig <
Subject: THE MOST HEINOUS DRUG CRIME OF THE CENTURY

THE MOST HEINOUS DRUG CRIME OF THE CENTURY

Excuse me, but I have been waiting a long time for someone to ask a question
like this.

YES!! YES!! YES!!

 My entire site is about the largest heroin deal in history going bad with 9 Buddhists murdered in a temple in Phoenix in 1991, just hours from the death
of Danny Cassolaro.

Take a look at the entire site http://www.dcia.com or just see what I have published on the subject http://www.dcia.com/murders.html

Now because this is another of those things that was not televised most correspondents on this list still do not fell it is important enough to know.  Even when the sister temple in Los Angeles gets caught giving Al Gore $500,000 illegal campaign dollars lethargy prevails.

Now least anyone think this heroin in the Buddhist religious artifacts trick was unique here at the Phoenix temple, just one month before the mass murders heroin was found in statues of the Buddha as LAX.  The largest heroin incident in Canada was heroin found in Buddhist artifacts on a ROYAL AIR FORCE base outside Toronto.

Do not let the saffron robes fool you.  This apprenticeship is something like the commitment our youth make to the NATIONAL GUARD.  Everyone is taken. Two of the dead monks in Phoenix were from Chang Mai.  Still heroin was never mentioned by the Quayle owned ARIZONA REPUBLIC as a possible motive for this crime as two innocent teenagers were sent to prison for murders they did not commit.

I think I understand what high missionary refers to.  Phra Mettanando the HARVARD educated monk and Ambassador Birabhongue Karemsri are about as high as it is possible to get.  Those with a keen intellect will be able to glean what is going on with the whole legal process by reading my letter http://www.dcia.com/letter.html to Phra Mettanando.

And for the many who think digging into the truth of this heinous act will stain the honor of Buddhism, I have this to say;  If finding the truth of the WAT PROMKUNARAM Temple murders stains the honor Buddhism, then there is no honor to stain.

But let me warn readers.  It will take a vision of total moral depravity in
order to fathom THE MOST HEINOUS DRUG CRIME OF THE CENTURY.

Brian Downing Quig

Mike Ruppert wrote:

 Please define "high missionary."

 -----Original Message-----
 From:   Matthew McDaniel []
 Sent:   Friday, September 29, 2000 10:17 AM
 To:     cia
 Subject:        [CIA-DRUGS] thailand

 Does anyone have any information tying high missionary (from America)
 activity, heroin dealing, cia together in north thailand?

 Matthew 


DIESEL THERAPY AND LES COLEMAN. 
Message: 5
   Date: Sat, 30 Sep 2000 00:30:28 GMT
   From: "Bodhi Man" <
Subject: re: les Coleman's "diesel therapy"

for those not familiar with the federal bureau of prison's (BOP) tactics, it sounds like that poor les Coleman got a taste of what is called "diesel therapy" by inmates.  it is usually reserved for inmates that are a problem, complain a lot, snitches or whistleblowers.  It is a form of retaliation
that is used to disrupt any sense of security or normality in an inmates daily routine. The inmate is cuffed tightly and moved from facility to facility never having his mail or money credited to his inmate account since it never catches up with the constantly moving inmate.  This means that the
inmate may not be able to have any amenities at all including stamps to write complaint letters to judges. They are often unable to use the phone and may be kept on the PC (protective custody) area or SHU (special housing unit) where inmates are confined 23 to 24 hours a day in a small cell and are allowed showers only two to three times a week. Atlanta Georgia is a particularly violent prison and Coleman should be happy that he was segregated from the general population.  He should do ok at MDC NY, although it is a jail with few comforts.

Diesel therapy is supposed to be illegal.  I don't have any case references but I recall that a supreme court ruling supposedly made it illegal.  Unfortunately, it still happens.  A friend of mine spent his entire three year sentence "on the road" at US high security prisons, moving after a week or two at each prison. sometimes he only spent one or two days at each stop.   at the end of his sentence he discovered that he had angered his case manager who then entered a false violent background and gun charge into the BOP database.  this inmate who should have been sent to a minimum security
prison camp instead ended up serving several years moving from USP's (dangerous, high security US prisons) such as Lewisberg, PA, Marion, Il (where john Gotti is incarcerated), Lompoc,ca, Atlanta, GA and Leavenworth, Kansas.

