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CMU-R Students Develop Reporting System for RWACOF A group of Carnegie Mellon University in Rwanda (CMU-R) students have worked together to support RWACOF Exports Ltd, a Rwandan coffee exporter and processor, to develop an efficient and effective reporting system as part of their practicum last term. Previously when RWACOF Exports Ltd bought coffee, all the data related to the operation was hand written before being input into a spreadsheet that was subsequently sent to headquarters. The company’s only access to this data was via email or phone, which was time-consuming and lacked efficiency. The student team developed software to produce timely and accurate reports on coffee purchases, expenses, cash management, stock updates and cost to production analysis. The web based application was developed to work remotely and can be used by multiple users on numerous platforms such as mobiles, computers and tablets. A USSD version was also developed for use in times of sporadic and unstable Internet connection. While the web-based application has numerous features and functions most of which are not used regularly, the USSD version was designed to record coffee purchases alone. Deliverables from the project included: a statement of work, technical specifications, user manuals, the source codes of the entire project as well as a compiled running program ready for use. Team members that included Phizer Dusabuwere, Richard Ishimwe and Sildio Mbonyumuhire concurred that working in a group was very challenging and that they quickly learnt that task distribution and perseverance throughout the project were crucial for success. “We were especially challenged by the fact that our client did not have a technical person on site, but we were able to dig enough to find out their needs and create a solution they were appreciative of,” explained Rafiki Ntamuhanga also on the team.

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http://www.cmu.edu/rwanda/news/rwacof.html

2016-07-26T12:13:35Z

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Samsung Xpress M2825DW Review and Ratings Our Verdict: The M2825DW offers some surprising high-end features, including broad mobile-device support and a highly configurable print manager. It’s a good value, and best for light-to-moderate text printing in a home or small office. Read More… - What We Liked… - Broad mobile-printing support - Strong text print quality - Deep print-management, Eco utilities - Easy setup - 250-sheet tray capacity - What We Didn’t… - Paper-tray design needs work - Separate toner and drum replacements required - Poor photo print quality Samsung Xpress M2825DW Review By September 25, 2013reviewed Table of Contents Introduction, Design & Features In Hans Christian Andersen’s fable, the ugly duckling grew up to be a swan. In the same way, Samsung’s Xpress M2825DW, a budget-price mono laser, has a bit of the same quack about it: Appearance isn’t its strong suit, but under its feathers, there's plenty of potential. This Xpress model has some of the expected weaknesses of any budget laser (when we wrote this in late September 2013, it was $159.99 direct from Samsung), but it won us over in the end as a text-pumping workhorse for homes, students, or light office use. Whether you are convinced or not that this printer is really a swan, however, will depend on your needs. A quick hands-on with the Xpress M2825DW reveals an unprepossessing physical design. With dimensions of 8x14.5x13.2 inches, the body resembles a stubby cube. It has a black top, and it features light, stone-gray-colored plastic elsewhere. We wouldn't call it ugly, but it’s a combination that’s faceless in a Standard Office way... Weighing 16.4 pounds, the printer is not heavy for its size, but it is a bit bulky. The output tray is actually a dip in the top of the printer, as you can see here... That placement is a good idea for an industrial-size printer that’s immovable, but perhaps less so for a home or small-office printer that you’d like to tuck efficiently into as tight a space as possible. (To reach your prints, you won’t want to place the Xpress M2825DW under a low overhang, such as a shelf.) A flip-out support (which needs some vertical space to open up) prevents print jobs from flopping out onto the floor. Note, though: While the paper tray is rated to hold 250 sheets, the output tray can stack only 150. This means you can’t just leave a 250-sheet job printing while you do something else. That said, this isn't the kind of printer that you'd want to be routinely printing jobs that big on, anyway. A manual feeder is behind a small hinged drawer that opens on the front of the unit. The automatic feeder isn’t merely a tray, but a drawer that takes up most of the lower third of the printer. As you can see, it pulls out and away from the M2825DW... Pulling out the tray makes a good bit of noise. (Likewise, the M2825DW’s motor, when running a job, is relatively loud for its size.) Nothing eases the scrape of plastic against plastic as you work the drawer back and forth to get it open and closed, and we found the latter action rough, requiring both hands. On top of that, you have to pull out the entire drawer and adjust the back end like this to change between legal-size and letter-size stock... Note that once you go to legal-size paper and replace the drawer, part of the mechanism projects from the back of the printer... That’s not only visually awkward, but it also makes it impossible to ease the unit completely into a corner or up against a wall. (Even when it’s set for letter-size printing, the drawer still sticks out a bit.) The back also has ports for the power cord, USB, and wired Ethernet networking connections... To the right of that, there’s a fold-down back entrance to the paper path here, too, good to have in case of paper jams. The back and both sides are also peppered with cooling vents. A hinge on the front of the unit lets the front face fall open, revealing the toner cartridge. Replacing it is relatively simple. As you can tell, its placement is shallow and easy to access... The top of the printer has buttons for power, cancel, WPS (for establishing the Wi-Fi connection), and Eco mode, as well as two lights. One shows the status of the toner (off for normal, blinking orange for running low, solid orange for out). The other indicates a range of conditions—mostly solid red for anything bad, from no paper to a serious error. We’d have preferred an LED or LCD numerical readout indicating exactly the kind of error, but this kind of vague LED notification is common on budget lasers. Finally, the Power, WPS and Eco buttons light up when the printer's in power saver mode, connected to a wireless network, and in Eco mode, respectively. Setup & Features The M2825DW comes out of the box pinned down with six long, blue-plastic sticky tabs. Getting them off isn’t a problem, but one postcard-like paper sheet is stuck half in, half out of the printer. Once you pull down a latch at the top front of the printer and open it up, you’ll see the sheet is attached to a long orange-plastic rod that snakes back behind the toner cartridge, where it’s also attached. You'll have to extract that too. Also, the cartridge itself isn’t primed for use until you pull a long plastic tape out of one end. It’s only a slightly messy business, but best done away from carpets, clean desktops, and good clothes. The rest of setup was a breeze. Software installation lets you choose among USB, wired network, and wireless network... You can elect to install two apps along with the printer driver: Easy Wireless Setup, and Easy Printer Manager. We suggest doing the first even if you don’t go initially with a wireless setup, since it will save time later if you change your mind. The Easy Printer Manager is a definite plus under all circumstances. It looks very similar to the Printer Manager from Dell’s B1163w Mono Laser Multifunction Printer. We thought highly enough of it in that printer to consider it a major benefit, the kind of thing you’d expect from a much more expensive printer. The Easy Printer Manager groups everything except alerts rather awkwardly under a single heading, Device Settings. There, you’ll find subheadings for System, Eco Settings, Input Tray, Layout, Printer, Emulation, Network Settings, and Print Information... Loads of customization here. You'll find a timed power-save mode, and controls for determining how low the toner supply gets before the warning light starts blinking. You can use it to set paper type (thin to cardstock), change print density (+/-10), adjust altitude values (to prevent speckling and ghosting), and skip the printing of blank pages without entering Eco mode. Unlike the B1163w, this Xpress doesn't do any copying or scanning, so the Easy Printer Manager doesn’t include such digital-imaging controls as fringe removal or multiple image formats, but it’s still a very good and deep tool to have on your side. The Xpress M2825DW and the B1163w, curiously, continued to cross swords on other major features. On one of these, Eco mode, the Xpress M2825DW came out ahead. While the Dell unit's Eco mode prints two pages on one side of a sheet and reduces toner use to draft mode, the Samsung printer in addition skips blank pages, and it lets you select two, four, six, nine, or 16 pages to print per sheet (though who can read nine or 16 pages per sheet, besides The Human Fly, is anyone's guess). And while the user guide states that duplex printing, another Eco feature, is only available on the M262x printer series, it worked just fine on the M2825DW—if looking a bit odd as the printer outputted a page, only to pull it back in to print the other side. We also noted some nice features you can manually apply after you first bring up Eco Preview, which in turn launches the Easy Eco Driver. These include “select and remove specific object,” “delete selected page,” “save as PDF,” and “remove images”... Using these, you can, say, exclude toner-wasting images or ads in your printouts to save consumables. You’ll notice in that image above, too, that unlike the Dell B1163w, the M2825DW has an Eco mode simulator that actually works. Where Dell’s was just a series of three static savings percentages for CO2, Energy, and Paper, Samsung’s five percentages (Toner, Paper, Energy, CO2, and Cost) actually change to reflect print resolution, toner use, duplexing, removal of images and bold fonts, and the like. It is just an approximation, but it gives a decent idea of how each element affects the whole. There are still a few rough corners with this specific set of features. Notably, while the Remove Images option works great, the software can’t tell simple pictures from embedded text on pictorial backgrounds. You could very well end up not printing a large amount of text because of this, as we discovered. Still, the depth of control you’re given with Eco printing is very useful. The M2825DW goes up against Dell’s B1163w on another front: printing from mobile devices. The B1163w accomplishes this through Google CloudPrint, AirPrint, and Dell MobilePrint; Samsung’s Xpress M2825DW supports Google CloudPrint and Samsung MobilePrint. The two units actually cover much of the same universe of devices, including iPad, iPhone, iPod Touch, tablet PCs, and a range of smartphones, as well as Gmail/Google Docs, the Google Chrome browser, and the Chrome OS. Right now this remains a premium-level feature in printers, just beginning to show up in lower-cost models. These Dell and Samsung models are ahead of the curve. As noted in that review of the B1163w, there’s no way we can guarantee setting up mobile printing will be a snap, however. Too many factors are involved, though the clear but simple directions in the user guide (launched via an executable through your browser) covers matters sufficiently, assuming everything else—network, tower availability, firewall, access point, and so on—is working in your favor. No third-party software comes bundled with the Xpress M2825DW. (The B1163w included Nuance PaperPort 14, for use with its scanner.) However, Samsung does supply what it calls “management tools.” These are mostly of limited value, such as Samsung Printer Status—which is basically the Home option in its Easy Printer Manager—while Easy Capture just adds printing and very rudimentary editing of documents to the screen-capture function. Of the lot, the Easy Printer Manager and Easy Eco Driver, which we praised above, are the software stars here, rating a strong two thumbs-up for their raft of configurable options. Performance, Print Quality & Conclusion By performance, we mean print speed; and when it comes to speed, the Xpress M2825DW was outpaced in one category, but otherwise did reasonably well in our tests. We compared it to Dell’s multifunction mono-laser B1163w because of the similarity of some of their best features and their identical prices, and to three low-cost single function mono lasers: Dell’s B1160w Mono Laser Printer, Samsung’s own ML-2165w, and Brother's HL-2270DW. The last is an oldie-but-goodie budget laser we reviewed several years back. Photo Printing Test This test compares our five printers on how long it takes for each to print a sample 4x6-inch snapshot. The results are then averaged across many repeat runs of the job. The M2825DW’s 11-second showing was respectable, if not up to the level of the leader, the HL-2270dw, at 9 seconds. Both easily surpassed the ML-2165w, B1160w and the B1163w. Business Printing: Microsoft Office Suite Test This is a timed trial that measures a printer’s speed using several popular business apps in Microsoft Office. We look at how long is required to print five test documents, for a total of 11 pages. These are a one-page Excel table, with an embedded grid; a one-page Excel graph; a three-page Excel document that contains charts and graphs; a four-page PowerPoint document with full-page slides; and finally, a two-page Word text document. Here, the M2825DW came in just 3 seconds behind the HL-2270dw, whose showing at 58 seconds was very fast indeed for the price. By contrast, the ML-2165w crawled in at 1:28, and the B1163w and B1160w were a few seconds behind that, as you can see. Business Printing: Adobe Acrobat Test In this test, we measure a printer’s speed by how quickly it executes a four-page, wide-orientation PDF document, complete with a mix of photos and text. Here, the Xpress M2825DW shared the back of the pack. Its result of 30 seconds was essentially identical to the B1163w (29 seconds) and the ML-2165w and B1160w (31 seconds). All four were tortoises to the HL-2270dw’s hare on this one, though. Business Printing: Effective Pages Per Minute Test This test is an aggregate figure created by number-crunching together the last two tests: Excel, PowerPoint, Word, and Acrobat. Here the M2825DW certainly shows the hit it took on Acrobat, at 9.9 pages per minute (ppm) nearly 2ppm behind the HL-2270dw. Still, it well-outpaced the ML-2165w and the Dell printers… On the whole, the Xpress scored well in our speed tests, despite the PDF-test stumble. It’s certainly faster than Dell’s B1163w, which as a multifunction printer offers wider office functionality, but it's otherwise roughly competitive on printing features. And on the features front it beats the faster, lighter HL-2270DW handily. Print Quality & Cost The M2825DW does an outstanding job with text. Letters at all font sizes look exceptionally clear, with firm letter edges and dark, even centers at 600dpi. That’s the standard resolution—in other words, we were able to print attractive, business-ready letters on stationery without resorting to the advanced resolution of 1,200dpi. This quality, of course, doesn’t hold true in Eco mode. With toner saver on and gray fonts chosen, edging was for the most part clear, but some stippling was visible. Interiors became entirely pixelated. However, we were impressed with the readability of printing four pages on one side of a letter-size sheet, at high resolution. We’d put the M2825DW up against many higher-priced models when it comes to printing documents without fear that the results would look shoddy in comparison. Still, the unit is a budget-line model, and that showed up in photo reproduction. Granted, few mono lasers are ace photo printers. Here, smudging was a constant, with small objects (such as jewelry or embroidered designs) looking heavily pixelated. Shadows were rendered as pock-marked masses, and striping occured with some frequency. This held true at either resolution, rendered from colored images or black and white, though we saw a slight improvement at 600dpi, so there’s reason to suspect the Xpress M2825DW is optimized for text. Most budget printers come with a starter toner cartridge. An example is the $99 Pantum P2000, rated for 700 pages, while the standard model available for purchase separately provides enough toner for 1,500 pages. The Xpress M2825DW, however, comes with a cartridge that’s identical to its standard, over-the-counter model: 1,200 pages. With a cost of $36.99, this means a cost per page (CPP) of approximately 3.1 cents. If you buy instead Samsung's high-yield toner cartridge—3,000 pages for $68.99—the CPP drops to 2.3 cents. It's not that simple, though. Every 9,000 pages, you also have to replace the imaging drum, which is separate from the toner cartridge in the Xpress M2825DW. That’s $58.99. It raises the CPP to roughly 3 cents if you stick with the high-yield toner. That’s a respectable figure, if not a great one. By comparison, the Pantum P2000 delivers a CPP of 3 cents with its high-yield toner cartridge but requires no separate drum replacement. That means one less modest hassle, at the very least. When you factor in wear and tear, the M2825DW takes something of a hit, if you were considering it for extensive office output. The P2000’s maximum monthly duty cycle is 20,000, as is that of Dell’s B1163w. (There’s no recommended monthly duty cycle, but few manufacturers supply this. It’s usually taken to be on the order of one-tenth the stated maximum for lower-end printers.) The M2825DW’s duty cycle is 12,000, which fine for home use but low for regular use even in a small office. The unit does come with a one-year warranty, as does most of its competition. But know that this is an occasional-use printer for a user or three in the the office, not an everyday workgroup workhorse. Finally, if you bring up the Easy Printer Manager, then click on Device Settings > Print Information > Supplies Information, you’ll get a printout that includes Fuser Life (X/100,000), Transfer Roller Life (X/100,000), Tray 1 Forward Roller Life (X/50,000), Tray 1 Retard Roller Life (X/50,000), and Pick-Up Roller Life (X/50,000), where X is the number of pages that the M2825DW has printed since these items were last installed or changed. Though they aren’t replaceable by users, they do wear out and require servicing. We inquired with Samsung, but no repair pricing was available to us. We found a lot to like about the Xpress M2825DW. Its text quality is first rate, and not just by the standards of budget lasers, either. Its two "Easy" utilities supply an excellent mix of user-controllable options for preview and printing. Its Eco simulator works and furnishes a good idea of how much you’re saving, as well as real-world tools for conserving. Its speed-test results were competitive, and the CPP, if not stellar, is certainly acceptable for a $150 printer. Perhaps most important, if you own a panoply of devices to print from, its mobile-print support is a strong plus. What’s not to like? The chassis color and shape were neutral factors at best, but the physical design could use some tweaks. A smoother-moving paper drawer that doesn't stick out the back would be our first change, along with a paper-output hopper that matches the capacity of the paper tray. We also don’t like having to separately replace toner and drum, especially on a budget printer like this one. Your view of the Xpress M2825DW will be strongly influenced by your particular needs. If space is tight, or you work a lot with PDFs, you’ll probably want to look elsewhere—perhaps to the faster, lighter Brother HL-2270dw, or the multifunction Dell B1163w. The latter is sleeker, easy to operate, and definitely slower, but with many of the same features (not to mention scanning and copying). But if you don’t mind the occasional tussle with its drawer, this printer does what it does extremely well and quickly in text mode. Throw in being able to send and print itineraries, receipts, and the like from a distance, along with all the configurability of the software, and this plain, swift printer just might be swan enough for yo Table of Contents USB 2.0; Wi-Fi; Ethernet 1,200dpi (4,800x600dpi "effective" output) Epson WorkForce Pro WF-4630 All-in-One PrinterRead Our Review Epson WorkForce Pro WF-5690 Network Multifunction Color Printer With PCL/Adobe PSRead Our Review HP Officejet Pro 8630 e-All-in-One PrinterRead Our Review HP Officejet Pro 276dw Multifunction PrinterRead Our Review HP Officejet Pro X551dw Color PrinterRead Our Review

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That's an absolutely loaded question, because what's offensive is in the eye of the beholder. Basically, the comics on Celebrity "work clean" as they say in the trade, but there's still an occasional word that creeps in that might offend some young ears. Last cruise we were on the comic did one late night set that was clearly billed as "adults only." And even that was pretty tame. Other than the comics, there's not much to worry about, except that most kids won't understand or care for most of what's going on, unless there happens to be a magic act. I believe the shows on Celebrity ships are "kid friendly". We had the "Ladder Guy" on our last cruise and he even brought a kid out of the audience and made him part of the show. It was hysterical. I really believe Celebrity is sensitive to their young cruisers!

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Would it be better for Herman Cain to let the women speak? Herman Cain needs to end the media frenzy around the sexual harassment allegations, and fast, say political analysts. Asking that the two women be released from their confidentiality agreements might actually help him, they say. Washington — GOP presidential candidate Herman Cain raised record campaign cash this week in the wake of reports that he was accused of sexual harassment by two women while chief executive officer of the National Restaurant Association, but his candidacy is in free fall. The hapless nature of Mr. Cain’s response has underscored existing questions about his leadership abilities and readiness for a pressure-filled national contest – not to mention his fitness to run the country. These swirling doubts, perhaps even more than the details behind the allegations, could sink his hopes. Cain’s only shot at redemption, some campaign watchers suggest, is to put the kibosh on the media frenzy around the story by asking the National Restaurant Association to release the two women involved from their nondisclosure agreements with the group. This would free them to speak publicly, which at least one of the women desires, her lawyer told the Washington Post, and allow a fuller rendering of what transpired. In a best-case scenario, the move could convey a measure of maturity, gravitas even, in the former CEO of Godfather’s Pizza. It would also likely open the inevitable, if also sometimes prurient and unjust, stream of reporting about the women. How credible are they? Cue the shift in focus from Cain. “I don’t think he has any choice,” says Dean Spiliotes, civic scholar at Southern New Hampshire University, in Manchester. “If he tries to couch this as it’s not his decision as to whether they speak out, I think that hurts him.” Presumably, Cain knows what happened, despite his hazy rendering of events. He told Fox News that he recalls comparing the height of one woman with that of his wife. Would that be enough for the National Restaurant Association to fork over $35,000, a year’s salary, according to a New York Times report released last night? The calculation, then, for Cain in weighing whether to call for the National Restaurant Association to terminate the nondisclosures is if the details are mild enough to overcome. “If the conduct was inappropriate language and his sexual conduct merely suggestive, it would make political sense to get this out in the open fast, so that he can take the hit and it will gradually go away,” says Larry Sabato, director of the Center for Politics at the University of Virginia, in Charlottesville. “Cain needs to find a way to stop the drip-drip-drip of scandal reporting.” The longer the story persists, the more likely Cain’s support will suffer in key early-primary states. Dante Scala, associate professor of political science at the University of New Hampshire in Durham, says voters like what they’ve seen of Cain in the televised national debates but that Cain's polling numbers aren’t solid. He’s still too new. Too untested, as this episode evidences. “This story could do a lot of damage to his standing here,” Mr. Scala says. Real Clear Politics’ polling average shows Cain out front of the unsettled GOP primary field as of Oct. 31, the day Politico broke the harassment story. He led with 26 percent of the vote to former Massachusetts Gov. Mitt Romney’s 24 percent and Texas Gov. Rick Perry’s 10 percent. For those numbers to hold, Mr. Sabato suggests, it’s time for Cain to show some executive leadership and decisiveness. “Cain could look gallant and also help himself by finding a way to bring down the curtain on this sad episode,” Sabato says, adding, “remember, that’s if the information is damaging but not incinerating.”

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Among these people the clan, or perhaps I should say the kinsfolk, forms the unit. Do you yield to them of your own free will, or do the people hate you, or have you a quarrel with your kinsfolk? Ulwin, with gashed forehead and scratched neck, was shepherding his kinsfolk in the direction of his abode. In Marshall's opinion the breech between these kinsfolk ought not to be healed. He calls a servant and bids him go to Mesopotamia, his old home, and bring a wife for Isaac from his own kinsfolk. They closed the door upon their kinsfolk and faced the situation. The new queen's kinsfolk quickly acquired an almost unbounded ascendency over her weak husband. He will make us the kinsfolk of all things bright and beautiful. She held her head very high, knowing what her kinsfolk thought: that gran'ther had disgraced them. She told her story, but her kinsfolk were too poor to help her.

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Chris Klein has returned to acting after spending two months in rehab following two DUI arrests. The actor joined stars Bradley Whitford and Colin Hanks on the set of The Good Guys this week to begin filming a guest spot on the police comedy's season finale, reports People. "He's doing fantastic. He loves comedy and these guys are all fantastic," said a source. "Being on set again with such a talented and welcoming cast has done wonders for him."

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I need to put weep holes over my door lintel in a wall that will be rendered. I intend to use the small vertical plastic ones to put in the vertical joints. Is it best to fit these now and stick them out 10 or 15mm to allow for the render or should I just leave gaps between the blocks and fit them later? DIY how to tutorial projects and guides - Did you know we have a DIY Projects section? Well, if no, then we certainly do! Within this area of our site have literally hundreds of how-to guides and tutorials that cover a huge range of home improvement tasks. Each page also comes with pictures and a video to make completing those jobs even easier!

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Chemistry - A synthetic analogue of prostaglandin Falpha, fluprostenol sodium occurs as a white or almost white hygroscopic powder that is soluble in water and alcohol. The drug’s potency is expressed in terms of fluprostenol; 52.4 micrograms of fluprostenol sodium is equivalent to 50 micrograms of fluprostenol. Storage/Stability/Compatibility - Fluprostenol should be stored in airtight containers and protected from light. The manufacturer recommends discarding any unused product after opening the vial. Pharmacology - Fluprostenol exhibits pharmacologic effects similar to those of the other agents in this class. Effects on the female reproductive system include stimulation of myometrial activity, relaxation of the cervix, inhibition of steroidogenesis by corpora lutea, and potential lysing of corpora lutea. Fluprostenol reportedly has less smooth muscle stimulant activity and, therefore, may be safer to use to induce parturition in the mare. Uses/Indications - The labeled indications for fluprostenol are to synchronize estrus for breeding management and for postpartum breeding. Suggested therapeutic uses by the manufacturer include: induction of luteolysis following early fetal death and resorption; termination of persistent diestrus; termination of pseudopregnancy; termination of lactational anestrus; establishing estrous cycles in barren/maiden mares; and to determine if a mare is cycling. The drug has also been used as an induction agent for parturition and as an abortifacient. Pharmacokinetics - No information was located for this agent. Contraindications/Precautions - Fluprostenol should not be used in pregnant mares unless parturition induction or abortion is desired. It should also not be used in mares with acute or sub-acute disorders of the GI tract or respiratory disease. The manufacturer states that mares receiving non-steroidal antiinflammatory drugs should not receive fluprostenol, as this drug can inhibit the synthesis and release of prostaglandins. The clinical significance of such an interaction is in doubt, however. The manufacturer recommends conducting a through breeding exam prior to the use of this drug. Adverse Effects/Warnings - In horses, sweating, increased respiration, mild abdominal discomfort, uneasiness and defecation may be seen after fluprostenol injection. Adverse effects are more likely at doses above those recommended by the manufacturer. See the warnings regarding the handling of the agent under Client Information below. Overdosage - No specific information was located. It would be expected that mild overdoses would result in the adverse effects listed above (sweating, diarrhea, increased respiratory rate). The animal should be treated supportively if necessary. Drug Interactions - Other oxytocic agents’ activity may be enhanced by fluprostenol. Reduced effect of fluprostenol would be expected with concomitant administration of a progestin. Manufacturer’s suggested dosage for all labeled indications (see above or package insert): a) 0.55 micrograms/kg (average dose 250 micrograms or 5 ml) IM To induce parturition in the mare: a) 2.2 micrograms/kg (0.0022 mg/kg) IM; delivery generally occurs in about 4 hours (Carleton and Threlfall 1986) b) Pony mares 250 micrograms IM, full-sized mares 1000 micrograms IM. First stage of labor ensues in 30 minutes, onset of second stage labor occurs in about 1/2 -3 hours. Duration of second stage labor varies from about 5-35 minutes. Author recommends further studies before recommending procedure. (Hillman 1987) As an abortifacient: a) Prior to the 12th day of pregnancy: 250 micrograms IM (Lofstedt 1986) b) Prior to day 35 of gestation: 250 micrograms IM one time; after day 35: 250 micrograms IM daily for 3-5 days are required. (Squires and McKinnon 1987) For estrus synchronization in normally cycling mares: a) Two injection method: On day 1 give 250 micrograms (Note: The text from this reference reads: 0.250 micrograms; it is believed that this is an error as the manufacturer’s recommended dose is approximately 250 micrograms) and again on day 16. Most (60%) mares will begin estrus 4 days after the second injection and about 90% will show estrous behavior by the 6th day after the second injection. Breed using AI every second day during estrus or inseminated at predetermined times without estrus detection. Alternatively, an IM injection of HCG (2500-3300 Units) can be added on the first or second day (usually day 21) of estrus to hasten ovulation. Breed using AI on days 20, 22, 24, and 26. This may be of more benefit when used early in the breeding season. (Bristol 1987) Client Information - Fluprostenol should only be used by individuals familiar with its use and precautions. Pregnant women, asthmatics or other persons with bronchial diseases should handle this product with extreme caution. Any accidental exposure to skin should be washed off immediately using soap and water. Dosage Forms/Preparations/FDA Approval Status/Withholding Times - Fluprostenol sodium for Injection, equivalent to 50 micrograms/ml fluprostenol in 5 ml vials; Equimate® (Bayer); (Rx) Approved for use in horses. It is not for use in horses intended for food. Human-Approved Products: None Disclaimer: the information on this page is used entirely at the

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CC-MAIN-2016-30

http://www.elephantcare.org/Drugs/fluprost.htm

2016-07-26T12:07:27Z

s3://commoncrawl/crawl-data/CC-MAIN-2016-30/segments/1469257824853.47/warc/CC-MAIN-20160723071024-00222-ip-10-185-27-174.ec2.internal.warc.gz

en

On Thursday, October 31 at 11:00 a.m. ET, the Economic Policy Institute will release a new report and hold a panel discussion on the study, which reveals a broad state-by-state effort to undermine wages and labor standards for all workers. Gordon Lafer, EPI research associate and associate professor at the University of Oregon, will present his new report The Legislative Attack on American Wages and Labor Standards, 2011–2012, in which he shows how over the past two years state legislators across the country have launched an unprecedented series of initiatives aimed at lowering labor standards, weakening unions, and eroding workplace protections for both union and non-union workers. Virginia Delegate Patrick A. Hope (D-Arlington) will provide his perspective on the influence of corporate lobbies on state legislators, and EPI Vice President Ross Eisenbrey will deliver introductory remarks. Washington Post reporter Niraj Chokshi will moderate. EPI board member and Congressional Progressive Caucus Chair Rep. Keith Ellison (D-Minn.) is invited. Some of the report’s key findings include: - Four states have passed laws restricting the minimum wage, four lifted restrictions on child labor, and 16 imposed new limits on benefits for the unemployed. - States also passed laws stripping workers of overtime rights, repealing or restricting rights to sick leave, undermining workplace safety protections, and making it harder to sue one’s employer for race or sex discrimination. - Legislation has been pursued making it harder for employees to recover unpaid wages (i.e., wage theft) and banning local cities and counties from establishing minimum wages or rights to sick leave. To RSVP and receive an embargoed copy of the report, email firstname.lastname@example.org. Follow the event on Twitter with the hashtag #DefendWorkers. What: Release event and panel discussion on new EPI report, The Legislative Attack on American Wages and Labor Standards, 2011–2012 Who: Gordon Lafer, EPI Research Associate and associate professor at the University of Oregon. Rep. Keith Ellison (D-Minn.), EPI board member and Congressional Progressive Caucus Chair (invited), Virginia Delegate Patrick A. Hope (D-Arlington), EPI Vice President Ross Eisenbrey, Niraj Chokshi, reporter, Washington Post Where: Economic Policy Institute 1333 H Street, NW Suite 300 When: Thursday, October 31st at 11:00 a.m. ET

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CC-MAIN-2016-30

http://www.epi.org/press/media-advisory-epi-release-report-unprecedented/

2016-07-26T12:08:23Z

s3://commoncrawl/crawl-data/CC-MAIN-2016-30/segments/1469257824853.47/warc/CC-MAIN-20160723071024-00222-ip-10-185-27-174.ec2.internal.warc.gz

en

Pros: User friendly, reliable, durable Cons: none so far This Simplicity Easy Lock Serger SL370 is my first serger, so I can't compare it to others. However, I have used it for about 1-1/2 years now, and love using it. It seems durable, consistent in operation and results, and the instructions are easy to follow. I have used it on everything from delicate fabrics to fleece and heavy terry. People told me sergers are difficult to thread, but I have found that if I use the methods recommended in the manual, it goes smoothly and I change thread colors frequently. I have used the machine a lot, and am very happy with it. I have been so impressed with the quality of this serger that I recommended a Simplicity brand sewing machine to my daughter-in-law as her first machine, rather than have her get a new low-end Singer with plastic parts for the same price. For my other sewing projects, I use a 50 year old Singer in a cabinet.

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CC-MAIN-2016-30

http://www.epinions.com/review/hmgd-Large_Appliances-All-Sewing_Machines-Simplicity_Serger_Easy_Lock_Sewing_Machine_Model_SL370/22098798/83449908868

2016-07-26T12:14:05Z

s3://commoncrawl/crawl-data/CC-MAIN-2016-30/segments/1469257824853.47/warc/CC-MAIN-20160723071024-00222-ip-10-185-27-174.ec2.internal.warc.gz

en

Enterprise Mobility: Apple iPhone's Top 10 Grossing Apps in 2010 Apple has released a list of its top-grossing iPhone apps in 2010. Perhaps unsurprisingly, the list is dominated by entertainment apps, particularly games. Of the more productivity-related programming, iPhone and iPod Touch users evidently placed a high premium on navigation, shelling out $50 for the TomTom U.S.A. app, optimized for the iPhone 4, and free worldwide VOIP (voice over IP) calls. Baseball also ranked high, with many users downloading the MLB.com At Bat app. Despite a growing challenge from Google Android, Apple remains strong in the consumer smartphone space. Third-party developers have flocked to the company's App Store as a revenue generator, populating the online storefront with hundreds of thousands of apps. As a result, an app exists for many of life's tasks big and small. Faced with such a galaxy of choice, though, most iPhone and iPod Touch owners seem to want apps for one vital, all-consuming function: blowing zombies to smithereens.

<urn:uuid:5d84931c-90b9-4329-a8e0-5a6bb395f6b4>

CC-MAIN-2016-30

http://www.eweek.com/c/a/Mobile-and-Wireless/Apple-iPhones-Top-10-Grossing-Apps-in-2010-203548

2016-07-26T12:16:54Z

s3://commoncrawl/crawl-data/CC-MAIN-2016-30/segments/1469257824853.47/warc/CC-MAIN-20160723071024-00222-ip-10-185-27-174.ec2.internal.warc.gz

en

One thing I love to make and experiment with is waffles, they are so simple plus most kids and adults love them! This past week, I thought I would get a little creative and add some orange and cinnamon that I had on hand to make these waffles. They were delightful topped with your favorite syrup! The first time I made these I added xanthum gum to the recipe on top of the gluten free flour, I quickly learned that was a bad idea. The waffles tasted great, but xanthum gum holds ingredients together so it was extremely tough to cut through the waffles. If you are making these with your own flour mix then you would likely need the xanthum gum. I used King Arthur All Purpose flour and the xanthum gum is already in the flour. Let’s get to this recipe! - 1 2/3 Cup Rice Milk - 1/2 Cup Applesauce - 2 Tbsp Orange Juice - 1 Tbsp Orange Zest (Zest from 1 large orange) - 2 Cups Gluten Free Safe Flour - 2 Tbsp Brown Sugar - 1 Tbsp Baking Powder - 1/2 Tsp Ground Cinnamon - 1/2 Tsp Ground Ginger - Fresh Squeezed Orange (Optional) Start by preheating the waffle iron. Next, combine all the ingredients in a large stand mixer or large bowl. I squeezed the juice from 1/4 of an orange in the mix as well, this is optional. Continue mixing the ingredients until they are formed into a smooth consistency. Continue making these by pouring a small amount of the mixture onto the heated, greased waffle iron and cook until brown according to the instructions with your waffle iron. This made 6 Belgian style waffles. As always be sure to check all ingredients and eat what is safe for you and your family! Enjoy!

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CC-MAIN-2016-30

http://www.foodallergyeats.com/2012/03/cinnamon-orange-waffles/

2016-07-26T12:05:31Z

s3://commoncrawl/crawl-data/CC-MAIN-2016-30/segments/1469257824853.47/warc/CC-MAIN-20160723071024-00222-ip-10-185-27-174.ec2.internal.warc.gz

en

Rumor: PS4 Virtual Reality headset to be revealed at GDC Sony's PlayStation 4 virtual reality headset is rumored to be revealed at Game Developers Conference next month. Late last year, two patents regarding the virtual reality headset surfaced: one leaking a head-mounted display, and a second for an audio system that blocks outside noise. Sony was expected to reveal the headset at the Tokyo Game Show, but opted to "tweak and polish" it instead. According to TechRadar's "inside source," who claims to have spent time with the helmet behind closed doors, people will "definitely be impressed" with Sony's new headset. "The quality and resolution are really, really good," the tipster said. GDC is to take place next month from March 17 thorugh March 21.

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CC-MAIN-2016-30

http://www.gamezone.com/news/rumor-ps4-virtual-reality-headset-to-be-revealed-at-gdc

2016-07-26T12:35:12Z

s3://commoncrawl/crawl-data/CC-MAIN-2016-30/segments/1469257824853.47/warc/CC-MAIN-20160723071024-00222-ip-10-185-27-174.ec2.internal.warc.gz

en

Whiplash - PS2 - Preview E3 2003 - First Look “Here’s another example of human barbarism – the hamster cannon. Now that’s just plain mean!” Bam! A hamster is fired across the room and sticks on the velcro-looking target on the wall. Mean? Oh yes. Funny – in a guilty sort of way. Whiplash is a pending release from Eidos Interaction and Crystal Dynamics and is slated for release on the PlayStation2 and Xbox. The game was demonstrated at E3 in Los Angeles and follows the adventures of Spanx and Redmond who have escaped from forced labor in a animal product-testing lab and are bent on escape. Not only are they trying to get free, but they are trying to get as many of their fellow animals freed as well. There is just one hitch – they are chained together, and hence the program gets its title. Players perform as Spanx, a demented weasel-looking character. The foil and disgruntled tool is Redmond, a rabbit that is abused likely more than the product testers ever dreamed. Spanx using the chain that bind them to whip Redmond through obstacles and into enemies. Game features include a variety of puzzles and enemies, including lab technicians, crooked rent-a-cops, and the corrupt CEO of the corporation. If successful, you can drive the company into bankruptcy. Graphically this game is very good, with solid effects and smooth animation. The sound is also well done. The charm of this game is in the frenetic action of the principal characters. Reactions from lab techs being clubbed by the whipped Redmond (who is also used to clog a toilet on occasion to flood a level) is wonderful. This game is a humane society’s nightmare, but it plants tongue firmly in cheek, disregards conventions and has a good time. What more can you ask from a game?

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CC-MAIN-2016-30

http://www.gamezone.com/previews/whiplash_ps2_preview

2016-07-26T12:32:59Z

s3://commoncrawl/crawl-data/CC-MAIN-2016-30/segments/1469257824853.47/warc/CC-MAIN-20160723071024-00222-ip-10-185-27-174.ec2.internal.warc.gz

en

Wheeled Loading Shovels Don't get in the way of one of these fellas, they're as strong as they are massive! Just look at that shovel on the front - you and your mates could have a party in there, and still have room to spare, so imagine how much stuff they can move around in one day! People use these for everything from road gritting to recycling, because they can carry just about anything anyone wants them to. Check out those wheels too, they can take you anywhere you want to go, and fast! Where are you most likely to see a JCB Wheeled Loader?

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CC-MAIN-2016-30

http://www.jcbexplore.com/content/info_zone/jcb_machines/wheeled_loading_shovels/

2016-07-26T12:14:34Z

s3://commoncrawl/crawl-data/CC-MAIN-2016-30/segments/1469257824853.47/warc/CC-MAIN-20160723071024-00222-ip-10-185-27-174.ec2.internal.warc.gz

en

“If I had eight hours to chop down a tree, I'd spend six hours sharpening my ax” ~ Abraham Lincoln Prepare: to make ready beforehand for some purpose, use, or activity Athletes do it. Sports teams do it. Airline pilots do it. Professional speakers do it. Musicians do it. Event planners do it. Successful people do it. It's not always fun. In fact, sometimes the hours may seem long. And it might not feel like you're making any progress. Yet, success comes from preparation. The hours you spend preparing make for more positive, more uplifting, more successful hours in the time when it counts. Plan For Success Part of the preparation phase is planning for success. This is about getting yourself into a state of belief. Belief in yourself, and that you can accomplish the task before you. To take this one step further, beyond a belief in yourself, it's also believing you can be excellence. We see what we tell ourselves is real. “Whatever the mind can conceive and believe, the mind can achieve.” ~ Napoleon Hill During your preparation, it's important to focus. Focus on what's important to know and do. Focus on those things that you'll need to do to be successful. Work on them until you feel good about where you are. And no matter what it is you're preparing for, look at both the mental and physical realms that will need your focus. Understand what you are preparing for. Ask yourself the question "Do I know what it is I'm trying to accomplish?". Answer it honestly. If your answer doesn't make sense, or if it seems out of alignment with what you see the end result is, then focus more on understanding the scope of what you're tackling. Sometimes tasks/projects/games can be ambiguous. When you encounter ambiguity, take the time to understand. Understanding will then lead back to the focus you need to continue on. Preparation isn't all about seeing how fast you can get it all done. It's more important to focus on doing it right. Prepare for success by pacing yourself. This might mean going over one particular area many times, in an effort to get it "right". That's okay. Prep time is exactly for that – for smoothing out the rough edges. If you do all the steps above, you are ready for the big "game". Success will be waiting for you there. Remember also that at "game" time, as much as you've prepared, you may still be faced with something you hadn't thought of. That's okay. You do the best you can given what you know. Will you succeed? That's a question only you can answer. Success is waiting. This is a journey we're on. And one worth keeping at. Through it all, remember why it is you're doing these things you're doing. Whatever it is, it should be something you want to do. Your moment is now! Find those things in life that have meaning to you. And as you're getting ready to do these things – prepare. Prepare and put it all out there on the table. No regrets! This is your life. Be great! by Lance Ekum

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CC-MAIN-2016-30

http://www.jungleoflife.com/the-importance-of-preparation/

2016-07-26T12:12:25Z

s3://commoncrawl/crawl-data/CC-MAIN-2016-30/segments/1469257824853.47/warc/CC-MAIN-20160723071024-00222-ip-10-185-27-174.ec2.internal.warc.gz

en

Just wondering if anyone's used Chelated Iron (12-0-0) in their PG? I'm gonna be running some through tomorrow, and am sure that I won't get a response about this until after I do it, but I was going to see how my results run up against any else's? I realize that the water volume may not be up to par, as with Primo Maxx, but I'm trying these things out to see how the results are, until these companies start putting out info on mix rates to run with these machines or until I realize they just don't work the way I'd like them to. So, if you all have any experiences, I'd sure appreciate it. Thanks.

