30Nov/10Off
US cuts access to files after leak embarrassment
WASHINGTON -The State Department severed its computer files from the government's classified network, officials said Tuesday, as U.S. and world leaders tried to clean up from the embarrassing leak that spilled America's sensitive documents onto screens around the globe.
By temporarily pulling the plug, the U.S. significantly reduced the number of government employees who can read important diplomatic messages. It was an extraordinary hunkering down, prompted by the disclosure of hundreds of thousands of those messages this week by WikiLeaks, the self-styled whistleblower organization.
The documents revealed that the U.S. is still confounded about North Korea's nuclear military ambitions, that Iran is believed to have received advanced missiles capable of targeting Western Europe and — perhaps most damaging to the U.S. — that the State Department asked its diplomats to collect DNA samples and other personal information about foreign leaders.
While the founder of WikiLeaks, Julian Assange, taunted the U.S. from afar on Tuesday, lawyers from across the government were investigating whether it could prosecute him for espionage, a senior defense official said. The official, not authorized to comment publicly, spoke only on condition of anonymity.
State Department spokesman P.J. Crowley sought to reassure the world that U.S. diplomats were not spies, even as he sidestepped questions about why they were asked to provide DNA samples, iris scans, credit card numbers, fingerprints and other deeply personal information about leaders at the United Nations and in foreign capitals.
Diplomats in the Paraguayan capital of Asuncion, for instance, were asked in a secret March 2008 cable to provide "biometric data, to include fingerprints, facial images, iris scans, and DNA" for numerous prominent politicians. They were also asked to send "identities information" on terrorist suspects, including "fingerprints, arrest photos, DNA and iris scans."
In Burundi, Rwanda and the Democratic Republic of Congo the requests included information about political, military and intelligence leaders.
"Data should include e-mail addresses, telephone and fax numbers, fingerprints, facial images, DNA, and iris scans," the cable said.
Every year, the intelligence community asks the State Department for help collecting routine information such as biographical data and other "open source" data. DNA, fingerprint and other information was included in the request because, in some countries, foreigners must provide that information to the U.S. before entering an embassy or military base, a U.S. official said, speaking on condition of anonymity to discuss intelligence matters.
The possibility that American diplomats pressed for more than "open source" information has drawn criticism at the U.N. and in other diplomatic circles over whether U.S. information-gathering blurred the line between diplomacy and espionage.
"What worries me is the mixing of diplomatic tasks with downright espionage. You cross a border ... if diplomats are encouraged to gather personal information about some people," U.N. Secretary-General Ban Ki-moon said.
Crowley said a few diplomatic cables don't change the role of U.S. diplomats.
"Our diplomats are diplomats. Our diplomats are not intelligence assets," he repeatedly told reporters. "They can collect information. If they collect information that is useful, we share it across the government."
World leaders, meanwhile, were fielding questions about candid U.S. assessments of their countries.
In Kenya, the government was outraged by a leaked cable, published by the German magazine Der Spiegel, in which Kenya is described as a "swamp of flourishing corruption." Kenya's government spokesman called the cable "totally malicious" and said the State Department called to apologize.
In Brazil, officials declined to answer questions about U.S. cables that characterized the South American country as privately cooperative in the war against terrorism, even as it publicly denies terrorist threats domestically.
WikiLeaks has not said how it obtained the documents, but the government's prime suspect is an Army Pfc., Bradley Manning, who is being held in a maximum-security military brig on charges of leaking other classified documents to WikiLeaks. Authorities believe Manning defeated Pentagon security systems simply by bringing a homemade music CD to work, erasing the music, and downloading troves of government secrets onto it.
While world leaders nearly universally condemned the leak, the U.S. and Assange traded barbs from afar. In an online interview with Time magazine from an undisclosed location, Assange called on Secretary of State Hillary Rodham Clinton to resign because of the cables asking diplomats to gather intelligence. "She should resign, if it can be shown that she was responsible for ordering U.S. diplomatic figures to engage in espionage in the United Nations, in violation of the international covenants to which the U.S. has signed up," he said.