After serving his entire term in segregation, his new case manager looked up his case file in the BOP computer and discovered the false charges. (the courts do not determine where an inmate serves his time.  The BOP classifies inmates by level of violence and criminal history and makes a
determination.)  By this time it was too late.  he served his time and the old case manager, a woman named Tracy Lee had been promoted to an administrative position in the BOP in Washington DC!

everyone should pitch in and help les Coleman.  He had the courage to stand up and speak out even though the price was high.

bodhiman

From: Doretta Wildes  < TIP FROM RUMILLS AT: http://www.egroups.com/messages/RuMills
Date: Thu Sep 28, 2000 7:22pm
Subject: LES COLEMAN FOUND

Les Coleman contacted Mike Meehan, his lawyer, today, as well as me. He's alive if not exactly well. Here is what has happened since I last heard from him.

Les spent a week in solitary confinement at a federal penitentiary in Atlanta, Georgia. A phone message he left on my answering machine last Friday (Sept. 22) was his attempt to notify me that the U.S. Marshals were the likely instigators in his latest misadventure and mis-placement
in Atlanta.

Les's solitary week was a painful one. His back problem confined him to bed initially and later attempts to move around on a walker were frustrated by close quarters. He was not allowed phone calls or any other contact with the outside world after his call to me on Friday. As far as I know, he received none of the letters that friends sent.

On Wednesday (Sept 27) at 2 a.m., he was awakened and told to prepare for another transfer. The guards were obviously in a hurry to get him out. They could not handcuff him, since he is now on a walker. He was flown first to New Hampshire, then to New York's MDC, his former holding
facility. From 3 a.m. till 3:30 today (Sept. 28), Les sat in a chair on a concrete slab with his walker supporting him. After the 12+-hour wait, he was finally moved to the unit, with 100 or so other men. He was given more injections for his back problem. ("I hope they didn't give me the anthrax vaccine.")

MDC, where he is now being held, is a temporary holding facility. Since April, Les has been moved from one holding facility to another. Why ?

He has spent approximately two months in transit in order to appear in the chambers of Judge Moran so that the court could terminate his case. 

Thereafter, the judge's recommendations have been ignored and Les's release date has come and gone.

Yet, Les is grateful to be out of Atlanta and back at MDC. He is extremely grateful for your prayers and for the correspondence sent to the Bureau of Prisons requesting information on his whereabouts. He's convinced that without the prayers and the letters/faxes, he would still
be in Atlanta. So am I.

You may write to Les Coleman at MDC and may send postal money orders to him if you wish. (Be sure to put his ID # on the money order.) His address:

Les Coleman
ID #47321-019
Metropolitan Detention Center
100 29th Street
Brooklyn, NY 11232

We hope Les will know by next Monday when he can go home.


WHAT LANGUAGE WILL THE INTERNET SPEAK?

 Chronicle of Higher Education
 From the issue dated September 8, 2000

 The New Latin: English Dominates in Academe

 By BURTON BOLLAG
 
 In chemistry laboratories in Jordan, university libraries in
 Cambodia, and college classrooms in Sweden, an odd language is
 in use.
 
 The language is English, which is increasingly becoming the
 language of higher education and science around the world. The
 development is being stoked by the growing integration of the
 world economy, with the United States, the one remaining
 superpower and the world's economic locomotive, at its head. 
 
 The trend is also being fueled by the spread of information
 technology, because a large amount of computer software is
 written in English, and by the explosive growth of the
 Internet, with more than 300 million users connecting to a
 resource largely composed in English. And as colleges in more
 and more countries compete for the tuition money that foreign
 students can bring, the colleges are teaching their courses in
 English, so the students won't have to learn Thai or Greek to
 go to class.
 