<urn:uuid:a4dd4e5e-7581-476d-b31b-cbba2b96e33f>

CC-MAIN-2016-30

http://www.lawnsite.com/threads/chelated-iron-pg.75649/

2016-07-26T13:36:01Z

s3://commoncrawl/crawl-data/CC-MAIN-2016-30/segments/1469257824853.47/warc/CC-MAIN-20160723071024-00222-ip-10-185-27-174.ec2.internal.warc.gz

en

Hope you are well rested after a long weekend full of lots of good food and time with family and friends! Whew! I know we are thankful that Thanksgiving is on a Thursday, because we needed every minute of that long weekend! ;) But this morning we are back at it and feeling more energized than ever! Over the weekend we took some time to really concentrate on slowing down and being present. We worked hard earlier in the week to get all of our work done so that we could concentrate on being present in the moment! However, I must admit, we still struggled. It is so hard for us to take a break. (Yes, that is a good thing because we are incredibly passionate about what we do… but it is also a challenge because letting our bodies and minds rest is SO IMPORTANT! Plus, we owe it to our family and friends that surround us… they deserve 100% of us!) It is easy to get caught up in that To-Do list that is never ending (especially with the holidays upon us) or lose track of the conversation that is happening right next to you because Facebook is filling you in on the latest (not as important) news. We are guilty too! However, this week we invite you to focus with us on slowing down and being present. Turn off social media when you are surrounded by your loved ones, delete items on your To-Do list that are actually impossible to get done (Note to self: Honestly, if they are that important they will get done at some point- no reason to stress yourself out over it!), and add one really important task to your list that forces you to slow down. Maybe it is “go to the gym,” or “go to yoga,” or “write in your journal”… whatever it may be that will help you slow down, write it on your To-Do list. You owe it to yourself to make it a priority to slow down and be present! Have an AMAZING week! *Side Note: This will be our last Amazing Life Manifesto Video for the year! Whoa… that seems crazy to say! lol. But we have a December full of AMAZINGNESS that we are so excited to share with you! Stay Tuned!

<urn:uuid:950f8051-0fd3-4267-b308-d69879b36fc7>

CC-MAIN-2016-30

http://www.lizandryan.com/amazing-life-manifesto-slow-down-and-be-present/

2016-07-26T12:07:51Z

s3://commoncrawl/crawl-data/CC-MAIN-2016-30/segments/1469257824853.47/warc/CC-MAIN-20160723071024-00222-ip-10-185-27-174.ec2.internal.warc.gz

en

Code covered by the BSD License Download apps, toolboxes, and other File Exchange content using Add-On Explorer in MATLAB. » Watch video Daniel Armyr (view profile) 09 Apr 2013 Interactive demo of the 2d wave equation. This file was selected as MATLAB Central Pick of the Week Watch this File An interactive demo of the 2D wave equation. Uses MATLAB code with optional GPU acceleration for real-time performance. Either runs interactively, click anywhere to poke the surface and generate a new wave, or let the program do it by itself.

<urn:uuid:6a68d0ed-5fca-446c-b469-f69913117065>

CC-MAIN-2016-30

http://www.mathworks.com/matlabcentral/fileexchange/41080-2d-wave-equation

2016-07-26T12:43:52Z

s3://commoncrawl/crawl-data/CC-MAIN-2016-30/segments/1469257824853.47/warc/CC-MAIN-20160723071024-00222-ip-10-185-27-174.ec2.internal.warc.gz

en

Springy Thing Embossed Paper Pack Designer: Lindsay Jane Categories: Paper Packs Blue, Gray, Purple, Tan, Yellow, Lindsay Jane, Family, Kids, Outdoors, Spring Tags: Springy Thing Embossed Paper Pack, Yellow, Blue, Gray, Purple, Lavender, Outdoors, Kids, Family |Add to Cart Add to Favorites Tell a Friend| Add to Cart Springy Thing Embossed Paper Pack. These solid colors coordinate with Springy Thing Embellishment Pack, Paper Pack,Frame Pack and Border Pack. VERSION 2 OR HIGHER *** Please refer to QuickMix download speeds/times before purchase: 1. This QuickMix design is a downloadable purchase only. Download times may vary. 2. MemoryMixer Software required. Buy MemoryMixer Software Now.

<urn:uuid:c229f4e6-ac15-43b1-82fe-86d9ca051d1a>

CC-MAIN-2016-30

http://www.memorymixer.com/catalog/designs/3020-Springy-Thing-Embossed-Paper-Pack

2016-07-26T12:11:30Z

s3://commoncrawl/crawl-data/CC-MAIN-2016-30/segments/1469257824853.47/warc/CC-MAIN-20160723071024-00222-ip-10-185-27-174.ec2.internal.warc.gz

en

The Williamsport Crosscutters are again seeking local families to assist in housing players during the 2013 baseball season. Anyone can help provide lodging for this year's Cutters by either providing space or renting a room, apartment, or home. While many host families come back year after year, the team is always looking to add to their list of availabilities for the players. "Host Families play a crucial role in helping young players feel comfortable in a new environment", said Crosscutters Vice-President of Marketing Gabe Sinicropi. "I also know that those who have hosted players in the past have had incredibly wonderful experiences. With players coming and going throughout the season, we have constant needs as far as housing." The 2013 season runs from June 17 until September 4 and players typically range from 18-23 years of age. Anyone in need of more information on becoming a Host Family is invited to contact Jenny Lorson at (570) 326-3389 or firstname.lastname@example.org. Opening Night 2013, presented by Blue Cross of Northeastern Pennsylvania & KISS 102-7 takes place on Tuesday, June 18 and will feature a schedule magnet giveaway for the first 2,500 in attendance, a chance for fans to trade in old Williamsport Outlaws gear for a new Cutters t-shirt and other opening night festivities. Season tickets, bonus books, group packages and single game tickets are currently available and can be purchased online at www.crosscutters.com or by calling the Cutters Hotline at (570) 326-3389.

<urn:uuid:0fe114df-e5d2-44df-b13b-fdf61c33f8e3>

CC-MAIN-2016-30

http://www.milb.com/news/article.jsp?ymd=20130522&content_id=48278146&fext=.jsp&vkey=news_t449

2016-07-26T12:22:56Z

s3://commoncrawl/crawl-data/CC-MAIN-2016-30/segments/1469257824853.47/warc/CC-MAIN-20160723071024-00222-ip-10-185-27-174.ec2.internal.warc.gz

en

On his best days and on days that are a struggle, Angelo Gumbs is prepared to work. That makes performances like Thursday's even sweeter when they come along. The Yankees infield prospect Gumbs blasted two home runs and drove in four, season highs in both categories, as Class A Advanced Tampa held off a late Brevard County rally for a 6-4 win at Steinbrenner Field. Ranked New York's No. 7 prospect going into the 2013 season, Gumbs slumped to a .213 average and a .593 OPS in 91 games between Class A Charleston and Tampa. Thursday night, he looked more like the player the Yankees were hoping for when they selected him in the second round of the 2010 Draft. Gumbs gave Tampa the lead by belting a two-out, two-run jack in the second inning, his first blast since homering on back-to-back days on July 16-17. He followed that with a sacrifice fly for the second run of the Yankees' fourth. "There were a couple of tough calls [umpire Matt Winter] made," Gumbs said of his second trip to the plate. "I felt like the count should've been 3-0, but instead it was 1-2. Although that happened, I knew I couldn't let it affect my at-bat. So I just stayed looking for a fastball out over the plate to try and drive it deep and get the run in. It happened to work out that way." After grounding out sharply in the sixth, the second baseman added his second home run, a leadoff shot in the eighth. "I just felt good at the plate," he said. "No matter what the count was, no matter what the situation was, I was just focused on getting a good pitch and putting the best swing I can on it. "I don't think there was an at-bat tonight when I didn't hit the ball hard. In my third at-bat, I hit a bullet to the third baseman. [Brandon Macias] dove, grabbed it, threw it to first, so I had to tip my hat to him even though I was a little hurt about it," he added with a laugh. The multi-hit night marked Gumbs' third such performance in his last eight games. The 21-year-old also collected his first multi-homer game since he played for short-season Staten Island. On June 29, 2011, he went yard twice against Aberdeen. "He's still trying to grow as a hitter and try to figure himself out and find out what works for him, what approach works for him, what routines work for him," Tampa hitting coach P.J. Pilittere said. "Tonight was a bit of a mini-accumulation of all the work that he's put in. It was really exciting to see him go out there, hit four balls on the button tonight and get some results, because he definitely has been putting in the work." While Gumbs spearheaded the Tampa attack at the plate, 19-year-old lefty Ian Clarkin (1-0) delivered five quality innings in his first Florida State League start. The 33rd overall pick in the 2013 Draft allowed one run on seven hits and a walk while striking out four. "He was making pitches when it mattered," Gumbs said. "Sure, he would fall behind a few batters, but he eventually locked it in. He competed. The biggest thing for him is not trying to be perfect. Just be the best that you can be. We've got eight other guys out there that are trying to help you get this out. He pitched a good, healthy five innings to get us where we needed to be." The Manatees rallied to close their deficit to two runs in the ninth, but Alex Smith got the final two outs to pick up his second save.

<urn:uuid:ad47ce36-2a8e-483b-8710-f760bf79e1bb>

CC-MAIN-2016-30

http://www.milb.com/news/article.jsp?ymd=20140808&content_id=88534610&vkey=news_milb&fext=.jsp

2016-07-26T12:15:52Z

s3://commoncrawl/crawl-data/CC-MAIN-2016-30/segments/1469257824853.47/warc/CC-MAIN-20160723071024-00222-ip-10-185-27-174.ec2.internal.warc.gz

en

Nissan Leaf battery warranty upgraded in US, first to cover capacity loss So Nissan upgraded the warranty to ensure if you go below 9 bars, that they'll restore it to 9 bars: http://green.autoblog.com/2012/12/27/ni ... city-loss/ It's in the right direction, but I'm not sure about the 9 part! If you could pay a little extra (less than $1k or $2k) to go to 11 or 12, then I think it'll be ok. Brave new world!

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CC-MAIN-2016-30

http://www.mynissanleaf.com/viewtopic.php?f=27&p=253854

2016-07-26T12:12:57Z

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en

At our first port of call (Grand Turk) during our honeymoon (Oct. '09) my husband and I hit the beach for some swimming. After we got out of the water he looks down at his bare ring finger and says "Oh 'shoot,' my wedding ring!" We sadly walked back to the beach so he could look around the water for it. I'm not a pessimistic person, but I told him to just forget about it. His ring came off in the Atlantic Ocean, what are the chances of finding a ring in the Atlantic Ocean? He went in the water to look, and I laid back in a beach chair to relax. About 15 minutes later I hear him exclaim "I found it!" and I look up to see him holding the ring in his hand with a smile on his face. He is a very determined man, and that's part of why I love him. The moral of the story? When something seems impossible, and everyone is telling you to give up... keep pressing on, you can find your ring in the sea.

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CC-MAIN-2016-30

http://www.nesheaholic.com/2011/06/never-give-up-there-are-plenty-of-rings.html

2016-07-26T12:05:47Z

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en

North American term for coyote. - While the 30-caliber 110-grain bullet is short on sectional density and ballistic coefficient, it shoots surprisingly flat, delivering more than enough energy to topple the biggest prairie wolf on the plains at 300 yards or so. - At the bottom of the bluffs I made my way across a terrace plush with yellow grass as high as a prairie wolf's eye, mindful of the open wells and basements that riddle these old towns. - She has warmly wrapped her heart around 11 honky-tonk torch songs with more authentic wails than a lonesome prairie wolf. For editors and proofreaders Line breaks: prairie wolf Definition of prairie wolf in: What do you find interesting about this word or phrase? Comments that don't adhere to our Community Guidelines may be moderated or removed.

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CC-MAIN-2016-30

http://www.oxforddictionaries.com/definition/english/prairie-wolf

2016-07-26T12:25:06Z

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en

The application is not time-crtical, but why insert a bug when you can avoid it. [emphasis added] The tone of this sentence implies that avoidance of this particular bug is essentially cosmetic and more or less optional. It's not just theoretically possible; it will eventually happen that successive calls to localtime occur on successive days. This will produce impossible dates (e.g., 31 April) or dates that are 'off' by a month or as much as a year (e.g., 31 Dec 2012 vice 31 Dec 2011). But if the application can tolerate dates that are impossible or wildly inaccurate, why bother with dates at all?

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CC-MAIN-2016-30

http://www.perlmonks.org/?node_id=963021

2016-07-26T12:18:43Z

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en

Make your memories of remarkable events last forever. Order photos from the comfort of your home and pick them up at the petrol station counter. More > The petrol station enables our customers to send and receive fax messages. Ask your favourite shop assistant! Do you like to drink a nice cup of coffee? You can enjoy one on the way. We offer you the best Slovenian coffee Barcaffe. More > Supply your household with liquefied petroleum gas in cylinders. You can choose between different types of cylinders; their replacement is fast, convenient and easy. More > Filling stations with diesel. Filling spot with a non-cash payment machine - fill your tank, pay and drive off. Euroshell - Payment card for legal persons. hot tea to go available in various flavours Bar with drinks and warm beverages. Machine with six reasonably priced beverages (coffee, cocoa, tea). A specially chosen selection of freshly-prepared food and goods that require further baking. Goods and services can be paid for with foreign currencies. 24h cash withdrawal from the ATM. Sending and receiving faxes. Public telephone card booth. The card can be purchased in the sales area. Sales of all kinds of vignettes for Austrian motorways. Free Wi-Fi wireless internet access. Your photographs that have been sent for developing from your computer can be collected here. Sales of gas in cylinders for household purposes. Filling stations with heating oil - use containers prescribed by law.

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CC-MAIN-2016-30

http://www.petrol.eu/gas-stations/detail/532

2016-07-26T12:09:49Z

s3://commoncrawl/crawl-data/CC-MAIN-2016-30/segments/1469257824853.47/warc/CC-MAIN-20160723071024-00222-ip-10-185-27-174.ec2.internal.warc.gz

en

Date: Wednesday, April 28th, 2010, 03:32 Category: News, Processors Late Tuesday, the New York Times confirmed a rumor that Apple had purchased Intrinsity, a privately owned ARM chip design firm. Citing “people familiar with the deal,” the report also included an estimated US$121 million purchase price, provided by Tom R. Halfill, an analyst with Microprocessor Report. Apple spokesman Steve Dowling indirectly confirmed the purchase, stating that the the hardware maker “buys smaller technology companies from time to time.” However, he added that Apple does not reveal “purpose or plans” with any acquisition. Sources close to the story also confirmed to the Times that Intrinsity helped to design the custom A4 processor found in the recently released iPad. Weeks ago, one analyst suggested that only Intrinsity could have delivered the A4 processor with its snappy 1GHz clock speed. The Cortex-A8 reference design on which the A4 is based can only be clocked up to 650MHz. In early April, rumors first surfaced that Apple purchased Intrinsity to help build the A4 chip. Evidence to support the acquisition surfaced when a number of Intrinsity employees changed their company status on LinkedIn to Apple on the first of the month. The purchase follows similar acquisitions and in 2008, Apple also bought fabless chip designer P.A. Semi for US$278 million in 2008. Apple also bought a 3% stake in 2008 in Imagination Technologies, maker of the PowerVR mobile graphics chip found in the company’s mobile devices, including the iPhone. Last year, Apple bumped its share to 9.5%. In addition to partnering with Apple, Imagination also competes with ARM Holdings, which makes the reference designs for chips that power the iPhone, iPod touch and iPad.

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http://www.powerpage.org/apple-purchased-of-chip-maker-intrinsity-confirmed/

2016-07-26T12:23:47Z

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en

SHERLOCK SHERLOCK HOLMES 4.5IN VINYL FIG TITAN BOOKS UK From Titan Books UK . From Hartswood, BBC and Titan Merchandise! Celebrate Baker Street's foremost overcoat- and scarf-wielding consulting detective with this debut-deco 4 1/2" window-boxed Titan! Each piece comes standing in front of an exclusive 221B Baker Street diorama interior, accompanied by Sherlock's contemporary magnifier accessory! Window box packaging. In Shops: Feb 10, 2016

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CC-MAIN-2016-30

http://www.previewsworld.com/Catalog/OCT152685

2016-07-26T12:12:51Z

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en

yeah i saw his pink name in my brit thread. made me lol. have fun with is bipolar ****. i almost want kwes back well yeah, a molly/fb/you and nox combo has been replaced.... with a jaeger so yeah, hows the sub thread going . money well spent im sure well for once you heard right yo squirrelfag, i heard it was yo birfday! stole my gag on behemo birthday wishes yeah had a ****ing awesome time. wet tshirt competitions ftw. especially when the prize is a holiday so the girls do everything they can to win. 69'ing each other ftmfw. even better seeing as I pulled one of them (eventually winner) couple nights before. my mates have told me that i must have been that bad i turned her lesbian and yeah im still recovering, got a cold on the last day, and its pretty grim. having to work hasnt done me much good either fookin **** lack of notifications around here!! only just saw this. you have a good hol then? still recovering? yo topfag, i heard it was your birthday while i was away. you can rest assured that I was partying, and I think i can spare one of the drinks for you

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http://www.psu.com/forums/converse.php?u=92490&u2=50230&page=2

2016-07-26T12:48:01Z

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en

And, they haven't had to use any racial profiling. 06-11-2010, 09:50 PM About 9 of 10 that I'm aware of have headed to the 'Cereal' State. And, yes many are not waiting for the laws' implementation. On a side note....had lunch with a PD friend of mine (hispanic) and neither he nor my son have had their formal 'non racial profiling' training yet. 06-11-2010, 10:00 PM Make room California, here they come!;-) 06-11-2010, 10:43 PM Look's like some are headed to NM too. Oh well, what the hell? While everybody was sleeping, the reconquista took place... OMG, we might soon have Mexicans in New Mexico. Rosetta Stone regards, Que no? 06-12-2010, 10:08 AM Not racial profiling here, but the huge majority of those arrested were legal as well as illegal Hispanics. by U.S. Marshals Service / KREM.com Posted on June 10, 2010 at 8:05 AM Updated today at 11:58 AM •SLIDESHOW: Mug shots of fugitives .See all 17 photos » http://www.krem.com/news/Fugitive-ro...ry=y&c=y&img=0 SPOKANE, Wash. -- A U.S. Marshals-led multi-jurisdictional task-force concluded a two-day fugitive roundup operation in the Grant County area resulting in the arrest of more than 32 violent offenders. The operation, which began on June 7, focused on apprehending individuals with warrants stemming from homicide and weapons charges to sex offenses and drugs. Among the items seized during the roundup included weapons; drugs; and stolen property. Task force members focused their efforts in Mattawa, Royal City, Quincy, Ephrata, Soap Lake, Moses Lake, and Warden; as well as rural parts of Grant and Adams counties. Agencies actively involved in this USMS led operation were: •Grant County Sheriff's Office •Washington State Department of Corrections •Spokane/FBI Gang Enforcement Team, •Bureau of Alcohol Tobacco Firearms and Explosives •U S Customs and Border Protection •U S Immigration and Customs Enforcement •Stevens County Sheriff's Office •Washington State Fish and Wildlife •Moses Lake Police Department •Chelan County Sheriff's Office •Spokane County Sheriff's Office •Washington State Patrol Additional agencies providing administrative support were the Quincy Police Department; Othello Police Department; Warden Police Department; Ephrata Police Department and the Adams County Sheriff's Department. 06-23-2010, 11:41 AM Could this be true? I know that it comes from a "slanted" Tea Party source, so it's possible that the presentation is biased. OTOH, the general popular support for the AZ law could prompt such an "alternative" plan to real Congressional action. The Obama administration is going to try to use and Executive Order to grant mass Amnesty because they see that they won't get an Amnesty Bill through the Congress. See details below: OBAMA ADMINISTRATION CONSIDERING EXECUTIVE-ORDER AMNESTY FOR MILLIONS BECAUSE CAN'T GET VOTES IN CONGRESS great success in keeping Congress from voting on a mass amnesty this year has stirred up a new threat. Seeing that most Members of Congress are scared to death to vote for an amnesty in an election year, Administration officials are working on ways to do a de facto amnesty without involving Congress. We at NumbersUSA have been hearing about this behind the scenes for a few weeks now but haven't had solid enough evidence to mount a national mobilization against. Now, the whispering has erupted with an open letter to the President from 8 U.S. Senators (see below my signature) spelling out the details known thus far. In a nutshell, there is discussion going on within the Administration about stopping nearly all deportations, presumably until "comprehensive immigration reform" can be passed to give illegal aliens full work and residency rights permanently. I am guessing that this is what religious leaders were hinting at the Brookings conference I attended last week. They indicated that they had been talking with Administration officials about a way to help illegal aliens without having to deal with Congress. They then said they had better not say any more about it. U.S. Presidents have proven whether Republican or Democrat that they are capable of doing almost anything they please until they come up for re-election. Only an incredible outburst of outrage from the public can stop the Administration from doing a de facto amnesty all by itself. We want the White House to publicly promise that it will NOT unilaterally proclaim an amnesty. Short of that, we want to see the White House forced to deny over and over that such a plot is even underway. It is also unclear from the email whether the following letter from Senators has actually been sent, or is just "proposed": LETTER FROM 8 SENATORS Dear President Obama: We understand that there’s a push for your Administration to develop a plan to unilaterally extend either deferred action or parole to millions of illegal aliens in the United States. We understand that the Administration may include aliens who have willfully overstayed their visas or filed for benefits knowing that they will not be eligible for a status for years to come. We understand that deferred action and parole are discretionary actions reserved for individual cases that present unusual, emergent or humanitarian circumstances. Deferred action and parole were not intended to be used to confer a status or offer protection to large groups of illegal aliens, even if the agency claims that they look at each case on a “case-by-case” basis. While we agree our immigration laws need to be fixed, we are deeply concerned about the potential expansion of deferred action or parole for a large illegal alien population. While deferred action and parole are Executive Branch authorities, they should not be used to circumvent Congress’ constitutional authority to legislate immigration policy, particularly as it relates to the illegal population in the United States. The Administration would be wise to abandon any plans for deferred action or parole for the illegal population. Such a move would further erode the American public’s confidence in the federal government and its commitment to securing the borders and enforcing the laws already on the books. We would appreciate receiving a commitment that the Administration has no plans to use either authority to change the current position of a large group of illegal aliens already in the United States, and ask that you respond to us about this matter as soon as possible.

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CC-MAIN-2016-30

http://www.retrievertraining.net/forums/archive/index.php/t-56330.html

2016-07-26T12:17:11Z

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en

UPDATED AT 3:19 p.m. with police response. Margart Lin Owens, a 25-year veteran of the St. Louis Metropolitan Police Department's crime lab, has filed a whistleblower lawsuit, claiming she was unfairly terminated after complaining about a colleague's mistakes. Owens alleges that she twice identified "material errors" that a fellow chemist made regarding tablets that police officers had submitted as evidence to be tested. In both instances, she claims, her colleague failed to detect the presence of 1-benzylpiperazine, or BZP, a controlled substance similar to amphetamines. When Owens informed her superiors about the mistakes, they failed to take action against the other worker -- and, in fact, issued an "action form" making it clear the drugs would not be retested. One year later, according to the lawsuit, Owens was suspended. She was told that she was being "investigated" for making false claims against her colleague -- the woman she'd reported for missing the presence of BZP in evidence samples. In her whistleblower suit, filed by attorneys W. Bevis Schock and Hugh A. Eastwood of St. Louis, Owens acknowledges that her supervisor had informed her around that same time that she'd be written up for "insubordination" -- allegedly, she was "disrespectful and insubordinate by having successfully worked on numerous drug cases and an unsolved homicide/arson case, and not prioritizing drug cases," as she'd apparently been instructed. No word on why she was given such an instruction. Reached for comment, Schock told us, "This is a very important case for the future of our city." He declined further comment at this time. The police department sent us a lengthy prepared statement in response. Here's what they had to say: Since this involves a personnel matter, the Metropolitan Police Department is precluded from discussing the basis of these false allegations. However, it should be well-noted that the Metropolitan Police Department will vigorously defend against anyone's efforts to tarnish the reputation of our Forensic Crime Laboratory. The department's Forensic Crime Laboratory is among the most highly esteemed crime labs in the state. Our scientists are well-trained and operate under a strict code of ethics and our lab is accredited by ASCLD-Lab (the American Society of Crime Laboratory Directors Laboratory Accreditation Board). Our lab has also successfully undergone recent routine audits, including one performed by the FBI. When these allegations were first brought to our attention, the analyses in question were evaluated internally by several different supervisors. Each internal evaluation found that the analyses had been performed properly and that the initial findings were indeed correct. Though the department's Forensic Crime Laboratory supervisors are among the most highly respected forensic scientists in the metropolitan area, we voluntarily chose to send the analyses in question to another Missouri Forensic Crime Laboratory for independent review. In addition, we asked that lab to also evaluate an even larger sampling of cases to ensure accuracy in those analyses as well. Their independent review concluded each of the analyses had indeed been performed properly. The evaluations conducted by our own staff as well as a second, independent lab, clearly show that the allegations of improprieties are unfounded. Since this is a pending matter involving litigation that we intend to fight in court, we are unable to comment any further. Interestingly, Owens' suit notes that "other local labs were...commonly seeing BZP cases" at the time that her colleague failed to detect it. We have to wonder if these designer drugs are going to be the next big "thing" in St. Louis now that so-called bath salts are going to be much harder to obtain. h/t to www.courthousenews.com, which first spotted the lawsuit. Subscribe now to get the latest news delivered right to your inbox.

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CC-MAIN-2016-30

http://www.riverfronttimes.com/newsblog/2011/05/24/crime-lab-chemist-files-whistleblower-lawsuit-vs-st-louis-pd

2016-07-26T12:11:12Z

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en

There are a lot of changes happening in our lives right now. I’ll be blogging about the specifics of these changes soon. (Don’t worry our health is great and my dad is okay). In the interim, I’ve been thinking about the importance of embracing change. One way I do that is through photography and reading. Both activities inspire me and make me realize how lucky I am, even when things seem to be falling apart. For the last few days, I’ve been taking a lot of photos and reading some of my favorite quotes. Today, I wanted to share a few highlights with you. I hope you like the inspiration board! As always, I love hearing from you! How do you embrace unexpected life changes? Join the conversation on G+ or leave a comment below.

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CC-MAIN-2016-30

http://www.rowdykittens.com/2012/05/embrace-change/

2016-07-26T12:10:07Z

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en

"The US Food and Drug Administration (FDA) has approved atazanavir and cobicistat (Evotaz, Bristol-Myers Squibb) for treatment of adults with human immunodeficiency virus (HIV-1) infection. Atazanavir/cobicistat is a fixed-dos"... STRIBILD® is indicated as a complete regimen for the treatment of HIV-1 infection in adult patients who have no antiretroviral treatment history or to replace the current antiretroviral regimen in those who are virologically-suppressed (HIV-1 RNA < 50 copies/mL) on a stable antiretroviral regimen for at least 6 months with no history of treatment failure and no known substitutions associated with resistance to the individual components of STRIBILD [see Clinical Studies]. DOSAGE AND ADMINISTRATION The recommended dosage of STRIBILD is one tablet taken orally once daily with food [see CLINICAL PHARMACOLOGY]. Dosage Adjustment In Patients With Renal Impairment Initiation of STRIBILD in patients with estimated creatinine clearance below 70 mL per minute is not recommended. Because STRIBILD is a fixed-dose combination tablet, STRIBILD should be discontinued if estimated creatinine clearance declines below 50 mL per minute during treatment with STRIBILD, as the dose interval adjustment required for emtricitabine and tenofovir disoproxil fumarate (DF) cannot be achieved [see WARNINGS AND PRECAUTIONS, ADVERSE REACTIONS, Use In Specific Populations, CLINICAL PHARMACOLOGY, and Clinical Studies]. Dosage In Patients With Hepatic Impairment No dosage adjustment of STRIBILD is required in patients with mild (Child-Pugh Class A) or moderate (Child-Pugh Class B) hepatic impairment. No pharmacokinetic or safety data are available regarding the use of STRIBILD in patients with severe hepatic impairment (Child-Pugh Class C). Therefore, STRIBILD is not recommended for use in patients with severe hepatic impairment [see Use in Specific Populations and CLINICAL PHARMACOLOGY]. Testing Prior To Initiation Of STRIBILD Prior to initiation of STRIBILD, patients should be tested for hepatitis B infection [see WARNINGS AND PRECAUTIONS] and estimated creatinine clearance, urine glucose and urine protein should be documented in all patients [see WARNINGS AND PRECAUTIONS]. Dosage Forms And Strengths Each STRIBILD tablet contains 150 mg of elvitegravir, 150 mg of cobicistat, 200 mg of emtricitabine, and 300 mg of tenofovir disoproxil fumarate (tenofovir DF, equivalent to 245 mg of tenofovir disoproxil). The tablets are green, capsule-shaped, film-coated, debossed with “GSI” on one side and the number “1” surrounded by a square box ( 1 ) on the other side of the tablet. Storage And Handling STRIBILD tablets are green, capsule-shaped, film-coated, debossed with “GSI” on one side and the number “1” surrounded by a square box ( 1 ) on the other side. Each bottle contains 30 tablets (NDC 61958-1201-1), a silica gel desiccant, and closed with a child-resistant closure. Store at 25 °C (77 °F), excursions permitted to 15–30 °C (59–86 °F) (see USP Controlled Room Temperature). - Keep container tightly closed. - Dispense only in original container. - Do not use if seal over bottle opening is broken or missing. Manufactured and distributed by: Gilead Sciences, Inc., Foster City, CA 94404. Revised: Jul 2015This monograph has been modified to include the generic and brand name in many instances. Last reviewed on RxList: 2/10/2016 Additional Stribild Information - Stribild Drug Interactions Center: elvitegr-cobicist-emtric-tenof oral - Stribild Side Effects Center - Stribild FDA Approved Prescribing Information including Dosage Report Problems to the Food and Drug Administration You are encouraged to report negative side effects of prescription drugs to the FDA. Visit the FDA MedWatch website or call 1-800-FDA-1088. Get breaking medical news.

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CC-MAIN-2016-30

http://www.rxlist.com/stribild-drug/indications-dosage.htm

2016-07-26T12:32:38Z

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en

City promoted PIO's speaker business El Cajon has taken the link off its website after inquiry EL CAJON El Cajon has removed from its website a link to the city spokeswoman's personal website, where she advertised her services as a paid speaker, El Cajon City Manager Douglas Williford said. The removal comes a day after The Watchdog raised questions about the city promotion of Monica Zech's website. On her site, Zech pitches her services as a lecturer on safe driving habits, in some cases for a negotiable speaker's fee. Out-of-state organizations are asked to pay for her hotel and airfare. "I believe the link to Monica’s personal website was originally established due to the public service nature of her activities," Williford said in an email to The Watchdog. "Nevertheless... it is generally not considered appropriate for a private business to be provided a link to the City's website, and, therefore I have directed that the link be deleted from our website pending further review of this situation." Williford said he was not aware that Zech charged for some of her engagements. Zech, who has worked for El Cajon for the past 10 years, earned $69,000 last year in her position as city spokeswoman. Zech has been doing speaking engagements since 1984. She estimates that "98 to 99 percent" of her speaking gigs are unpaid because they are for El Cajon groups, schools and military bases, for which she does not charge. She said she has only had two out-of-state talks because most speakers won't agree to pay for her airfare and hotel. If she does have a paid speaking engagement, Zech said, she takes a vacation day and does not do it on city time. "Safety education is far more important to me than the money," said Zech, a former traffic reporter. "Again, I've been providing my 'free' safety education since 1984."

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CC-MAIN-2016-30

http://www.sandiegouniontribune.com/news/2012/apr/20/link-el-cajon-pios-personal-website-citys-page-be-/

2016-07-26T12:54:18Z

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en

One of the top junior college cornerbacks in the nation for the 2015 class is Northeastern Oklahoma A&M's Justin Martin. The long, quick 6-foot-2, 190 pound defensive back stood out in last night's scrimmage by shutting down everything in his area. Martin is originally from Nashville and will have four years remaining to play three season. He discussed his game and what he's the strongest at. "I play fast," Martin said. "I don't give up anything big. I keep everything in front and I'm a sure tackler. I try not to allow any catches at all. I didn't allow any today, and they usually stay away from me, anyways. I'm ready to shut everything down this season." The three-star corner added an offer from Nebraska this week but maintained that no schools had separated themselves in their pursuit of him. "Nobody has really shot out front," Martin pointed out. "I haven't got a chance to visit anyone besides Tennessee, Florida, LSU, and Ole Miss. Everyone is about the same. I camped for all of them, which is when I added my offers." The Volunteers are the home-state team for the junior college standout, and they've made a strong impact so far. "I've been to Tennessee a few times now because I live there," Martin noted. "I have a strong comfort with them. I know a lot of players on their team. I know a lot of players on all the teams considering me, really. I've been to Tennessee more so I know more about them." "I like the new staff," he added about the Volunteers. "I like Coach Thigpen. He's a very cool guy. I like the cornerbacks coach, Willie Martinez. I like Butch Jones and it seems like he's doing a very good job. They're bringing in a ton of talent. I'm looking forward to seeing how they do this season." One of the schools that has offered Martin was his favorite school growing up. "LSU was a great visit," he admitted. "That was my favorite school growing up. It was a dream come true to get that offer. I don't know how much of an impact it would have. At the end of the day it will come down to what my family wants." Ole Miss and Florida were also able to host Martin on a trip over the summer. "I had a very good time at Ole Miss," he stated. "My teammate from high school committed there so there would be some familiarity there. You also can't go wrong with Florida. It was great being there. I went to Gainesville when I was younger for a track meet and it was very nice. I love that area." Martin explained where his recruitment stands as of now. "Tennessee, Florida, LSU, and Ole Miss are the ones I've been in contact with more than the offers," he shared. "I talk with other schools as well. I've talked to Nebraska every week since they offered, also." I"m not sure what other offers could come in," Martin continued. "I don't know what official visits I will take, either. I'm still wide open." Martin Discusses Recruitment Cardinal Authority Top Stories Louisville Hoops: Class of 2017 Big BoardThe summer is over and the big board has been updated by the Cardinal Authority staff. Here's a look at the prospects the University of Louisville basketball staff is recruiting in… Cardinal AuthorityYesterday at 11:52 PM U of L commit Smith works out and recruitsUniversity of Louisville safety commitment TreSean Smith of Cincinnati not only attended the recent Light Up The Ville to work out, but he was also doing some recruiting. Smith… Cardinal AuthorityYesterday at 9:58 PM JUCO lineman enjoys trip to LouisvilleMississippi Gulf Coast Community College offensive lineman D'Marcus Hayes made an official visit to the University of Louisville last week. Hayes, a former teammate of current U of… Cardinal AuthorityYesterday at 8:55 PM Texas A&M commit 'really likes' LouisvilleTexas A&M defensive line commitment Ratu Mafileo talks about his visit to the University of Louisville last week; called off visit to Georgia and talks about when he will make a… Cardinal AuthorityYesterday at 8:33 PM

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CC-MAIN-2016-30

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en

STATEN ISLAND, N.Y. -- At 17 years old, Christopher Guzzo owned a Lickety Split Ice Cream truck. Through that experience, Guzzo, now 28, learned how to run a business. "I learned about inventory, scheduling and balancing a budget," he recalls. He later went to radiology school and began working in that industry before making the leap to follow his true passion: Creating a full-service concierge that streamlines vacations, proms and other events for customers. "When I opened Making MemorEase, my vision and main purpose was to provide guests with a headache-free experience through our concierge packages," Guzzo explains. "Too many times in life, families get caught up in the rigors of raising a family or working multiple jobs. I thought it would be a great idea to come up with particular packages to cater to all types of people, including families, young adults and teenagers." Products and services The full-service concierge offers an array of packages, including those that help you plan your prom, vacation, spa retreat, wedding and more. Guzzo's vacation packages "provide our guests with five-star treatment in a virtual sense." From a personalized survey filled out by customers, Making MemorEase representatives research the chosen destination and provide a full trip itinerary, Guzzo said. The company also offers an array of specialized packages that cater to customers' interests. "We just launched our first 'sportcation' package in which we are traveling as a group to San Diego to watch the New York Giants play the San Diego Chargers," he said. Customer service is what Guzzo hopes will be the key to his success. "Building solid business relationships is something I find most important to growing this business," he said. Guzzo said he hopes to grow his client base and gain world-wide recognition for his packages.

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Wow, I'm gonna be the first to blog about our trip? I can see many people have beaten me to the photos so I will limit mine to the ones I didn't see already posted. Well our decision to go was a rather hasty one as we couldn't get the work schedules straight till the last minute. The Monday before the event we were finally able to get time off, so I sent off our registration and booked our hotel. We packed our bag and left Thursday evening around 8:30 pm and stayed in Dallas…Continue

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Greg, thanks for the info! I'll check it out. I did do tai' chi for awhile but the instructor was an airhead and the frustration of dealing with him was too much. LOL I've been looking for another class in my area with a different instructor. I enjoyed the class, just not him. LOL I will check out what you've sent. Thanks and keep in touch. howdy and welcome :) I too have a hard time with doing stuff, I don't have asthma, I am just very overweight so it makes it tough to breath sometimes. here is a link to a bunch of pages with MAY help or it may not. I hope you find what you need :) Have you tried anything like tai chi or yoga or swimming? granted tai chi is a hell of work out even though it doesn't look like one but can be very beneficial with breathing here is an article to suggest it MIGHT help " Taking ACTION is the ultimate power of Motivation. Nothing beats it, period." `~`~`~`~`~`~`~`~`~`~`~`~ Do not stop enjoying the wonders of life despite the inevitable hurting that impairs our soul. Hence, it does not make you less of a person when you weep in tears and are in distress. Nonetheless, learn to withstand the stings of time; rise on your feet for no one can ever bring back the soul in you and the beauty of life except you, and you and you." I can't do alot of the same exercises and things that alot of people can...I have asthma. I want so badly to lose weight. I'm in the early stages of things, I'm changing my eating habits, doing crunches on our ab lounger and lifting weights safely. Any other exercises that I could do without getting "winded"? Please help!! SparkPeople, SparkCoach, SparkPages, SparkPoints, SparkDiet, SparkAmerica, SparkRecipes, DailySpark, and other marks are trademarks of SparkPeople, Inc. All Rights Reserved. No portion of this website can be used without the permission of SparkPeople or its authorized affiliates. SPARKPEOPLE is a registered trademark of SparkPeople, Inc. in the United States, European Union, Canada, and Australia. All rights reserved.