Crowley, at the State Department, showed disdain for Assange.
"I believe he has been described as an anarchist," he said. "His actions seem to substantiate that."
Defense Secretary Robert Gates played down the fallout from the leaks, calling them embarrassing and awkward but saying they would not significantly complicate U.S. foreign policy.
"The fact is governments deal with the United States because it's in their interest, not because they like us, not because they trust us and not because they think we can keep secrets," Gates said Monday.
Crowley would not say how long the State Department would keep its files off the classified network.
"We have made some adjustments, and that has narrowed, for the time being, those who have access to State Department cables across the government," he said.
—
Associated Press writers Kimberly Dozier and Anne Gearan contributed to this report.
8Nov/10Off
Elizabeth Smart says she awoke to knife on neck
SALT LAKE CITY -Elizabeth Smart remembers not being able to make out the threat, only the feel of cold knife at her neck.
As the then-14-year-old lay in bed alongside her baby sister, the man repeated: "Don't make a sound. Get out of bed and come with me, or I will kill you and your family." She was his hostage, he told her.
"I was shocked. I thought I was having a nightmare. It was just indescribable fear," Smart, now 23, told jurors Monday on the first day of testimony in the trial of Brian David Mitchell, the man accused of kidnapping her in June 2002.
That night, they fled up the hills above her home, with Smart in her red pajamas and tennis shoes, and the knife to her back.
Her younger sister — a baby blanket wrapped around her head and neck — rushed to their mother, telling of the kidnapping.
"It was utter terror," their mother, Lois Smart, testified earlier Monday. "It was the worst feeling, knowing that I didn't know where my child was. I was helpless."
Nine months later, motorists spotted Elizabeth Smart walking in a Salt Lake City suburb with Mitchell.
His attorneys did not dispute the facts of the abduction. But during opening statements, they said the prosecution's allegation that he was a calculating person who planned the kidnapping was wrong.
Known as a homeless street preacher named "Immanuel," Mitchell was influenced by a worsening mental illness and religious beliefs that made him think he was doing what God wanted, his attorneys said.
Mitchell, who has a long graying beard to the middle of his chest and hair to the middle of his back, was again removed from the courtroom Monday for singing hymns, so he's watching and listening from a holding cell.
Smart's mother testified that she and her children ran into Mitchell downtown and that she offered him a job doing handyman work at the family's home. One of her sons encouraged her to give him money, she said.
"He looked like a clean-cut, well-kept man that was down on his luck," she said. "I gave him $5."
Later, the family hired Mitchell to help fix a leaky roof, Lois Smart said. It was the only job he did for the family.
"I do remember having a conversation with him, hoping that he would do more work. He seemed fine," she said.
Elizabeth Smart described how Mitchell came into her bedroom. She had left a kitchen window open because her mother had burned potatoes for dinner.
"I remember him saying that I have a knife to your neck, don't make a sound, get out of bed and come with me or I will kill you and your family," she said.
Smart said she got up and he grabbed her arm, and took her into a closet. He stopped her when she reached for slippers and told her to wear tennis shoes.
After leaving the house, Smart said, they hiked three to five hours up a hill to a campsite where Mitchell's now-estranged wife, Wanda Eileen Barzee, took her in a tent, sat her down on a bucket and washed her feet.
Barzee also told her to take off her pajamas and underwear and put on a robe or "she would have the defendant come in and rip them off," she said.
Smart said Mitchell entered the tent wearing a similar robe and married them by pulling a sentence from the traditional Mormon marriage ceremony, called a sealing.
"He said, 'What I seal on this earth will be sealed to me in the hereafter and I take you to be my wife,'" she said, adding that she screamed and he threatened to put duct tape across her mouth.