 The development is unprecedented. Not even Latin, the European
 scholarly language for almost two millennia, or Greek in the
 ancient world before it, had the same reach. For the first
 time, one language, English -- a bastard mixture of old French
 dialects and the tongues of several Germanic tribes living in
 what is now England -- is becoming the lingua franca of
 business, popular culture, and higher education across the
 globe. 
 
 The expansion of English is even more striking in the
 sciences. Ninety-five percent of the 925,000 scientific
 articles published in thousands of major periodicals in 1997
 were written in English, according to Eugene Garfield, founder
 of the Science Citation Index, which tracks science
 publications. But only half of the English articles originated
 in English-speaking countries. The trend toward publishing in
 English began after World War II and has accelerated over the
 past 20 years. 
 
 Some find the dominance of English troubling. "Nobody
 questions the value of having a lingua franca in academia,"
 says Tove Bull, rector of the University of Tromso, located
 above the Arctic Circle in Norway. "But the university has the
 responsibility to develop terminology in academic disciplines
 in Norwegian." 
 
 The Norwegian Language Council, a government body, was
 particularly upset three or four years ago, when a Ph.D.
 candidate wrote a doctoral thesis on Norwegian linguistics --
 in English. Ms. Bull, a former chairwoman of the council, says
 she doesn't foresee restrictions on English. But, she says,
 academics should be encouraged to write in Norwegian for the
 public and to keep developing terminology in Norwegian. 
 
 "I think we overestimate our ability to think deeply in a
 foreign language," she says.
 
 The spread of English represents a serious cultural and
 psychological imposition, say many in countries where it isn't
 a native language. To get the same sense, Americans need only
 imagine having to learn their calculus in German, or their
 psychology in Chinese. "Every country loves its own culture
 and language," says Ruben Umaly, secretary general of the
 Association of Universities of Asia Pacific, which is based in
 Thailand and uses English as its official language. But
 English is increasingly the language of international business
 and communications, he says, and "we cannot avoid
 globalization." 
 
 Some countries have tried. Flush with the national pride that
 accompanied the wave of decolonization after World War II,
 many new nations initially resisted the intrusion of English,
 seeing it as a threat to their own languages, long neglected
 under colonial rule. But in the last few years, with students
 and their parents clamoring for more English, which they
 regard as a passport to better careers, countries have
 increasingly opted for what some already call "the world
 language." 
 
 Malaysia is a case in point. When Peter Chai Sen Tyng began
 working toward a master's degree in psychology last May, he
 knew that he would not be studying in the language he speaks
 at home, Mandarin Chinese. Nor would he use Malay, the
 language of his public-school education. His studies, like all
 graduate programs in Malaysia, are in English. Mr. Chai, 23,
 thinks it is worth the effort. "English has greater market
 value," he says. 
 
 At independence from Britain, in 1957, Malaysia's university
 system used English. But by the 1980's, the country wanted to
 demonstrate its linguistic independence and began the arduous
 task of developing education programs in the main national
 language, Malay. The effort did not last long. By the early
 1990's, the authorities found that a Malay curriculum "was not
 realistic if they wanted to be competitive internationally,"
 says Mr. Umaly. 
 
 Proficiency in English was made mandatory for university
 admission, reading assignments in English increased, and the
 English-speaking lecturers were invited to teach. Foreign
 universities, including two from Australia and one from
 Britain, were allowed to open branches in the country. 
 
 "In our library," says Tan Sri Jalaludin, vice chancellor of
 Putra University, a leading Malaysian institution, "most books
 and journals are in English." 
 
 The situation is similar in Singapore, the Philippines, and
 the small, oil-rich sultanate of Brunei, as well as in
 Malaysia's next-door neighbors, Thailand and Indonesia. On the
 campus of Thailand's Chulalongkorn University, a student
 sitting in the shade of a towering casuarina tree and enjoying
 a tamarind drink, offers a more colorful purpose for English
 than getting a job. "We often use English words to insult each
 other," she says. "It doesn't sound as bad as in our own
 language."
 