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2016-07-26T13:38:56Z

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The astral world, or astral plane as its sometimes called, is an important place for Witches to become acquainted with. It is conceptualized as an invisible otherworld that parallels and interpenetrates our own, but remains unseen in our normal states of consciousness. On this plane all thoughts, deities, and magick live, waiting to be called into manifestation. All types of magick and ritual can be done in the astral with great efficiaency, since this is where your energies must go before manifesting. While there you can find a likely place to cast a circle or work a spell, or you can also travel to other places to work astral magick, such as appearing in your astral body at the bedside of a sick friend who has requested your help in healing. Astral projection is best defined as the art of sending consciousness out at will to a location away from the physical body. While this projection ultimately remains in the mind, it is no less a real place populated by real beings and containing very real phenomena. This is the world where all our thoughts and dreams must first take shape before we can bring them into the physical plane through magick. It is also the home of the elemental powers and their inhabitant sirits. Astral magick is usually considered an advanced skill, though merely projecting into the astral plane is not. More than any other skill you will learn, astral projection takes repeated effort to be fully controlled by you. Some can master the art within a few months, others can take several years. We all experience psychic phenomena in different ways, and therefore there is no frame of reference for astral projection, and no definitive experience. So there is nothing wrong with you, no matter how long it takes you to learn. Astral magick is defined as the changes you cause to happen, both in the astral and in the physical, as a result of your workings in the astral world. Think of it as magick without tools. You can bring absolutely anything into being in the atral, work spells and rituals, and create any sort of astral tool or environment you want in which to work. In the astral your thoughts take immediate form, and once you learn to shape and control these forms, you have a potent magickal skill at your disposal. It takes a great deal of mental discipline to shape astral magick at all, especially without unwanted side effects. Astral travel naturally occurs during sleep. It is an aspect of our consciousness extending itself out of our physical body for experiences on other realms. Few of us recall this after we awaken. Since everyone astral travels, why not make productive use of these journeys? To do this, you must accept that you astral travel. Then you need to ask spiritual help in remebering these travels or "dreams". It is important to become close friends with your spirit guide(s) through meditation. In order to have a productive experience during your nightly astral travels, you need to have definite goals. Perhaps the following list can help you: Meeting with an appropriate teacher-guide for help in solving current problems. Studying spiritual knowledge in "astral classes". Visiting with physically deceased loved ones and friends. Taking a look at a past life. Use this to check on the causes of present problems and illnesses. Looking into your own future. This is useful in checking for upcoming problems or obstacles. Asking to receive prophecies connected with future events, such as the safety of a plane for travel, the possibility of an earthquake in a certain area, etc. Working healing or magick on the astral for yourself or others. Visiting a present area of the world you always wanted to see but can't afford to visit. Meeting with another particular astral traveller, usually for the purpose of influencing the person in one way or another. If you would like to start astral traveling lucidly, there are many different exercises that will help you do so. You can begin experimenting by using one of the following methods: In focused meditation, the idea is to bore your mind with so much inactivity, it goes elsewhere in pure self-defense. This can take up to thirty minutes to do, but the results can be startling. To bore your mind into projecting, place yourself in an altered state of consciousness. This doesn't mean daydreaming about mundane matters, it just means thinking about nothing specific. Guided meditation is a user-friendly entry point into the astral world, one that often works before you realize it is happening to you. It is defined as an escorted mental journey into the unconscious for the purpose of gaining knowledge and effecting a lasting change in both the conscious and subconscious mind. It involves the use of a prewritten path or guided story which one follows along during the meditation. These meditations can be read to you by someone else who is not embarking on the inner-world journey, or they can be prerecorded and played back. An example of one is as follows: Make a tape of the folowing passage, so you will not hinder the astral process by trying to remember what to do. Place yourself in a comfortable position, either lying down or reclining in a comfortable chair that supports your body. make sure that there will be no distractions for 20-30 min. Make sure there isn't too much light in the room. Loosen any tight clothing or jewlery, and just relax. Dismiss the perceived ideas you may have about astral travel...tell yourself that it is something you already know how to do. Tell yourself that however it happens to you is your way of experiencing it, and you will not question or analyze what is happening, you will just allow it to be real. Close your eyes and begin to breathe in deeply and exhale slowly... IN to the count of four...OUT to the count of four...IN to the count of four... OUT to the count of four... With every breath you take in, let yourself be aware that you're bringing into your body calming, soothing, relaxing oxygen...and with every breath that you exhale, you're releasing tension, pressure, and stress. Now as you inhale, just imagine a wave of relaxation and positive energy flowing from your toes and the balls of your feet, up the front of your body and over the top of your head...and as you exhale this relaxation and positive energy is flowing down the back of your body and out of the soles and heels of your feet...just be aware that as this energy flows out of your feet, all the tensions...all the pressures...all the stress of the day is flowing out of your body, and out of your mind. With every breath in...with every breath out...you're relaxing deeper... and deeper...and deeper...and you are becoming more and more receptive to all the levels of your self. Now become aware of the center of your breathing, become aware of your connection to your higher self. Let yourself energize that connection; send your love energy to your higher self. Feel the return of love energy from your higher self. invite your higher self tro join you in this journey. Now imagine that you are hovering above your body, actually looking down and imagining or visualizing your body in its relaxed position. Now imagine and visualize that you are looking down at your body from the ceiling across the room... Now imagine or visualize that you're moving out of your room and out of the building...and that you are looking down at this building and the area around it from ten feet above Now observe the building and the surrounding area from 20 feet above... As soon as you have an awareness of your higher consciousness, ask your high self to help you begin your trip. Let yourself enjoy this journey, knowing that you are protected with your higher self. In your astral journey, you may visit a particular planet, or you may travel to many different parts of the Earth. There is no right or wrong way to travel. There is simply your own personal experience. Allow it to flow like a daydream. If you have questions about anything that happens during your trip, consult your higher self for an explanation. When you visit a particular planet, ask someone acquainted with it to communicate with you and give you a tour of it. They will be pleased to do so. You will know when it is time to end your visit. Follow your intuitive sensing or feeling. Thank your hosts and ask your higher self to request that your hosts escort you back to Earth and your starting place. As soon as you get back to your body, you will automatically "slip into it", just as you do every night during your sleep state. When you are aware that you're "back into your body", thank everyone for their assistance, and focus on your breathng for a few moments. Breathe deeply, and always IN to the count of four...OUT to the count of four...just relaxing and allowing yourself to comfortably prepare to move back into your natural state of alertness and awareness. Suggest to yourself that at the count of three, you will open your eyes and be wide awake, feeling rested, relaxed, and good all over...And that each time you practice your astral travel, it will be easier and easier and you will feel more confident and more secure with your natural ability to project an aspect of your consciousness into other realms. And now, counting slowly...ONE...TWO...THREE! Your eyes opening and wide awake... feeling good all over. --end of meditation You may want to write down your astral trip while it is still fresh in your mind. Any questions you have should be taken to your higher self. Remember, it is there to help you and guide you in whatever you do. With regular practice, you may realize that you are no longer listening to the meditation being read to you. You will be able to venture off the prewritten paths and explore the world you have entered all on your own. By doing this, you should have no doubt that you are traveling consciously in the astral plane. Symbolic gateways are another method of astral travel. Like guided meditation, the area of the astral world you enter and the beings you meet there will be colored by the symbolic gateway you choose. Good symbols to start with are the alchemical symbols, tarot cards, and rune stones. You can use a different one every time you enter the astral and land in a new place every time. The basic technique for making these work is to gaze at them until a halo appears around the outside of the symbol, close your eyes, and let the image on the back of your eyelids engulf you. With practice this can provide instant access to the astral. The strong archetypes in symbols involuntarily activate and involve the subconscious, and they have the ability to instantly create unique and interesting astral places to visit. The Chakras: Probably the most popular method of astral travel is exiting through one of the chakras. Some people believe exiting through the lower chakras propels you into the lower astral level, where nasty entities you don't want to meet live. Some recommend the naval chakra to women because of its association with the feminine creative power center (the womb). You will have to decide which chakra point makes the best exit for you. Logically, you should choose the chakra you feel is your strongest, the one through which you can most easily send out magickal energy, or that is linked to an element with which you have an affinity. To exit from a chakra, mentally focus your consciousness to that point. Visualize your inner self at that doorway waiting for it to open. Allow all physical sensations to cease as you concentrate your whole being on that exit point. When you feel the time is right, mentally move yourself out of the chakra, think about where it is you want to be, and you should appear there instantly. The Astral "Security System" You can set up psychic security for the protection of personal documents, belongings, your home, pets, family, yourself, or your business. Build a wall of energy around the people and places you want protected. Then surround this wall with an area of deliberate confusion. Usually this is enough to deter any astral entity or traveller from breaking in or causing any problems. As an added precaution, place warning thoughtform guards in this confusion layer; they should be programmed to notify you of any intruders. If properly done, this method is better than other security systems or burglar alarms--and less expensive. Setting up Watchers will only be effective if you also have built an astral dome of protection. If you keep your intuitive senses alert, you will be able to pick up their warnings any time a negative astral entity or thoughtform invades, or attempts to invade, your environment. You can also create a personalized Watcher, a thoughtform that stays right with you and is set to give you an alarm any time you are physically in danger. These are especially valuable with the crime rate soaring as it is. Flying Without a Broom by D.J. Conway Making Magick: What It is and How It Works by Edain McCoy E-mail / NCSA / firstname.lastname@example.org Any Comments? Send e-mail!

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September 13, 2007 Adrienne Wisniewski, with Windemere Landscape & Garden Center, gives some flowers a needed drink Thursday afternoon after the water ban was lifted for the west side of Steamboat Springs. "We'll definitely be here until closing watering," Wisniewski said. Stories this photo appears in: City officials say test results showed no contamination The water ban in West Steamboat has been lifted for all areas, as city officials confirmed Thursday that test results showed no contamination in city water supplies after a broken pipe two days ago.

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I have had cheek implants for approximately ten years. Would removal of these... It is impossible to give a patient-specific answer without direct examination, so I will respond in general terms. The most common forms of cheek implants are shells of solid silicone. They are usually placed directly over the body of the zygomatic bone ("cheekbone"). The subcutaneous fat layer, overlying the cheekbones, is very thin. Over a period of years, it is not uncommon for the implant to create a thinning of the fat overlying the bone. In such a case, late removal can leave a depression at the site of the previous implant. While there may be a difference in opinion as to whether to place the implants initially, once in place, it is usually better to leave them, unless they are causing problems. If removal is necessary, some form of additional cheek lift may be required, to compensate for the depression. In general, cheek implants, if properly placed, can last for many years. If they are mal-positioned or bothersome they can cause a deformity and may need to be removed. This can be corrected secondarily although the scar tissue is often enough to minimize the deformity present if removed atraumatically. I prefer not to use cheek implants as they do not age well with the patient.

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One of the convenient aspects of studying Jewish history is its 3,000-year-old paper trail—the texts and records of the rabbinical and intellectual elite allow us to examine contours of Jewish law and history. But we tend to know less about the lives of average Jews, who didn’t receive much attention in the writings of the intellectuals. That began to change in the late 19th century, when the Yiddish press hit the streets, for the first time recounting the lives of the unwashed masses of Jews in the public record. Tablet Magazine offers some of these stories. The holiest of Jewish holidays isn’t Rosh Hashanah or Yom Kippur. It’s Shabbat, a holy day so important that it ranks on God’s top ten list. The Sabbath is mentioned a dozen times in the Torah, far more than any other commandment. The Talmud claims that remembering the Sabbath and keeping it holy is like observing all 613 commandments at once, which is why, as we learn in The Big Lebowski, religious Jews absolutely do not roll on the day of rest. For those dedicated to the commandment’s full implementation, the Sabbath is something that must be protected against any infraction, no matter how minute. As recently as last year, a group of religious Jews in Jerusalem violently protested the operation of a parking lot on Shabbat. The people who took part in the action are the latest incarnation of Shomrei Shabbos, “Guardians of the Sabbath,” or, “Sabbath Enforcers.” The Enforcers have their distant origins in the medieval character known as the klopper, the man in the shtetl whose job it was to walk about the village and bang on the Jews’ houses to let them know it was time to close up shop because Shabbos was beginning. This form of public communal cultural preservation was particularly tested during the urbanization of the 19th century. When Jews opened businesses, there were always those Shabbos enthusiasts who made the rounds on Friday evenings making sure Jewish shops were shut down. Infractions were often met with threats of boycotts and violence. The holy day was not something to take lightly. As secular Yiddish groups like women’s rights organizations and sports clubs established themselves in the early 20th century, so too did Orthodox groups begin formalizing their unions. Chief among them was the establishment of an official Shomrei Shabbos organization. After the organization was founded, at a conference in Berlin in 1929 by a group of German rabbis, religious Jews from many countries soon joined, all agreeing that desecration of the Sabbath was on the rise as a result of the nature of modern life—forced store and factory closures on Sundays required Jews to work on Saturdays. Rabbis at the conference sought a way to ensure Sabbath observance among Jews who had no choice but to work on the day of rest. They considered petitioning governments to allow a day off on Saturday and to work instead on Sunday. In 1930, a second, much larger Shomrei Shabbos conference was held, also in Berlin. Some 2,000 people attended the event, and, by then, the Shomrei Shabbos were active in more than 21 countries. Among ideas floated at the event was a proposal to approach the League of Nations about making Sabbath rest an international priority and the suggestion of creating a Shabbos Encyclopedia, which would examine the history of Saturday work stoppages from biblical times to the present. Famed poet Chaim Nachman Bialik promised to contribute an article. Geared to helping Jews who wanted to but couldn’t observe Shabbos, the conference did not take into account people who cared nothing for the day of rest, or those who might purposely break it as part of their political or social ideology. But, as Asher Ginsburg (aka Ahad Ha’am) once noted, “Shabbos keeps Jews more than the Jews keep Shabbos.” To the Enforcers on the streets of Warsaw, this was a matter of national concern. They had no qualms about cracking skulls for the sake of Shabbos and, occasionally, breaking it in order to keep it whole. The Yiddish press is full of incidents involving the Enforcers. In August 1927, the Yiddish daily Moment told the story of a young Jew riding a bicycle through a heavily Hasidic neighborhood of Warsaw on a Saturday. It was just before noon, when synagogue services typically ended and thousands of congregants spilled into the streets. As the young rider approached the corner of Tvarda and Marianska Streets, a Hasid saw him and screamed, “Mekhalel-shabesnik!” (“Shabbat breaker!”) at the top of his lungs, and hurled himself off the sidewalk to block-tackle the cyclist. “A bitter holy war began to play out,” Moment’s reporter wrote, as the cyclist got up and began to argue with his assailant. The cyclist was furious at being smashed to the ground. The Hasid, meanwhile, was equally angry at the public flouting of the holy day. The two began throwing punches, and Hasidic bystanders joined in, taking their own swings at the biker, for “the honor of the Sabbath,” Moment reported. The Hasidim “saw fit to ‘get even’ with the young man’s bicycle, breaking spokes and bending the frame and wheels until it was transformed into a heap of junk.” Eventually, the police showed up to drive the large crowd away. They arrested the cyclist and his attackers and lugged the smashed bike back to the precinct as evidence. While Baghdadi Rabbi Chaim Yosef, also known as Ben Ish Chai, the same name he gave to his 19th-century halakhic treatise, wrote that bicycle riding is permitted on the Sabbath within the confines of an eruv, Warsaw’s Hasidim seemed to know nothing about such a ruling. Fear of arrests did not deter these Shabbos watchdogs. A year later, Moment reported on roving gangs of them every Friday evening. One particular night, they happened upon a Jewish boy at the corner of Gzhibovska and Granitshna Streets in Warsaw shouting, “Buy ‘em ladies, pumpkin seeds, fresh out of the oven, buy ’em now!” One of the Enforcers walked over and calmly alerted the boy that Shabbos had begun and that he should stop selling the roasted seeds. The boy ignored him. What began as “moral advice from the Enforcer quickly turned into a physical threat,” according to Moment. While the Enforcer was yelling at the kid, a crowd grew. On one side were Jews on their way to synagogue. They were poised to drag the “mekhalel-shabesnik” into an alley and pound some sense into him. The other side consisted of people defending the alleged transgressor. As in the earlier incident, the fight escalated, and soon people were screaming and smashing their canes over each other’s heads. Moment’s reporter doesn’t say what happened to the peddler-boy during the fracas but does tell us when the police arrived they arrested a half a dozen people who spent Shabbos in the clink. The melee didn’t stop other Enforcers from continuing to prowl that evening, and, “after determining that the Jewish seltzer stands on Tvarda Street were indeed closed,” they came upon a young couple on a date. While a Shabbos rendez-vous does not qualify as a transgression, it turned out that the young man was smoking a cigarette—an act that necessitated the lighting of a match, strictly prohibited on holidays. One of the Enforcers flew into a rage upon seeing the smoker, snatched the smoker’s hat off his head, threw it to the ground, and stomped on it. The victim, as Moment dutifully reported, “was baffled and didn’t quite know how to react. His date, on the other hand, was a real eyshes khayel—a woman of valor. She knew exactly what was happening and jumped on the Enforcer, scratched his face like a cat, and tore out a hefty chunk of his beard.” The Enforcer, Moment continued, let out a “blood-curdling scream which brought hundreds of people into the street, crowding it so much that the tram was unable to get through.” The police finally arrived and arrested everyone involved. The Enforcers did not only antagonize relations between religious and secular Jews in interwar Poland. Sometimes, they used their powers to deal with internal matters. Take, for example, the May 1933 case of Yoel Weiderfeld, a well-off Hasidic landlord. According to Moment, Weiderfeld had evicted a family with six small children from an apartment, throwing them into the street. Though local Hasidim tried to get Weiderfeld to reconsider his decision, the landlord remained unmoved. Not so the Shabbos Enforcers, who sprang into action. On a Friday night, while Weiderfeld was at his shtibl greeting Shabbos, the Enforcers moved the poor family, “together with their meager belongings, back into their apartment.” When Weiderfeld found out about it, he was furious and vowed to initiate new eviction procedures. But the Shabbos Enforcers remained on the case. “When the landlord went to pray that Shabbos morning, the other worshippers asked of him that he allow the poor renter back in,” Moment reported. They also tried to delay Torah reading until Weiderfeld agreed to allow the family to remain. But the landlord was a stubborn sort and steadfastly refused their entreaties. Without other recourse, the Enforcers’ next move was to grab Weiderfeld’s tallis, wrap it around his head, throw him over a bench, and start punching his back and buttocks—a Yiddish underworld tactic known as “aroysnemen a mashkante,” taking out a mortgage, on someone. In spite of the serious shellacking, the landlord freed himself and fled the synagogue to a nearby pharmacy, where he called the police—himself violating Shabbos. Instead of returning to shul, he engaged the services of the law, who again, Moment continued, “threw the poor family out of the apartment—on Shabbos, no less.” Condoned by the most important rabbis, the street-level tactics of the Enforcers remain a violent inheritance today. While the contradiction inherent in their aggression seems to elude them, their desire to protect, defend, and enforce the Sabbath remains paramount: While they’re around, they’ll see to it nobody rolls on day of rest.

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CC-MAIN-2016-30

http://www.tabletmag.com/jewish-life-and-religion/30815/enforcers

2016-07-26T12:21:13Z

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Hello, and thanks in advance. I have created / edited my own VERY simple websites before using frontpage. I am currently having a new website created by a design company. It is basically just a static site, nothing fancy. However, it will have some border graphics that are a little more complex than just square boxes. If I pull that site into a WYSIWYG web design software, will I be in over my head? What software do you recommend I use?

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CC-MAIN-2016-30

http://www.techspot.com/community/topics/website-design-software.177613/

2016-07-26T12:12:58Z

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en

McDonalds is probably the last place on earth I'd consider buying an mp3 player through. However, just about no one is going to turn down a free mp3 as part of a contest. Together with Coke, the fast food giant had a contest that resulted in 10,000 mp3 players being shipped to people around the world. There was a catch, though, and it was a catch that not even Coke or McDonalds expected. Each of the 10,000 units was infected with a trojan. Loaded with QQPass, a password-stealing beast, apparently all it may take is plugging it into a machine to become compromised. The article is very light on information, and from the looks of it, this may have been a regional contest for Asia or perhaps Japan. I'd definitely like to hear more. How, exactly, does a brand new product pass QA with a virus attached?

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CC-MAIN-2016-30

http://www.techspot.com/news/23220-mcdonalds-releases-10000-infected-mp3-players.html

2016-07-26T12:18:04Z

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en

Will There Be Picket Lines At NY Fashion Week? Drama may ensue during New York’s upcoming fashion week. Because the IMG Fashion event changed venues this year from Bryant Park to Lincoln Center, a contractual mess has occurred between IMG and Lincoln Center’s theatrical labor employee union, which is normally granted work contracts to oversee events on the entire campus. Reports the Wall Street Journal, “Certain events occurring under the umbrella of New York Fashion Week will take place in Lincoln Center facilities that require the use of union labor, and those events will comply with the lease terms of those facilities, according to a person familiar with the matter”; however, there is a slight disagreement because some of the tents will be erected on the plaza (outside) and not in Lincoln Center’s buildings, which may allow IMG to hire others to help oversee and produce the event. The union wants to be the sole labor provider for NY Fashion Week, and if an agreement is not reached, they are considering a protest complete with leafleting and picket lines. Drama! Let’s hope this gets worked out quickly as the week’s September 9 start is just around the corner. [Wall Street Journal]

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CC-MAIN-2016-30

http://www.thefrisky.com/2010-08-20/will-there-be-picket-lines-at-ny-fashion-week/

2016-07-26T12:53:44Z

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THL announces the settlement of nearly 4,000 cases filed by individuals who claim they were injured by their Pradaxa usage. The manufacturer, Boehringer Ingelheim, admits no wrongdoing. THL was co-lead attorney in this settlement of $650 Million. Read more details at the Press Release here. As of 11/17/2014, 35,549 reports of a serious adverse event where Pradaxa was identified as the primary suspect drug causing the event had occurred. According to voluntary reports to the FDA from health professionals and consumers, in 2011, Pradaxa surpassed all other monitored drugs in several categories, including overall number of reports (3,781), deaths (542), hemorrhage (2,367), acute renal failure (291) and stroke (644). Pradaxa is a prescription blood-thinning medicine used to reduce the risk of stroke and blood clots in people with atrial fibrillation. We expect the number of deaths and life-altering side effects to climb as investigations into Pradaxa continue. If you have experienced side effects such as: - Unusual Bruising - Blood in the urine or stool - Vomiting Blood Please contact your doctor to consider whether Pradaxa may be an issue. It is important to understand that unlike Coumadin (warfarin), Pradaxa does not currently have an antidote to stop bleeding events. Furthermore, this risk is not currently on the Pradaxa label. Boehringer Ingelheim’s Annual Report boasts their guiding principle as “Be First-Be Best- Be Focused” and it now appears that they should add “Be Careful.” Although Pradaxa has only been on the market since 2010, its hype began long before. Prior to approval Boehringer Ingelheim ran “informational” commercials about atrial fibrillation. Following the media hype, Pradaxa gained momentum as the result of the “RE-LY Clinical trial” sponsored by Boehringer Ingelheim Pharmaceuticals. The RE-LY trial concluded that vitamin K antagonists such as warfarin (or Coumadin - on the market for more than 50 years) are cumbersome to use, because of their multiple interactions with food and drugs, and they require frequent laboratory monitoring. Not surprisingly, the clinical trial sponsored by Boehringer Ingelheim suggested that there was a need for a new anticoagulant agent that could be a therapeutic simplification. Step in Pradaxa – predicted to become one of the leading therapies in the atrial fibrillation drug market, garnering blockbuster sales of $1.3 billion by 2018. Unfortunately, there are too many incidents where products prove to be more dangerous than the company-sponsored studies indicated, as the current death count appears to indicate.

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CC-MAIN-2016-30

http://www.torhoermanlaw.com/pradaxa/

2016-07-26T12:05:46Z

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en

Top Permanent Light Displays in Philadelphia Displays lighting up the region Get a different view of the city after the sun sets with spectacular light displays at area attractions. Discover the dazzling lights of the Cira Centre, the scenic waterfront glow of Boathouse Row or the grand illumination along the Benjamin Franklin Bridge in a few of our favorite light displays in and around Philadelphia. The Neon Museum of Philadelphia brightens up the Center for Architecture, as well as bars, restaurants and public spaces throughout the city, with its little-known and privately owned tribute to the history of neon signs. The organization owns more than 100 signs that date back to before the 1950s. Details: 1218 Arch Street | (215) 569-3186 The Benjamin Franklin Bridge’s visibility from 10 miles away and its proximity to myriad public gathering spaces in Philadelphia and major urban centers in New Jersey makes it a prime canvas for an LED row of lights that dots the bridge span on both sides and changes and moves depending on the season or the holiday. Sometimes the lights appear to “chase” the passing commuter trains that traverse the bridge, and other times they glow in varying colors—red, white and blue for Independence Day and green for a major Philadelphia Eagles playoff game, for example. Seven Schuylkill River bridges are also permanently illuminated—part of the legacy of the city’s Millennium Philadelphia celebration in 1999. One of Philadelphia’s most memorable nighttime vistas is that of Boathouse Row, made up of a dozen sculling clubs that line the Schuylkill River behind the Philadelphia Museum of Art. In 2009, new full-color, energy-efficient LED light nodes were hung to showcase the intricate architectural details of the clubs. Now a drive or stroll along the river results in an eye-popping lighting marvel that normally glows white but can change to celebrate a holiday or civic celebration, a charity appeal or a significant professional sporting win. Details: 1 Boathouse Row West Philadelphia’s first office tower digitally programs its 1,500 LED lights to reflect city pride in major holidays, local events and sports teams. The Cira Centre’s 29 floors shine with light shows that may appear red for a Philadelphia Phillies’ championship win or pink to honor Breast Cancer Awareness Month. Details: 2929 Market Street | (215) 397-1562 As the scientist who discovered electricity, Ben Franklin would surely be proud of the three-minute multi-media presentation that envelops the Benjamin Franklin National Memorial statue at The Franklin Institute. At the top of each hour, the Benjamin Franklin Forever show, comprised of digital projections, theatrical lighting and audio effects, tells a deeper story about the man whose intellect and curiosity spawned so many discoveries and institutions. Details:222 N. 20th Street, (215) 448-1200, fi.edu Avenue of the Arts (South Broad Street) is the first street in America to light multiple buildings in a coordinated display of sound and light. Using LED fixtures with an almost infinite selection of patterns and colors, Center City District illuminates the facades of a dozen historic buildings with programs that range from soothing seasonal palettes to exciting visual and audio shows. Also illuminated nightly on Broad Street: the City Hall clock and tower, topped by city founder William Penn. Details: (215) 731-9668

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CC-MAIN-2016-30

http://www.visitphilly.com/articles/philadelphia/top-temporary-and-permanent-light-displays/

2016-07-26T12:09:32Z

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en

Parenting is a tough job at the best of times, but it can be even more difficult if you and your partner have differing views on bringing up children. Last week, we examined the four main parenting styles as described by experts: • Authoritarian, who are overly strict. • Permissive, who tend to be indulgent. • Authoritative, who find a good balance between the two extremes. • Uninvolved, who don’t fit into any camp because they’re barely involved in bringing up their kids. Problems can arise when one parent is authoritarian (“the bad cop”) and the other is permissive (“the good cop”). When you have completely opposite approaches to child-rearing, you and your partner can find yourselves constantly at loggerheads, with your kids caught in the middle – and that’s no good for them. Conflict caused by differing parenting styles could lead to your children: • Ending up confused about what’s okay and what isn’t. • Playing one parent off against another. • Feeling it is their fault if mum and dad argue, especially over a difference in opinion on matters like discipline. This can lead to anxiety and even depression. • Feeling they have to choose sides, because there’s such disparity between mum and dad. They may even end up favouring one parent. • Growing up to have conflicting ideas about parenting, which may put them off having kids themselves. WHEN HISTORY REPEATS Our own childhood experiences influence the kind of parents we become. Either we emulate our mum and dad and the way they brought us up, or we rebel against them. Talking to your partner about their childhood and observing the relationship they have with their parents may give some insights into what kind of parent they may be – although bear in mind that everything can be quite different once you have kids. Sit down with your partner to talk about parenting issues that are likely to arise. Make sure you’re always on the same page. Subjects to discuss can include: • Expectations How do you expect your kids to behave? How much leeway are you prepared to give? What happens if they fail to meet your expectations? • Discipline When will you discipline your kids, and how? What punishments are considered appropriate? • Trouble spots What is the greatest area of conflict? It could be keeping bedrooms tidy, chores around the house, schoolwork or their friends. If you can talk about your differing ideas on how to handle things (do it when the kids are not around) and compromise, you could save yourselves a lot of grief. Set guidelines about what will and won’t be acceptable, and make sure your partner and kids know exactly where you stand. THE BRIGHT SIDE Having differing points of view doesn’t always have to be bad. It can help you see things from another perspective. And if the two of you are prepared to meet in the middle, it will show your child that compromise is possible. Differing parenting styles can put a big strain on a relationship. If this is an issue for you and your family, there are plenty of counselling services that can help – your local Citizen’s Advice Bureau can point you in the right direction. When it comes to parenting, Rob and Karen are complete opposites – she’s pretty strict, while he’s lenient. “In our family, Rob is known as the weakest link because the kids know he will let them get away with anything,” says mum-of-three Karen. Mealtimes have always been a source of conflict. “I grew up in a family where table manners were important, whereas in Rob’s family they sat on the sofa and ate dinner off trays on their knees,” Karen says. “So he’ll let the kids get away with things like eating with fingers, which annoys me. “Mealtimes ended up a battle because the kids were getting mixed messages and played up. We had to agree on some rules. I’ve given in on a couple of points – there is some stuff they can eat with fingers and I don’t read the riot act if they put their elbows on the table. But I got my way when it came to other things. For example, there is absolutely no talking with your mouth full, and they have to ask permission if they want to leave the table. Rob knows he has to enforce these rules, and he does.”

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CC-MAIN-2016-30

http://www.womensweekly.co.nz/relationships/parenting-and-family/when-parenting-styles-differ-13972

2016-07-26T12:10:15Z

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en

Originally Posted by Poetic Wun im still bummed at my 27 dollars spent as i've never spent that on a book ever (save a variant here or there) but i'm straight. What? I've spent thousands on college books alone. And I've dropped some heavy paper for some good non-fiction books in the past. $27 is a drop in the bucket.

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CC-MAIN-2016-30

http://www.wutang-corp.com/forum/showpost.php?p=1913040&postcount=13

2016-07-26T12:46:01Z

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en

It seems to me the problem the world has with North Korea and its dictator Kim Jong-Il getting nuclear weapons of mass destruction boils down to two main points. First, North Korea is a communist dictatorship that cannot ever be trusted, and so its getting such horrible weapons is a horrible threat to most, if not all of us. Second, it is a clear violation of the Nuclear Proliferation Treaty (NPT). The first problem is real but misunderstood, while the second is pure baloney. It is baloney since the NPT is nothing but a multi-state attempt to keep the knowledge of how to make nasty nuclear bombs within a small group. The overall aim of the treaty is not to save human kind from the horrible effects of nuclear war; it is to save the nuclear power oligarchy from competition. There is no reason why “new” nuclear powers should be trusted less than current nuclear powers. Unless you wish to keep the trump card while playing it over and over in international politics. The problem of North Korea (and other countries) violating the NPT thus has nothing to do with us as individuals or citizens of the civilized West. It has only to do with “our” heads of states wishing to protect their special powers. The other problem is the real one: the North Korean government isn’t to be trusted with lethal weapons. And to be honest, Kim Jong-Il seems like a real nut. But on the other hand, there are there any Prime Ministers or Presidents who could or should be trusted with such things? Most of them cannot be trusted with limited powers in government or even with small amounts of money. The problem here has nothing to do with the specific nature of the North Korean government, which, I’m sure, is one of the most screwed up on the planet. It also has nothing to do with the North Korean leader, the cultified Kim Jong-Il. And it has nothing to do with the official ideology of his totalitarian state, “communism.” Rather, it has to do with a much deeper problem. It has to do with the problem of rule and specifically the structure of government itself. As Lord Acton so wisely stated, power corrupts, and absolute power corrupts absolutely. The problem of corruption should be obvious, be it the obvious corruption of “banana republics” or the more “civilized” campaign contributions and dealings in parliament. Corrupted people cannot be trusted, who knows who placed the higher bid and thus gets the full worth of the bribe? Judging from our politicians, not only does power corrupt; the corrupted are obviously also attracted by power. A North Korea with the recently acquired knowledge and ability to produce nuclear-based weaponry simply points to a much greater and widely spread problem: the problem with government per se. Since power corrupts, we cannot trust the ones with power. Then how can we trust them with the weapons to protect us from foreign threats; especially since we are at the same time forcefully disarmed by our “protectors.” The real question here is: Can we trust political power with weapons to destroy us and our earth? Can government be trusted? The questions are radical, but it should be obvious we, i.e. humankind, are in need of some radical change. We have, as a species, had more than a thousand years of experience of political government. What has it given us? On the world level the result is at best racism and international “tension,” but wars and world wars as well. On the domestic level we’re experiencing excessive taxation and regulation, violations of constitutional rights and personal integrity, as well as executions and government control of young people’s minds through public schooling. In other countries, and during wartime, we’ve seen work camps, torture, and persecution. The answer should thus be obvious. No, we cannot trust government. Perhaps we should abolish it altogether and get rid of the danger once and for all.

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2016-07-26T12:08:42Z

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en

Simple question for M4L N00b! Im trying to get my patch to highlight a clip slot in my project. I have a message ‘goto live-set view’ patched to a live.path object. It’s middle outlet sending to the right inlet of a live.object. Then another message ‘set highlighted_clip_slot 1’ patched to the live.object’s left inlet. I know this is probably completely wrong, I have looked in the reference and the fact that it says you can set this value, aswell as it being a parent confuses me. Note that ‘highlighted_clip_slot’ is a children of song view, ie. an object to be referenced by ID number. So your set message requires an ID as parameter, something like ‘set highlighted_clip_slot id 118’. The ID of clip slots can be obtained by sending ‘path live_set tracks X clip_slots Y’ to a live.path object. I have set my patch up like you said however the 'set highlighted_clip_slot' id 118 returns as invalid syntax in the Max window. I attached a picture of my patch so you can see how i set it up. It seems my explanation wasn’t quite clear. Here is a patch to show the set up. -- Pasted Max Patch, click to expand. --Copy all of the following text. Then, in Max, select New From Clipboard.----------begin_max5_patcher---------- 565.3ocyV10aaBCEF9Z3WgkUurKB6DBgc21eioJjANK3MvfvNoYqp+2m+.RS WPIrzAsW.He7G799v4f8S9d3z5CfDi9L5aHOum787rgLA75Z6gqXGxJYR6vv Y0UUfPgu20mBNnbwK4MHYYsBwE4vg99E6p3hRPYmLoK32qEJI+2fMVvhfWFa 8NU+f6i1vTYEbw1jVHS4TJkZljdpqLO1DZarYQ.5gt4vysZpN8GehDhO4sJX U12J9KsbVI5q0k4XSuO66atc+HgfVooP6a2izK4Qh0VTq6BCNyitkQ8qFvMA L27UAgSYhs3AIwxIfDUfTx1BmkNncTApjuGRjfBoZYY+ThHHSVRhIKQhtiLH +n+K7ibc9E5xNhroJj0WBfCSM5Tj+.OpW6yflgWKLj6hYVMsfTWAxT7ZwIFl rZsKGYo4QP2siVZT7b404oa4CIWOezjLZuFBqwezn5akOqBrHgtby+E9rYFq UMUnE7sEk5KEjmbrHUWihtiNGkoTB0Ust9FKSid2921dN73jhn9LKh8Q7sRn vYthS2gwBSIYVt1Ql0Q1Zt3QTyMDYt59hccKY60UGNekvTpVd5Nk6zSdGAjG NoAZkboBDYNmYiaIaOespPiIwee1KqIMweMzk06Zy58P2uGPuXybPp3B6FBm LFssz631OlBddNHN8fUU77lZ8gF5j.5gAS.FqhhGghhd0XlZEYNuyUkjY684 TSzQno3YURgiPQalUEEMxj6aUQ5FO6+GF5XB+B -----------end_max5_patcher----------- With everything thing I want to do with the API. Is it true i need to first find the id of the item i want to effect eg. which track, parameter, device, clip, clip. AnD then apply it to a live object with the corresponding parent path? In this case the parent of clip-slots is view? Thanks for the time. Also how can I save this chunk of programming as an abstraction so I recall it later? Usually you don’t need to find the id first, but highlighted_clip_slot is a special case (view as parent). Ordinary clip slots have track and/or scene as parent, and thus can be accessed directly with the path. To make an abstraction save the patch with some meaningful name and put it into your Max folder. Forums > Max For Live

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CC-MAIN-2016-30

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2016-07-26T12:26:51Z

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Posted by Annita on September 21, 2007 Gobi Manchurian- a popular Indo Chineese dish can be served as a snack or an appetizer when prepared dry.But in my home,amma always prepares it with gravy to serve along with fried rice/noodles.And i haven’t even tasted this dry type manchurian in any of the Kerala restaurants(of course,I haven’t asked for it as I was not aware of it..) My DH only introduced me to this dry type manchurian,he’s an ardent fan of this dish and whenever he order this in a restaurant he gives them special instructions to make it extra dry and spicy.And I must say,this is the only dish I’ve tried umpteen times to get a satisfactory sign from my husband.I’ve followed many recipes,tried adding different ingredients and finally came out with a recipe that suits our taste.I’ve been following this recipe for the last 4-5 attempts,and its working out well for me. And now the recipe … Cauliflower – 1 medium sized cut into medium sized florets Spring onion chopped- a small bunch (Seperate whites and greens) Garlic chopped – 5 tbsp Green chilies chopped – 4-5 tsp (Use according to your spice level) Soya Sauce – 1 and 1/2 tbsp Green Chilli Sauce – 2 tbsp Tomato Ketchup – 3 tbsp Vinegar – 1 tsp Coriander leaves – for garnishing Oil – as needed Salt – add only if needed (Add 1 medium sized Onion and 1/2 Capsicum if you wish.i dont add it,if i am preparing it dry) For the batter : All purpose flour/Maida – 1/2 cup Corn flour – 1/4 cup Rice flour – 2 tbsp Egg – 1 Ginger-Garlic paste – 2 tsp Red Chilly powder – 1/2 to 1 tsp Salt – to taste (consider the saltiness of soya sauce while adding it) Prepare a batter with the given ingredinets adding necessary water.Batter should be made a little thick,otherwise it doesn’t coat well on the cauliflower florets.Heat oil in a big wok,dip each floret in the batter and gently put it into the oil.Do not overcrowd the wok while frying.Do it in 2 or 3 steps as needed.Fry it until it turns golden brown in color.Drain into a tissue paper and keep them aside and allow it to cool. Now heat 2-3 tsp oil in another pan,add chopped spring onion(only the whites),green chillies,garlic and ginger,saute them for a while.(Add onions and capsicum also if you’re adding it)Now add soya sauce,chilly sauce,vinegar and tomato ketchup.Mix them well,check for the salt and add the cooled gobi florets.Turn the heat to high and mix them together until all the florets are well coated with the sauce.Add spring onion greens and coriander leaves and toss it well for few minutes.Serve immediately. If you want to make it a gravy,add 1 tsp cornflour mixed in 1 cup luke warm water and simmer it for few minutes,before adding spring onion greens and coriander leaves.

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https://deepann.wordpress.com/2007/09/21/gobi-manchurian/

2016-07-26T12:11:34Z

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en

Australian shark film Bait is struggling to win an audience in its second week at the local box office. The 3D shark flick took a very low $825 screen average across 231 screens, according to the Motion Picture Distributors Association of Australia. In its second weekend, the film made $190,000, taking its Australian box office to 776,000 for distributor Paramount. The genre film follows a group of stranded shoppers in a submerged supermarket after Tsunami hits, getting terrorised by a great white shark. The film placed 13th in the Thursday to Sunday top 20 films. Also in its second week, Australian film Lore, directed by Cate Shortland and distributed by Paramount/Transmission took $44,000 across 12 screens for a $3,692 screen average. The film has taken today $174,700. In new release, time-travel bounty hunter film Looper, distributed by Roadshow took $2.916m. Across 276 screens, the film starring Joseph Gordon Levitt and Bruce Willis averaged a very respectable $10,568. It was enough to place second for the weekend, behind Madagascar 3: Europe’s Most Wanted, taking $3.602m across 530 screens for a $6,797 average. In its third week, the film has now taken $14.805m. Arbitage, a drama starring Richard Gere, distributed by Madman, opened in sixth place on $596,000, averaging $8,053 across 74 screens while On The Road, the adaptation of the Jack Kerouac novel, distributed by Icon, made $81,000 across 29 screens for a $2,785. OMG Oh My God!, distributed by Saggi, made $80,000 across 12 screens for a $6,684 average. Other Australian films at the box office included The Sapphires, Kath & Kimderella, Storm Surfers 3D and Not Suitable For Children. The Sapphires added another $331,000, taking the eOne/Hopscotch film to $13.341m while Kath & Kimderella, distributed by Roadshow took $330,500, taking the film to $5.533m. Storm Surfers 3D, distributed by Madman added another $14,855 taking it to 623,000 while Not Suitable For Children, distributed by Icon, re-entered the limited release charts, screening on one screen and added $1,757 taking the total to $513,829.