"He proceeded to fight me to the ground and force the robes up," Smart said quietly, pausing, "where he raped me."
"I begged him not to. I did everything I could to stop him. I pleaded with him not to touch me, but it didn't work."
Mitchell chained her to a table, making it impossible for her to flee, she said.
Lois Smart said she was awakened by daughter Mary Katherine, who was 9 at the time and slept with Elizabeth. With the baby blanket wrapped around her head, she looked like "a scared rabbit," her mother said.
"She said a man has taken Elizabeth with a gun and that we won't find her. He took her either for ransom or hostage," Lois Smart recalled Mary Katherine, now 18, saying.
Lois Smart said she went to the kitchen and immediately noticed the window was open and the screen was cut in a U-shape.
"My heart sank," she said. Then, she yelled to her husband, Ed: "Call 911. She's gone.'"
Elizabeth Smart is serving on a French mission trip for the Mormon church but plans to resume her music studies at Brigham Young University next year.
Mitchell, 57, faces life in prison if he is convicted of kidnapping and unlawful transportation of a minor.
20Sep/10Off
Huntsville, Madison Texting Bans Go Into Effect
Drivers be warned. On Monday, police in Huntsville and Madison will begin enforcing bans on texting while driving. Huntsville was the first to pass the ordinance. Madison quickly followed.
Both bans include much more than texting, though. It is also illegal to check e-mail, program a satellite navigation device or scroll through a music player. Basically anything that involves sending or receiving information with a wireless device is prohibited.
However, in both cities, these are secondary offenses, which means an officer must spot the driver committing another traffic violation before he or she can be pulled over and ticketed.
28Jul/10Off
Judge blocks parts of Arizona immigration law
PHOENIX -A federal judge stepped into the fight over Arizona's immigration law at the last minute Wednesday, blocking the heart of the measure and defusing a confrontation between police and thousands of activists that had been building for months.
Coming just hours before the law was to take effect, the ruling isn't the end.
It sets up a lengthy legal battle that could end up before the Supreme Court — ensuring that a law that reignited the immigration debate, inspired similar measures nationwide, created fodder for political campaigns and raised tensions with Mexico will stay in the spotlight.
Protesters who gathered at the state Capitol and outside the U.S. Embassy in Mexico City cheered when they heard the news. The governor, the law's authors and anti-illegal immigration groups vowed to fight on.
"It's a temporary bump in the road," Gov. Jan Brewer said.
The key issue before U.S. District Judge Susan Bolton in the case is as old as the nation itself: Does federal law trump state law? She indicated in her ruling that the federal government's case has a good chance at succeeding.
The Clinton appointee said the controversial sections should be put on hold until the courts resolve the issues, including parts that required officers to check a person's immigration status while enforcing other laws.
In her preliminary injunction, Bolton delayed provisions that required immigrants to carry their papers and banned illegal immigrants from soliciting employment in public places — a move aimed at day laborers.
The judge also blocked officers from making warrantless arrests of suspected illegal immigrants for crimes that can lead to deportation.
"Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully present aliens because their liberty will be restricted while their status is checked," Bolton wrote.
The ruling came just as police were making last-minute preparations to begin enforcement of the law and protesters, many of whom said they would not bring identification, were planning large demonstrations against the measure.
At least one group had planned to block access to federal offices, daring officers to ask them about their immigration status.
"I knew the judge would say that part of the law was just not right," said Gisela Diaz, 50, from Mexico City, who came to Arizona on a since-expired tourist visa in 1989 and who waited with her family early Wednesday at the Mexican Consulate to get advice about the law.
"It's the part we were worried about. This is a big relief for us," she said.
At a Home Depot in west Phoenix, where day-laborers gather to look for work, Carlos Gutierrez said he was elated when a stranger drove by and yelled the news: "They threw out the law! You guys can work!"
"I felt good inside" said the 32-year-old illegal immigrant, who came here six years ago from Sonora, Mexico, and supports his wife and three children. "Now there's a way to stay here with less problems."