 On the Internet, the number of resources in languages other
 than English is growing, but English still predominates. Like
 students around the world, Bjorn Brevaas, a student of public
 administration at the Netherlands' University of Twente, uses
 the Internet to search library collections and databases, and
 to read foreign newspapers.
 
 In Moscow, Beijing, and Seoul, thousands of private language
 schools have opened to dispense English lessons to students,
 business people, and bureaucrats who want to get ahead.
 "Without the language, their opportunities are limited," says
 Elena Ostrovidova, a spokeswoman for the Russian Ministry of
 Education. In China, where using English could once could have
 resulted in a prison sentence, the language is now on the
 highly competitive national university-entrance examination. A
 recent government survey found that 70 percent of urban
 Chinese have studied English. University professors hold
 "English corners" in community centers, department stores, and
 parks around Beijing, where students can come to practice. 
 
 South Korea's president, Kim Dae Jung, told his citizens last
 winter that there was an urgent need for them to learn
 English. Students at the country's three military academies
 will be expelled if they cannot speak English. 
 
 Such ideas are even beginning to gain ground in traditionally
 insular Japan. But many Japanese fear that welcoming English
 could threaten their cultural identity. This year, a
 commission appointed by the prime minister released a report,
 "Japan's Goals in the 21st Century," that said English should
 be used in teaching and research and that called for the
 number of foreign, English-speaking faculty members to be
 "dramatically increased." That was hard enough for many
 Japanese to take. 
 
 But the report created real controversy with its
 recommendation for a "long-term, national debate on whether to
 make English an official second language." Ryutaro Ohtsuka, a
 University of Tokyo spokesman who published his doctoral
 thesis on human ecology in English 20 years ago, scoffs at the
 idea. 
 
 "Japanese culture can be expressed only in Japanese," he says.
 
 
 As Arab countries have developed their universities in recent
 decades, many have adopted English as the language of
 instruction in science, engineering, and medicine, although
 class discussion may revert to Arabic. Administrators are
 trying to develop Arabic-language programs, says Marwan R.
 Kamal, secretary general of the Association of Arab
 Universities, in Amman, Jordan, "but it takes time." 
 
 In Africa, one country, Namibia, shifted its entire
 higher-education system in the 1990's from Afrikaans, a
 language associated with apartheid, to English. In South
 Africa, as institutions have opened to non-whites, English has
 increasingly displaced Afrikaans. A few tentative efforts are
 under way to develop courses in some of the widely spoken
 African languages. 
 
 The trend toward English is well advanced in the Netherlands
 and the Scandinavian countries -- and with it, muted but
 persistent concerns. Much of the assigned reading at the
 region's institutions is in English, and if just one foreign
 student is present in a class, the professor usually switches
 to English. Graduate courses there are increasingly being
 taught exclusively in English, as are a small but growing
 number of undergraduate courses. 
 
 The University of Copenhagen, the main institution in Denmark,
 warned about the dangers of the trend in a 1995 strategic
 plan: "The fact that English is going to be the international
 scholarly language in the same way as Latin was in the
 university's infancy and youth," the document said, "must not
 mean that Danish becomes the language of the peasants, as it
 was then." 
 
 The growing internationalization of higher education is adding
 to the pressure. Under the European Union's Erasmus program,
 intended to help young people study outside their native
 countries, 100,000 students crossed borders for one or two
 semesters in the last academic year. They often attended
 classes taught in English, because countries using less common
 languages typically have to make such offerings to attract
 foreign students. 
 
 Eastern Europe has also been recruiting foreign students to
 English-language programs, especially from Greece and Arab
 countries. Eastern European faculty members seem ready to make
 the linguistic shift. Tamas Lajos, a professor of fluid
 mechanics and former vice rector for international relations
 at Budapest Technical University, says that many faculty
 members, especially younger ones, are happy to be freed from
 an obligation to learn Russian, and have embraced English with
 a passion. "I can hold a department meeting with no problem in
 English," asserts Mr. Lajos. 
 