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https://mumbrella.com.au/bait-continues-to-struggle-as-looper-opens-strongly-at-box-office-119737

2016-07-26T12:19:11Z

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en

Former world champion Johann Museeuw will finally come to trial in the later half of 2007. He, and several others, are charged with possessing and using EPO and other drugs provided by a local veterinarian. Yesterday, the accused lost their final appeal that would have avoided a trial. Upon his retirement a few years ago as a Lefevre rider, Museeuw was hired by Patrick Lefevre as a PR representative and continues to remain involved with Patrick as he serves his suspension for doping. I find Lefevre’s silence and continued support of Johann the ultimate hypocrisy. Let’s examine a little of Patrick’s past: In April 1999, local police authorities in Kortrijk (Belgium) arrested the then Mapei-Quick Step manager Patrick Lefèvre and six riders for questioning after security police opened a DHL package at Brussels airport. This package contained a video cassette box with 5 ampules of an unknown substance which came from Italy and was to be sent to the Mapei hotel in De Panne. October 2000, Richard Virenque suspended for admitting his involvement in the Festina affair after stalling for two years. 2001 Lefevere starts new team, Quick-Step and recruits Johann Museeuw, Frank Vandenbroucke, and Richard Virenque. February 2002, Police seize “forbidden products” in Vandenbroucke’s house. He is suspended for six months but wins on a technicality that argued the Belgian Cycling Federation did not have the authority to suspend him. He is then suspended by the Flemish authority. He continues to race for Lefevre outside of Flanders. September 2003 Johan Museeuw questioned by police in Brugge in relation to raids carried out on 21 houses in West Flanders. Museeuw’s house was one of six riders’ houses to be targeted by police, who are investigating the possible supply of doping products to cyclists by veterinarian, José Landuyt. Late 2003 – Early 2004 More info comes out on Johann Museeuw like this released SMS transcript between Johann and Landuyt. “Wasps” is a code name for Amgen’s EPO product Aranesp: In a message to Museeuw dated July 7, 2003, Landuyt wrote, “Now you should take 80 to 100 wasps, and upon departure on July 9, minimum 40 and maximum 60, then you will be clean as of July 19.” On July 27, Museeuw sent a message to Landuyt saying: “I have 52”, to which Landuyt responded “Take salt and drink a lot.” One day later, Landuyt again received an SMS from Museeuw that said “Still 52”, to which he replied, “Snuff salt and drink a lot.” April 2004 Museeuw retires after riding one more Paris-Roubaix finishing 5th. April 2004 Immediatly after retiring, Museeuw hired as Director of Public Relations by Lefevere. October 2004 Museeuw suspended from any involvement in cycling for two years. November 2004 Lefevre still backs Museeuw calling the suspension “symbolic” and citing their long relationship. Also stated is Levevre’s desire to have Museeuw backfill him as head of Quick-Step. I guess to be a positive influence on young riders. August 2006 Lefevere suggests that legal action should be taken Floyd Landis for “setting the sport back 20 years.” October 2006, Lefevre states “the last clean winner of the Tour de France was Jan Ullrich, in 1997.” December 2006, the International Professional Cycling Teams (IPCT) led by Patrick Lefevre excludes Discovery Channel from it’s group. The reason is they are involved with a rider (Basso) who is suspected of being involved in Operation Puerto. Let’s pause. What if Lefevre got religion earlier in his career when talented riders, who were actually convicted of doping, were riding on his team? Would Vandenbroucke have continued his downward spiral? What would have happened to Richard Virenque’s resurgence in popularity? Would Johan Museeuw have become Johann Museeuw, The Lion of Flanders? You are either against cheating or you turn a blind eye. You can’t be firmly against doping by your competitors only. Stop hiding Museeuw behind your anti-doping soap box.

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https://pelotonjim.wordpress.com/2007/01/17/

2016-07-26T12:10:23Z

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en

It’s remarkable what you can pick up in three minutes and 45 seconds. This short video by Gary Chapman, author of London’s Hollywood: the Gainsborough Studio in the Silent Years, is an excellent introduction to the British Famous Players-Lasky outpost. This is the time and the place where Victor Saville and Michael Balcon began their ascent through the British movie industry, where Ivor Novello smouldered for Graham Cutts, and where Alfred met Alma, while making a film or two you may have heard of … In the interview, Chandler asks Stephen about how he started out playing for silent films, and Stephen reveals that The Passion of Joan of Arc was the intimidating first film he ever accompanied. They also discuss the differences between composition and improvisation, and in more detail, the music that Stephen has played and written for Stella Dallas, The Manxman, Prix de Beauté and The First Born. Thanks to Chandler and Stephen for allowing me to post this fascinating conversation here on Silent London. Alfred Hitchcock and Alma Reville are back in the cinemas this weekend, courtesy of Sacha Gervasi’s controversial Hitchcock, which imagines what may have gone into the making of the notorious Psycho. Who leered at who during the filming of the shower scene is not the biggest mystery in Hitchcock’s career, however. For anyone who enjoyed this summer’s programme of silent Hitchcock films, the big question is: where is The Mountain Eagle (1926)? Though The Mountain Eagle was only Hitch’s second film, the reviews were unenthusiastic and he described it himself as “a very bad movie”, he made it just before he directed The Lodger, so there really is a chance that it’s not half bad. It starred Malcolm Keen with American vamp Nita Naldi and the plot focused on a school teacher and a hermit in rural Kentucky: Pettigrew, a shop-keeper in a mountain town of Kentucky, falls in love with the teacher, Beatrice. The girl doesn’t consider him as a lover, so he gets angry and accuses her of molesting his son Edward who has a mental illness. The girl marries the hermit, Fear O’God Fulton in order to calm the people’s anger and day by day she falls in love with her husband and a child is born. Pettigrew hides Edward and charges the hermit with his son’s murder. Fear O’God is imprisoned but he escapes and takes refuge in the mountain with his wife and son. (From Hitchcock Wiki) Shades of The Birds maybe? Perhaps that’s just me. By Hitch’s own account, he did not get along with Naldi at all well: First we quarrelled about her nails. They came down from half an inch beyond the finger to a quarter. We had another discussion. They came down to an eighth. Another discussion and they were all right. The heels came down layer by layer. The makeup was altered shade by shade. The hair was changed curl by curl. A few weeks later, when Alma and I were married, we went to Paris for our honeymoon and spent the first day of it with Nita. But that is another story — and one I’m not going to tell. Anyway, the reason I bring this up is that no, I have not stumbled across The Mountain Eagle, but I did discover this rather chilling but elegant silent short on Vimeo. It’s called The Projectionist, it was written and directed by film student Jamie Thraves last year and it features a piano score by Costas Fotopoulos – plus it is loosely inspired by the mystery of The Mountain Eagle. Enjoy – and keep your eyes peeled. Visit The Space for a collection of videos on Hitchock’s silent years, including featurettes on The Pleasure Garden and Matthew Sweet and Henry K Miller talking about “Hitchcock at the Picture Palace”

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CC-MAIN-2016-30

https://silentlondon.co.uk/tag/alma-reville/

2016-07-26T12:04:34Z

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en

Red Flame: This Diner’s On Fire New York is perhaps best known for pizza and diners; classic diners pop up on almost every block and vary wildly from truly awful to exactly the type of hearty comfort food you need. How do you begin to distinguish between those that are good and those that are very very bad? (perhaps a good speciality blog idea…?) Unfortunately, until one such blog pops up, it’s going to be trial, error, and word-of-mouth. Take my advice on this one, the discreet Red Flame Coffee Shop on W.44th and 6th Avenue will not disappoint. I’m not sure whether its the lightening fast and take-no-prisoners service, the consistently delicious grub, the always strong and always hot coffee, or the general diner nostalgia that makes this particular spot in midtown so popular and so good. All of the above allow the Red Flame to rise above the masses of mediocre diners out there and to shine, brightly, in an otherwise moribund dining neighborhood (fancy TGIFridays?). The look is what you would expect it to be pure – pure Americana with bright red boothes that you can sink yourself into, table after table of rather grungy New Yorkers tearing into fluffy omelettes, stacks of pancakes, and thick breakfast steaks, a dining bar with scarlet swivel seats, and a quick-moving staff of apparent Greek family members (cousins, aunts, sisters, brothers, sons, daughters, daughters-in-law, and so on and so forth) doling out coffee refills and sharp instructions. In a diner, would you really want anything else? The menu is endless and fully available all day and all night. Omelettes make a grand showing with 28 varieties available on the menu and many more if you just ask; pancakes and french toast also abound with such options as the banana, peach, and strawberry smother Tropical Belgian Waffle, Lumberjack Pancakes, Cinnamon Raisin French Toast, and Chocolate Chip Pancakes; your usual soup and salad suspects make an appearance with everything from a classic Greek salad to a Turkey Salad, Tuna Nicoise, Grilled Steak Salad, and ‘Popeye’ Salad with spinach and bacon bits. What’s a diner without a burger? The Red Flame grills them up good and well with vegetarian options, a bison burger, a pizza burger, and your typical bacon cheeseburger (my favorite!). Lastly, an overwhelming list of Greek specials and hot entrees offers everything from chicken souvlaki, buffalo wings and fried chicken to fish cakes, broiled scrod, fried scallops, and shrimp scampi to moist meatloaf, lamp chop, beef liver with onion, and breaded veal parmigiana. The big shocker? Most of this stuff is surprisingly good. It’s not haute cuisine, and it’s certainly not culinary artwork; yet, it’s simple and comfortable without frills and frippery. The Red Flame epitomizes the American diner while serving coffee thats not burnt and food that’s fresh and home-made. Perfect For: a New York diner experience, coffee hit, big morning breakfast, fried food fiesta, cheap and hearty dinner

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CC-MAIN-2016-30

https://therightpicknyc.wordpress.com/2010/05/03/red-flame-this-diners-on-fire/

2016-07-26T12:07:37Z

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en

Available for iPod touch, iPhone, iPad, Android, Blackberry, MAC and Windows! I use and follow you guys regularly. As a trucker traveling all over, the info and especially the images you provide have helped me plan my routes AND help me keep an eye on my family's weather while they are at our trailer this summer. Keep up the good work and a most importantly thank you... From all of us. RB & family. Richard K. B. (Facebook)

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CC-MAIN-2016-30

https://tornadogps.com/

2016-07-26T12:07:03Z

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en

stepan at openbios.org Wed Jun 2 12:42:00 CEST 2004 * Li-Ta Lo <ollie at lanl.gov> [040602 19:09]: > On Wed, 2004-06-02 at 11:03, Jay Miller wrote: > did you get the lates version ? The ssh in LANL is broken today so I > can't commit my working version to the CVS. Are you sure it's a LANL problem? I've had problems with the CVS-via-SSH checkout the last few days as I had earlier with anonymous checkout. Only every one in ten attempts gets through, but I did not give up.. More information about the coreboot

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CC-MAIN-2016-30

https://www.coreboot.org/pipermail/coreboot/2004-June/008165.html

2016-07-26T12:14:34Z

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en

In July 2012, the National Labor Relations Board held that a blanket approach and policy requiring confidentiality during all internal workplace investigations violates employees' concerted activity rights under Section 7 of the National Labor Relations Act (NLRA). As a result, by Mark C. Dean Recently, the National Labor Relations Board (“NLRB”) officially overruled longstanding protections against disclosure of witness statements taken by employers during an internal workplace investigation. Since 1978, the Board has maintained that the general duty on an employer...

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https://www.lexisnexis.com/legalnewsroom/labor-employment/tags/NLRB/National+Labor+Relations+Board/workplace+investigations/default.aspx?Redirected=true

2016-07-26T12:54:08Z

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en

Educators endorse U.S. Rep. Lois Capps’ reelection to Congress Rep. Capps pledges to continue to champion education, educators and students WASHINGTON - May 05, 2014 - The National Education Association’s political action committee, the NEA Fund for Children and Public Education, today, endorsed the reelection of U.S. Rep. Lois Capps to the U.S. Congress. “Congresswoman Lois Capps is one of us, and she shares our values and the values of California working families of the 24th Congressional District,” said NEA President Dennis Van Roekel. “She understands that the road to economic prosperity and security starts in our nation’s public schools. In Washington, she’s ably put students and educators ahead of politics. She pledges to invest in our schools and continue to champion educators and students in shaping federal education policy. She’s also a staunch advocate for California working families and, if reelected, will continue to work hard to make the economy work for all of us—not just the wealthy few and corporations. That’s why we are proud to endorse Lois Capps for reelection.” Rep. Capps was a school nurse and health advocate in Santa Barbara County for 20 years. Over the course of her career, thousands of children and families benefited from her personal care and leadership. For 10 years, she was also a part-time instructor of early childhood education at Santa Barbara City College. In Congress, she serves on the powerful House Energy & Commerce Committee and also its Health Subcommittee. “I am honored to have the support of the California Teachers Association and the National Education Association and the thousands of educators they represent,” said Rep. Lois Capps. “Our educators play a critical role in shaping young lives, improving education for all young people, and preparing students to be our nation's future leaders.” “Rep. Lois Capps has the right values and vision to speak up in Congress for educators and students,” said Dean E. Vogel, president of the California Teachers Association (CTA). “As a lawmaker who puts people first, she understands the pressing issues facing our schools. She recognizes the important role education plays in preparing students for the jobs of tomorrow so that America can compete in the global marketplace. We are proud to call Rep. Capps a friend of educators because she will make the right choices to grow the economy for all working families, not just the wealthy and corporations.” The NEA Fund for Children and Public Education, the NEA’s national political action committee, provides direct financial support to candidates for president, U.S. House, and U.S. Senate who will fight to support teachers, staff, and students and improve public education. CTA represents 110,000 teachers, education support professionals, and higher education faculty and staff. Follow the conversation on Twitter @NEAMedia The National Education Association is the nation’s largest professional employee organization, representing more than 3 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators, and students preparing to become teachers. CONTACT: Miguel A. Gonzalez (202) 822-7823, firstname.lastname@example.org

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CC-MAIN-2016-30

https://www.nea.org/home/59043.htm

2016-07-26T12:12:32Z

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en

The following correction was printed in the Observer's For the record column, Sunday 11 July 2010 "Cinderella Man", a track on Eminem's album Recovery was produced by Script Shepherd, not, as we said, Just Blaze Eminem's sixth album, Recovery, comes pre-installed with the kind of histrionic fannying-about now featured as standard on high-profile US urban releases. As it's Eminem, all that fuss – the repeated postponements, renamings and leaks – is turned up to 11. His last album, 2009's Relapse, marked the return of the rapper after a long addiction to prescription drugs; Recovery continues the process of trying to crowbar Marshall Mathers and his sweary soap opera (starring his multiple personalities) back into cultural relevance. No Eminem album has ever really flopped – Relapse "only" sold 3 million; it won him his third Grammy – but hip-hop has moved relentlessly on since Eminem released his first three imperial albums. Lil Wayne and Kanye West have become the genre leaders, a fact Eminem acknowledges on the engagingly self-flagellating "Talkin' 2 Myself". "The last two albums didn't count," Eminem sniffs, resolving to employ the zeal of the recently recovered to rhyme dextrously about doing vile things to women. ("Blood-sucking succubuses" apparently.) Oh, he is terrible. Track one, "Cold Wind Blows", reiterates what a sick, sociopathic individual Eminem is, challenging all comers with shorty-hatin' abuse. But there's also an amusing bit where God strikes him down with lightning. "Ow!" he mugs, having now ticked off the box marked "the One That Re-establishes I Have Not Gone Soft". It is hard to defend the indefensible, but while Eminem has said some unconscionable things in the past about womankind, he worries at length about being a good father to his daughter (and the two nieces he adopted from his ex-wife's sister). If every latterday Eminem album is a long march through Mathers's contradictions, punctuated with splatter-flick levels of lyrical gore, this 16-track marathon (no skits) is better than average. Best beat? The extraordinary stamp of "Cinderella Man" by producer Just Blaze, which sounds nothing like the standard-issue work of producer Dr Dre that usually accompanies Em. What a shame, then, that Relapse is spearheaded by lumpen comeback single "Not Afraid". Rhyming "through a storm" with "whatever weather/ cold or warm" in the chorus is unforgivable for a master rhymer. For a glimpse of that masterful figure, fast forward to "Almost Famous" and the casual drop of "antidisestablishmentarianism" into a heated diss, or the arresting "No Love", which pits a pinging Em in a friendly against Lil Wayne. His Recovery will never be complete – only a time machine can work that magic – but, in bursts, Eminem's health is very nearly rude.

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CC-MAIN-2016-30

https://www.theguardian.com/music/2010/jun/20/eminem-recovery-cd-review?view=mobile

2016-07-26T13:24:09Z

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en

Friday, November 18, 2011 ...longtime Atlanta local Chris Thiessen has been working over at TWS for a couple years now. Doing some web editing, contest filming, etc...He hooked us up on the TWS news section today! Super stoked man!!! Thanks so much for the kind words and love of the South. Hope to see ya soon!! Posted by Jeremiah Babb at 5:02 PM Wednesday, November 16, 2011 ...Found this in a local tattoo rag called Ink Atlanta (?). I dunno, it's usually at Ruin and free. Looked through it last night found our ole amigos in there and wanted to post it ip as a re-hype for these dudes and their gig. I hear they're working their asses off and even got G.Bix stoked and workin hard up there. Super stoked on this kinda stuff. D.I.Y...gotta love that shit. Here's their commercial one more time. Scott Wagoner filmed it. They build over at Dave's Ramp warehouse. I mean, it's just rad stuff. Strat's got 'em. Everyone should support this stuff!!! Posted by Jeremiah Babb at 12:48 PM Saturday, November 12, 2011 ....There's alot of rad stuff in the Thrasher mag this month. From Grant's interview to the Zero dudes. From Dan Plunkett's page to the Jason Dill thing. ...But the one thing I like the most is the Ian Mackaye interview. The last thing he says is "I literally still dream about skating, 'cause it was freedom. I'm so glad I was rolling down hills at four in the morning instead of standing in line at some fucking keg party. Or worrying about getting into college. I was free. I was free as a motherfucker." ...Yeah man, me too. Posted by Jeremiah Babb at 8:08 PM Thursday, November 10, 2011 ...Whoa! Scanners. How do they work? I'm lucky I got this onto a computer screen somehow and was scared I'd mess it up if I tried to "crop" it. Not the point. ...Dan rips. You know. New Thrasher mag, he gave Bender a lil free publicity. No one caught it but me, probably. But thanks so much holmes!!!! Best shit ever!!! ...He informed me, after I thanked him, that Stockton did it first.....such a humble fellow. So D.T.E, ya know? Posted by Jeremiah Babb at 6:34 PM ...We did the Jay Buck Jam last weekend at the 4th Ward park in Atlanta. Stormy brought tons of hotdogs, chips and waters. We had the Falcons game on the boom box. DJ Fari played some tunes and way more people than we thought showed up. I gotta say we have tried to do this memorial sesh somewhere every year. We missed a couple. We all agree the first ones that happened in Piedmont Park were the best, but it's always cool to see just how many people show up. From lil kids who think it's a contest, street mission kids stopping in between spots, old dudes we only see this time of year, the dudes up in the mags, the o.g. Atlanta crew "REEB", and people showing up through word of mouth that we got some free beer and food. Fuck, I saw this dude there all incognito lurkin around and I haven't caught up with him in years. All around it's a rad thing. And the Seaboard dudes thanks everyone for showin up. If you knew Jay Buck or not, it was super tragic and so sudden it shocked all of us who knew him 11 years ago. We miss that dude daily and it's nice to see people roll through to skate and kick it with us old fuckers....Thanks!!! Posted by Jeremiah Babb at 6:01 PM

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CC-MAIN-2016-30

http://benderhardware.blogspot.com/2011_11_01_archive.html

2016-07-28T12:19:57Z

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en

As the last rookie QB alive in the 2012 NFL playoffs, Wilson made an impact that will never be forgotten this year. He broke various records while leading the team to the playoffs. Wilson's incredible year almost didn't happen, though, as he had to fight Matt Flynn for the starting job in the preseason. He won and has never looked back. Now that his season has finally ended in the divisional round of the playoffs with a loss against the Atlanta Falcons, it is time to take a moment and reflect on just how great Wilson truly was in 2012. In the following slideshow, we will break down Wilson's statistics and highlight his various records and accomplishments.

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http://bleacherreport.com/articles/1483300-a-final-tally-of-all-records-stats-for-russell-wilsons-rookie-year

2016-07-28T13:33:55Z

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en

The impact of mobile marketing can’t be overstated. According to IDC, more people in the U.S. will access the Internet through a mobile device than through their PC by 2015. In this new series, Elite Email takes a look at highly successful campaigns to uncover their mobile marketing lessons. This week’s case study: How text messages brought hungry patrons to the doors of a 16-store Subway franchise in upstate New York. Considering that Subway is one of the most successful fast food franchises in the world, operating in over 100 countries with 10,109 stores, it might seem a little unnecessary to go the extra mile with mobile marketing to bring even more attention to the brand.† However, any Subway franchise owner will tell you that getting hungry customers through the doors still requires a smart approach to marketing and great promotions. But a 16-store Subway franchise in the Buffalo/Rochester area of New York learned some hard lessons along the way before turning things around with a wildly successful SMS campaign. The Need for Change Of course, no good case study starts with what went right. Instead, we need to look at where the franchise came up short to really create a solid comparison. In this case, the problem begins with direct mail marketing. Under this system, the Subway storeowners spent loads of money on physical promotions that shipped out to customers in the area. The results for this direct mail plan? A 1 percent redemption rate. Needless to say, those kind of results just weren’t good enough, so the franchise owners made the move to a more forward thinking digital approach. A Smart Plan of Attack So how exactly did this SMS campaign unfold? To start, the restaurant owners promoted the upcoming text message initiative via more traditional outlets, like radio, TV, and local print ads. With these advertisements leading the way, customers soon started opting-in and sending a text to a shortcode number. By doing this, the “My Subway Mobile” campaign set the foundation for constant communications with potential customers via special offers and updates on products and pricing. However, to really get the biggest bang for their buck out of this marketing push, the franchise owners needed to throw in a little extra something for the customers. Building Better Results with Extras and Freebies Naturally, the best way to get customers excited is with discounts and freebies. As part of this, members of the texting list received four to six messages a month, each with an enticing offer for free drinks and food with the purchase of other menu selections. To help light a little extra fire under the user base, these offers came with an expiration date in the message, leading customers to come in sooner and take advantage of these discounts in a timelier fashion. The Final Tally In the place of the 1 percent redemption rate generated by direct mail, the SMS campaign pushed this number up to 9 percent. In terms of customers, more than 5,000 signed up, leading to a final tally of 13,000 messages sent. To put it plainly, it’d be hard to imagine the owners of these 16 upstate New York stores ever going back to dated and inefficient alternatives, like direct mail marketing, after experiencing the success that comes with a smart and well-planned SMS campaign. Can You Use This Approach? To get the same kind of results, you’ll need an audience that will respond to similar techniques and methods. The main points that come from Subway’s approach focus on connecting via the right channel, offering the right discounts and promotions, and making sure you give the customers an incentive for acting fast. In this case, text messaging, free menu items with appropriate purchases, and expiration dates all fit the bill respectively. With these tools in hand, your company can take a marketing path that offers a positive uptick in exposure and real results in your digital or physical store.

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CC-MAIN-2016-30

http://blog.eliteemail.com/2014/03/05/making-the-case-for-mobile-marketing-subways-tasty-take-on-sms-marketing/

2016-07-28T12:23:30Z

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en

Hello everyone, did you all have a wonderful Christmas? I sure did. Remember I told you I knew there would be no surprises for me this year as I was getting a Bike from Jay? Well, I was wrong and oh boy, how wrong I was…. hehe. Not only did I get a fantastic new bike which, believe it or not, is called Blossom, I also got an entire new wardrobe of gorgeous clothes and a bottle of Diamonds perfume as well. To say he ‘floored’ me this year is putting it mildly hehe. He sure knows how to put a great big grin on my face bless him. Well, New year is still a little way off for us in the UK but I thought I’d post my little New Year giftie to you a little early as Jay and I and the girls are planning a little New Year Celebration ourselves tonight. Oh, and I mustn’t forget that we are having a blast off 2010 New Years Day sale over at SAS too. A massive 55% off tons of goodies as well as a super 10 for $10 bag as well. Happy shopping folks. Have a wonderful New year everyone. See you all in 2120 Boo and the Blossoms xx

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2016-07-28T12:23:33Z

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en

This might have been my favorite episode this season so far. First, the sidestory didn't suck or bore. It was a great Sayid short, and in some ways reflect on Sayid's on-Island story as well. I do openly wonder where the writers are going with Mr. Parallel Universe. There something keenly false about it (Jack not remember his appendectomy, Desmond's appearance and disappearance on the plane) and seemingly overly interconnected (Oh, Hi Jin). Will the sidestory Losties realize this? Easy money is that no matter what, MPU is going way for the "real" world - but will the real world send them a note at some point? Will the two realities ever get along? Or at least acknowledge each other? On-Island is where the action is at, though - at like we've seen on previous moments of Lost goodness ... two sides are reaching a boiling point. Anti-Jacob tearing through the temple while various Losties are still figuring out what the hell is going on ... ok, I guess it's more like a toppling point at the moment. One big question I have is: why does Bad Jacob need an army? He's invulnerable, can morph into a killing cloud, and seems to know nearly everything about everybody. And he seems very keen to get people off the island. If we divide out the stakeholders and big bads over the seasons, they always seem to have one of three goals: keep everyone on the island, get off the island or kill everyone on the island. Bad Jacob for some reason is picking the second two. Clearly if you want to join his escape, he has a use for you ... otherwise you're just a potential obstacle. Another Lostie I know brought up the notion that Dogen's speech about how everyone has two parts to him might explain Jacob and Anti-Jacob quite well. They're two sides of the same entity, which is why it may have specific rules about who can kill what and where it can be when. Or something. On a side note - why was Dogen the protective factor of the Temple? That seemed way convenient. On a side, side note ... notice how Illana calls everyone by their last (candidate) names? I am, however, off the sci fi theory at this point. Old gods, perhaps, but anything E.T. is feeling more and more like a departure from the continuing themes. Can't wait for next week. I wouldn't want to be in Kate's shoes. Wednesday, March 03, 2010 This might have been my favorite episode this season so far. Tuesday, March 02, 2010 If there's an unspoken rule the Rube Goldberg contraptions should be not just elaborate, but overly so ... OK Go may have just constructed on of the best ones ever: I don't quite remember the last time I saw one that complex, but I'm pretty certain it was on the Internet. I'll be releasing two different Heavy Rain reviews. This one will be quick, and be 100% spoiler free. Later I'll publish a spoiler heavy review which is for people who have played the game but want to see how opinions might fare on Rain's actual storyline and execution. Non-spoiler summary: Heavy Rain is an interesting evolution of interactive fiction. It bears a heavy resemblance to adventure games of the past, but uses the relatively modern concept of Quick Time Events (QTE's) to have the player keep their hand on the wheel, so to speak, of the story's plotline. I'm sure 99.9999% of readers know the idea - but for clarity, players are given an alloted time to match an input presented on the screen. Succeed and you move to one branch in the game, fail and you move to another branch. QTE's have a mixed audience. Game designers have a love affair with them as it allows them to introduce cinematic moments which would normally have very little interactivity and give the player a hand in them. Depending on how narrowly you define the concept, you can blame Bluth for the entirety of Dragon's Lair's game mechanic or as recently as God of War for popularizing the notion. David Cage first utilized this blend with the PS2 title, Fahrenheit (called Indigo Prophecy here in the States). Cage's take on QTE's is different than most - there is a real effort to match the motion being presented to the player to the one being portrayed on the screen. This was true in Fahrenheit and is extended in Heavy Rain. There's a large percentage of interatctions which aren't narrative as much as they are immersive. Quantic Dreams wants you to feel closer the protagonist on the screen, so when they open a car door ... you'll pull the controller stick to the left. Dialogue is handled by options floating around the currently controlled character, as are the character's own thoughts to provide the player with insight and the occasional hint. The end result of all this is a character with their own brain that can be nudged, at times harshly, in one direction or another. This is an important distinction. The characters in Heavy Rain are not avatars. You cannot go anywhere and do anything, you can move around, succeed, fail, have conversations and make basic choices. But you can't play someone like they are a jackass if the character isn't one. This is what places the game apart from most games - Heavy Rain is actively constructing a narrative for you - with real characters who are in conflict with each other, a plot which puts most any game plot to utter shame, and consequences which may not be apparent while you're playing out a scene. The question of whether Heavy Rain is good relies a lot on the story - and in this spoiler free edition I'll just say: the story is good. If you're playing for the story, you'll get your money's worth. The real question is whether Heavy Rain is for you ... because it certainly isn't for everyone. Even if it handles QTE's better than most every other game, they are still QTE's. Also, this isn't Max Payne ... you aren't going to run around shooting everything while occasionally getting punctuated with the storyline. The game is a essentially a 9-10 hour long movie with you pushing buttons. And I think that's the bottom line: Heavy Rain isn't a game in the traditional sense. Or rather, it's a game in the sense of some very specific traditions - but more Zork or King's Quest than Halo or Final Fantasy. If that's intriguing, go play it. If it isn't, God of War III is due out next month. The initial e-mail was sent Feb. 19 and obtained by The Associated Press. Subsequent e-mails, posted by the Los Angeles Times, showed Chartier giving more specific instructions, asking Oscar voters to rank "The Hurt Locker" at No. 1 and "Avatar" at No. 10 on this year's preferential ballot for the newly expanded best-picture category. They're considering taking away Chartier's Oscar tickets or (more unlikely) removing Hurt Locker from the ballot. I can only imagine the tension behind the now expanded Best Movie category, with small productions like Locker going up against blockbusters like Avatar, but Nick needs to learn one of the golden rules of Internet decorum: everyone involved in a flame war looks like an ass. Monday, March 01, 2010 I'm leaning at this point to write a couple of Heavy Rain reviews, ranging in their spoiler-ness - but this isn't one of them. This is a response to the Destructiod column Why Heavy Rain proves Ebert right There won't be much in the way of spoilers (no more so than the original article), but probably some. Well, one. To get to the crux of it, let's quote the Ebert man himself: I am prepared to believe that video games can be elegant, subtle, sophisticated, challenging and visually wonderful. But I believe the nature of the medium prevents it from moving beyond craftsmanship to the stature of art. To my knowledge, no one in or out of the field has ever been able to cite a game worthy of comparison with the great dramatists, poets, filmmakers, novelists and composers. That a game can aspire to artistic importance as a visual experience, I accept. But for most gamers, video games represent a loss of those precious hours we have available to make ourselves more cultured, civilized and empathetic. There are lots and lots and lots of issues with Ebert's stance, not the least of which that art is less meaningful is it is participatory. More specifically, though, I'm taking issue with the examples the Desctructoid column uses to give strength to the stance. I will agree - Heavy Rain speaks to the heart of Ebert's argument. The player, as intruder to the narrative, as the potential to derail the storytelling intended by the original storyteller (in this case, the makers of the game and more specifically, David Cage). I just don't think player derails the story in the way Anthony portrays. This is his evidence (here be spoilers): But if you're curious about how the sex scene will play out, or if you have some personal interest in getting these two characters to screw regardless of their motivations, you can force Ethan to have sex with her. Congrats: you get to watch a sex scene and a murder at the same time, as Ethan's true character is obliterated before your eyes. Ebert proves himself right: your ability to control the story has resulted in a bad story. And I disagree because I, in playing the game, arrived at the exact opposite conclusion in this scene. Ethan, having been rather brutalized at this point and presented with an attractive woman in his hotel room who has been helping and now clearly willing ... what straight man wouldn't get his freak on, as Anthony puts it. The Girl and I were on the couch while this was unfolding and it was pretty clear to both of us that Ethan would go for it. So the ensuing scene for us didn't seem jarring or narrative breaking in the least. Now - here's the counterpoint I'm trying to make ... Anthony has his opinion on Ethan's character, I have mine. If Anthony chooses to have Ethan get it on, even if he feels it would make for a bad story - well, that would be because Anthony is choosing a sex scene over story. Heavy Rain provides the tools, Anthony has simply made his bed and then proceeded to complain about it. But if we go back towards the days of gaming and media originally colliding, when DVD's were king and a notion like Tender Loving Care seemed like a good idea, this sort of "player as director" notion was exactly the goal. Maybe a senseless sex scene, to that player-director's opinion, doesn't make the most sense ... but it's there because that is the story the player-director wanted to have. Which seem to put gaming in pretty even keel with movies. If the director feels a sex scene will increase the entertainment value, story be damned ... there is a good chance there will be one. And how many movies have sex scenes in them? Anthony's version of the story was bad to Anthony, but because of the choices Anthony made. His premise is founded on the concept that the sex scene makes for a bad story under any circumstances and hence the lack of an authorial dictatorship makes for art which is less than what a movie might provide. And yet in my viewing of the same scene, I could see Ethan being too weary for the old beast with two backs, but for the most part I just assumed he wasn't gay. Long time readers of Cathode Tan will know this next section of the article got my ire: You can definitely sabotage Half-Life 2 if you wish, but the alternative to "sabotage the story" is not "get bored and feel useless." While you don't have any input over the direction of HL2's story, you still have a personal reason to keep playing: the action sections that comprise the majority of the game are fun enough that even if you don't give two shits about Alyx Vance, your input still feels relevant. If you wanna sabotage HL2's story, you can, but you'll still have some fun with the shooty-shooty stuff. If you don't sabotage HL2's story, then the shooty-shooty stuff just feels more meaningful. It's an imperfect combination of story and gameplay, but the failure of one part doesn't destroy the entire experience. As Heavy Rain consists of nothing beyond some QTEs and a boatload of story decisions, it's got nothing to fall back on if the player decides to ruin the story by screwing with the characters. Ah, yes. Let's recap Half-Life 2's story one more time. Gordon Freeman is transported to the future where the guy responsible for ruining the Earth is running it, and he runs around a lot, meets a few people, blows up a few more, then decides to trap himself to watch a few cut scenes and then blow the whole thing up. The story sucked. And Gordon was a horrible protoganist. In fact, he isn't really a protaganist as much as he is a reader surrogate. Alyx is far more of a central protagonist to even the paper thin HL2 plot than Gordon, who is mostly a voyeur with a gun. Anthony has it backwards, I think. You can't screw with HL2's story, partially because there isn't much of a story to begin with and also partially because you have no real control over the story. You can play (shooty-shooty stuff) or not play (throwing milk cartons), but can't shoot Alyx or side with the Combine or make any real impactful decisions. Heck, you can't even speak. Heavy Rain's "boatload of story decisions" offers the player control, but largely it still the story the player decides on. And while the end result may or may not be a story the player likes will differ from player to player, at least Heavy Rain had the bravery to try and tell a story with real characters in real conflict that have real interactions. Ethan alone goes through more of a development arc than probably nearly every character in every game produced last year combined. Now, I did have my own issues with Rain's storytelling - but I think blaming it because the player wanted to see some nookie is a pretty weak addition to Ebert's notion. And don't even begin to use Half-Life 2 as a counter-example, unless you really want to frame what storytelling is in the first place.

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CC-MAIN-2016-30

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2016-07-28T12:19:13Z

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This is some code altered from a snippit a friend showed me that clicked the start bar. I am using Windows Spy, which is a MicroSoft built application that shows all Window classes, and their children, running. This code was supposed to click the "Expand Tray" button in the bottom right, but it never gets passed finding/declaring the first Window, "taskBar'. using namespace std; int main(int argc, char* argv) int i = 1; while ((taskBar = FindWindow("Shell_TrayWnd",""))==NULL)//First argument is the CLASS NAME, Second is the CAPTION of the window while ((sysTray = FindWindowEx(taskBar,0,"TrayNotifyWnd",""))==NULL) while ((expandTray = FindWindowEx(sysTray,0,"Button",""))==NULL) The odd part is, the section to find the "taskBar" window class was never altered from the original snippet, but yet loops forever. I have debugged the program, and it indeed loops on the first process. Another strange occurance, when the program runs, the expand tray button disappears, but the tray doesn't expand.

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CC-MAIN-2016-30

http://cboard.cprogramming.com/windows-programming/92608-weird-findwindow-ex-errors.html

2016-07-28T12:23:45Z

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No one has favorited this theater yet In the 1914-1915 edition of American Motion Picture Directory, there is a Gem Theatre listed for Franklinville, NY. By 1926 there was an Adelphi Theatre listed for the town, which had 300 seats. It was listed with 340 seats in 1936. In 1944 it was re-named Park Theatre and with 295 seats it was operated by the Martina Circuit. Still operating in 1965. Just login to your account and subscribe to this theater

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http://cinematreasures.org/theaters/44653

2016-07-28T12:34:15Z

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Washington Post: “National Gallery’s ‘I Spy’ examines the assumed reality of candid photography” “Much of the social despair, isolation and pathology once seen as particularly urban has gravitated out of the cities, to the lands where people bowl alone and cook meth in beat-up trailers.” “But perhaps to some extent, they are collectively registering the annoyance of being women in a world of the male gaze. They don’t respond directly to Callahan’s camera, but they wear the protective mask of women who are used to being stared at, registering existential annoyance at a world in which men play games like the one Callahan is playing.” Admitting that he was “a penitent spy and an apologetic voyeur,” Evans believed that one should “stare. It is the way to educate your eye, and more. Stare, pry, listen, eavesdrop. Die knowing something. In this “grim, abusive, violent, and often beautiful reality of the subway,” he wrote, “we confront our mortality, contemplate our destiny, and experience both the beauty and the beast….Trapped inside” the moving train, “we all hang on together.”

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http://composing.org/composition2012/wp-and-national-gallery/

2016-07-28T12:17:08Z

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The Great WebShop BrainSwap, Part 1 We’re teaming up with some of our very favorite shops on the web to help you, faithful readers, with your holiday shopping! These folks have very good taste. So, we decided to take advantage of their expertise and asked them to pick out their faves from the Photojojo shop to share with you. We’d have chosen ourselves, but that’d be like choosing your favorite from among your very own kids. That is to say… totally illegal. (right?) Now, scroll-along to see what the crews from Threadless and Poketo like most. Meet Threadless’ Community Partnerships Manager and Present Picker Extraordinaire: Fun facts about Christian – He’s been nominated for 3 Emmy Awards and was a Producer for the Smashing Pumpkins ‘Gish’ and ‘Siamese Dreams’ reissue DVD box sets. I love instant Polaroid cameras. Taking a photo without adding a filter and seeing it published right in front of your eyes is raw and magical. Who wouldn’t love a watch that has a face that looks like an f-stop? Seriously. Want to have some fun with long exposures and not get arrested for graffiti? This is how you do it. Have a good time and don’t inhale. This twisty and bendy tripod is awesome when you want to take really amazing photos on the go from really gnarly angles. There is so much cool stuff that you should share with your loved ones. A Photojojo gift card makes for friend-makin’ fun. Threadless is an online community of artists and friends. As the company explores new opportunities and canvases for its artists, it keeps true to the core of its business; anyone from any corner of the Internet can make and pick what Threadless sells. Since 2000, thousands of artists have submitted their work. And every single week, Threadless transforms their weird, geeky, and beautiful ideas into tangible art. Join their community of 2 million – make, pick, play, and shop at Threadless.com. Meet Poketo’s Graphic Designer and Photographer and Arbiter of Good Taste: Fun facts about Lehua – She lives in Los Angeles with her husband and their pup named Maps. She loves living in a city with so much life and enjoys capturing her surroundings on a regular basis. She loves good food, music, and art and tries to surround herself with the things and people that make life a beautiful journey. I’ve been on the lookout for a simple, but charming, camera strap. The Toyko Dreamer Strap fits the bill nicely with its clean and delightful design. Saving photo opportunities from dead battery hell. What’s not to love? I tend to find myself in a pickle quite often when I see the red bar on my iPhone appear (and drain rapidly) as I continue to ignore its nagging warning. Now I truly can ignore this warning and capture away. My love for photos is only rivaled by animals, so the combination of the two together = perfection! I love its quirky appeal and am appreciative of the extra company while editing into the wee hours of the night. Most genius ideas are simple at heart and this is one of them. One of my biggest pet peeves is that I always have a tendency to tilt my photos by an angle or two. Au revoir, crooked photos! I’m from Hawaii so naturally I have a love for the ocean. I love taking photos with my iPhone and this would be the perfect accessory for my next trip home! Poketo is an online destination and brick and mortar shop for design-driven wares that take art off the gallery walls and into people’s lives. We host art shows and workshops in hopes of bringing the community together and continue to work with artists around the world.

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2016-07-28T12:19:48Z

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I shared the Amazon link (pre-order the paperback, and Kindle format coming soon!) on Facebook and have tweeted news about my book...once. It feels funny to self-promote. In the same breath, I'm proud of the project and the content concept. To Mormons, With Love is written primarily for an LDS audience, (Apologies to my mother's bridge group if you've been misled. She was confused.) but I believe there's cross-over potential. Several nonmember friends pre-ordered the book on Amazon. I'm flattered and moved by their blind trust and support. If you're not LDS, but have Mormon friends, neighbors, or a general curiosity about life in a predominantly Mormon community, you might enjoy my story and message. It's a quick and easy read, but tremendous thought is behind every word, illustration and design element. I was asked to write a feature article for LDS Living based on the book. The article will appear in the November/December issue. To say that I'm honored and thrilled for the opportunity is an understatement. Very shortly, like in a matter of hours, my new site will be complete. Ninjamatics, founded by Elan and Aidan Morgan (Schmutzie and The Palinode), did a fantastic job redesigning my blog. I'm so pleased. I don't want the project to end, because it's been such a pleasure working with Elan. A few of you have already taken a peek at the site because it's not password protected, but give me a minute, and I'll share it with the rest of you. CSquaredPlus will have a new name and different look, but I'll continue to blog in the same manner—sporadically and about personal things. I'll also promote my book, but not ad nauseam. I promise. If you're a current subscriber to CSquaredPlus3, your feed will automatically be transferred to the new URL. I'm excited! And nervous...