Opponents argued the law will lead to racial profiling, conflict with federal immigration law and distract local police from fighting more serious crimes. The U.S. Justice Department, civil rights groups and a Phoenix police officer asked for Wednesday's injunction.
Lawyers for the state contend the law was a constitutionally sound attempt by Arizona to assist federal immigration agents and lessen border woes, such as the heavy costs for educating, jailing and providing health care for illegal immigrants.
They said Arizona shouldn't have to suffer from a broken immigration system when it has 15,000 officers who can arrest illegal immigrants.
In her ruling, Bolton said the interests of Arizona, the busiest U.S. gateway for illegal immigrants, match those of the federal government. But, she wrote, that the federal government must take the lead on deciding how to enforce immigration laws.
The core of the government's case is that federal immigration law trumps state law — an issue known as "pre-emption" in legal circles. In her ruling, Bolton pointed out five portions of the law where she believed the federal government would likely succeed on its claims.
Justice Department spokeswoman Hannah August said the agency understands the frustration of Arizona residents with the immigration system, but added that a patchwork of state and local policies would seriously disrupt federal immigration enforcement.
Federal authorities have argued that letting the Arizona law stand would create a patchwork of immigration laws nationwide that would needlessly complicate foreign relations. They said the law is disrupting U.S. relations with Mexico and other countries.
About 100 protesters in Mexico City who had gathered in front of the U.S. Embassy broke into cheers when they learned of Bolton's ruling. They had been monitoring the news on a laptop computer.
"Migrants, hang on, the people are rising up!" they chanted.
Mexico's Foreign Secretary Patricia Espinoza called the ruling "a first step in the right direction" and said staff at the five Mexican consulates in Arizona will work extra hours in coming weeks to educate migrants about the law.
"None of this is very surprising," said Kevin R. Johnson, an immigration expert and the law school dean at University of California at Davis. "This is all very much within the constitutional mainstream."
The federal government has exclusive powers over immigration to ensure a uniform national policy that aids in commerce and relations with other countries, Johnson said.
A century ago, differing policies among states led to problems that prompted the federal government to adopt a comprehensive immigration policy for the country, Johnson said.
Supporters took solace that the judge kept portions of the law intact, including a section that bars local governments from limiting enforcement of federal immigration laws. Those jurisdictions are commonly known as "sanctuary cities."
"Striking down these sanctuary city policies has always been the No. 1 priority," said Republican Sen. Russell Pearce, the law's chief author.
The remaining provisions, many of them revisions to an Arizona immigration statute, will take effect at 12:01 a.m. Thursday.
Brewer spokesman Paul Senseman said the state will appeal Bolton's ruling to the 9th U.S. Circuit Court of Appeals in San Francisco on Thursday, asking the appellate court to lift the injunction and allow the blocked provisions to take effect. The appeal will ask the 9th Circuit to act quickly, Senseman said.
Whatever way that court rules, Bolton will eventually hold a trial and issue a final ruling.
Wednesday's decision was seen as a defeat for Brewer, who is running for another term in November and has seen her political fortunes rise because of the law's popularity among conservatives.
Her opponent, state Attorney General Terry Goddard, pounced.
"Jan Brewer played politics with immigration, and she lost," the Democrat said. "It is time to look beyond election-year grandstanding and begin to repair the damage to Arizona's image and economy."
Some residents in Phoenix agreed.
"A lot of people don't understand the connection between, 'Yes, we have a problem with illegal immigration' and 'We need immigration reform,' which is not just asking people for their papers," said Kimber Lanning, a 43-year-old Phoenix music store owner.
"It was never a solution to begin with."
—
Associated Press writers Bob Christie, Paul Davenport and Michelle Price in Phoenix, Felicia Fonseca in Flagstaff, Ariz., and Olga R. Rodriguez in Mexico City contributed to this report.
8Nov/08Off