 Outside of Europe, English-speaking countries have stepped up
 their marketing of higher education to foreign students.
 Britain, the United States, Australia, Canada, and New Zealand
 have all recruited record numbers of foreign students in
 recent years, especially from Asia, with the United States
 taking in nearly 500,000 in 1998. The English-speaking
 countries have also opened distance-learning centers and
 branches in developing nations.
 
 Now Asian countries are trying to turn the tables. Ninnat
 Olanvoruth, secretary general of the Association of Southeast
 Asian Institutions of Higher Learning, in Bangkok, says the
 region is not just exporting Asian students, but is beginning
 to import students from Australia and the West. "Most," he
 says, "do their courses in English." 
 
 Laos, Vietnam, and Cambodia have witnessed a linguistic
 struggle also experienced in countries such as Canada and
 Chad: the competition between French and English. The last
 decade has not been a happy one for lovers of French, who have
 seen their tongue, once the language of royal courts and
 international diplomacy, steadily displaced by upstart
 English. 
 
 In 1990, according to the publishers of the Science Citation
 Index, 30.6 percent of scientific papers from France were
 published in French -- the rest in English. By 1999, the
 portion in French had halved, to 16.2 percent.
 
 French scientific conferences are now frequently conducted in
 English, a development that, in the early 1990's, prompted the
 authorities to threaten to withdraw government money from
 meetings held in France and not conducted mainly in French.
 The threat had virtually no effect. 
 
 France spends some $300-million a year to promote the language
 of Moliere and Voltaire around the world, according to the
 French Ministry of Culture and Communication. Yet the sum has
 done little to stem the onslaught of English. Vietnam, a
 former French colony, used to conduct higher education and all
 official business in French, and more recently favored
 Russian. Today, Vietnam uses primarily Vietnamese, with
 English by far the foreign language of choice. 
 
 "The French government tries to keep French alive," says
 Nguyen Van Dao, president of Vietnam National University, in
 Hanoi. "But French is not so popular among young people.
 Foreign companies use English. Students know English is
 necessary for getting a good job." 
 
 At the Royal University of Phnom Penh, the largest university
 in neighboring Cambodia, students who take French and maintain
 good grades receive $25 per semester from the L'Agence
 universitaire de la Francophonie, a Montreal-based association
 of Francophone universities that does not offer an official
 English translation of its name. The $25 payment is
 considerable in a country where the average income is about
 $275 a year. Yet 91 percent of the students choose English.
 
 French authorities used to react very defensively to the
 steady advance of "the language of Shakespeare," as they
 respectfully refer to their linguistic archrival. As late as
 four years ago, two private French-language watchdog groups
 sued the Georgia Institute of Technology's campus in Metz,
 France. The groups complained that the campus's Internet site
 violated a French law banning advertising in English. The
 courts threw out the complaint on a technicality. 
 
 But in the last few years, the official French approach has
 changed from attacking English to promoting multilingualism.
 "There was a time we were very nervous about defending the
 French language," says Eric Froment, secretary general of the
 French Conference of University Presidents, in Paris. "Today
 it's more [that] 'English is inevitable -- let's lead people
 to speak other languages too.'" 
 
 Despite concerns about the smothering of other languages,
 despite resentment over the free ride the world's 400 million
 native speakers of English are getting, many feel the
 English-language juggernaut is unstoppable.
 
 Richard Brecht, director of the University of Maryland's
 National Foreign Language Center, in Washington, says major
 regional languages -- Russian in the former Soviet republics,
 Spanish in Latin America, and Arabic in the Middle East and
 North Africa -- are all that is slowing the advance of
 English, and only temporarily. "This is the only real
 challenge to English as the world language," he says. 
 
 Bengt Streijffert, a top official at the University of Lund,
 one of Sweden's large state institutions, says that English is
 used for most intellectual discourse there and that Swedish
 may soon just be used "at home and with the dog." 
 
 "It is the universities," he concludes sanguinely, "which may
 be leading the way into the abyss." 
 
 Tony Gillotte, Bryon MacWilliams, Paul Mooney, Linda Vergnani,
 and David L. Wheeler contributed to this report.