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CC-MAIN-2016-30

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2016-07-28T12:25:51Z

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Guess what we’ve got to talk about this morning? Baseball, baseball and more baseball. And a few other items. MSU right-hander Chris Stratton now has a centerpiece for his trophy shelf, taking home the Ferriss Trophy in Jackson yesterday (CLICK HERE). The junior from Tupelo has made quite the impression on scouts and others who follow college baseball on the national scene. But Stratton has also impressed on a more local level. Ole Miss second baseman Alex Yarbrough, who was also a Ferriss finalist, spoke highly of Stratton and the improvements he’s made since last year. “He’s got three really plus pitches. His fastball really jumps on you, and he can throw a slider and his changeup in any count. He’s made great strides this season, and it’s really paid off for him,” Yarbrough said. Much of what was discussed about Stratton yesterday was the same ground I covered in a feature story on him a few days ago (CLICK HERE). The mild-mannered Stratton has taken on a more aggressive demeanor on the mound while also keeping his emotions under control. Off the field, he’s still the same Stratton he’s always been. “Off the field he’s president of the United States. He’s the governor,” MSU coach John Cohen said. “There’s nobody in the world that would dislike Chris Stratton. He’s just a remarkable young man. He does it in the classroom, he does it in the community. You just can’t say enough things.” • Also in today’s Journal is an update on the Bulldogs themselves (CLICK HERE). They’re coming off a tough series loss at Florida, which has moved up to No. 3 in the Baseball America rankings (MSU fell out after being 25th last week). The pitching last weekend was superb, the hitting not so much, and there were some defensive issues (five errors, leading to three unearned runs). MSU was only outscored 6-4 on the weekend. Maybe the offense will come around and be more consistent, but it’s no secret MSU will have to ride its pitching to whatever postseason success might await. “I just want our guys to not move, keep standing there,” pitching coach Butch Thompson said. “We’re really doing some of this early on, but two outs we couldn’t get out of some innings. That’s how close it was, and (the Gators) were making the one more pitch or getting the one more out or making one more play defensively. For us to go anywhere, that’s what we have to be able to do, to continue that for our team.” MSU plays Central Arkansas tonight and then hosts No. 4 Kentucky this weekend. I’ll try to break down the possible SEC Tournament seed scenarios for State later this week, assuming the process of it doesn’t drive me to heavy drinking. • Hey, look, USA Today has a new database listing schools’ expenses and revenues (CLICK HERE). Have some aspirin handy and enjoy. • ICYMI (that means “in case you missed it” in Twitter shorthand), a couple of former Bulldogs signed as undrafted free agents on Monday: James Carmon with Buffalo, Wade Bonner with Philadelphia.

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http://djournal.com/sports/college/mississippi-state/on-the-links-stratton-strong-pitching-etc/

2016-07-28T12:53:55Z

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Not only is gold jewelry beautiful, but it is also a great accessory for just about any outfit that you have on. It really does go with anything! From swimwear to a business suit, gold jewelry makes any outfit stand out, especially if it is the right piece. Let’s take a look at some of these great jewelry finds: [phpbay]gold fashion earrings,2, “”, “”[/phpbay] [phpbay]gold fashion necklace, 2, “”, “”[/phpbay]

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CC-MAIN-2016-30

http://fashionistastyles.com/gold-jewelry-for-any-outfit/

2016-07-28T12:18:35Z

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en

It’s Monday and you know what that means…another fit gift guide! You’ve already seen our six best fitness gifts and our fave fit foodie finds, and today we’re bringing you seven gifts that’ll get any fit geek just busting out of her suspenders in delight. And, okay, even if you don’t rock the suspenders, we think you’ll love these fit gifts that involve some darn cool technology! Holiday Gift Guide: 7 Fit Gifts for Techies 1. Nike FuelBand. Nike’s FuelBand is pretty much like an awesome, more high-tech pedometer. Through a sports-tested accelerometer, it tracks daily activity such as running, walking, basketball, dancing, along with each step taken and calorie burned. It also tells the time of day. Users can set goals, synch it up to their cellies and social media channels and get to getting fit! Best for: The fitness geek who likes to track each and every one of his or her fit moves.

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CC-MAIN-2016-30

http://fitbottomedgirls.com/2012/12/holiday-fit-gift-guide-7-gifts-for-all-the-techies-in-the-house/

2016-07-28T12:28:34Z

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en

Botanical name: Syzygium cumini Family: Myrtaceae (Bottlebrush family) The evergreen jamun plant is originally from Indonesia and India. Indian mythology describes the Indian subcontinent as an island, 'situated in the centre of the world', called Jambudweep. Because of a majority of Jamun (black berry) trees, this island was named as Jambudweep. An evergreen tropical tree, 50 to 100 ft. tall, with oblong opposite leaves that are smooth, glossy and having a terpentine smell. Jamun has fragrant white flowers in branched clusters at stem tips and purplish-black oval edible berries. The leaves are antibacterial, and are used for strengthning the teeth and gums. The fruit and seeds are sweet, acrid, sour, tonic, and cooling, and are used in diabities, diarrhoea and ringworm. The bark is astringent, sweet sour, diuretic, digestive and anthelmintic. Identification credit: Radhika Vathsan The flower labeled Jamun is ...

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CC-MAIN-2016-30

http://flowersofindia.net/catalog/slides/Jamun.html

2016-07-28T12:24:25Z

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en

By Ol' Red, Aurora, Colorado, USA Bill Is A Great Big Liar All fishing begins with a lie. And, if there is a Master of fishing, Bill is it. If you've read his story, then you have swallowed a rather skewed version of the truth. I know, I know. With Truth there are always three sides: His side, Her side, and what actually happened. I will try to rise above the singularity of "my side" and attempt to tell the truth, or at least a version that comes as close to it as possible while never exaggerating the size of a fish, the actual temperature reached by the term "cold," or, Bill's hair loss. It's true that Bill is an excellent angler. His specialty is flyfishing. He does in fact have hair loss, but the way its fallen out makes him look like an Irish monk, and a fairly cute one at that, so things work out. It is also true that he did in fact finally get me to watch A River Runs Through It to peak my interest in flyfishing, but it would be far more accurate to use the term "hounded near to death" rather than his usage of "I suggested she watch . . ." He did not lie about it not being entirely about flyfishing. And yes, I was absolutely taken with the displays of Olympic-type casting. What can I say. I was taken with the sheer beauty of the art. And, I do have to agree with Bill on this point, anyone watching that casting and not being taken with it is a souless bait One point I do have to give Bill, and it's a big one, he let me jump into casting. He even warned me when cars were coming and how fast I'd better jump to the lawn. After an hour of casting with his direction (not to mention a comb on the road and something fuzzy on the end of the leader with which to hit said comb) he pronounced me "a natural." I have no idea what that means, but it seems to give him the gripes when other flyfisherpeople watch me cast and call their friends over to watch as well. That actually happened at The Frying Pan river late evening and it confused me but made him move downstream a bit further, thereby giving me even more room to let fly my line. Like I said, things work out. Also true is the fact that I am a Fishing Heathen. Yes, I do wear jeans I had in the closet since the '70's. Yes, I do have a small, waterproof flybox which holds not only my flies, but a pack of cigarettes, a lighter, my bottle of floatant and my fishing license. It's all I need except for my nips, which I clip to my tee shirt pocket. Oh, also, I have a hat. A nice, Gary Borger-style fedora. So says Bill at any rate, and I do have to admit, he knows his Gary Borger. Except I don't think that Gary ever hot-glued a mouse fly (which I thought was cute) and several other totally unrelated flies that I found in trees, under rocks and oddly enough, on the back of my jeans once I got home. I did find one in a fish once, but I dropped it in the river because the fish suddenly decided to swallow the fly that I had in fact latched him with. And it isn't like I've never fished. The 'Trinidad' Bill refers to in his story is not the Trinidad in Colorado. I grew up in the Carribean fishing, not with a pole and all that fancy stuff, but a coffee can with a stick of wood nailed through the center, my line wrapped around the can. I am used to "casting" by letting out a lot of line, swinging it over my head in circles and letting fly. I also dig my own worms (which I don't consider "icky"), cut my own bait, and, on the occassion, have been known to jump into the water with my hunting knife and slam it into the head of the first passing object that looks edible. He had that part right. Okay, on to the "Pan Fiasco." Let's see how this all started. He told me the part about his yearly camping trip to the Frying Pan was "pretty much cathartic" and "almost a religious experience." He also used that line we've all heard from anyone trying to rope us into going fishing with them: "There's fish there as big as your leg!" There are no fish as big as your leg, and we all know this so he wasn't fooling me on that point. But his eyes light up at the prospect, and, I like to camp so I figured eh, why not. (Of course the fact that he did fall to his knees was really unnecessary, but fun.) The part about the thunderstorm was absolutely correct. Except I never used the term "horrific," more like "WOWSER! This is great!" But then, I wasn't driving. On bald tires. He has his priorities. Safety is a big one, but only when it concerns water and rocks. It was near dark when we arrived at the camping site (it was indeed as nice as he claimed it to be, and the owners knew what they were doing), set up the tent (after he figured out which thing went where and that he did have to use a rock to bang the stakes in because a mere shove was not going to cut it in that wind), and cooked a nice hot dinner, which we ate under the stars and a moon as big and bright as Bill's eyes whenever the thought of him being up to his heinie in Frying Pan water hit. He got up very early the next morning. He could afford to do that, as he had not spent the night as I had, trying against nature, bone structure and simple physics to ball himself up tighter and tuck the blanket so that every bodily part was actually covered from the converging snow. These acrobatics on my part was made all the more difficult by his insistence that HE owned ALL the covers and I could freeze to death while he snored peacefully. Yes, he did make the coffee, but it had nothing to do with gentlemanly behavior. It was meant to be a sacrificial offering to the heathen Lady Of Ice that I had become overnight. And a wrathful Lady I was indeed. He actually had the nerve to stand outside the tent trying to convince me that it was warmer out there than where I was. I was not about to give up my half hour of hotly debated and heroically won covers. Especially as he was trying to hoodwink me yet again. I might have actually sucked into that bait had it not been for the knocking of his chicken-legged knees. Yah. Warmer. I crawled out. We had coffee. We had breakfast. A very good one. He's right about that. We did make it to the river. It was indeed beautiful. More right for Bill. After this, the stories take sharp turns to the right of truth and perhaps reality. He caught fish. I did not. I never care if I catch fish. He cares very much if I catch fish. Ever try to fish with a noodge on your back? Constantly? "Try this fly. Okay, now try this one. I think it's too bright for them to bite. I think it's too cloudy. Excuse me for a minute, I seem to have a 16 pounder on my line and I may need some help to wrestle it in. Could you grab my net, dear?" Never mind the fact that I'm standing on a waterfall trying to keep a foothold in water cold enough to numb my feet to the point where they're swelling. Not that I'm complaining about the cold here, mind you. I happen to like my legs going numb. I figure when I finally snap an ankle because of a misstep, hey, it won't hurt as much and I'll look fairly tough when the paramedics finally show up. Unlike Bill who jammed this thumb (it is not in fact broken) falling against a rock, and then complained all day that it "might be broken." He said this while wiggling it around. I prayed to the fishing gods that some old, blind trout might mistake it for something yummy and just bite it off. At least he'd have something to actually complain about, not to mention one heck of a fishing tale that could actually be proven by him simply saying, "If you don't believe me, count my thumbs." It is now deep into October and he is still complaining about his thumb. Reminder to self: make sure next fishing buddy has tougher bones. To our good luck, that evening was quite pleasant and no one froze to death. We ate outside and talked, then went to the tent and didn't fight about the covers. After my promise to heat the tent with the campstove while he was sleeping, he took great care to make sure I had my share of uncontested warmth. Even the morning was decent, but the best part of the whole trip was the really terrific showers. Plenty of very hot water and it came out strong and unrestrained. Another nice breakfast, another trip past every single place I wanted to stop and throw a fly, and, once again, back to the "Bill's Sweet Spot" that had only shown me scorn and ingratitude. Except this time, his rod broke. After he had spent an hour donning his excessive fishing gear. So there! He of course blamed me. I had dropped a case of Pepsi on it or something. (A lie.) I fell in the very cold river. So there! The Fishing Gods are a pack of happy campers with no care about the concepts of injustice. I went numb. So what the heck, I went into the river deeper. I think my bra froze. But the fish were going for my fly. HA! We had to piece together a rod from two rods. I even offered Bill my rod. I would have offered him the moon and stars if only he'd shut up for five minutes. We finally exchanged rods. Nothing bit. Bill rigged for depth charges, his term for nymphing. He caught. My rod fell apart every 4 casts. I was happy beyond belief. I was about 100 yards downriver of Bill. The day ended with Bill: 3, Me: Zip. Man it was fun! On the way home, he decided to get even with me for every imagined injury and took me up the side of a mountain on a road a guy in a goat cart would find terrifying. There were no rails. True. There were sheer thousand foot drops. True. I am afraid of heights. True. I am more afraid of going off a crumbling road in a car at a speed of 30 mph with only a few thousand feet of open-air drop before a very sudden rock stop. Very, very true. My toes left claw marks on his dashboard. True. On the trip down where the road grew wide and happy, there were death threats made. True. I intend to keep them. True. I'm looking forward to the trip next year. True. But this time, we'll go before Labor Day and we'll bring firewood and a heater for the tent. Absolutely true. ~ Ol' Red Lighter Side Archive

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CC-MAIN-2016-30

http://flyanglersonline.com/lighterside/part111.php

2016-07-28T12:29:55Z

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en

The nation is still reeling from the recent tragedy at the Fort Hood base in Texas, which left 13 U.S. soldiers dead and over 30 wounded. Major Nidal Hasan, an Army psychiatrist, perpetrated the horrific crime. Most media outlets have turned this into a case of security at military bases and have focused attention on ideology and religion as motivating factors. The mainstream media, however, is neglecting Hasan’s primary motivation behind the attack: war and occupation. Specifically, he was driven by anger about U.S. actions in both Afghanistan and Iraq. In fact, Hasan is a domestic example of what our policies in those two countries may be creating abroad. To miss the connections between the attacks and U.S. foreign policy is to miss the whole story. The Fort Hood tragedy is directly linked to U.S. foreign policy. The tragic effects of the policies that motivate those abroad to attack U.S. soldiers have finally hit home in a direct and devastating way. Opposition to War Hasan strongly opposed the U.S. wars in Afghanistan and Iraq. He was traumatized by his work at the Walter Reed Army Medical Center, where he was a psychiatrist who helped veterans returning from Iraq and Afghanistan cope with combat stress. Hasan was also visibly upset by the mental and physical anguish the soldiers were going through. This almost certainly pushed him toward stronger opposition to the wars. His view that these wars were unjust acts of aggression is hardly radical — a majority of Americans no longer support the continued occupation of Iraq, and there is rising opposition against the war in Afghanistan. Protestors have spoken against both wars in the streets around the world; many scholars and experts, few of which could accurately be called liberal or progressive, opposed the wars as well. Thus, Hasan’s political opposition to these wars is hardly unusual. His views coincide with the majority of Afghanis, Iraqis, and Americans. The wars also created problems for Hasan in the military. After 9/11, he suffered strong harassment. He was mocked because of his name and his faith. One soldier, returning from Iraq, scratched Hasan’s car and ripped off a bumper sticker that read “Allah is Love” because he objected to Hasan being a Muslim. The situation had gotten so serious that he consulted an attorney to find a way out of the military. He had even offered to pay back the Army for his medical training if they would discharge him. Hasan also pushed for Muslim soldiers to be eligible for conscientious objector status in an effort “to increase troop morale and avoid adverse events.” However, none of this was successful. In fact, he had recently been notified he was to be deployed to Afghanistan. The army isn’t yet confirming that Hasan asked for a discharge, but it seems fairly obvious that he wanted out of the military. Hasan was, by all accounts, a very calm, quiet, and relaxed person. Yet he committed an incredibly violent act at Fort Hood. The attack seems premeditated as well. Hasan said lengthy goodbyes to people beforehand. He also cleaned out his apartment and gave away his food. Hasan was a textbook case of an individual who engaged in risky behavior because of a very negative frame of mind. He apparently stated that Muslims should stand up and fight the aggressor, and was also reportedly hopeful that Obama would pull troops out of Afghanistan and Iraq. Receiving orders that he was to ship out to Afghanistan, to directly participate in one of the two wars he deeply opposed, almost certainly infuriated him. This is also happening with Iraqis and Afghanis. They have been subject to an incredible amount of violence over much of the past decade. The civilian casualties in both wars are numbingly high. The social, political, economic, security, and environmental conditions on the ground in both countries are terrifying. Hasan assaulting his colleagues in Fort Hood, a particularly irrational and risk-seeking act, is thus a domestic glimpse into what American foreign policy is producing abroad. Hasan’s mental breakdown is parallel to the mental conditions of thousands of hitherto calm, quiet, and relaxed civilians in war-torn Iraq and Afghanistan. Changing Our Approach The Fort Hood attack should serve as a critical moment for America to reconsider its actions abroad. If pursuing an aggressive and militaristic foreign policy could trigger such a response at home, especially from someone who spent his whole career in the Army, what is it doing abroad to those who are directly in the line of fire? Military punishment is meant to coerce a population into compliance and thus produce relative stability. However, the punishment doesn’t seem to be doing that at all — it may instead be driving populations toward more risky behavior. In Iraq, that could involve using IEDs. In Afghanistan, some have had turned to suicide bombing. In Fort Hood, that involved a gun. Many Muslims perceive U.S. foreign policies as specifically anti-Muslim. The United States continues its occupation of Iraq, is considering escalating in Afghanistan, has launched drone attacks in Pakistan, supports authoritarian dictators in many Muslim lands, is currently waffling on the Israeli-Palestinian peace process, has detained and tortured many innocent Muslims…the list goes on. Even though these are all primarily political issues, Muslims can’t help but see them differently — as a deliberate campaign against a group of people based on their religion. This is evident in poll numbers. A report from July showed that Muslims still held unfavorable views of America, even after Obama’s much-touted Cairo speech, a clear sign that rhetoric cannot undo the effects of policies. Fewer than 20% of Pakistanis, Palestinians, and Turks held positive views of the United States. In fact, Indonesia and Jordan were the only two Muslim countries where over 30% of the public viewed America favorably. The Fort Hood assault could lead to an anti-Muslim backlash in America. Indeed, some conservatives are trying to link the attack to a wider conspiracy theory involving Muslims working with terrorists infiltrating the U.S. government. This plot, which allegedly involves the Muslim Brotherhood and the Council on American Islamic Relations, among others, would be far more comical if congressional leaders weren’t supporting it. Representative Sue Myrick (R-NC), who wrote the foreword to the book behind the ridiculous theory, Muslim Mafia: Inside the Secret Underworld that’s Conspiring to Islamize America, has already stated concern that Hasan was an example of the jihadist infiltration of the military. With her seat on the House Intelligence Committee, she will attempt to investigate Muslim intern “spies” on Capitol Hill. Many conservatives want to use the tragedy to increase surveillance of Muslims. President George W. Bush said we were fighting terrorists abroad so they couldn’t attack us at home. The problem is, our punishment techniques in Iraq and Afghanistan do not seem to be pushing fighters in both countries toward real stability. Instead, our policies are pushing people there — and now here at home — toward violence. The best way to honor the victims at Fort Hood, as well as those in Afghanistan and Iraq, would be to change our policies of war and military occupation, and promote real stability instead.

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CC-MAIN-2016-30

http://fpif.org/fort_hood_the_war_at_home/

2016-07-28T13:28:45Z

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en

Beyoncé To Headline Super Bowl XLVII Halftime Show Madonna, Nicki Minaj, and M.I.A. were the stars of this year’s Super Bowl, but in 2013, halftime producers are raising the stakes. For the first time in her career, Beyoncé will be the main attraction at next year’s halftime show, to be held at the Mercedes-Benz Superdome. Shy of an official announcement, which is expected to come Wednesday (Oct. 17), a source confirmed the news to the Associated Press on the condition of anonymity. With Beyoncé steering the ship, the guest appearance possibilities are endless. The multi-Grammy winner could bring her husband, Jay-Z on stage, who might bring the second half of The Throne (aka Kanye West) with him. If West shows up, and if Bey is feeling generous, she may even allow members of Ye’s G.O.O.D. Music crew to take the stage. There’s also potential for a Destiny’s Child reunion with Kelly Rowland and Michelle Williams. Since giving birth in January, Beyoncé has slowly but surely been making her way back to the stage. In May she marked her official return with a series of shows in Atlantic City, performed at the United Nations, and shared the stage with Hov in honor of his shows at the newly opened Barclay’s Center in Brooklyn. The new mom is also said to be working on her fifth album. Super Bowl XLVII takes place on Feb. 3, 2013. Mark your calendars. MORE ON HIP-HOP WIRED! Photo: Welcome 2 Cali

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CC-MAIN-2016-30

http://hiphopwired.com/2012/10/16/beyonce-to-headline-superbowl-xlvii-halftime-show/

2016-07-28T12:29:57Z

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en

A food server at Barclays Center in Brooklyn, NY. claims that Houston Rockets players taunted him in the locker room with anti-gay slurs before a 2013 game against the Brooklyn Nets, according to a lawsuit filed Tuesday. The employee alleges that he was ultimately fired for complaining to management about the incident. Rasean Tate is suing the Rockets and Levy Restaurant Holdings, the company that handles catering for Barclays Center, for civil rights violations and anti-gay discrimination. Tate, 28, alleges he was harassed for being gay while setting up a buffet in the visiting Rockets locker room before their Feb. 22, 2013 game against the Nets. "When the plaintiff's back was turned to defendant Rockets players, he began to hear laughter and taunting voices saying, 'Get this [expletive] out of here!' and 'He's trying to catch a sneaky peaky!'," the lawsuit states. "When the plaintiff's back was turned to defendant Rockets players, he began to hear laughter and taunting voices saying, 'Get this [expletive] out of here!' and 'He's trying to catch a sneaky peaky!'," the lawsuit states. The server alleges the harassment was not short-lived and that players continued to mock him, although the suit does not specify which players made the remarks. "These series of comments were repeated a number of times by defendant Rockets players and staff," according to court papers. "Plaintiff could hear defendant Rockets players' overlapping voices and laughter." Tate claims a Nets employee witnessed the incident and told him to "just leave" and that he would "take care of it," the suit alleges. Two days later, Tate went to a catering manager for Levy Restaurant Holdings to give her details about what had transpired. According to the suit, he was offered a verbal apology and told the situation would be addressed. Tate was also told Nets players attended tolerance and sensitivity training, apparently in response to his complaint. But this wasn't the end of the server's problems. The suit alleges the catering company removed Tate from locker room duty following his complaints, leading to a significant decrease in his work hours and pay. "This was solely in retaliation for his complaints about the harassment and discrimination he faced by defendant Rockets players and because of the plaintiff's sexual orientation," the suit alleges. Tate claims the catering company violated its own policies by choosing a female employee to cater the dressing room of a male player, even though company policy mandates same-sex assignments for dressing rooms. The suit claims Tate was the only male employee available at the time, and yet he was not assigned to the dressing room in question. The plaintiff was chastised for fulfilling customers' requests, including "retrieving a fork for a customer," according to court papers. Tate was suspended without pay, and although Levy's human resources representative claimed that the suspension was not a disciplinary action, Tate has not been asked back to work, according to court papers. "What happened to my client was deplorable," Tate's lawyer Marjorie Meisdor told the New York Post, which broke the story. "It should not be tolerated by the Houston Rockets or Levy's. What they needed to do was address his concerns, not retaliate against him for having the courage to speak up." Representatives for the Rockets did not immediately respond to phone calls seeking comment. The Brooklyn Nets and Barclays Center are not being sued.

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CC-MAIN-2016-30

http://houston.culturemap.com/news/sports/04-02-14-gay-server-files-harassment-suit-against-houston-rockets/

2016-07-28T12:31:46Z

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en

2 local lawyers offer aid to Guantanamo detainees Like many attorneys, Newton lawyers Doris Tennant and Ellen Lubell handle the more routine work of the legal system, representing spouses wanting a divorce and nonprofits needing legal help. But on Feb. 1, Tennant and Lubell met in Cuba for a face-to-face interview with a client unlike any other: Abdul Aziz Naji, an Algerian Muslim incarcerated at Guantanamo Bay for more than five years as a terrorist. The meeting took place in a 4-foot-by-5-foot windowless room, bare except for four chairs and a table. The clanging of heavy metal doors outside the room set up a constant din during the five-hour interview. Naji was seated in a chair, shackled hand and foot, his ankles chained to the floor. He says he has been tortured. They say he needs a lawyer. "I don't feel like I can be a lawyer without doing what we're doing," Tennant told a Boston Bar Association forum yesterday. "When you really see that the rule of law is being so disdained, it's hard to live with yourself and the oath you take as a lawyer, not to mention a responsible citizen, without saying, 'This is the least of what we can do.' " Tennant and Lubell are part of a nationwide network of lawyers who represent Guantanamo prisoners, organized by the Center for Constitutional Rights in New York. The group is coordinating the defense of about 300 detainees. Tennant and Lubell are among 34 lawyers in Massachusetts assigned to clients. About 750 prisoners have passed through Guanatanamo since January 2002, and about 395 have been released, a center spokesman said. The best-known detainee is Khalid Shaikh Mohammed, said last week to have confessed to masterminding the Sept. 11, 2001, World Trade Center attack and to beheading Wall Street Journal reporter Daniel Pearl. In an interview this week, the two Newton lawyers said they do not know whether Naji and other Guantanamo prisoners are terrorists, but that whether they are should be determined in court. "Let's find that out," Lubell said. "What are we waiting for? If there's reason to believe that, let's get them into a court. We've created a process in this country that we think is good enough for all of us to ferret out the truth." She added that if any prisoner is implicated in terrorist activity, "we should be punishing that person." Formerly a bankruptcy specialist at two prestigious Boston law firms, Tennant, 56, now practices family law. Lubell, 47, exchanged jobs working at another top-flight Boston firm and at the University of Massachusetts to represent nonprofits. They set up their law firm last April. Tennant and Lubell spend half their time now on Naji's defense. They are representing Naji pro bono, which is likely to cost them about $20,000 per year for travel, language interpretation, and legal services. They have raised about $16,000. They have also received phone calls and e-mails accusing them of supporting terrorists. They say they were drawn to represent alleged terrorists by several recent events and by their own religious faiths. In December 2005, Tennant played a role in "Guantanamo: Honor Bound to Defend Freedom," a play constructed from Guantanamo prisoners' correspondence. The program gave her more of a sense of intimacy with their plight, she said. Tennant also learned that a colleague was representing one of the Guantanamo detainees. Then, three other detainees hanged themselves last June, alarming both Tennant and Lubell. Tennant grew up in Georgia, raised as a fundamentalist Methodist, and said she still lives by Christian teachings. "I do take the words of Jesus seriously," she said. "God's law is love." Lubell, a Jew whose father fled Belgium just weeks before it was overrun by the Nazis, said her religion teaches tolerance, respect for others, and defense of their rights. "I always wanted to make the world a better place," said Lubell, a native of New York City. While no charges have been filed against Naji, Tennant and Lubell discovered through a Freedom of Information Act request that the federal government views him as a member of Lashkar-e-Taiba, a Muslim terrorist organization affiliated with Al Qaeda. Tennant and Lubell said Naji told them he was doing humanitarian work for the organization. They said they independently confirmed that it had a social service arm. Tennant and Lubell said Naji told them through an Arabic interpreter that in January 2002 he was flown to Guantanamo, where he said he was held in solitary confinement for about 20 days and interrogated several times for six or seven hours at a stretch. Last October, they said, Naji was moved to Camp 6 and placed alone in a windowless cell. He is allowed out of the cell daily for two hours of solo exercise in a wire-mesh cage. Erik Ablin, a US Department of Justice spokesman, declined to comment last week about Naji. With the other lawyers for the Guantanamo prisoners, Tennant and Lubell have petitioned the US District Court, challenging the legality of the detention. A series of federal laws and judicial rulings have denied the prisoners a day in court so far. The cases are now on appeal to the US Supreme Court. Tennant and Lubell returned to the United States on Feb. 2. "We couldn't tell him for sure when we'd be back," Tennant said. " We don't know what state he'll be in."

<urn:uuid:fec3ab15-9021-4310-ae67-920f64991cbd>

CC-MAIN-2016-30

http://humanrights.ucdavis.edu/projects/the-guantanamo-testimonials-project/testimonies/prisoner-testimonies/2-local-lawyers-offer-aid-to-guantanamo-detainees

2016-07-28T12:28:05Z

s3://commoncrawl/crawl-data/CC-MAIN-2016-30/segments/1469257828282.32/warc/CC-MAIN-20160723071028-00047-ip-10-185-27-174.ec2.internal.warc.gz

en

B1.3 Licensed Engineer Aeropeople are looking for a B1.3 Licensed Engineer who is typed and current on the B412 or AS350 for our client based in the West Midlands. The successful candidate will have work until at least Feb/March time with a possible extension. There are good guaranteed hours available with great working conditions. Only Shortlisted candidates will be contacted Please only apply if you have the right to live and work in the EU

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The Logical Nexus Between The Decision To Deny Application of The Third Geneva Convention To The Taliban and al Qaeda, and the Mistreatment of Prisoners in Abu Ghraib Evan J. Wallach Judge, United States Court of International Trade. Adjunct Professor, Law of War,Brooklyn Law School, George Mason Law School, New York Law School. Visiting Professor,Law of War, University of Münster. Webmaster ILOWA Home Page, www.lawofwar.org. J.D.Berkeley, 1976, LLB (international law) Cambridge, 1981. The author’s interest in the issueshere discussed springs, in part, from his service as an Attorney/Advisor in the InternationalAffairs Division of the Office of TJAG during the Persian Gulf War working in, inter alia,prisoner of war and war crimes issues. This article is respectfully dedicated to my mother, SaraFlorence Rothaus Wallach. In answer to Cain’s question, Genesis 4:9, so many times she told us,“You are your brother’s keeper.” The author, as a Judge Advocate in the Nevada National Guardfrom 1989 through 1995, used those words in briefing the 72nd Military Police Company on thelaws of war. About the 72nd the Final Report of the Independent Panel to Review DoD DetentionOperations, August, 2004, [hereinafter Schlesinger Committee Report] noted: When Abu Ghraib opened, the first MP unit was the 72nd MP Company, based inHenderson, Nevada. Known as “the Nevada Company” it has been described bymany involved in investigations concerning Abu Ghraib as a very strong unit thatkept tight rein on operational procedures at the facility. The company called intoquestion the interrogation practices of the MI Brigade regarding nakedness ofdetainees. The 72nd MP Company voiced and then filed written objections to thesepractices. Id at 74. To those citizen soldiers this article is also dedicated, with pride and respect. The author also wishes to thank Charles Gittings for his excellent web site devoted toenforcement of the Geneva Conventions. http://pegc.no-ip.info/. His extensive efforts made thisresearch much easier. The views here expressed represent those only of the author and not of anyperson with whom, or entity with which, he is affiliated. Our values are non-negotiable for members of our profession. They are what a professional military force represents to the world. AR 15-6 Investigation of the Abu Ghraib Prison and 205th Military Intelligence Brigade,LTG Anthony R. Jones at Assessments as the Senior Military Officer (f) Training, p. 23. Those who do battle with monsters must take care that they do not thereby become a monster. Always remember that when you gaze into the abyss, the abyss gazes back into you. Freidrich Nietzsche , Jenseits von Gut and Böse, IV 146. Revelations of sexual indecencies committed by United States military personnel against Iraqi prisoners in Abu Ghraib prison, An Article 15-6 Report by MG Antonio Taguba characterized them as “...numerousincidents of sadistic, blatant, and wanton criminal abuses...inflicted on several detainees.”between October and December, 2003. Article 15-6 Investigation of the 800th Military PoliceBrigade, http://www.globalsecurity.org/intell/library/reports/2004/800-mp-bde.htm [hereinafterTaguba Report]. Finding of Fact 5.He concluded that they constituted “grave breaches ofinternational law.” Id at Conclusion. and allegations of other misconduct, followed by repeated leaks of documents related to the decision making process regarding the status of captured enemy combatants, forced the release at least some addition documents relating to that issue [hereinafter the government memos]. Taken as a whole, those documents, as well as other known facts, and applicable law, demonstrate that 1) the legal, and perhaps, the factual basis for classification of many Afghan prisoners outside the Third Geneva Convention appears flawed; 2) treatment of persons entitled to the rights of prisoners of war in ways forbidden by the Third Geneva Convention appears to be neither inadvertent nor incidental; and 3) the application of those coercion methods to the Abu Ghraib prisoners appears to be related, to the sexual misconduct by prison guards. This article examines the international law aspects of the determination by the United States government that Guantanamo detainees, and indeed all members of the Taliban That includes those held and questioned in Afghanistan without transportation toGuantanamo. , are unprotected by the Third Geneva Convention of 1949 As “The Third Geneva Convention of 1949 relative to the Treatment of Prisoners ofWar [hereinafter the Third Geneva Convention or GC3]. As a stylistic convention Britishspellings from the English language version of the conventions has been changed to theAmerican. . The government memos And other information released as a result, in, for example press reports and Red Crossreports. See discussion infra. at VI(A)(2). demonstrate that the government based its decision on a finding that either the Taliban was not the de facto government of Afghanistan, and that as a result its military forces were unprotected by GC3, or on a finding that it was the defacto government, but that its forces were unprotected for failure to meet certain purported “requirements” of Article 4 (2) of the Third Geneva Convention.. The article discusses the requirements of Article 5 of GC3 which provides that should “any doubt exist” as to the status of a captured person, a presumption of POW status continues until a decision to the contrary has been made by a “competent tribunal”. The article examines the government memos and other recent information to demonstrate that reasonable doubt does exist as to at least Taliban Al Qaeda detainees present a different question. Their only potential claim to protectedstatus is if, they were in fact, acting as part of the Taliban when captured. The issue, dependingon individualized facts such as the place, time and manner of capture, might or might not presentan issue for resolution before a competent tribunal. This article does not examine otherarguments which an al Qaeda detainee might assert regarding the legality of interrogationtechniques, if that detainee is not a prisoner of war. See, e.g. the Convention Against Torture andOther Cruel, and Inhuman or Degrading Treatment of Punishment, entry into force 26 June 1987,in accordance with article 27 (1), http://www.unhchr.ch/html/menu3/b/h_cat39.htm. [hereinafterthe Torture Convention]. detainees’ status, and that because they have not, to date, been screened by a competent tribunal, they continue to be entitled to treatment as POWs. The article also examines the interrogation methods used to question those detainees and concludes that 1) as to protected persons the methods constitute a breach, in some instances a grave one, of the Third Geneva Convention and 2) that the determination POW status did not apply appears to have been driven by a desire to use those interrogation techniques to obtain information from battlefield detainees in a manner unpermitted by the Convention, and to admit that information in trial proceedings using procedural and evidentiary rules forbidden by GC3. Finally, the article analyzes the development of those interrogation methods, their migration to Iraq, and their application to prisoners at Abu Ghraib. It determines that the sexual misconduct by the Abu Ghraib prison guards, while not necessarily ordered or directed by higher authority, was an evolution reasonably foreseeable from the violations of GC3 already in place. Finally, the article concludes that many of the extraordinary interrogation methods, as applied, may constitute breaches of both domestic and international law, depending on the facts of each detainee’s case. Following the 11 September, 2001, attacks on the World Trade center and the Pentagon the President of the United States immediately characterized those strikes as “an act of war.” 9 BBC News Online, Bush Calls Attacks “Acts of War” (Sept. 12, 2001), athttp://news.bbc.co.uk/hi/english/world/americas/newsid_1537000/1537534.stm. The United States took swift military action against the perpetrators; members of al Qaeda, an international terrorist organization. President Bush, demanded that Afghanistan’s ruling party, the Taliban, turn members of al Qaeda over to American custody. On 18 September 2001, in a joint resolution, Congress, without declaring war, authorized military action against the Taliban. 11 S.J. Res. 23, 107th Cong. (2001) (enacted as Pub. L. No. 1-7-40, 115 Stat. 224). In a furtherresponse to the attacks, on 26 October 2001, Congress adopted the USA Patriot Act of 2001,Pub. L. No. 107-56, 115 Stat. 272, which addresses domestic national security issues. By the end of September, the United Nations Security Council had also adopted two resolutions which (1) identified the attacks on the United States as a threat to international peace and security; and (2) mandated that states “[d]eny safe haven to those who finance, plan, support, or commit terrorist acts.” 12 S. Con. Res. 1368, U.N. SCOR, 56th Sess., 4370th mtg., U.N. Doc. S/RES/1368 (2001); S.C.Res. 1373, U.N. SCOR, 56th Sess., 4385th mtg., U.N. Doc. S/RES/1373 (2001). On 7 October, with the consent of countries surrounding Afghanistan, the United States began extensive air attacks on the Taliban military infrastructures and the al Qaeda terrorist organization. 13 Bush Announces Opening of Attacks (Oct. 7, 2001), available athttp://www.cnn.com/2001/US/10/07/ret.attack.bush. On October 17, the commander of CENTCOM issued an order instructing that the Geneva Conventions were to be applied to all captured individuals in accordance with their traditional interpretation. Thus, “Belligerents would be screened to determine whether or not they were entitled toprisoner of war status. If an individual was entitled to [POW] status the protections of GenevaConvention III would apply. If armed forces personnel were in doubt as to a detainedindividual’s status, [GC3] rights would be accorded to the detainee until a [GC3] Article 5tribunal made a definitive status determination.” Schlesinger Committee Report at p.80. By 21 December 2001, the allied coalition held in custody about seven thousand suspected al Qaeda and Taliban members in Afghanistan. 15 US Questions 7,000 Taliban and al-Qaeda Soldiers, Guardian (Dec. 21, 2001), available athttp://www.guardian.co.uk/afghanistan/story/0,1284,623701,00.html. On 13 November, 2001, President Bush issued a Military Order providing for the trial before military tribunals of non-U.S. citizens who were members or culpable supporters of al Qaeda. In January, 2002, following a screening process a number of those prisoners identified by the United States as particularly interesting were transferred to a prison on the U.S. military base at Guantanamo Bay, Cuba. By mid 2004, approximately 640 such prisoners were held at that base. Rasul v. Bush, 124 S.Ct. 2686, 2690 (2004). On April 27, 2004, CBS’s Sixty Minutes broadcast the first photographs showing prisoner abuse by American personnel at Abu Ghraib prison. In early May, 2004 the New Yorker Magazine published an article by Seymour Hersh Seymour Hersh, Torture at Abu Ghraib, New Yorker, May 10, 2004,http://www.newyorker.com/fact/content/?040510fa_fact. revealed the existence of an internal Army report authored by Major General Antonio M. Taguba. http://www.msnbc.msn.com/id/4894001/. Indexes to the Taguba Report were obtainedby the media at a later date.http://www.usnews.com/usnews/issue/040719/usnews/19prison.b.htm According to Hersh: Taguba found that between October and December of 2003 there were numerous instances of “sadistic, blatant, and wanton criminal abuses” at Abu Ghraib. This systematic and illegal abuse of detainees, Taguba reported, was perpetrated by soldiers of the 372nd Military Police Company, and also by members of the American intelligence community. (The 372nd was attached to the 320th M.P. Battalion, which reported to [BG Janice] Karpinski’s brigade headquarters.) Taguba’s report listed some of the wrongdoing: 1. Breaking chemical lights and pouring the phosphoric liquid on detainees; pouring cold water on naked detainees; beating detainees with a broom handle and a chair; threatening male detainees with rape; allowing a military police guard to stitch the wound of a detainee who was injured after being slammed against the wall in his cell; sodomizing a detainee with a chemical light and perhaps a broom stick, and using military working dogs to frighten and intimidate detainees with threats of attack, and in one instance actually biting a detainee. There was stunning evidence to support the allegations, Taguba added—“detailed witness statements and the discovery of extremely graphic photographic evidence.” Photographs and videos taken by the soldiers as the abuses were happening were not included in his report, Taguba said, because of their “extremely sensitive nature.” New Yorker, May 10, 2004. Follow-up articles on May 17 Seymour Hersh, Chain of Command, New Yorker, May 17, 2004, http://www.newyorker.com/fact/content/?040517fa_fact2. and May 24, 2004 Seymour Hersh, The Gray Zone, New Yorker, May 10, 2004,http://www.newyorker.com/fact/content/?040524fa_fact. Hirsch, citing the Taguba Report,wrote that Major General Geoffrey Miller, the commander of the detention and interrogationcenter at Guantanamo, “urged that the commanders in Baghdad change policy and place militaryintelligence in charge of the prison.” The report quoted Miller as recommending that “detentionoperations must act as an enabler for interrogation.” Hirsh said that Miller “...briefed militarycommanders in Iraq on the interrogation methods used in Cuba—methods that could, withspecial approval, include sleep deprivation, exposure to extremes of cold and heat, and placingprisoners in “stress positions” for agonizing lengths of time. (The Bush Administration hadunilaterally declared Al Qaeda and other captured members of international terrorist networks tobe illegal combatants, and not eligible for the protection of the Geneva Conventions.).” Following the first Hirsch article a stream of leaked photographs and memoranda became a torrent. The materials eventually included provision to Congress of disks containing thousands of sexually explicit photographs depicting sexual abuse of Iraqi prisoners , as well as memoranda drafted by personnel in the White House and the Departments of Justice and State See discussion, infra. Section III. . The Bush administration, including the White House, specifically and repeatedly disavowed the use of sexual abuse as a means of interrogation, and claimed it had never authorized the use of torture to interrogate prisoners . The leaked memoranda, combined with other known facts, tell a more convoluted, complicated and nuanced tale. What follows is a progression of legal rationales which seem to have originated with the decision to try certain captured prisoners before military tribunals, then dealt with objections, based on the Third Geneva Convention, to those tribunals by a Presidential determination that captured members of al Qaeda and the Taliban were uncovered illegal combatants, and then determined that because those individuals were outside the Convention they could be interrogated through means prohibited by its terms. It appears that it was the application of those legal rationales, and the Geneva prohibited interrogation techniques they approved, which eventually resulted in the abuses of Abu Ghraib. The Bush Administration’s Path to Determination of POW Status What follows is a chronological paper trail. For the ease of the reader, the two central analytical memoranda, the Yoo/ Delahunty Memorandum of 9 January, 2002, and the Bybee Memorandum of 22 January, 2002, are more fully discussed and analyzed at the end of this section. On 13 November, 2001, President Bush issued his military tribunal Order. See http://www.whitehouse.gov/news/releases/2001/11/20011113-27.html. That Orderprovides, in part, that individuals subject to the order include current or past members of alQaeda, individuals who “...engaged in, aided or abetted, or conspired to commit, acts ofinternational terrorism, or acts in preparation therefor...” which adversely affected wide UnitedStates interests, or who “...has knowingly harbored one or more individuals” described above.Order at Section 2(A). That Order, and subsequent statements by the President On November 19, President Bush said that the nation was fighting “against the mostevil kinds of people, and I need to have that extraordinary option at my fingertips.” New YorkTimes, 20 November, 2001, Section B, page 5. , Vice President Vice President Dick Cheney, responding to question following a speech to the UnitedStates Chamber of Commerce on 14 November, 2001, “...spoke favorably of World War IIsaboteurs being ‘executed in relatively rapid order’ under military tribunals set up by PresidentFranklin D. Roosevelt....A military tribunal, he said, ‘guarantees that we’ll have the kind oftreatment of these individuals that we believe they deserve.’” New York Times, 15 November,2001, Section B, page 6. , Attorney General According to the Attorney General, “Foreign terrorists who commit war crimes againstthe United States, in my judgment, are not entitled to and do not deserve the protections of theAmerican Constitution, particularly when there could be very serious and important reasonsrelated to not bringing them back to the United States for justice. I think it’s important tounderstand that we are at war now.” New York Times, 15 November, 2001, Section A, page 1. , Secretary of Defense “[Secretary of Defense] Rumsfeld acknowledged that the rules for military tribunalswould be decidedly differently [sic] from those for civilian trials. And Pentagon officials saidtoday that they were devising regulations that were likely to include a more flexible standard forevidence than civilian trials would accept. They said the tribunals would probably allow aconviction of a suspected terrorist on a two-thirds vote of the officers on the panel.” New YorkTimes, 16 November, 2001, Section B, page 10. The Military Order itself, provided for“sentencing only upon the concurrence of two-thirds of the members of the commission presentat the time of the vote, a majority being present...” Military Order at Sec.4(c)(7). , and the White House Counsel At a meeting of the American Bar Association’s Standing Committee on Law andNational Security, White House Counsel Alberto Gonzales acknowledged nearly identicalprovisions in the two orders. Inter Arma Silent Leges: In Times of Armed Conflict Should theLaws be Silent?, Committee on Military Affairs and Justice of the Association of the Bar of theCity of New York (2001) at FN 67 available at www.abcny.org. made it clear that the tribunals were intended to follow procedural and evidentiary rules similar to those used to try spies and war criminals during and after the Second World War. The New York Times quoted “A Bush administration official with knowledge of theplanning said officials had been studying the world War II cases.” New York Times, 15November, 2001, Section B, page 6. “...as one White House official put it, ‘it’s a new reality.’The old rules, the old legal and ;law enforcement cultures, have to change officials argue...” NewYork Times, 18 November, 2001, Section A, page 1. According to the Times, “The incident thatwas uppermost on the minds of Bush administration officials in setting up tribunals took place inJune 1942, when Nazi Germany dispatched eight saboteurs to this country to blow up warindustries...” New York Times, 18 November 2001, Section A, page 1. That incident, of courseresulted in the military commission procedures tested in Ex Parte Quirin. “‘The commissionitself is going to be unique,’ said one military officer involved in the discussions. ‘It will beseparate and distinct from a civilian criminal trial. It will be separate and distinct from a court-martial.’” New York Times, 25 November, 2001, Section A, page 1. Those WW II rules included a rule of evidence first articulated in the 1942 military commission trial of eight German saboteurs, United States v. Quirin, 317 U.S. 1, 63 S.Ct. 2, 87 L.Ed. 3 (1942), see also, Louis Fisher, Nazi Saboteurs On Trial, 52-53, (University Press of Kansas, 2003), which provides that “Such evidence shall be admitted as would, in the opinion of the President of the Commission, have probative value to a reasonable man. “ Section 4(c)(3) of the Bush Order provided for “admission of such evidence as would, in the opinion of the presiding officer of the military commission ...have probative value to a reasonable person.” That rule, as applied in World War Two and in the post-war tribunals was repeatedly used to admit evidence of a quality or obtained in a manner which would make it inadmissible under the rules of evidence in both courts of the United States or courts martial conducted by the armed forces of the United States. See, Wallach The Procedural and Evidentiary Rules of the Post World War II WarCrimes Trials: Did They Provide an Outline for International Legal Procedure?, 37 ColumbiaJournal of Transnational Law 851 (1999); and Wallach, Afghanistan, Quirin and Uchiyama:Does the Sauce Suit the Gander?, The Army Lawyer, (November, 2003). Eventually, the rules under which tribunals are to be conducted were substantially modified retaining only the World War II evidence rule and a limited appellate process. Ibid. To date, no memorandum has been released by the Bush administration detailing the reason for retaining those two rules. It is a not unreasonable conclusion that the rules were promulgated and retained with the specific intention of admitting evidence obtained through means which would require their exclusion under the Federal Rules of Evidence and applicable constitutional authority which prohibits or limits the use of illegally obtained evidence. See, Wallach, Afghanistan, Quirin and Uchiyama: id. See, Miranda v. Arizona, 384U.S. 436, 442, 86 S.Ct. 1602, 1611, (1966) and its progeny. “Over 70 years ago, ourpredecessors on this Court eloquently stated: 'The maxim 'Nemo tenetur seipsum accusare,' hadits origin in a protest against the inquisitorial and manifestly unjust methods of interrogatingaccused persons, which (have) long obtained in the continental system, and, until the expulsionof the Stuarts from the British throne in 1688, and the erection of additional barriers for theprotection of the people against the exercise of arbitrary power, (were) not uncommon even inEngland. While the admissions or confessions of the prisoner, when voluntarily and freely made,have always ranked high in the scale of incriminating evidence, if an accused person be asked toexplain his apparent connection with a crime under investigation, the ease with which thequestions put to him may assume an inquisitorial character, the temptation to press the witnessunduly, to browbeat him if he be timid or reluctant, to push him into a corner, and to entrap himinto fatal contradictions, which is so painfully evident in many of the earlier state trials, notablyin those of Sir Nicholas Throckmorton, and Udal, the Puritan minister, made the system soodious as to give rise to a demand for its total abolition. The change in the English criminalprocedure in that particular seems to be founded upon no statute and no judicial opinion, butupon a general and silent acquiescence of the courts in a popular demand. But, however adopted,it has become firmly embedded in English, as well as in American jurisprudence. So deeply didthe iniquities of the ancient system impress themselves upon the minds of the American coloniststhat the States, with one accord, made a denial of the right to question an accused person a part oftheir fundamental law, so that a maxim, which in England was a mere rule of evidence, becameclothed in this country with the impregnability of a constitutional enactment.' Brown v. Walker,161 U.S. 591, 596--597, 16 S.Ct. 644, 646, 40 L.Ed. 819 (1896). “ See, Working Group Reporton Detainee Interrogations in the Global War on Terrorism: Assessment of Legal, Historical,Policy and Operational Considerations, 4 April, 2004, at p.66.http://www.defenselink.mil/news/Jun2004/d20040622doc8.pdf. [hereinafter Working GroupReport]. N.B. That Report differs to a very large degree from the initial draft report dated 6March. 2004. http://www.ccr-ny.org/v2/reports/docs/PentagonReportMarch.pdf. Citationsherein are to the Final Report. On January 18, 2002, President Bush (the decision is referenced "On January 18, I advised you that the department of Justice had issued a formal legalopinion concluding that the Geneva Convention III on the Treatment of Prisoners of War(GPWIII) does not apply to the conflict with al Qaeda. I also advised that the DOJ’s opinionconcludes that there are reasonable grounds for you to conclude that GPW does not apply withrespect to the conflict with the Taliban. I understand that you decided that GPW does not applyand accordingly that al Qaeda and Taliban detainees are not prisoners of war under the GPW."Gonzaelz Memo, 25 January, 2002. http://msnbc.msn.com/id/4999148/site/newsweek/. See,Bush Says No POW Status For Detainees, CNN, January 28, 2002.http://www.cnn.com/2002/US/01/28/ret.wh.detainees/. in the Gonzales Memo of 25 January, 2002) made a presidential decision that captured members of Al Quaeda and the Taliban were unprotected by the Geneva POW Convention. That decision was preceded by a Memorandum dated January 9, 2002, submitted to William J Haynes II, General Counsel to the Department of Defense, by the Department of Justice's Office of Legal Counsel (which provides legal counsel to the White House and other executive branch agencies) and written by Deputy Assistant Attorney General John Yoo and Special Counsel Robert J. Delahunty. The Yoo Delahunty Memorandum of January 9, 2002 The Yoo/Delahunty Memorandum, along with the Bybee Memo, provided the analytical basis for all which followed regarding blanket rejection of applicability of the Third Geneva Convention to captured members of al Qaeda and the Taliban. Its validity is, accordingly, analyzed in some detail at the end of this discussion. The Rumsfeld Order January 19, 2002 In a Memorandum dated 19 January, 2002 , Secretary of Defense Donald Rumsfeld ordered the Chairman of the Joint Chiefs of Staff to inform combat commanders that "Al Quaeda and Taliban individuals...are not entitled to prisoner of war status for purposes of the Geneva Conventions of 1949." He ordered that "commanders should "...treat them humanely, and to the extent appropriate and consistent with military necessity, consistent with the Geneva Conventions of 1949." That order thus gives commanders permission to depart, where they deem it appropriate and a military necessity, from the provisions of the Geneva Conventions. The Memorandum was promulgated as an order by the Joint Chiefs of Staff on the same date. The Bybee Memorandum of 22 January, 2002 The Bybee Memo, Memorandum of 22 January, 2002 from Jay Bybee, Office of Legal Counsel for Alberto R. Gonzales, Counsel to the President and William J. Haynes II, General Counsel of the Department of Defense, Re: Application of Treaties and Laws to al Qaeda and Taliban Detainees , follows the same structural pattern, and sometimes the exact phrasing, as the Yoo/Delahunty Memo, but with additional analysis of certain international law/ law of war issues. Parts of it are also discussed below. The Alberto Gonzales Memo January 25, 2002 On January 25, 2002, White House Counsel Alberto Gonzales sent a Memorandum [hereinafter the Gonzales Memo] to President Bush regarding a presidential decision on January 18, 2002, (the White House had issued an Order to that effect, dated February 7, 2002, see below) that captured members of the Taliban were not protected under the Geneva POW Convention ("GPW"), to which the legal advisor to the Secretary of State had objected http://msnbc.msn.com/id/4999363/. Secretary of State Powell argued vigorously thatfailure to apply the Geneva POW Convention to the Taliban as a group reversed long-standingU.S. policy and would adversely affect the nation’s standing in the international arena. Hisprojections of potential issues, including legal problems, proved to be substantially accurate. . He advised that "there are reasonable grounds for you to conclude that GPW [the ] does not apply ...to the conflict with the Taliban." Mr. Gonzales argued that grounds for the determination might include: 1) a determination that Afghanistan was a failed state "...because the Taliban did not exercise full control over the territory and people, was not recognized by the international community, and was not capable of fulfilling its international obligations" (see definition of statehood in Cpt. 1.3 and discussion in Kadic v. Karadzic, 70 F.3d 232, 244 to 245 (2nd Cir, 1995) ) and/or 2) a "determination that the Taliban and its forces were, in fact, not a government but a militant, terrorist-like group." Mr. Gonzales then identified what he believed were the ramifications of Mr. Bush's determination. On a positive note he felt they preserved flexibility stating that: The nature of [a "war" against terrorism] places a high premium on ...factors such as the ability to quickly obtain information from captured terrorists and their sponsors ... and the need to try terrorists for war crimes... [t]his new paradigm renders obsolete Geneva's strict limitations on questioning of enemy prisoners... Here are some thoughts on the validity of the 1929 Geneva Convention by the ProvostMarshal General of the United States Army, Maj. Gen. Archer Lerch in 1945. Although theyaddress the 1929 Geneva convention, they seem relevant to arguments about obsolescence. The War Department has followed strictly the terms of this treaty in all the ordersand directives that it has issued governing the treatment of prisoners of war. And Ido not believe that any thoughtful person would have the War Department dootherwise. The Geneva Convention, I might emphasize is law. Until that law ischanged by competent authority, the War Department is bound to follow it. * * * * * * * That treaty, like other laws, can be changed but it cannot be changed bythe War department’s regarding it as a “scrap of paper.” Such an attitude on thepart of the War department would mean that our government is no more honestthan others it severely condemned. It would mean that this government hadsacrificed the place of honor and moral leadership that it has earned in the eyes ofthe world and had suck to the level of Japan whose emissaries talked peace whileits army went to war. I do not intend to indicate that I think the Convention should be changed. Ido not think that any of us are now emotionally fitted to tackle the job of re-evaluating one of the few international laws that has withstood, with aconsiderable measure of success, the hatred and lawlessness that war breeds. Lerch, The Army Reports on POWS, The American Mercury, May, 1945, pp. 536-547. He also believed the determination "...eliminates any argument regarding the need for case-by-case determinations of POW status." The determination, Mr. Gonzales said, also reduced the threat of domestic prosecution under the War Crimes Act (18 U.S.C. 2441). His expressed concern was that certain GPW language such as "outrages upon personal dignity" and "inhuman treatment" are "undefined' and that it is difficult to predict with confidence what action might constitute violations, and that it would be "...difficult to predict the needs and circumstances that could arise in the course of the war on terrorism." He believed that a determination of inapplicability of the GPW would insulate against prosecution by future "prosecutors and independent counsels." Mr. Gonzales then identified the counter arguments from the Secretary of State (See, Colin Powell Memo of January 26, 2002) which included: See also, William H. Taft, IV, Memorandum to Counsel to the President, Comments onYour Paper on the Geneva Convention, February 2, 2002, “The President should know that adecision that the Conventions do apply is consistent with the plain language of the Conventionsand the unvaried practice of the United States in introducing its forces into conflict over fiftyyears.” http://www.fas.org/sgp/othergov/taft.pdf. Past adherence by the United States to the GPW; Possible limitations on invocation by the U.S. of the GPW in Afghanistan; Likely widespread condemnation by allied nations; Encouragement of potential enemies to find "loopholes" to not apply the GPW; Discouraging turn-over of terrorists by other nations; Undermining of U.S. military culture "which emphasizes maintaining the highest standards of conduct in combat..." In response, Mr. Gonzales says, inter alia, "...even if the GPW is not applicable, we can still bring war crimes charges against anyone who mistreats U.S. personnel." He adds that, "...the argument based on military culture fails to recognize that our military remains bound to apply the principles of GPW because that is what you have directed them to do." (Emphasis added). In light of subsequent events, that last sentence is of particular interest. The Ashcroft Letter of February 1, 2002 On February 1, 2002, Attorney General John Ashcroft sent President Bush a letter which strongly indicates the administration’s consideration of conduct which might violate the Third Geneva Convention. Mr. Ashcroft articulated two possible theories to support the conclusion that the protection of POWs under the Geneva Convention did not apply. The first was the failed state theory holding that Afghanistan was not a party to the treaty; the second an argument that although the Convention applied, the Taliban were not entitled to POW status because they acted as unlawful combatants. In arguing for the first option, made through a Presidential determination that Afghanistan was a failed state, Mr. Ashcroft stated: Thus, a Presidential determination against treaty applicability would provide the highest assurance that no court would subsequently entertain charges that American military officers, intelligence officials, or law enforcement officials violated Geneva Convention rules relating to field conduct, detention conduct or interrogation of detainees. The War Crimes Act of 1996 makes violation of parts of the Geneva Convention a crime in the United States. Attorney General Ashcroft’s letter seems to make it clear that by the end of January, at least, consideration was being given to conduct which might violate GC3's strictures regarding the detention and interrogation of prisoners of war. The Presidential Order of February 7, 2002 On February 7, 2002 The Schlesinger Committee Report notes that before Mr. Bush signed that Order theLegal Advisor to the Chairman, Joint Chiefs of Staff, and “many of the military serviceattorneys” had agreed with the Department of State’s position that “the Geneva Conventions intheir traditional application provided a sufficiently robust legal construct under which the GlobalWar on Terror could effectively be waged.” Id at 7. At the February 4, 2002, National SecurityCouncil meeting called to decide this issue, the department of State, the department of Defense,and the Chairman of the Joint Chiefs of Staff were in agreement that all detainees would get thetreatment they would be entitled to under the Geneva Conventions. Id 34. , President Bush signed an Order , accepting the reasoning of the Yoo Bybee and Gonzales memos and the Attorney General’s letter The Presidential Memorandum was directed to Vice President Richard Cheney,Secretary of State Colin Powell, Secretary of Defense Donald Rumsfeld, Attorney John GeneralAshcroft, CIA Director George Tenet, Presidential Chief of Staff Andrew Card, NationalSecurity Advisor Condoleezza Rice, and Joint Chiefs Chair Richard Myers. It referred to “...ourrecent extensive discussions regarding the status of al Qaeda and Taliban detainees,” and notedthe discussions confirmed that application of the Third Geneva Convention to the detainees“involves complex legal questions.” , and validating the order issued by Secretary Rumsfeld on January, 19, 2002. Discussing the announcement of the Presidential Order, Secretary Rumsfeld said thatWhite House lawyers thought long and hard about the situation before making recommendations.The lawyers were worried about the precedent their decision could set about detainees in futureconflicts, he added. "Prudence dictated that the U.S. government take care in determining thestatus of Taliban and Al Qaeda detainees...When the Geneva Convention was signed in 1949, itwas crafted by sovereign states to deal with conflicts between sovereign states." The current war on terrorism is not a conflict envisioned by the framers of the GenevaConvention, he said. Rumsfeld stressed that from the beginning, U.S. forces have treated allTaliban and Al Qaeda detainees humanely. He issued an order in January mandating all detaineesbe treated in a manner consistent with the Geneva Convention. "Notwithstanding the isolatedpockets of international hyperventilation, we do not treat detainees in any other manner than amanner that is humane," Rumsfeld said. Jim Garamone, Rumsfeld Explains Detainee Status, American Forces Information Service, 8 Feb.2002, http://www.defenselink.mil/news/Feb2002/n02082002_200202086.html. That Presidential Order The Presidential Order of 7 February was somewhat nuanced. In reliance on the BybeeMemo of 22 January, and the Ashcroft Letter of 1 February, it determined that al Qaeda wasuncovered by the Geneva Conventions because it is not a party to them. As to the Taliban itaccepted that the President had constitutional authority to suspend applicability of the GenevaConventions to Afghanistan but declined to do so “at this time.” Instead, “...based on the factssupplied by the Department of Defense and the recommendation of the Department of Justice” itdetermined that the Taliban detainees were “unlawful combatants and therefore do not qualify asprisoners of war under Article 4 of Geneva.”Sic. The Order did not clarify the basis for that unlawful combatant finding, but it could onlyhave been made by the President on a finding that while Afghanistan was still a party to theTreaty, the Taliban were not the de facto government of Afghanistan. As to other claims ofirregularity in uniforms, conduct, and leadership, they clearly do not apply to the regular armedforces of a signatory power, and accordingly could not be, as a matter of law, the basis for aPresidential determination of non applicability. See, Hays Parks: Special Forces Wear of Non-Standard Uniforms, 4 Chi. J. Int'l L. 493, See also, Evan Wallach, Afghanistan, Quirin andUchiyama: Does the Sauce Suit the Gander?, The Army Lawyer, (November, 2003). But see,John Yoo and James Ho, The Status of Terrorists, 44 VA. J. Int’l L. 207 (Fall 2003) [hereinafterYoo and Ho] which argues to the contrary based on a misreading of the intent of the draftersThird Geneva Convention regarding application of the four part test of Article 4 (2) to regulararmed forces of a signatory power under Article 4 (2). That intent is unquestionably found in thetraveaux preparatoire of GC3. See, Wallach, Afghanistan, Quirin and Uchiyama, id. at I (B) (1)(b). A Fact Sheet issued by the White House on February 7, 2002, does contain a statementthat: Although we never recognized the Taliban as the legitimate Afghan government,Afghanistan is a party to the Convention, and the President has determined thatthe Taliban are covered by the Convention. Under the terms of the GenevaConvention, however, the Taliban detainees do not qualify as POWs. White House Fact Sheet, February 7, 2002,http://www.whitehouse.gov/news/releases/2002/02/20020207-13.html. How the United States intended that Fact Sheet to be interpreted is facially unclear. Asnoted above, apparently, it meant the Third Geneva Convention was applicable to Afghanistan,but not to the Taliban either because 1) they were the government of a failed state, or 2) theyfailed to meet the requirements of Article 4(2). In either case, it appears erroneous. Interestingly, the Fact Sheet also states that “The detainees will not be subjected tophysical or mental abuse or cruel treatment.” Id. Eventually, that statement apparently becameinoperative. was the basis for all following actions which simply took as a given As the process was explained by Lawrence Di Rita, a Department of DefenseSpokesperson: ...we’ve been quite clear that the president had determined that the conflictwith al Qaeda was not subject to the Geneva Conventions and that the conflictwith the Taliban, while it was subject to the Geneva Conventions, people pickedup as Taliban would be considered unlawful enemy combatants because we’vehad a character of how they fought....So this was the character of the people whowere in Guantanamo, not prisoners of war, but unlawful enemy combatants andknown al Qaeda terrorists. And it was on that basis that what ultimately becamethe procedures that General Miller has now talked to at some length weredeveloped... that the Third Geneva Convention was inapplicable to any Guantanamo detainee. The assumption persists unquestioned. Thus, for example, the Schlesinger CommitteeReport, discussing the laws of war and the Geneva Conventions simply accepts that “As a resultof a Presidential determination, the Geneva Conventions did not apply to al Qaeda and Talibancombatants. Schlesinger Committee Report at 79. Military Commission Order No. 1, 21 March, 2002 On 21 March, 2002, the Secretary of Defense issued Military Commission Order No.1 which prescribed procedures under the President’s Military Order. While Commission Order 1 finessed the Presidential Order’s two/third’s sentencing requirement It provides that “An affirmative vote of two-thirds of the members is required todetermine a sentence, except that a sentence of death requires a unanimous, affirmative vote ofall the members.”Military Commission Order No.1, Sec. 6(F). it retained the World War II evidentiary rule and failed to provide a system of independent appeals. From the sequence of events, and discussion by White House Counsel, it appears fairly clear that the decision by Mr. Bush, and the subsequent orders from Mssr.s Bush and Rumsfeld, were based on the Yoo/Delahunty Memorandum of 9 January, 2002 and the Bybee Memo of January 22., 2002. A close analysis of those documents is accordingly appropriate. The Yoo/Delahunty Memo January 9, 2002 This Memorandum is written in four parts. The first examines the 18 U.S.C. Section 2441, the War Crimes Act, and some of the treaties it implicates. The second part examines whether members al Qaeda can claim protection of the Geneva Conventions and concludes they can not. The third portion examines application of those treaties to members of the Taliban. It concludes nonapplicability because 1) it says "the Taliban was not a government and Afghanistan was not...a functioning State", 2) "the President has the constitutional authority to suspend our treaties with Afghanistan pending restoration of a legitimate government", and 3) "it appears...that the Taliban militia may have been ...intertwined with Al Qaeda" and thus on the same legal footing. Finally, the fourth part concludes that customary international law does not bind the President or restrict the actions of the United States military [under a constitutional analysis]. The Memorandum is questionable on many grounds. Its central operative flaw, however, from the viewpoint of international law, is that as long as there is a genuine issue of fact or law The author suggests the fact or law standard of Fed. R. Civ. P. 56 because it is one withwhich American courts and lawyers have considerable experience. The any “doubt language”might constitute an even higher barrier to a non-determination of POW status, but the author issatisfied that existing facts and statements of opposition by officials of the United StatesGovernment are sufficient to meet test of the Rule 56. See, e.g. Anderson v. Liberty Lobby, Inc.,477 U.S. 242, 249 (1986) and Celotex Corp. v. Catrett, 477 U.S. 317, 324-325 (1986). regarding the status of captured individual combatants who are members of the Taliban or Al Qaeda, the Third Geneva Convention of 1949 must apply, until properly otherwise determined. Article 5 of that Convention provides, in part, that "Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal." (Emphasis added). The key to whether there exists any genuine issue of fact or law resides in the Yoo/Delahunty Memo itself, which is the authoritative basis for all the actions which follows. Leaving aside the Memo’s American constitutional arguments The Yoo/Delahunty and Bybee Memos argue at length that the President, asCommander in Chief of the armed forces, must, ipso facto, be endowed with all powersnecessary to defend the nation in war time. Thus, they conclude, any action by Congress whichderogates from that power would be inherently unconstitutional. As an example they cite the WarPowers Act. The Memos raise an interesting question of domestic law. Might a militarydefendant in an action for breach of the War Crimes Act, raise as a defense, the superior orders ofthe President requiring a breach of a congressional mandate? The argument raises fundamentalseparation of powers issues which cut to the core of how American government functions. In itsstated form it appears unanswered, but existing authority would seem to cut against it. See, e.g.New York Times Co. v. U.S. 403 U.S. 713, 91 S.Ct. 2140 (1971) (“The Government does noteven attempt to rely on any act of Congress. Instead it makes the bold and dangerously far-reaching contention that the courts should take it upon themselves to 'make' a law abridgingfreedom of the press in the name of equity, presidential power and national security, even whenthe representatives of the people in Congress have adhered to the command of the FirstAmendment and refused to make such a law.”), 403 U.S. at 718; and Rasul v. Bush, 124 S.Ct.2686 (2004) (United States courts have jurisdiction to consider challenges to the legality ofdetention of foreign nationals captured abroad in connection with hostilities and incarcerated atGuantanamo Bay). which present no bar to a delict in international law (see,e.g. the Dostler Case) Trial of General Anton Dostler, [hereinafter the Dostler Case]United States MilitaryCommission, 8-12 October, 1945, Law-Reports of Trials of War Criminals, The United NationsWar Crimes Commission, Volume I, London, HMSO, 1949. Those arguments present a startlinganalogy to the arguments raised by defendants at the post World War II Nuremburg trials, andelsewhere, that, because they were required by national law to obey superior orders, they had anabsolute defense against war crimes committed in carrying out those orders. That so called“superior orders” defense was, and has been since, roundly rejected, although that rejectionrepresented a change from prior law(see discussion in Dostler, supra). The point is, of course,that whatever their validity under U.S. national law, they present no defense to an otherwise validcharge of a war crime under international law. , its argument for nonapplicability of Geneva III rests on the claim that as a matter of fact and law the Taliban did not constitute a de facto government. The short answer is that while the position is certainly arguable, it is also reasonably arguable that the Taliban were the de facto government. They controlled a substantial geographic territory and population, enacted and enforced laws and mandates, carried on relatively complex military operations, appointed persons to governmental posts and received diplomatic recognition from several nations. The core validity of that point is admitted, albeit inadvertently, in the following quote from the 22 January, 2002, Memorandum from Jay Bybee to Alberto Gonzales Note also that in his Memorandum to the President, Mr. Gonzales states that there are“reasonable grounds ...to conclude that GPW does not apply with respect to the conflict with theTaliban.” The existence of reasonable grounds is simply not the standard for a determination theThird Geneva Convention does not apply. Rather, as noted it is whether “any doubt exist[s].”See, the Gonzales Memo at text accompanying fn 38 et seq. and William Haynes: Whether the Geneva Conventions apply to the detention and trial of members of the Taliban presents a more difficult legal question. Afghanistan has been a party to all four Geneva Conventions since September, 1956. Some might argue that this requires application of the Geneva Conventions to the present conflict with respect to the Taliban militia...Nevertheless, we conclude that the President has more than ample grounds to find that our treaty obligations under Geneva III toward Afghanistan were suspended during the period of the conflict... the weight of informed opinion indicates that, for the period in question, Afghanistan was a "failed state" whose territory had been held by a violent militia or faction rather than by a government....Second, there appears to be developing evidence that the Taliban leadership had become closely intertwined with, if not utterly dependent upon, al Qaeda. This would have rendered the Taliban more akin to a terrorist organization. Memorandum of 22 January, 2002 from Jay Bybee, Office of legal Counsel for Alberto R. Gonzales, Counsel to the President and William J. Haynes II, General Counsel of the Department of Defense, Re: Application of Treaties and Laws to al Qaeda and Taliban Detainees at pp 10-11. (Emphasis added). We want to make clear that this Office does not have access to all of the facts related to the activities of the Taliban militia and al Qaeda in Afghanistan. Nevertheless, the available facts in the public record would support the conclusion that Afghanistan was a failed state...Indeed, there are good reasons to doubt whether any of the conditions were met. Id. at 16. What is of particular interest in this analysis is the emphasized language. It is that of argument, not fact, and what it seems to effectively admit is that there is indeed some doubt The doubtful nature of the argument is emphasized by the enemy combatant trilogy ofcases issued by the Supreme Court on June 28, 2004. In Hamdi v. Rumsfeld, 124 S. Ct. 2663(2004); Rasul v. Bush, 124 S.Ct. 2686 (200), and Rumsfeld v. Padilla, 124 S. Ct. 2711 (2004),the Court decided various issues affecting the legal status of persons regarded by theadministration as enemy combatants unprotected by the Third Geneva Convention. Hamdi is ofparticular importance here. In the plurality opinion, Justice O’Connor twice refers to “the Taliban regime” and the“Taliban government.” 124 S.Ct. At 2635 (emphasis added). That reference does not appearinadvertent. Not only does Justice O’Connor go on to say that, “...it is notable that militaryregulations already provide for such process in related instances, dictating that tribunals be madeavailable to determine the status of enemy detainees who assert prisoner-of-war status under theGeneva Convention”, citing AR 190-8 §§ 1-6. Id at 2651, but Justice Souter in his concurrence,notes that: For now it is enough to recognize that the Government’s stated legal position inits campaign against the Taliban...is apparently at odds with its claim here to beacting in accordance with customary law of war...In a statement of its legalposition cited in its brief the Government says that “the Geneva Conventionapplies to the Taliban detainees... Id at 2657 (citations omitted). as to the status of the Taliban detainees. Indeed, in a Notice of Motion and Respondents’ Cross-Motion to Dismiss ConsolidatedReturn to Petition and Memorandum of Law in Support of Cross-Motion to Dismiss,, filed on 6August, 2004, in Swift v. Rumsfeld, No. CO4-0777 RSL, USDC (W.D. Wa), the governmentstates that “United States and coalition forces have removed the Taliban from Power,” at p.5(emphasis added), and that “In the context of ...the removal of the Taliban from power...theUnited states...has seized and detained numerous persons fighting for and associated with theenemy during the course of the ongoing military campaign.” Id.(Emphasis added), That, of course, triggers the requirements of Geneva Convention Article 5 for a competent tribunal to determine status, and mandates treatment as a POW until the tribunal is held. As Usual, Hays Parks makes the point most cogently: References to al Qaeda and the Taliban as separate entities constituted anincomplete and inaccurate picture. The enemy consisted of a loose amalgamationof at least three groups: the Taliban regime (until its December 2001 collapse,following which it reverted to its tribal origins), the al Qaeda terrorist group, usedas the Praetorian Guard for the Taliban leadership (both for internal security priorto and following commencement of US/Coalition operations), and foreignTaliban. The picture was further complicated by the tendency of some to refer tothe Taliban as the de facto government of Afghanistan, because it exercised roughcontrol over 80 percent of Afghanistan. This was open to debate until the collapseof the Taliban, at which time it ceased to be an issue. Until the collapse of theTaliban regime in December 2001, a strong case could be made that this was aninternal conflict between non-state actors in a failed state. By the time Army CivilAffairs entered Afghanistan, the case was absolute. Hays Parks: Special Forces Wear of Non-Standard Uniforms, 4 Chi. J. Int'l L. 493, 505.Footnotes omitted, emphasis added. Interestingly, John Yoo makes the same point at a later date. Unlike al Qaeda, the Taliban Militia arguably constituted the de facto governmentof Afghanistan. To be sure, there is a good case to be made that the Taliban militiawas not even the legitimae government of Afghanistan. Afghanistan had all thecharacteristics of a failed state...On the other hand, the Taliban militia dideffectively control a majority of the territory and population of Afghanistan, andAfghanistan is a party to the Geneva Conventions. [Followed by an argument thatthe Taliban failed to meet the four part test of Article 4(2). See, Footnote 46 supra]. Yoo and Ho at p.218, fn 46 supra, (Emphasis added). Judge Bybee later discusses Article 5: "Should any doubt arise as to whether persons, having committed a belligerent act, and having fallen into the hands of the enemy," article 5 of Geneva III requires that these individuals "enjoy the protections" of the Convention until a tribunal has determined their status. As we understand it, as a matter of practice prisoners are presumed to have article 4 POW status until a tribunal determines otherwise. Although these provisions seem to contemplate a case-by-case determination of an individual detainee's status the President could determine categorically that all Taliban prisoners fall outside article 4. Under Article II of the Constitution, the President posesses the power to interpret treaties After an effective concession that Articles 4 and 5 “seem to contemplate” statusdetermination on an individualized basis, Judge Bybee’s conclusion that presidential treatyinterpretation power allows a categorical factual determination seems to be a logical nonsequitur. Interpretations of law, no matter how phrased, are simply not determinations of factualstatus. While, perhaps an argument could rationally be constructed to claim that the Presidentcould constitutionally determine the interpretation of a treaty, this rationale veers off that path tostate instead that the President, having the power to interpret the meaning of a treaty, can thenalter the reality of existing facts, even if the treaty means what it “seems to contemplate.” Anysuch approach is incompatible with the core concepts of rule of law, coequal branches ofgovernment and separation of powers. See, Marbury v. Madison, 1 Cranch 137, 5 U.S. 137, 1803WL 893 (U.S.Dist.Col.), 2 L.Ed. 60 (1803). on behalf of the Nation.He could interpret Geneva III, in light of the known facts concerning the operation of the Taliban...to find that all of the Taliban forces do not fall within the legal definition of prisoners of war as defined by article 4. A presidential determination of this nature would eliminate any legal "doubt" as to the prisoners' status, as a matter of domestic law, and would therefore obviate the need for article 5 tribunals. Id. at 30-31. What the Memorandum does not discuss is what appears to be the author of this articleto be a fundamental question. How could the Taliban have harbored members of al Qaedawithout controlling a defined territory and population? In a speech to a joint session of Congress on 21 September, 2001, President Bush notedthat “The leadership of al Qaeda has great influence in Afghanistan and supports the Talibanregime in controlling most of that country.” He demanded that, inter alia, the Taliban “Deliver toUnited States authorities all of the leaders of Al Qaeda who hide in your land,” and that it “handover every terrorist and every person and their support structure to appropriate authorities...TheTaliban must act and act immediately. They will hand over the terrorists or... share in their fate.”(Emphasis added). http://www.cnn.com/2001/US/09/20/gen.bush.transcript/ International law defines a state generally as “an entity that has a defined territory and apermanent population, under the control of its own government, and that engages in, or has thecapacity to engage in, formal relations with other such entities.” Kadic v. Karadzic, 70 F. 3rd 232244-45 (2nd Cir. 1995). The Taliban did obtain formal recognition as the de jure governmentfrom three U.N. member states. Prior to September 11, 2001 the United Arab Emirates, SaudiArabia and Pakistan had formally recognized them as the government and entered intodiplomatic relations. See, http://www.cnn.com/2001/US/09/21/gen.america.under.attack/. It would seem axiomatic that the other two requirements of statehood must have beenmet. That is, unless the Taliban controlled a defined territory and population the United Statescould not have demanded that they deliver all the al Qaeda terrorists “who hide in your land.”President Bush’s reference to the Taliban’s control of “most of that country” only strengthensthat position. See, also, Wallach, Afghanistan, Quirin and Uchiyama:, supra at fn 33. This argument presents an interesting question of domestic law as to whether a Commander in Chief can order a violation of international law by making a factual finding unsupported by independent evidence. Could one charged under the War Crimes Act (18 U.S.C. 2441) assert as a defense that as a matter of domestic law there was no grave breach, even though it was clearly a violation of international law? The answer to that proposition is beyond the scope of this discussion, although it appears questionable. What the argument does not do, however, for the same (Dostler Case) See The Dosteler Case supra at fn. 53. reasons above discussed, is present any defense to charges by any other Geneva III signatory charged to prosecute perpetrators of grave breaches wherever they may be found. In any case, because doubt as to the POW status of Taliban detainees appears with considerable force to exist, the language of Article 5 provides them with POW status until determined otherwise by a proper tribunal. In an appearance with the author at the Federalist Society in New York on 27September, 2004, John Yoo said to the audience that, in fact, his arguments regarding non-statestatus had been rejected by the White House, and that determination of non-combatant status wasbased on the four part test of Article 4 (2). That rationale does not appear from the Presidentialorder, fn 43, supra, but if it is correct, the concession that the Taliban were the army of a de factostate only makes the existence of a genuine doubt as to POW status more compelling. Not only isthe four-part test inapplicable to state armed forces, fn 46, supra, but its factors as applied toirregular forces not part of the state’s army, may arguably require an individualized determinationvarying from unit to unit. Thus, for example, the wearing of a recognizable sign, the bearingopenly of arms, and obeying the laws of war may well vary from person to person and unit tounit. The Legal Effects of Applicability of the Third Geneva Convention Article 5's requirement that prisoners “shall enjoy ... protection...” as prisoners of war until properly determined to be outside the Convention, creates a duel dilemma for the United States. Not only has it promulgated rules for military tribunals which constitute grave breaches of GC3, it has also treated detained individuals in a manner which clearly violates the Convention’s strictures. To the extent that persons entitled to the “any doubt” standard of Article 5 have not properly had their status determined before a competent tribunal, that protection continues in force. It appears beyond doubt that such a tribunal was not provided, and that the decision to deny it was intentional. No Captured Persons Held at Guantanamo Have Been Provided With Or Offered A Tribunal Which Satisfies Article 5 of GC III None of the screening processes applied to the Guantanamo detainees, either pre-shipment from Afghanistan, during incarceration, or following the Supreme court’s mandate in Hamdi 124 S. Ct. 2639. In her plurality opinion Justice O’Connor pointed out that “...theGovernment has never provided any court with the full criteria it uses in classifying individualsas [enemy combatants.” , meets the requisites of Article 5. Those requirements are satisfied by the Army Regulation dealing with Prisoners of War , but its provisions have not been applied at Guantanamo. No Article 5 Tribunal Has Been Convened or Held Regarding Any Captured Member of Al Qaeda The status of an al Qaeda detainee is, of course, problematical and fact driven. Often, itappears most closely analogous to pirates or common criminals. The problem arises if capturedpersons functioned, as alleged in the Yoo/Delahunty Memo, as an intertwined part of al Qaeda.Given the amorphous nature of al Qaeda, on any given day the individual's status might be as aTaliban fighter, an irregular militia supporter, a Taliban agent, a terrorist or a common criminal. or the Taliban The Army Regulation governing treatment of POWs directly incorporates Article 5. Army Regulation 190-8, Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees [hereinafter AR 190-8] provides that: In accordance with Article 5, GPW, if any doubt arises as to whether a person, having committed a belliegerent act and been taken into custody by the US Armed Forces, belongs to any of the categories enumerated in Article 4, GPW, such persons shall enjoy the protection of the ... Convention, until such time as their status is determined by a competent tribunal. ...A competent tribunal shall be composed of three commissioned officers, one of whom must be of field grade. ...Another officer, [preferably a JAG] shall serve as the recorder. See, Army Regulation 190-8, Section 1-6. AR 190-8 1-6(e) then establishes the procedures for a competent tribunal. It requires that, inter alia, tribunal members and the recorder be sworn, a written record be made of the proceedings, proceedings be open except for deliberation and voting “or other matters which would compromise security,” that persons whose status is to be determined be advised of their rights, be allowed to attend all open hearings, be allowed to call reasonably available witnesses and to question witnesses called by the Tribunal, to testify or otherwise address the Tribunal, and that they may not be compelled to testify. “Preponderance of evidence shall be the standard used in reaching this determination.” Of particular interest here, the Regulation requires that where a witness is notreasonably available “...written statements, preferably sworn, may be submitted and consideredas evidence.” Ibid at § (e) (6). Thus there appears to be a vital distinction between AR 190-8screening, and the tribunal procedure. While the screening panel is permitted to admit affidavitevidence (which would be, unless it met an exception, hearsay), and indeed unsworn affidavitevidence where necessary, it is not permitted to use evidence obtained in violation of theprotections provided to POWs by the Third Geneva Convention. That right against forced self-incrimination is clearly articulated... “Persons whose status is to be determined may not becompelled to testify before the tribunal.” AR 190-8 (6)(e)(8). The Army’s adoption of specific procedures to satisfy the ‘competent tribunal” requirement is not, of course, definitive. While it demonstrates the Army’s conclusion that the procedures set out in AR 190-8 meet the procedural requirements for such a tribunal, there might be any number of other processes designed by GC3 signatories, which result in a competent tribunal using differing national standards consistent with the underlying notions of fair play and substantial justice embodied in the Convention See, e.g. Article 99 “No moral or physical coercion may be exerted on a prisoner of warin order to induce him to admit himself guilty of the act of which he is accused.” What adoption of those procedures does definitively establish, however, is 1) a set of self-binding administrative regulations which cannot be haphazardly abandoned under domestic law The United States Supreme Court has held that while an agency is free to change itspolicy based on either a change of circumstances or a changed view of the public interest, “anagency [that] changes its course must supply a reasoned analysis” for the change. Motor VehicleMffs. Ass’n of United States v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 57, 77 L. Ed. 2d.443, 103 S. Ct. 2856 (1983). , and 2) more importantly in the international context, a concession that in order to meet the Convention’s underlying requirement that national standards applicable to capturing powers’ own soldiers be used in judging potential liability of enemies captured on the battlefield See, inter alia, GC3 Article 102. , standards at least consistent with national procedures, as well as the Third Geneva Convention must be applied. Thus, for example, the requirements of AR 190-8 1-6(e) that proceedings be openexcept for deliberation and voting “or other matters which would compromise security,”comports with Article 105's provision that “,,,representatives of the Protecting Power shall beentitled to attend the trial of the case, unless, exceptionally, this is held in camera in the interestof State security,” and the provision that “they may not be compelled to testify,” seems mandatedby Article 99, “No moral or physical coercion may be exerted on a prisoner of war in order toinduce him to admit himself guilty of the act of which he is accused,” as well as U.S. nationalstandards. In any case, having established the national standard for determining who is a POW, the United States may not abandon it at will. To do so would fly in the face of every concept of rule of law and regulation of armed conflict developed over the past two hundred years. It would also be a direct and criminal violation of the standards for minimal conflict in war time developed at Nuremburg. International Law Recognized in the Charter of the Nuremburg Tribunaland in the Judgment of the Tribunal. Adopted by the International Law Commission of theUnited Nations, 1950. Any person who commits an act which constitutes a crime under international law is responsibletherefor and liable to punishment. The fact that internal law does not impose a penalty for an act which constitutes a crime underinternational law does not relieve the person who committed the act from responsibility underinternational law. The fact that a person who committed an act which constitutes a crime under international lawacted as Head of State or responsible Government official does not relieve him fromresponsibility under international law. The fact that a person acted pursuant to order of his Government or of a superior does not relievehim from responsibility under international law, provided a moral choice was in fact possible tohim. Any person charged with a crime under international law has the right to a fair trial on the factsand law. The crimes hereinafter set out are punishable as crimes under; international law: Crimes against peace: Planning, preparation, initiation or waging of a war of aggression or a war in violation ofinternational treaties, agreements or assurances; Participation in a common plan or conspiracy for the accomplishment of any of the actsmentioned under (i). Violations of the laws or customs of war which include, but are not limited to, murder, ill-treatment or deportation to slave-labor or for any other purpose of civilian population of or inoccupied territory, murder or illtreatment of prisoners of war, of persons on the seas, killing ofhostages, plunder of public or private property, wanton destruction of cities, towns, or villages, ordevastation not justified by military necessity. Crimes against humanity: Murder, extermination, enslavement, deportation and other inhuman acts done against anycivilian population, or persecutions on political, racial or religious grounds, when such acts aredone or such persecutions are carried on in execution of or in connection with any crime againstpeace or any war crime. Complicity in the commission of a crime against peace, a war crime, or a crime against humanityas set forth in Principles VI is a crime under international law. English Text published in Report of the International Law Commission Covering its SecondSession, 5 June-29 Duly 1950, Document A/1316, pp. 11-14. Unfortunately, however, the screening processes developed for those persons confined at Guantanamo have not met AR 190-8 standards. Failure to meet those standards is not, of course, in itself a crime. What it may create,however, is a situation in which a prisoner continues to be entitled to POW status and GC3protections because he has not been determined to be otherwise by a competent tribunal. Thatstatus, and its protections, may then constitute an element of a criminal violation, where otherfacts, such as improper interrogation techniques, or a trial in violation of Article 102, are present. The Process Used For Screening Enemy Combatants Prior to Incarceration At Guantanamo Does Not Meet Article 5 Requirements According to a Fact Sheet issued by the Department of Defense in February, 2004 , the process for screening persons shipped to Guantanamo included an initial enemy combatant determination, “At the time of capture and based on available information, combatant and fieldcommanders determine whether a captured individual was part of or supporting forces hostile tothe United States or coalition partners, and engaged in an armed conflict against the UnitedStates. Such persons are enemy combatants.” Id. assessment in the field, centralized assessments in the area of operations, “A military screening team at the central holding area reviews all available information,including interviews with detainees. With assistance from other U.S. government officials on theground (including military lawyers, intelligence officers, and Federal law enforcement officials)and considering all relevant information (including the facts from capture and detention, threatposed by the individual, intelligence value, and law enforcement interest) the military screeningteam assesses whether the detainee should continue to be detained and whether transfer toGuantanamo is warranted.” a general officer review, “When determining whether a detainee should be transferred, the combatant commanderconsiders the threat posed by the detainee, his seniority within hostile forces, possibleintelligence that may be gained from the detainee through questioning, and any other relevantfactors.” Id. “An internal DOD review panel, including legal advisors, reviews the recommendationsof the combatant commander and advises the Secretary of Defense on proposed detaineemovements to Guantanamo. All available information is considered, including informationsubmitted by other governments or obtained from the detainees themselves.” Id. and a further assessment at Guantanamo. “Reviews are based on all relevant information, including information derived from thefield, detainee interviews, U.S. intelligence and law enforcement sources, and foreigngovernments. Id. None of those reviews comports with, or even resembles, the requirements of AR 190-8. Thus, for example, the military screening team at the central holding area which reviewsall available information, including interviews with detainees and considers all relevantinformation to assesses whether further detainment and/or transfer to Guantanamo is warranted,see fn74, supra, provides none of the procedural safeguards such as a right against self-incrimination, found in AR 190-8 and GC3 Article 99. Although there is some procedural improvement, the Combatant Status Review Panels established in 2004 to screen all Guantanamo detainees, have similar failings. Combatant Status Review Panels Do Not Meet Requirements of Article 5 On 7 July, 2004 Depurty Secretary of Defense Paul Wolfowitz, following the issuance of the Supreme Court’s enemy combatant trilogy See, footnote 55, supra. The Court found crucial the lack of “any legal proceeding todetermine...status.” Rasul v. Bush, supra, Justice Kennedy concurring at 2700. The majorityopinion notes that: Petitioners’ allegations–that although they have engaged in neither combat noracts of terrorism against the United States, they have been held in Exceutivedetention for more than two years...without access to counsel and without beingcharged with any wrongdoing–unquestionably describe “custody in violation ofthe Constitution or laws or treaties of the United States.” Id at 2698,footnote 15 (citations omitted). promulgated an Order establishing a Combatant Status Review Tribunal. Order Establishing Combatant Status Review Panels, 7 July, 2004.http://www.pentagon.mil/news/Jul2004/d20040707review.pdf That procedure requires that detainees be notified of the opportunity to contest his designation as an enemy combatant and be assigned a military officer to assist in the review process and with the ability to review “reasonably available” DOD information relating the detainee’s classification. Each Tribunal is to be composed of three neutral commissioned officers including a judge advocate, with another officer as a non-voting Recorder. Section g of the Order establishes the tribunal’s procedures. Section (g)(9) is of particular interest: The Tribunal is not bound by the rules of evidence such as would apply in a court of law. Instead the Tribunal shall be free to consider any information it deems relevant and helpful to a resolution of the issue before it. At the discretion of the Tribunal, for example, it may consider hearsay evidence, taking into account the reliability of such evidence in the circumstances. The Tribunal does not have the authority to declassify of change the classification of any national security information it reviews. Order establishing a Combatant Status Review Tribunal at Section (g)(9). Comparison of that procedure with AR 190-8, Section (6)(e)(8) is enlightening. The Army created screening panel allows hearsay affidavits as a specific exception. It does not provide the wholesale Querin exception to evidentiary procedure found in the Rules for Military Tribunals. That exception is apparently intended to vitiate the right against self-incrimination by allowing the admission of information obtained in a fashion which would make it excludable in a court of law. James Risen. David Johnston and Neil Lewis, Harsh C.I.A. Methods Cited in TopQaeda Investigations, New York Times, 13 May 2004: The methods employed by the C.I.A. are so severe that senior officials of theFederal Bureau of Investigation have directed its agents to stay out of many of theinterviews of the high-level detainees, counterterrorism officials said. The F.B.I.officials have advised the bureau's director, Robert S. Mueller III, that theinterrogation techniques, which would be prohibited in criminal cases, couldcompromise their agents in future criminal cases, the counterterrorism officialssaid. Otherwise, the change in language from AR 190-8 to Section (g)(9) to make hearsay exemplary rather than exclusive makes no sense. Essentially then, what the DOD has done in promulgating this Order is to reiterate its ability to obtain information in a manner in violation of the Third Geneva Convention In any case, the Combatant Status Review Panels are in violation of Article Fivebecause they act in violation of the Article. That argument is not circular. In a recent filing in AlAjmi v. United States, 02-CV-0828 (CKK) United States District Court for the District ofColumbia, the government provided a copy of the record of proceedings before the CombatantStatus Review Tribunal related to Al Ajmi attached to the Declaration of James R. Crisfield Jr.The conclusion of the Tribunal is telling. “The detainee is properly classified as an enemycombatant because he willingly affiliated himself with the Taliban.” Id at Paragraph 7(b)(Emphasis added). Thus, the screening authorities are still taking as binding authority thePresidential Order of 7 February, 2002, and they are still failing to make an independentjudgment about a detainee’s status. Having failed to do so, as long as doubt continues to existabout an individual status, the presumption of Article Five persists, and violation of his rightsunder the Third Geneva Convention continue to violate the law. and to use that information in a manner adverse to the person from whom it was obtained. If that individual is someone who is, in fact, presumed to be a POW under GC3 Article 5, the implications are troubling. Failure To Screen Under Article Five Leave Captured Enemy Combatants In A Presumed POW Status Which Is Not Retroactively Vitiated By A Later Proper Screening The language of the Prisoner of War Convention is very clear. Article 5 of GC3 provides, in part, that: Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal. Accordingly, any such persons are protected by the Third Geneva Convention until a competent tribunal determines otherwise. The language of the Convention on determination of non-POW status determination is purely prospective, and it appears quite certain that such a determination if it did occur, would not operate retroactively to validate actions by captors which were otherwise violations of the rights of protected persons. Thus, in United States v. Uchiyama (Tried at Yokohama, 18 July, 1947), Case-35-46, War Crimes Branch Case Files,Records of the Judge Advocate General (Army), Record Group 153 (National Archieves,Suitland, MD). , a United States military commission tried the Commanding General of the Japanese Fifteenth Area Army, his Chief of Staff, his Judicial Officer, the three members of the Japanese commission, the prosecutor and the executioner who carried out death sentences imposed by that body and confirmed by the convening authority. Defense counsel attempted to argue that the executed American airmen had, in fact been guilty of war crimes for the firebombing deaths of hundreds of thousands of Japanese civilians. The prosecution argued, and the court accepted the argument, that the substantive guilt or innocence of the executed Americans was irrelevant to the case at hand. Rather, it argued, a capturing power was bound to apply certain minimum trial standards, even to crimes not committed as a POW, At the time, under the 1929 Geneva Convention, the United States took the position thatfair trial requirements applied only to crimes committed while the accused was a prisoner of war,and not to war crimes before capture. See, Yamashita v Styre, 327 U.S. 1, 66 S.Ct. 340 (1945).Accordingly, the defense moved for acquittal. Id. At pp. 22-23. The prosecution argued, based onother similar trials of Japanese convening authorities, that while the specific proceduralprotections of the 1929 Geneva Convention did not apply, the customary protections of the lawsof war did. Id at pp. 24-26. The Motion was denied. Id. At p. 28. The Yamashita position regarding applicability of Geneva procedural protections only topost capture crimes was specifically rejected and changed by the drafters of the 1949 Prisoner ofWar Convention. Article 85 of the 1949 Convention contains a provision not found in the 1929Convention analyzed in Yamashita that: Prisoners of war prosecuted under the laws of the Detaining Power for actscommitted prior to capture shall retain, even if convicted, the benefits of thepresent Convention. In discussions of Article 74 of the Stockholm Draft (the precursor to GC3 Article 85) therepresentative of the Netherlands: ...pointed out that the 1929 Convention only dealt with crimes committed duringcaptivity. That view had been adopted by the Supreme Court of the United Statesof America...The Conference of Government Experts of 1947 considered itreasonable, however, not to deprive a prisoner of war of the protection of theConvention on the mere allegation that he had violated the laws and customs ofwar, but to leave him under the protection of the Convention until such violationhad been proven in a court of law, in other words until he had been sentenced by acourt of such a crime or offense. Committee II, 18th Meeting at p.318 (emphasis added). and that the failure of the Japanese court martial to do so resulted in substantive liability of the convening authority, the members of the court and the prosecutor for the deaths of the American defendants caused by a unfair trial, even if the airmen had been guilty of illegally bombing civilians. The prosecution’s opening statement before that U.S. commission is telling: From a reading of the trial brief filed by the defense in this case prior to thearraignment,...it became apparent to the prosecution that by way of defense the accusedwould have the Commission conduct a posthumous trial of Lt. Nelson and SergeantAugunas with the hope of having them adjudicated guilty of some offense ... Now theprosecution desires to emphasize and make abundantly clear this one fact: We are nowcharging the accused with having failed to have applied to these prisoners of war the typeof procedure that they were entitled to. In other words they applied to them a special typeof summary procedure which failed to afford them the minimum safeguards for theguarantee of their fundamental rights which were given them both by the written andcustomary laws of war. While we do not for a moment admit that Lt. Nelson or SergeantAugunas were guilty of any offense, we none the less say that if they were guilty, underinternational law they were nevertheless entitled to the minimum standard of a fair,lawful and impartial trial. What they may have done cannot now be heard as a defense forfailure of these accuded to afford them a proper trial as defined under international law. United States v. Uchiyama, Trial Transcript at pp.20-21(emphasis added). The analogy here to the Uchiyama authority is straightforward. A capturing power may not treat a person protected by the laws of war or the Geneva Conventions in a manner which violates those laws or the Convention and then be heard to say that it later learned he should have been unprotected See also, Trial of General Tanaka Hisakasu and Five Others, United States MilitaryCommission, Shanghai, 13 August-3rd September, 1945, Law Reports of Trials of WarCriminals. Selected and Prepared by the United Nations War Crimes Commission. Volume VI,London: HMSO, 1948. http://www.ess.uwe.ac.uk/WCC/hisakasu.htm. The Effects of Denying Screening Are Not Merely Procedural The protection provided to a captured person by the Article 5 presumption is not merely procedural. As long as the Convention protects an individual, grave breaches of its provisions constitute a breach of both U.S. and international law. Article 130 of the Convention provides that grave breaches include "... any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention." Similarly, 18 § 2441, "War Crimes" provides, in part, that any national of the United States who commits a war crime, “shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.” The term “war crime” as used in the statute means, inter alia, “any conduct defined as a grave breach in any of the international conventions signed at Geneva 12 August 1949, or any protocol to such convention to which the United States is a party.” Thus, the status of individuals tried before military tribunals is not one of mere academic curiosity. If a detainee, classified by the United States as an enemy combatant unprotected by the Third Geneva Convention, is tried in a manner violative of that Convention, and if there is some doubt as to his status as a POW, the trial is itself a grave breach if it does not follow regular court martial procedures. For more detailed discussion of these rights and procedures see, Wallach, Afghanistan,Quirin and Uchiyama: Does the Sauce Suit the Gander?, The Army Lawyer, (November, 2003). Conclusion Regarding Legal Effects of Application of GC3 The Bush Orders of January and February, 2002, denying Geneva Convention protection to captured members of the Taliban and Al Qaeda appear inherently flawed. The international law analysis upon which they are based relies on a factual position, that the Taliban were not the de facto government of Afghanistan, which is subject to some doubt. Thus, acts carried out in furtherance of those orders, if themselves violations, might, accordingly, constitute war crimes. The determination that the Taliban and Al Qaeda were uncovered by the Third Geneva Convention seems logically to be the first of a two step process undertaken by the Bush Administration to legally justify the use of interrogation methods violative of that Convention. An examination of those methods, their rationale, and legality is thus appropriate, for as a DOD Working Group See, discussion of Working Group infra at Section VI (A) (1) (c). determined in examining useful interrogation techniques: ...it became apparent that any decision whether to authorize a technique is essentially a risk benefit analysis that generally takes into account the expected utility of the technique, the likelihood that any technique will be in violation of domestic or international law, and various policy considerations. Generally the legal analysis that was applied is that understood to comport with the views of the Department of Justice. Although the United States, as a practical matter, may be the arbiter of international law in deciding its application to our national activities, the views of other nations are relevant in considering their reactions, potential effects on our captured personnel in future conflicts, and possible liability to prosecution in other countries and international forums for interrogators, supervisors and commanders involved in interrogation processes and decisions. Working Group Report at p.66. Emphasis added. http://www.defenselink.mil/news/Jun2004/d20040622doc8.pdf Interrogation Techniques Used Against Members of the Taliban and Al Qaeda Violated the Third Geneva Convention and, If Any Such Person Was Protected by the Convention, Constituted A Grave Breach From the date the United States began capturing prisoners in Afghanistan The first substantial U.S. ground operations against the Taliban commenced on 19October, 2001. John Diamond, First U.S. Ground Raid Hits Taliban, Chicago Tribune, 21October, 2001/ http://www.chicagotribune.com/news/specials/911/showcase/chi-warinafghanistanstrike,0,7664856.story. Much of the ground combat was conducted by allied Afghan forces supported by U.S.special operations troops and air power. Harold Kennedy, Will Special ops Success “Change theFace of War?” National Defense Magazine, February, 2002.http://www.nationaldefensemagazine.org/article.cfm?Id=721. Following initially desultorycombat, the Taliban rapidly collapsed before the allied forces which captured Herat on 12November, Kabul 0n 13 November, and Kunduz on 24 November. By 25 November, substantialU.S. conventional ground forces (Marines) were landing in Afghanistan for the first time, andenough prisoners were held from Kunduz alone, that a prison revolt in Mazar-i-Sharif by Talibanand al-Qaeda fighters resulted in the deaths, inter alia, of a CIA agent, about 30 NorthernAlliance soldiers, and more than 500 Taliban prisoners.http://www.infoplease.com/spot/taliban-time.html. questions of their Geneva Convention status, and thus how they could be questioned, necessarily arose. It is worth noting that President Bush issued his Military Order providing for trialsbefore tribunals which permitted the admission of evidence which would, in the context of theThird Geneva Convention, be inadmissible, on 13 November, 2001, before the United States heldsubstantial numbers of POWs, see, footnote, 16 supra, and well before he determined that GC3was inapplicable to the Taliban and al Qaeda. See text accompanying footnote 38 et seq. Thedetermination to use such evidence seems to indicate early consideration of the use of non-standard interrogation techniques, since ipso facto, evidence obtained through the interrogationtechniques found in FM 34-52 is not dissimilar from that obtained using standard Americanpolice techniques, and would be admissible in courts martial or district courts. The Third Geneva Convention, of course, substantially limits methods for interrogating enemy POWs. Interrogation Methods Against Members of the Taliban And Al Qaeda The key to legal analysis of the position taken by the United States regarding interrogation of captured members of Al Qaeda and the Taliban, as it relates to any prisoner of war status they might possess, may be found in a Memorandum For Alberto Gonzales Re; Standards of Conduct for Interrogation under 18 USC §§ 2340-2340A, dated August 1, 2002 from Jay S. Bybee of the Office of Legal Counsel. http://www.washingtonpost.com/wp-srv/nation/documents/dojinterrogationmemo20020801.pdf.See also, Letter of August 8, 2002, from Jay Bybee to Alberto Gonzales opining that noInternational Criminal Court jurisdiction would lie for acts discussed because under Article 8 ofthe Rome Statute to constitute a war crime torture must be committed against persons protectedunder the Geneva Conventions, and relying on President Bush’s determination that neithermembers of the Taliban nor al Qaeda are so protected. (Citing the Yoo/Delahunty Memo, supra).http://news.findlaw.com/wp/docs/doj/bybee80102ltr6.html The essence of that Memorandum is that the protections of the Third Geneva Convention for POWs need not be considered in interrogations because they are inapplicable to Al Qaeda and the Taliban. Similarly, the Working Group Report of 4 April, 2003, fn 88, supra, while recognizingthe impropriety of application of many of the interrogation techniques to Prisoners of War,largely avoids the issue by accepting as valid the command determination that all capturedpersons at issue in the Report are unlawful combatants unprotected by GC3. Judge Bybee makes no attempt to justify the use of such violative conduct against POWs, he simply distinguishes it from torture. Thus the questions for discussion here become 1) what interrogation methods were used and against whom? 2) were they permissible under GC3? and 3) what is the relationship of their use to the legal analysis previously discussed? There is considerable firsthand evidence of interrogation methods consisting of statements by the United States government, accusations by former detainees, and leaked or released information, documents and photographs; more may be inferred from what is known. Thus, for example, if it is a known fact that detainees were forcibly shaved The Fay report notes that at Abu Ghraib it was alleged a civilian analyst “...bragged andlaughed about shaving a detainee and forcing him to wear women’s red underwear.” prior to their transportation to Guantanamo Bay, and that the maintenance of a full beard is considered a religious obligation by such individuals In 1998, the Taliban declared the maintenance of a full beard by men a religiouscompulsion and announced punishment of 45 days in jail for those who shaved, and seven lashesfor those who trimmed their beard. http://www.rawa.org/beard.htm. , it may be inferred that a possible object of that shaving was intimidation or psychological degradation of the prisoner. The Schlesinger Committee Report references in its glossary a“Behavioral ScienceCoordination Team” which it defines as a “team comprised of medical and other specializedpersonnel that provides support to special operations forces.” It might be a fruitful area ofresearch to review those teams’ analyses of cultural weaknesses of Moslem prisoners. This analysis will first discuss admitted interrogation techniques (including some which the United States government says were unauthorized). Then it will look at allegations of interrogation methods alleged by former detainees which have not been revealed, or which the administration says were not authorized for use against that detainee at the time or place alleged. Thus, for example, certain interrogation techniques authorized for use at Guantanamoduring a relatively short time between December, 2002 and January, 2003, were allegedly usedagainst prisoners at Abu Ghraib, Iraq, in 2004. . The legal analysis articulated by the United States will then be briefly discussed. Finally, this section will examine what appears to be the relationship of the tribunals rules and procedures, and Department of Justice positions on applicability of the Third Geneva Convention and standards of conduct for interrogation. Interrogation Techniques Revealed By the United States A number of interrogation techniques have been discussed internally by the United States government as used or approved for use. They include standard Army methods in compliance with the Third Geneva Convention, as well as other approaches which are either questionable or clearly exceed the strictures protecting POWs. Several of the latter may also violate other limitations outside the scope of this article. Because this article deals with rights inherent to POWs, in an international conflict, itdoes not closely consider the protections more broadly applicable to other detained persons.Those might include, common article 3 of the 1949 Geneva Conventions, the TortureConvention, the Universal Declaration of Human Rights, http://www.hrweb.org/legal/udhr.html,and Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to theProtection of Victims of International Armed Conflicts (Protocol 1), Adopted on 8 June 1977 bythe Diplomatic Conference on the Reaffirmation and Development of International HumanitarianLaw applicable in Armned Conflicts, entry into force 7 December 1979, in accordance withArticle 95, (The Protocols are unratified by the United States, however, The Geneva Conventionscontain the Martens Clause requiring that in cases not covered by the Conventions, the Protocolsor other international agreements, “civilians and combatants remain under the protection andauthority of the principles of international law derived from established custom, from theprinciples of humanity and from the dictates of public conscience.” Accordingly, the AdditionalProtocols might be considered customary law.). The best place to begin any analysis of interrogation techniques used by the United States in war time is with the standard interrogation approach found in the U.S. Army’s field manual on Intelligence Interrogation. The Army Intelligence Interrogation Field Manual Army FM 34-52, Intelligence Interrogation is the Army’s standard for interrogation of captured enemy personnel. It was the basis for the initial interrogation techniques used at Guantanamo. Beaver Brief, infra at Section V (B) (3). The DOD says that from January 11, 2002, when the first detainees arrived at Guantanamo “... doctrine contained in Field Manual 34-52 guided interrogations” until December 2002. It says that ...initial approaches governing interrogations at Guantanamo were in accordance with the standing doctrine outlined in FM 34-52. These procedures include 17 techniques such as direct questioning and providing incentives.” Department of Defense News Release, DOD Provides Details on InterrogationProcess, 22 June, 2004. http://www.defenselink.mil/releases/2004/nr20040622-0930.html. SeeAppendix 1. That Field Manual requires in Chapter 1, under the heading Prohibition Against Use of Force, that: The use of force, mental torture, threats, insults, or exposure to unpleasant and inhumane treatment of any kind is prohibited by law and is neither authorized nor. condoned by the US Government. Experience indicates that the use of force is not necessary to gain the cooperation of sources for interrogation. Therefore, the use of force is a poor technique, as it yields unreliable results, may damage subsequent collection efforts, and can induce the source to say whatever he thinks the interrogator wants to hear. However, the use of force is not to be confused with psychological ploys, verbal trickery, or other nonviolent and noncoercive ruses used by the interrogator in questioning hesitant or uncooperative sources. The psychological techniques and principles outlined should neither be confused with, nor construed to be synonymous with, unauthorized techniques such as brainwashing, mental torture, or any other form of mental coercion to include drugs. These techniques and principles are intended to serve as guides in obtaining the willing cooperation of a source. The absence of threats in interrogation is intentional, as their enforcement and use normally constitute violations of international law and may result in prosecution under the UCMJ. Additionally, the inability to carry out a threat of violence or force renders an interrogator ineffective should the source challenge the threat. Consequently, from both legal and moral viewpoints, the restrictions established by international law, agreements, and customs render threats of force, violence, and deprivation useless as interrogation techniques. In its discussion of proper interrogation techniques, FM 34-52 identifies two pertinent phases; approach and questioning. It notes that “...all approaches in interrogations have the following purposes in common: to establish and maintain control over the source and the interrogation; to establish and maintain rapport between the interrogator and the source; and to manipulate the source's emotions and weaknesses to gain his willing cooperation. Id. at Chapter 3. It adds that “The number of approaches used is limited only by the interrogator's imagination and skill. Almost any ruse or deception is usable as long as the provisions of the Geneva Conventions are not violated. The Geneva Conventions do not permit an interrogator to pass himself off as a medic, chaplain, or as a member of the Red Cross (Red Crescent or Red Lion).” Interrogation then shifts to the questioning phase. “Although there is no fixed point at which the approach phase ends and the questioning phase begins, generally the questioning phase commences when the source begins to answer questions pertinent to the specific objectives of the interrogation.” The questioning techniques discussed are not dissimilar to those found in domestic police investigations: the use of non-pertinent questions, for example, to conceal objectives or strengthen rapport, and of repeated questions to assess the source. The Development of Additional “Counter Resistance Strategies” Following the creation of the detention center at Guantanamo Bay, interrogators apparently used methods approved by FM 34-52 but with limited success. The use of those methods, and their limitations is discussed in Request for Approval ofCounter Resistance Strategies of 11 October, 02,http://www.defenselink.mil/news/Jun2004/d20040622doc3.pdf. The limitations of FM 34-52,and the Third Geneva Convention, however, were apparently not entirely observed even prior tothis date. At least from the time prisoners were shipped to Guantanamo, their beards wereforcibly shaved. U.S. Authorities justified the act as necessary for hygiene.http://www.ccr-ny.org/v2/reports/docs/ltr%20to%20Sentate%2012may04v2.pdf. Article 14 ofGC3 provides in part,that “Prisoners of war are entitled in all circumstances to respect for theirpersons and their honour,” and Article 16 provides for no adverse distinction based upon, interalia, “religious belief.” Article 34 provides that “Prisoners of war shall enjoy complete latitude inthe exercise of their religious duties, including attendance at the service of their faith, oncondition that they comply with the disciplinary routine prescribed by the military authorities.” In1945, Australian authorities prosecuted Japanese guards who shaved the beards of Sikh prisonersof war and forced them to smoke cigarettes in violation of their religious beliefs. U.N. war crimesseries, Trial of Tanaka Chuichi and Two Others, Case No. 65, Australian Military Court atRabaul, 12 July, 1946, Law Reports of Trials of War Criminals, Vol. XI, H.M.S.O. (London,1949). By October, 2002, Joint Task Force authorities were seeking approval for the use of additional means. The Request For Approval of Counter Resistance Strategies In early October, 2002, Joint Task Force 170, United States Southern Command (“SOUTHCOM”) established Joint Task Force160/170, which was responsible for operating the detainee detention facility and conductinginterrogations to collect intelligence in support of the War on Terrorism. Joint Task Force 160was established in January 2002 and was tasked with taking care of captured enemy combatantsfrom the war on terrorism. Joint Task Force 170 was stood up by Southern Command on 16February 2002, and tasked with handling interrogation operations for the Department of Defenseas well as ensuring coordination among government agencies involved in the interrogation of thesuspected terrorists. http://www.globalsecurity.org/military/agency/dod/jtf-gtmo.htm.InAugust,2002, “based on difficulties with the command relationships,” they merged into JointTask Force Guantanamo. Final report of the Independent Panel to Review DoD DetentionOperations, at 71, (Aug. 2004).http://www.defenselink.mil/news/Aug2004/d20040824finalreport.pdf. the SOUTHCOM entity charged with prisoner interrogation at Guantanamo Bay forwarded a Request for Approval of Counter Resistance Strategies Supra at fn. 105. [hereinafter Request for Approval] of 11 October, 02 The Request was accompanied by a Legal Brief on Proposed Counter-ResistanceStrategies. infra at Section V (B) (3). That Brief, by Diane E. Beaver, a USA Army JAG LTC,presumed the correctness of the proposition that detainees at Guantanamo were unprotected bythe Geneva Conventions. Paragraph 2. It is discussed in more detail in Section VI(B) below. . That, in turn, was forwarded to the Joint Chiefs of Staff by Commander SouthCom on 25 October, 02. The Request noted See, Appendix 2, supra. that “current” interrogation guidelines The Beaver Brief, infra at Section V (B) (3), identified “current techniques” as thoseoutlined in FM 34-52. The Field Manual discusses low intensity conflicts in chapter 9. It provides that: EPW interrogations are conducted in support of wartime military operations andare governed by the guidelines and limitations provided by the GenevaConventions and FM 27-10. However, insurgent subversive undergroundelements who are seeking to overthrow an established government in aninsurgency do not hold legal status as belligerents (see DA Pam 27-161-1). Sincethese subversive activities are clandestine or covert in nature, individualsoperating in this context seek to avoid open involvement with host-governmentpolice and military security forces. Hence, any insurgent taken into custody byhost-government security forces may not be protected by the Geneva Conventionsbeyond the basic protections in Article 3. The insurgent will be subject to theinternal security laws of the country concerning subversion and lawlessness.Action of US forces, however, will be governed by existing agreements with thehost country and by the provisions of Article 3 of the 1949 Geneva Conventions. Under the heading Handling of Insurgent Captives and Suspects FM 34-52 provides: Insurgency is identified as a condition resulting from a revolt or insurrectionagainst a constituted government which falls short of civil war. It is not usually aconflict of international character, and it is not a recognized belligerency.Therefore, insurgent captives are not guaranteed full protection under the articlesof the Geneva Conventions relative to the handling of EPWs. However, Article 3of the Conventions requires that insurgent captives be humanely treated andforbids violence to life and person -- in particular murder, mutilation, crueltreatment, and torture. It further forbids commitment of outrages upon personaldignity, taking of hostages, passing of sentences, and execution without priorjudgment by a regularly constituted court. Humane treatment of insurgent captives should extend far beyond compliancewith Article 3, if for no other reason than to render them more suceptible tointerrogation. The insurgent is trained to expect brutal treatment upon capture. If,contrary to what he has been led to believe, this mistreatment is not forthcoming,he is apt to become psychologically softened for interrogation. ... Id. (Emphasis added). “limit the ability of interrogators to counter advanced resistance.” It proposed three categories of interrogation techniques. If from no other source, the Joint Task Force was aware of certain cultural issuesinvolving the detainees through discussions with the International Committee of the Red Cross.In notes from a meeting between inter alia Judge Advocates from SOUTHCOM and JTF 160 andICRC representatives on 21 January, 2002, the Red Cross raised the issues of privacy and beards.JAG notes from that meeting include “Islamic people are very private as concerns their bodies“and “Could closely trimmed beards be tolerated?” They also note regarding “red/orange coloredclothing” that “In their culture, red clothing as a sign that someone is about to be put to death.”The ICRC also articulated the detainees’ desires for prayer caps, prayer beads, Korans, andprayer tapes. Two days later, in a Memo to File dated 24 January, 2002, the JTF 160 SJA notedinitial responses to the issues raised including the placing of opaque plastic around the showersbecause “Showering in front of the guards is a great embarrassment to the detainees. Men of theMuslim culture are much more sensitive about their privacy than men in the Western culture.”Regarding the issue that “Detainees wish to grow a short beard in accordance with their religion,”it was noted the matter, along with return of prayer beads, was “under consideration.” Koranswere distributed. http://www.washingtonpost.com/wp-srv/nation/documents/gitmomemos.html. Category I included an initial comfortable environment but if the detainee was determined by the interrogator to be uncooperative, could include 1) yelling (but not loudly enough to cause physical pain), and 2) techniques of deception including multiple interrogators and misidentification of the interrogator as a citizen of a foreign country “with a reputation for harsh treatment of detainees.” Category II, which required the permission of the General in Charge of the Interrogation Section, included “...the use of stress positions (like standing), for a maximum of four hours,” the use of falsified documents or reports, solitary confinement for up to thirty days, “Extensions beyond the initial 30 days must be approved by the Commanding General.For selected detainees, the OIC [Officer in Charge], Interrogation Section, will approve allcontacts with the detainee, to include medical visits of a non-emergent [sic] nature.” Request ForApproval, supra, fn. 105, at paragraph (b)(3). interrogation in other than the standard interrogation booth, sensory deprivation, Described as “Deprivation of light and auditory stimuli.” Id at (b)(5). hooding with unrestricted breathing, “removal of all comfort items (including religious items),” feeding cold Army rations, removal of clothing, “forced grooming (shaving of facial hair etc.),” and “use of detainees individual phobias (such as fear of dogs) to induce stress.” Id, items 1-12. Category III techniques Which could only be used after approval by the Commanding General following arequest by the Director of the Joint Interrogation Group, with “appropriate legal review” andinformation to the SOUTHCOM Commander. Id at Paragraph (c). They “may be utilized in acarefully coordinated manner to help interrogate exceptionally resistant detainees. Any of thesetechniques that requoire light grabbing, poking or pushing will be administered only byindividuals specifically trained in their safe application.” include the use of “scenarios designed to convince the detainee that death or severely painful consequences are imminent for him and/or his family,” “exposure to cold weather or water (with appropriate medical monitoring),” See Robert Lifton, Doctors and torture, 351 New England Journal of Medicine 415 (29July, 2004) http://content.nejm.org/cgi/content/full/351/5/415. “use of a wet towel and dripping water to induce the misperception of suffocation,” The technique is similar to the so-called “water cure” used by American troops againstPhilippine insurgents at the beginning of the last century. “Water cure is a form of interrogationIn one variation, of which the subject is tied or held down in a chair and with his face coveredwith a cloth, water is poured over his face. The subject feels like he is drowning and this is doneto encourage the subject to talk. Another variation is to pour water down the thoat of the subjectbeing careful not to drown the subject but to make the subject feel the sensation of drowning.”http://www.campusprogram.com/reference/en/wikipedia/w/wa/water_cure.html. and use of “mild, non injurious physical contact such as grabbing, poking in the chest with the finger and light pushing.” Approval of Additional Counter Resistance Techniques On 2 December, 2002, Secreatry of Defense Rumsfeld, Based on a recommendation from DOD General Counsel William J. Haynes II, DeputyGeneral Counsel Douglas Feith and General Richard Myers, Chairman of the Joint Chiefs ofStaff. approved Category I and II techniques and the fourth technique in Category III (“mild, non-injurious physical contact”). See Appendix 3. The use of death threats to family, exposure to cold weather and water, and simulated drowning was not approved although DOD General counsel advised they “may be legally available.” A number of those techniques were apparently used. On 22 June, 2004, the office of the DOD General Counsel released a document entitledGTMO Interrogation Techniques.http://www.washingtonpost.com/wp-srv/world/daily/graphics/interrogation_062304.htm. Thatdocument identifies Category I and II techniques used between December 2002, and 15 January,2003. They include under Category I yelling (not directly into ear) and deception throughintroduction of a confederate detainee and “role playing by interrogator in next cell.” Category IIapplied techniques include removal from social support, segregation, isolation, interrogation in adifferent location (still at Guantanamo), deprivation of light (using a red light), introducing streesthrough use of a female interrogator, up to 20 hour interrogations, removal of all comfort itemsincluding religious items, serving MREs instead of hot rations, forced grooming (to includeshaving facial hair and head), and use of false documents. On 15 January, 2003, Secretary Rumsfeld rescinded As a result of concerns raised by the Navy General Counsel. Schlesinger CommitteeReport at p.7. his approval of Category II and one Category III techniques pending a study by DOD General Counsel. Memorandum for Commander SOUTHCOM, from Secretary Rumsfeld, 15 Jan. 2003,http://www.defenselink.mil/news/Jun2004/d20040622doc7.pdf. Secretary Rumsfeldsimultaneously directed the establishment of a working group within the DOD “to assess thelegal, policy and operational issues relating to the interrogation of detainees..”http://www.defenselink.mil/news/Jun2004/d20040622doc6.pdf. He noted that “Should you determine that particular techniques in either of these categories are warranted in an individual case, you should forward that request to me.” Approval of Category I techniques apparently remained in effect. On 6 March the Working Group issued a Draft Report, Working Group Report on Detainee Interrogations in the Global War on Terrorism:Assessment of Legal, Historical, Policy and Operational Considerations, 6 March, 2003.http://www.ccr-ny.org/v2/reports/docs/PentagonReportMarch.pdf. and on 4 April a final version of the document. Id at http://www.defenselink.mil/news/Jun2004/d20040622doc8.pdf. The Working Group Report The Working Group consisted of representatives from a broader spectrum than the government’s prior analytical reports on interrogation. Those included representatives from the Offices of the Undersecretary of (DefensePolicy), the Defense Intelligence Agency, the General Counsels of the Air Force, Army and Navyand Counsel to the Commandant of the Marine Corps, the Judge Advocates General of the Army,Navy, Air Force and Marines, and the Joint Staff Legal Counsel and J5. Id at Introduction, p.2. They produced a document The Working Group Report constitutes both factual and legal analysis. It is discussedhere, but also is compared and contrasted with the Bybee and Beaver Brief, infra, Section V (B)(3). which, except for one central flawed assumption, is sophisticated, well wrought and legally supportable. The sea change reflected in the Working Group Report may indicate the shift to at leastconsidering some input from military lawyers: Lawyers from the military's Judge Advocate General's Corps, or JAG, had beenurging Pentagon officials to ensure protection for prisoners for two years beforethe abuses at Iraq's Abu Ghraib prison came to light, current and former JAGofficers told ABCNEWS. But, the JAG lawyers say, political appointees at thePentagon ignored their warnings, setting the stage for the Abu Ghraib abuses, ..."If we — 'we' being the uniformed lawyers — had been listened to, and what wesaid put into practice, then these abuses would not have occurred," said RearAdmiral Don Guter (ret.), the Navy Judge Advocate General from 2000 to 2002. Specifically, JAG officers say they have been marginalized by Douglas Feith,undersecretary of defense for policy, and William Haynes II, the Pentagon'sgeneral counsel, whom President Bush has nominated for a judgeship on theUnited States Court of Appeals for the Fourth Circuit. See, ABC News, JAG Lawyers Say Political Appointees Ignored Their Warnings on PrisonerTreatment, 16 May, 2004.http://abcnews.go.com/sections/WNT/US/JAG_detainees_040515-1.html. That flawed assumption is the validity of the Presidential determination that the detainees were facially uncovered by the Third Geneva Convention. Thus, the Report states that “The laws of war contain obligations relevant to the issueof interrogation techniques and methods. It should be noted, however, that it is to al Qaidadetainees because, inter alia, al Qaida is not a High Contracting Party...As to the Taliban, theU.S. position is that the provisions of Geneva apply to our present conflict with the Taliban, butthat Taliban detainees do not qualify as prisoners of war under Article 4 of the GenevaConvention,” citing for both propositions the Presidential Determination of 7 Feb. 2002. ThatPresidential Determination is based on the Attorney General’s and OLC’s legal memorandaabove discussed. Thus, the Report opines, Again, based on the Presidential Determination, id. Due to the unique nature of the war on terrorism in which the enemy covertly attacks innocent civilian populations without warning, and further due to the critical nature of the information believed to be known by certain of the al-Qaida and Taliban detainees regarding future terrorist attacks, it may be appropriate for the appropriate approval authority to authorize as a military necessity the interrogation of such unlawful combatants in a manner beyond that which may be applied to a prisoner of war who is subject to the protections of the Geneva Conventions. Id at 3, (Emphasis added). After extensive discussion Limited by the Presidential Declaration of inapplicability of GC3. of domestic and international legal implications Discussed infra, Section V (B) (3). the Working Group discusses considerations affecting policy. Working Group Report, id at Section IV, page 51 et seq. That discussion noted the policies articulated by FM 34-52 Discussed supra at Section VI (A) (1) (a). and its predecessor, FM 30-15. Army Field Manual 30-15 was in effect from 1945 until its replacement in 1987 by FM34-52. Its provisions were also applied by the other armed services of the United States. WorkingGroup Report at p.51. The fundamental policy [of doctrine prior to FM 34-52] concerning intelligence operations...is that the commander may utilize all available resources and lawful means in the accomplishment of his mission and for the protection and security of his unit. However, a strong caveat to this principle noted “treaty commitments and policy of the United States, international agreements, international law and the UCMJ require the conduct of military to conform with the law of war.” FM 30-15 also recognized that Army intelligence interrogations must conform to the “specific prohibitions, limitations and restrictions established by the Geneva Conventions...for the handling and treatment of personnel captured or detained by military forces.” Id at 51, emphasis added. FM 30-15 noted that violations of customary and treaty law would normally alsoviolate the UCMJ and be prosecuted under it, as well as giving rise to potential commandliability. Id at 51. The Working Group also noted that FM 30-15 “emphasized a prohibition on the use of force during interrogations”, including “...actual use of force, mental torture, threats and exposure to inhumane treatment of any kind.” Id at 51. It pointed out that: FM 30-15 stated that experience revealed that the use of force was unnecessary...and was a poor interrogation technique, given that its use produced unreliable information, damages future interrogations, and induced those being interrogateed to offer [false] information... However, [it said] that the prohibition on the use of force must not be confused with the use of psychological tools and deception techniques... Id at 52. In its discussion of FM 34-52, the Working Group pointed out that it had adopted the principles and framework for conducting interrogations of FM 30-15, Id at 53. and that it, along with the curriculum at the U.S. Army Intelligence Center “continue to emphasize a prohibition on the use of force.” It noted: The underlying basis for this prohibition is the proscriptions contained in international and domestic U.S. law. ...Army interrogation experts view the use of force as an inferior technique that yields intelligence of questionable value. Id at 53. Emphasis added. The Working Group also identified a number of policy considerations articulated by the Department of Defense. The policy statement was provided by the Office of the Assistant Secretary of Defense(Special Operations and Low-Intensity Conflict. Id at 54. The Assistant Secretary is ThomasO’Connell. See, http://www.results.gov/leadership/bio_540.html. The core of that policy is that: Choice of interrogation techniques involves a risk benefit analysis in each case bounded by the limits of DOD policy and U.S. law. Id at 55. The Assistant Secretary’s policy guidance also includes what the author considers awise and highly perceptive statement of a core policy reason for the importance of internationallaw to the armed forces of the United States: When assessing whether to use exceptional interrogation techniques,consideration should be given to the possible adverse effects on U.S. ArmedForces culture and self-image, which at times in the past may have suffered dueto perceived law of war violations. DOD policy, reflected in the DOD Law ofWar Program implemented in 1979 and in subsequent directives, greatly restoredthe culture and self-image of U.S. Armed Forces by establishing highbenchmarks of compliance with the principles and spirit of the law of war andthereby humane treatment of all persons in U.S. Armed Forces’ custody. Inaddition consideration should be given to whether implementation of suchexceptional techniques is likely to result in adverse effects on DOD personnelwho become POWs, including possible perceptions by other nations that theUnited States is lowering standards relating to the treatment of prisonersgenerally. Id at 55. The DOD policy guidance confirmed that priority was being given to intelligence gathering but stated that there would be continued assessment of “the value of information for prosecution considerations.” Id at 54. In the event of a request to shift that priority, it noted, factors to be considered would include “...potential benefit from an effective interrogation compared to potential benefit from a better opportunity for effective prosecution.” It is at this point that the DOD seems to recognize on the record that the two might bemutually exclusive, a point which seemed lost on the Department of Justice. See, e.g. TheYoo/Delahunty Memorandum, supra, text accompanying fn. 51 et seq. It provided that: For interrogations involving exceptional techniques approved by [Secretary Rumsfeld] standard doctrine may be used as well as specifically authorized exceptional techniques. However, such interrogations may only be applied in limited, designated settings approved by [Mr. Rumsfeld or designee] staffed by personnel specifically trained in their use and subject to a command/decision authority at a level [designated by Mr. Rumsfeld]. Id at 55. The DOD policy also required all interrogations involving “exceptional” methods hadto be applied in the context of a comprehensive plan which had to include at least appropriateapproval authority It is in its discussion of the potential effect of interrogation techniques on prosecutions that the Working Group Report is most directly relevant to the analysis here. It notes, “depending on the techniques employed, the admissibility of any information may depend on the forum considering the evidence.” Id at 56. The Report points out that admissibility is necessarily fact specific depending on theexact techniques used. Id. It then considers two issues of direct relevance here; prosecution by the United States before a military commission, court martial or Article III court, and the effect of the Geneva Conventions if they are indeed applicable despite the Presidential Determination. The Working Group’s Analysis of Admissibility of Evidence Obtained By Extraordinary Interrogation Techniques Before A Commission, Court Martial or District Court The Working Group noted that although the standard of admissibility for military commissions is “fairly low” “Probative value to a reasonable person, see discussion, supra, text following fn. 32.. “many of the [interrogation] techniques may place a burden on the prosecution’s ability to convince commission members that the evidence meets even the lower standard.” Working Group Report at 56. Their analysis is encouraging, even if it is incongruent with the past history of the evidentiary standard: See discussion supra, fn. 34. The analysis would be much more persuasive if theappellate process was through the courts rather than the executive branch. As the interrogation methods increase in intensity, the likelihood that the information will be deemed coerced and involuntary and thus held inadmissible increases. Although voluntariness of the confession is not a specific threshold question on admissibility, it can reasonably be expected that the defense will raise voluntariness, challenging the probative value of the information and hence, its admissibility. If the statement is admitted, voluntariness will undoubtedly be a factor considered by the members in determining the weight given to the information. Id at 56-57. Emphasis added. The Working Group’s speculation that a fair approximation of at least the policies underlying the exclusionary rule would be applied in a commission unbound by law and precedent is, unfortunately, contrary to past experience. As previously noted, examination of past applications of the Quirin evidence rule include substantial abuses, often offensive to basic notions of fair play. Their analysis of the admissibility of extraordinary interrogation results in a court martial or U.S. district court, is much more congruent with precedent. Under those standards the Working Group noted: If the actions taken to secure a statement constitute torture the statement would be inadmissible. Citing Brown v. Mississippi, 297 U.S. 278 (1936) “(confessions procured by means‘revolting to the sense of justice’ could not be used to secure a conviction.” It should be noted that conduct does not need to rise to the level of “torture” or “cruel, inhuman and degrading treatment or punishment” for it to cause a statment to be involuntary, and therefore inadmissible. As such, the more aggressive the interrogation technique used, the greater the likelihood it could adversely affect the admissibility of any acquired statements or confessions. Id at 57. Emphasis added. The Working Group raises a number of other concerns including public reaction tomethods of interrogation, and balancing the “stated objective of open proceedings with the neednot to publicize interrogation techniques.’ Id at 57. To the extent that court martial or district court standards apply, the emphasized language above is a direct refutation of Judge Bybee’s torture analysis. It straightforwardly supports a core proposition of this article; that use of evidence obtained through violations of the Third Geneva Convention would violate a POWs rights under GC3 Article 102. “A prisoner of war can be validly sentenced only if the sentence has been pronouncedby the same courts according to the same procedure as in the case of members of the armedforces of the Detaining Power, and if, furthermore, the provisions of the present Chapter havebeen observed.” Following its analysis of domestic legal issues, the Working group discusses its view of problems with the interrogation techniques under international law. It finesses the Presidential Declaration of inapplicability with a statement that the law “...although not binding on the United states, could be cited by other countries to support the proposition that the interrogation techniques used by the U.S. contravene international legal standards.”Id at 58. While it says its purpose is to inform the DOD’s policy considerations when deciding how to treat “unlawful” combatants, the discussion constitutes a clear and direct warning of the potential problems arising from violations of the Third Geneva Convention. The Working Group’s Analysis of the Effects of Application of the Geneva Conventions The Working Group notes that “to the extent that other nation states do not concede the U.S. position...” Prisoners of war must at all times be humanely treated. Any unlawful act or omissionby the Detaining Power causing death or seriously endangering the health of a prisoner of war inits custody is prohibited, and will be regarded as a serious breach of the present Convention. Inparticular, no prisoner of war may be subjected to physical mutilation or to medical or scientificexperiments of any kind which are not justified by the medical, dental or hospital treatment of theprisoner concerned and carried out in his interest. Likewise, prisoners of war must at all times be protected, particularly against acts of violence orintimidation and against insults and public curiosity. Measures of reprisal against prisoners of war are prohibited. Prisoners of war are entitled in all circumstances to respect for their persons and theirhonor. ... Every prisoner of war, when questioned on the subject, is bound to give only hissurname, first names and rank, date of birth, and army, regimental, personal or serial number, orfailing this, equivalent information. ...No physical or mental torture, nor any other form ofcoercion, may be inflicted on prisoners of war to secure from them information of any kindwhatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed toany unpleasant or disadvantageous treatment of any kind. Grave breaches to which the preceding Article relates shall be those involving any ofthe following acts, if committed against persons or property protected by the Convention: wilfulkilling, torture or inhuman treatment, including biological experiments, wilfully causing greatsuffering or serious injury to body or health, compelling a prisoner of war to serve in the forcesof the hostile Power, or wilfully depriving a prisoner of war of the rights of fair and regular trialprescribed in this Convention. ...Each High Contracting Party shall be under the obligation to search for personsalleged to have committed, or to have ordered to be committed, such grave breaches, and shallbring such persons, regardless of their nationality, before its own courts.... may be relevant to considerations of interrogation techniques. It warns that: These articles of the Third Geneva Convention may provide an opportunity for other States Parties to allege that they consider the United States to be in violation of the Convention through its treatment of detainees. To the extent any such treatment could be considered by them to be torture or inhumane treatment, such acts could be considered “grave breaches” and punishable as war crimes. Id. Emphasis added. The Working Group also notes that even if other States Party concur that POW status isinapplicable they may still claim coverage under Article 75 of the First Additional protocol to theGeneva Conventions. “ ...persons who are in the power of a Party to the conflict and who do notbenefit from more favourable treatment under the Conventions or under this Protocol shall betreated humanely in all circumstances and shall enjoy, as a minimum, the protection provided bythis Article without any adverse distinction based upon race, colour, sex, language, religion orbelief, political or other opinion, national or social origin, wealth, birth or other status, or on anyother similar criteria. Each Party shall respect the person, honour, convictions and religiouspractices of all such persons. [Prohibited acts include violence to the life, health, or physical ormental well-being of persons including murder, torture of all kinds, whether physical or mental;corporal punishment; and mutilation; outrages upon personal dignity, in particular humiliatingand degrading treatment; taking of hostages; collective punishments; and threats to commit anyof the foregoing acts]. ‘ Despite these warnings, the Working Group, operating on the assumption that the Presidential Directive of inapplicability of GC3 is mandatory, recommends an interrogation program containing many of the elements previously discussed. It is, however, substantially limited in their application. The Working Group’s Recommended Interrogation Techniques The Working Group recommends See Appendix 4. limited use of many of the non-standard techniques Many of the techniques discussed are standard interrogation methods found in FM 34-52. previously approved by Secretary Rumsfeld but hedged with numerous limitations, safeguards and caveats. Its core is the statement that: The purpose of all interviews and interrogations is to get the most information from a detainee with the least intrusive method, always applied in a humane and lawful manner with sufficient oversight by trained investigators or interrogators. Id at 62. The steps it proposes to ensure compliance with that standard are enlightening, both because they circumscribe interrogator conduct, and because they explain in clear terms the psychological and emotional manipulation at the core of effective interrogation techniques. Thus the Working Group notes that interrogations “must always be planned, deliberateactions” with operating instructions “based on command policies to ensure uniform, careful andsafe application of interrogations of detainees. id at 62. It adds this caveat emphasized in theoriginal “While techniques are considered individually within this analysis, it must be understoodthat in practice, techniques are usually used in combination; the cumulative effect of alltechniques used must be considered before any decisions are made regarding approval forparticular situations... The Report notes that interrogations must consider “often interlocking factors, such as ... a detainee’s emotional and physical strengths and weaknesses...[and] an effort to gain the trust of the detainee...” They add: Interrogation approaches are designed to manipulate the detainee’s emotions and weaknesses to gain his willing cooperation. Interrogation operations are never conducted in a vacuum; they are conducted in close cooperation with the units detaining the individuals. ...Detainee interrogation involves a plan tailored to an individual and approved by senior interrogators. Strict adherence to policies/standard operating procedures governing the administration techniques and oversight is essential. Id at 62. Emphasis added. The Working Group’s Report was a carefully drafted document, which attempted to substantially limit and control potential abuses, and to recork, as much as possible, the bottle from which the evil genie of prisoner abuse had been released. It is most unfortunate that initial consideration of these matters gave short shrift to theconcerns expressed about potential adverse affects on military culture. The Bybee Memo’srationale that the military will “do as it’s told” reflects a substantial failure of civilian authoritiesto comprehend the complex interplay among rules, culture, honor and duty in the armed forces.Telling any human that a subset of his or her behavioral rules may be dismissed with a wink isinherently unsettling to societal norms. In a closed society like the military, the essential purposeof which is to provide closely regulated lethal force for national defense, adherence to a moralcode is essential. See, Army FM 22-100, Military Leadership. See Fay Report, Finding 5“Leaders must balance mission requirements with unit capabilities, soldier morale andeffectiveness. Protecting soldiers from unnecessary pressure to enhance mission effectiveness is aleader’s job.” Unfortunately, even though Secretary Rumsfeld approved the Report, and implemented even further restrictions, the damage to the carefully restricted intelligence interrogation culture had already been inflicted, Thus for example, the Executive Summary of the Jones and Fay AR 15-6Investigations of the Abu Ghraib Prison and 205th Military Intelligence Brigades notes that: Confusion about what interrogation techniques were authorized resulted from theproliferation of guidance and information from other theaters of operation;individual interrogator experience in other theaters; and the failure to distinguishbetween interrogation operations in the other theaters and Iraq. This confusioncontributed to the occurrence of some of the non-violent and non-sexual abuses. Executive Summary at p.3. in some case, damage which may prove to have had fatal consequences. Secretary Rumsfeld’s Approval On 16 April, 2002, after considering the Working Group’s Report, Secretary Rumsfeld informed the Commander of SOUTHCOM that he had approved counter-resistance techniques See Appendix 5. limited to interrogations of unlawful combatants held at Guantanamo Bay, Cuba. He declined to approve some of the interrogation methods recommended by the Working Group including most of the methods in Categories I and II of the original request, The methods eliminated from the Working Group recommendations includedHooding; Mild Physical Contact; Threat of Transfer; Use of Prolonged Interrogations; ForcedGrooming; Prolonged Standing; Sleep deprivation; Physical Training; Face slap/Stomach slap;Removal of Clothing; and Increasing Anxiety by Use of Aversions. Secretary Rumsfeld noted,however, that if the SOUTHCOM commander determined that he required “...additionalinterrogation techniques for a particular detainee, you should provide me...a written requestdescribing the proposed technique, recommended safeguards, and the rationale for applying itwith an identified detainee.” Id at p.1. and noted that as to Incentive/Removal of Incentive, Pride and Ego Down, O. Mutt and Jeff, and Isolation “...you must specifically determine that military necessity requires its use and notify me in advance.” Id. The Department of Defense has verified that some of the techniques eventually approved by Secretary Rumsfeld were used, between 2 December, 2002 and 15 January, 2003. DOD Background Briefing, May 20, 2004. Sr. Defense Official: “I believe that therewere some techniques that eventually were approved were used in the initial phase which beganand then stopped.” http://www.defenselink.mil/transcripts/2004/tr20040520-0788.html. From 16 January until 15 April, 2003, interrogators at Guantanamo used FM 34-52 techniques with three added Category I techniques: yelling, multiple interrogators and interrogator identity. Schlesinger Committee Report at Appendices D and E. They were applied by the Joint Task Force 170 Later the Joint Interrogation Task Force Guantanamo. at Guantanamo under the Command of a Military Intelligence officer, Major General Geoffrey Miller. General Miller assumed command at Guantanamo in November, 2002.http://www.globalsecurity.org/military/facility/guantanamo-bay_delta.htm. It is important to notethat MG Fay, in his AR 15-6 Report, specifically notes that “There is no indication that thetraining provided by the JTF-GTMO Team led to any new violations of the Geneva Conventionsand the law of land warfare. Training focused on screening, the use of pocket littler duringinterrogations, prioritization of detainees, planning and preparation, approaches, questioning,interpreter control, deception detection, reporting, automation, and interrogation booths. FayReport at 18. Eventually they migrated Hersh claims in Chain of Command that the decision to use extraordinary interrogationtechniques in Iraq was made by Undersecretary of Defense for Intelligence Stephen Cambone. Hequotes a source, “The White House subcontracted this to the Pentagon, and the Pentagonsubcontracted it to Cambone. This is Cambone’s deal, but Rumsfeld and Myers approved theprogram.” Chain of Command at 60. to Abu Ghraib Prison in Iraq, In his AR 15-6 Investigation of the Abu Ghraib Prison and 205th Military IntelligenceBrigade, LTG Anthony R. Jones determined that: Interrogation techniques, including counter-Resistance Techniques, weredeveloped and approved for the detainees at Guantanamo and Afghanistan whowere determined not to be EPWs or protected persons under the GenevaConventions of 1949. The OSD Memo promulgatd in December, 2002 [the firstRumsfeld Order] approving techniques and safeguards for interrogation ofunlawful combatants in GTMO included the use of dogs to induce stress and theremoving of clothing as Counter-Resistance techniques. This memo was rescindedin January 2003. A General Counsel Interrogation Group was eventually formedand published a revised memo in April 2003...This memo...and the techniquesoutlined in FM 34-52 were referenced ...to develop the limits of authority memofor LTG Sanchez. The provisions of Geneva Convention IV, Relative toProtection of Civilian Persons in Time of War did apply to detainees inIraq....[LTG Sanchez’ memos on interrogation techniques] inadvertently leftcertain issues for interpretation: namely the responsibility for clothing detainees,the use of dogs in interrogation, and applicability of techniques to detainees whowere not categorized as “security detainees.”Furthermore, some militaryintelligence personnel executing their interrogation duties at Abu Ghraib hadpreviously served as interrogators in ...Afghanistan and GTMO. These priorexperiences complicated understanding at the interrogator level. The extent of“word of mouth” techniques that were passed to the interrogators in Abu Ghraibby assistance teams from Guantanamo, Fort Huachuca, or amongst themselves isunclear and likely impossible to determine. in some instances based on intentional command decisions, According to the Schlesinger Committee Report: MG Miller had indicated his model was approved only for Guantanamo.However, CJTF-7 using reasoning from the President’s Memorandum of February7, 2002, which addressed “unlawful combatants,” believed additional, toughermeasures were warranted because there were “unlawful combatants” mixed inwith Enemy Prisoners of War and civilian and criminal detainees. The CJTF-7Commander [LTG Sanchez], on the advice of his Staff judge Advocate, believedhe had the inherent authority of the Commander in a Theater of War topromulgate such a policy and make determinations as to the categorization ofdetainees under the Geneva Conventions. CENTCOM viewed the CJTF-7 asunacceptably aggressive, and on October 12, 2003, [LTG Sanchez] rescinded hisSeptember directive and disseminated methods only slightly stronger than those in[FM 34-52]. The policy memos promulgated at the CJTF-7 level allowed forinterpretation in several areas and did not adequately set forth the limits ofinterrogation techniques. The existence of confusing and inconsistentinterrogation technique policies contributed to the belief that additionalinterrogation techniques were condoned. Id. At 10 (emphasis added). Note that CJTF-7 was Combined Joint Task Force 7, the forward deployed headquartersfor Operation Iraqi Freedom, and commanded by LTG Ricardo Sanchez. in some on cultural dispersion. “Interrogation techniques intended only for Guantanamo came to be used inAfghanistan and Iraq. Techniques employed at Guantanamo included the use of stress positions,isolation for up to 30 days and removal of clothing. In Afghanistan techniques included removalof clothing, isolating people for long periods of time, use of stress positions, exploiting fear ofdogs, and sleep and light deprivation. Interrogators in Iraq, already familiar with some of theseideas, implemented them even prior to any policy guidance from CJTF-7.” SchlessingerCommittee Report at 68. As the Schlesinger Committee Report Notes: [Extraordinary] interrogation techniques were authorized only [for use against al Qaeda and the Taliban]. More important, their authorization in Afghanistan and Guantanamo was possible only because the President had determined that individuals subjected to these interrogation techniques fell outside the strict protections of the Geneva Conventions.” Schlesinger Committee Report at 82 (Emphasis added). The Schlesinger Committee’s reference to Afghanistan is telling. The United StatesArmy has charged MP SGT James P. Boland, with permitting the beating of one Afghanprisoner, and the shackling of another to the ceiling with his hands above his shoulders. Bothprisoners at Bagram Air Base, according to the charge sheet, later died in December, 2002. According to the New York Times, classified portions of an Army report [the Times storyis unclear but the reference is apparently to either the Taguba or Fay Reports] on Abu Ghraibstated that “In Afghanistan, techniques included removal of clothing, isolating people for longperiods of time, use of stress positions, exploiting fear of dogs, and sleep and light deprivation.” The classified portions of that report also identified as approved interrogation methods“shaving their heads and beards” and “20 hour interrogations.” Carlotta Gall, and David Rohde, Afghan Abuse Charges Raise New Questions on Authority, NewYork Times, September 17, 2004 p.A10. Thus, if the presidential determination was legally erroneous, the entire structure crumbled. The first shockwaves of that collapse began at Abu Ghraib. The Taguba Report Id. at fn. 4. “In September, a team headed by General [Geoffrey] Miller assessed our intelligence interrogation activities and human detention operations. We reviewed the recommendations with the expressed understanding, reinforced in conversations between General Miller and me, that they might have to be modified for use in Iraq where the Geneva Convention was fully applicable. Testimony by LTG Ricardo Sanchez before the United States Senate. General Ricardo Sanchez testimony before Senate Committee on Armed Services, 19May, 2004, http://www.washingtonpost.com/wp-dyn/articles/A39851-2004May19.html. After the revelation of sexual and physical abuse at Abu Ghraib, the CENTOM commander appointed MG Antonio Taguba to conduct an Article 15-6 investigation into the detention and internment operations of the 800th Military Police Brigade. The Taguba Report identified acts of intentional abuse of detainees by military police officers which included: punching, clapping and kicking detainees and jumping on their bare feet; videotaping and photographing naked male and female detainees; forcibly arranging detainees in sexually explicit positions for photographing; forcing detainees to disrobe and keeping them naked for several days at a time; forcing male detainees to wear women’s underwear; forcing groups of male detainees to masturbate while being photographed; arranging naked male detainees in a pile and jumping on them; positioning a naked detainee on a box with a sandbag on his head and attaching wires to his fingers, toes and penis to simulate electric torture; writing “I am a rapist” on the leg of a detainee; placing a dog chain around a naked detainee’s neck and having a female soldier pose for a picture with him; sexual intercourse with a female detainee; using unmuzzled military working dogs to intimidate and frighten detainees with at least one severe injury from a dog bite; and photographing dead Iraqi detainee. Taguba Report at Finding of Fact 6. The Report also accepted as credible detainees allegations of breaking chemical lights and pouring phosphoric liquid on detainees; threatening detainees with a pistol; pouring cold water on naked detainees; beating detainees with a broom handle and a chair; threatening male detainees with rape; allowing non-medical personnel to stitch a wounded detainee; and sodomizing a detainee with a broom stick and possibly a chemical light. Id at Finding of Fact 8. The Taguba Report, as well as some of the photographs which precipitated it, came into the hands of American reporters and initiated the chain of events discussed above. See Section II, supra. Following the appointment of MG Taguba, a separate investigation was ordered by LTG Sanchez to investigate the role of military intelligence personnel From the 205th Military Intelligence Brigade which included Abu Ghraib within itssphere of responsibility. in abuses at Abu Ghraib. That investigation Pursuant to Army Regulation 381-10, Procedure 15. conducted by MG George R. Fay, and later supplemented by appointment of LTG of LTG Anthony R. Jones, as an additional investigating officer, resulted in the disclosure of substantial additional information. The Fay and Jones Reports LTG Jones more closely examined the chain of command above the 205th M.I. Brigade. He determined that “the chain of command directly above” the Brigade “was not directly involved” in the Abu Ghraib abuses but that policy memoranda promulgated by LTG Ricardo Sanchez “led indirectly to some of the non-violent and non-sexual abuses,” Jones Report at p.4 para. d(1). because they “allowed for interpretation in several areas, including use of dogs and removal of clothing.” Id. at 16. He noted that: Particularly in light of the wide spectrum of interrogator qualifications, maturity, and experiences 0i.e. in GTMO and Afghanistan), the memos did not adequately set forth the limits on interrogation techniques.” Id at 16. MG Fay’s investigation which was principally directed at the Brigade level and below, was by its nature considerably more detailed. It identified forty-four alleged instances or events of detainee abuse committed by Military Police and Military Intelligence soldiers as well as civilian contractors employed by the Army. Military Intelligence solicitation of MP abuse included the use of isolation with sensory deprivation, removal of clothing and humiliation, the use of dogs as an interrogation tool and physical abuse. Fay Report, Executive Summary at p.7. MG Fay extensively discussed how extraordinary interrogation techniques migrated from Guantanamo (GTMO) to Abu Ghraib: Non-doctrinal approaches, techniques and practices were developed and approved for use in Afghanistan and GTMO as part of the Global War on Terrorism (GWOT) According to the New York Times, a classified section of the Fay Report: ...sheds new light on the role played by a secretive Special OperationsForces/Central Intelligence Agency task force that operated in Iraq andAfghanistan as a source of interrogation procedures that were put into effect atAbu Ghraib. It says that a July 15, 2003, "Battlefield Interrogation Team andFacility Policy," drafted for use by Joint Task Force 121, which was given the taskof locating former government members in Iraq, was adopted "almost verbatim"by the 519th Military Intelligence Battalion, which played a leading role ininterrogations at Abu Ghraib. That task force policy endorsed the use of stresspositions during harsh interrogation procedures, the use of dogs, yelling, loudmusic, light control, isolation and other procedures used previously inAfghanistan and Iraq. Douglas Jehl, Report Faults Former Tom Commander in Iraq for Abuse, New York Times,August 27, 2004. . These techniques, approaches and practices became confused at Abu Ghraib and were implemented without proper authorities or safeguards. Soldiers were not trained on non-doctrinal interrogation techniques such as sleep adjustment, isolation and the use of dogs. Many interrogators and personnel overseeing interrogation operations at Abu Ghraib had prior exposure to or experience in GTMO or Afghanistan. Concepts for the non-doctrinal, non field-manual approaches came from documents and personnel in GTMO and Afghanistan. Id at p.8. He then discussed those techniques in detail: Physical and sexual abuses of detainees...spanned from direct physical assault such as...head blows rendering detainees unconscious to sexual posing and forced participation in group masturbation. At the extremes were the death of a detainee in [CIA] custody, an alleged rape committed by a US translator, and the alleged sexual assault of a female detainee. These abuses are, without question, criminal....Such abuse can not be directly It is of interest to note that MG Fay specifically does not say they can not be indirectlytied to those policies. tied to a systemic US approach to torture or approved treatment of detainees....The environment created at Abu Ghriab contributed to the occurrence of such abuse and the fact that it remained undiscovered by higher authority for a long period of time. What started as nakedness and humiliation, stress and physical training (exercise), carried over into sexual and physical assaults by a small group of morally corrupt and unspervised Soldiers and civilians. Id at 9-10, emphasis added. In additional to the physical and sexual abuse, MG Fay identified three principal areas of detainee mistreatment. Those were the use of dogs, nudity and isolation: Abusing detainees with dogs started almost immediately after the dogs arrived at Abu Ghraib...Dog teams were brought to Abu Ghraib as a result of recommendations from MG G. Miller’s assessment team from GTMO. MG G. Miller recommended dogs as beneficial for detainee custody and control issues. Interrogations at Abu Ghraib, however, were influenced by several documents that spoke of exploiting the Arab fear of dogs. The use of dogs in interrogations to “fear up” detainees was utilized without proper authorization. ... The use of nudity as an interrogation technique or incentive to maintain the cooperation of detainees was not a technique developed at Abu Ghraib, but rather a technique which was imported and can be traced through Afghanistan and GTMO. As interrogation operations in Iraq began...it was often the same personnel who had operated and deployed in other theaters in support of GWOT...The lines of authority and prior legal opinions blurred...The use of...(nudity) is significant in that it likely contributed to an escalating “de-humanization” of the detainees and set the stage for additional and more severe abuses to occur...LTG Sanchez approved the extended use of isolation on several occasions, intending for the detainee to be kept apart, without communication with their fellow detainees. The technique employed in several instances was not, however, segregation but rather isolation-the complete removal from outside contact other than required care and feeding by MP guards and interrogation by MI. ...Lack [of] proper training, clear guidance or experience...stretched the bounds into further abuse; sensory deprivation and unsafe or unhealthy living conditions. Detainees were sometimes placed in xcessively cold or hot cells with limited or poor ventilation or light. Id at 10 (emphasis added). The Fay Report summarizes detainee abuse in several categories including: 1) physical abuse including slapping, kicking, twisting hands, restricting breathing, poking an injury and “forcing an internee to stand while handcuffed in such a way as to dislocate his shoulder,” The similarity to torture techniques used by the North Vietnamese against capturedAmerican pilots is disturbing. Although nothing as extreme as the odious nature of the NorthVietnamese treatment is alleged, the difference seems to be one of degree rather than moralculpability. See, Stuart Rochester and Frederick Kiley, Honor Bound, Naval Institute Press(Anapolis, 1998) pp 144-148. 2) use of dogs to “threaten and terrify detainees” The Fay Report at p. 83, says that interrogations at Abu Ghraib were influenced by“several documents that spoke of exploiting the Arab fear of dogs.” The document list includesthe 11 October 2002 JTF 170 Counter Resistance Strategies memorandum.” , 3) humiliating and degrading treatment including nakedness The Report notes that “removal of clothing was not a technique developed at AbuGhraib but rather a technique which was imported and can be traced through Afghanistan andGTMO.” Id. at 87. Id adds: At GTMO ...the SECDEF [Secretary Rumsfeld] granted this authority on 2December, 2002, but it was rescinded six weeks later in January, 2003. ...Asinterrogation operations in Iraq began to take form, it was often the samepersonnel who had operated and deployed in other theaters and in support ofGWOT, who were called upon to establish and conduct interrogation operations inAbu Ghraib. The lines of authority and the prior legal opinions blurred. Soldierssimply carried forward the use of nudity into the Iraqi theater of operations. Id. at 88. , photographs in undress and degrading positions, forcing detainees into simulated sexual positions The Fay Report draws a causal connection between extraordinary interrogationtechniques and sexual abuse. The climate created at Abu Ghraib provided the opportunity forsuch abuse to occur and continue undiscovered...What started as undressing and humiliation,stress and physical training, carried over into sexual and physical assaults by a small group ofmorally corrupt and unsupervised Soldiers and civilians. Fay Report at 71 (emphasis added). , 4) improper use of isolation, Sen. MCCain says of his imprisonment in North Vietnam that “It’s an awful thing,solitary. It crushes your spirit and weakens your resistance more effectively than any other formof mistreatment.”John McCain, Faith of my Fathers, Random House (New York, 1999) at 206. 5) failure to safeguard detainees, and 6) failure to report detainee abuse. Id. at 69. Other Sources of Information About Alleged Abuses In addition to official reports, allegations of and information about abuse has surfaced from several sources in the press. Those include claims by former prisoners, publicized reports by the International Committee of the Red Cross, and reports of continuing prosecutions of military personnel for abuse especially involving Afghanistan. The Afghan claims are particularly enlightening because they deal with treatment ofdetainees classified as unlawful combatants under the same Presidential Order as those atGuantanamo. From the limited amount of information revealed in the Abu Ghraib related reports,it appears extraordinary interrogation techniques were applied to detainees in at least someinstances. Some of those persons may have been captured after the capture of Kabul, and theinstallation of the Kharzai government. As long, however, as effective resistance continues inAfghanistan under the Taliban leadership, and as long as they maintain armed forces “in thefield” the Third Geneva Convention should continue to apply. See, Hague Regulations, Art. 42.“Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can beexercised.” C.f. Rev. Mons. Sebastiao Francisco Xavier dos Remedios Monteiro v. The State ofGoa, Supreme Court of India, 26 March 1969, All India Reporter, 1970 SC 329. “There ishowever difference between true annexation on the one hand and premature annexation or"anticipated annexation" on the other. Annexation is premature so long as hostilities arecontinuing and there is an opposing army in the field even if the Occupied Power is whollyexcluded from the territory. Anticipated annexation by unilateral action is not true annexation.True annexation is only so when the territory is conquered and subjugated.” In addition, in September 2004, Seymour Hersh published Chain of Command Harper Collins, New York (2004). which contains a number of other specific allegations of mistreatment and misconduct. According to the Fay Report: The ICRC found a high level of depression, helplessness, stress and frustration especially by those detainees in isolation. Detainees made the following allegations during interviews with the ICRC: threats during interrogation; insults and verbal insults during transfer in Tier 1A; sleep deprivation; walking in the corridors handcuffed and naked, except for female underwear over the head; handcuffing either to the upper bed bars or doors of the cell for 3-4 hours. Some detainees presented physical marks and psychological symptoms which were compatible with these allegations. Also noted were brutality upon capture, physical or psychological coercion during interrogation, prolonged isolation, and excessive and disproportionate use of force. Fay Report at 64-65. Of particular interest to the ICRC, was the status of a detainee kept “...in a totally darkened cell, measuring about 2 meters long, and less than a meter across, devoid of any window, latrine or water tap, or bedding.” The Fay Report also refers to an isolation “Hole,” which subjected detainees toexcessive cold in the winter and heat in the summer. “There was obviously poor air quality, nomonitoring of time limits, no frequent checks on physical condition of the detainee, and nomedical screeing, all of which added up to detainee abuse.” Id at 93. On the cell door was the inscription “the Gollum” with a picture of the character from the Tolkien film trilogy. Fay Report at 66. The Fay Report says that the only response to ICRC complains about Abu Ghraib was aletter from BG Janice Karpinski dated 24 December, 2003. The letter, the Report noted “...tendsto gloss over, close to the point of denying the inhumane treatment, humiliation and abuseidentified by the ICRC. Press stories about Red Cross Reports also indicated the existence of abuses: On the military side, a key focus is Army Col. Thomas Pappas, commander of the 205th Military Intelligence Brigade. A controversial order last fall put Pappas in overall charge of Abu Ghraib on Nov. 19. The abuse of prisoners had already begun there, however, and Army Maj. Gen. Thomas Romig, Army judge advocate general, told a congressional hearing last week that the search for culpable officers may encompass others. Red Cross inspectors who visited Abu Ghraib in early October 2003 and found many of the abuses that have since come to light spoke to an unnamed military intelligence officer before Pappas took command of the prison. Romig told members of Congress last week, “Clearly ... we’d like to know who that was.” Red Cross reports are kept confidential to prevent publicity-averse governments from denying the organization access to prisons around the world. Key witnesses are often not named. John Diamond and Toni Locy, Military intelligence, CIA Officers Under Scrutiny, Army Times, 17 May, 2004 Some claims of abuse have been made in the press by former prisoners. For example, three Britons freed from Guantanamo Bay claimed they suffered systematic brutality and sexual humiliation during their detention at the U.S. military base. But see, [American] officials denied the specific allegations of mistreatment made byprisoners recently returned to Britain whose accounts appeared in British newspapers and fromAfghans who spoke to The New York Times in Kabul. Their accounts detail enforced privation,petty cruelty, beatings and planned humiliations. Neil A. Lewis, Guantanamo Detainees DeliverIntelligence Gains, New York Times, March 20, 2004. A report released by their lawyers said prisoners at Guantanamo were stripped naked and forced to watch videotapes of other prisoners who had been ordered to sodomize each other. It also says one of the men was questioned with a gun to his head. Associated Press, Aug. 4, 2004. http://www.msnbc.msn.com/id/5602003/. See, also,letter to U,S, Senate ArmedServices Committee, 13 May, 2004.http://www.ccr-ny.org/v2/reports/docs/ltr%20to%20Sentate%2012may04v2.pdf. Similar charges have been made by other prisoners. A Pakistani on-line press report claims that: A Tunisian detainee testified other day before a U.S. military review hearing thathe was abused while in captivity in Afghanistan before being brought to the prisoncamp at Guantanamo Bay, a military official said. The 35-year-old Tunisian told the review panel he was held in the dark andwithout sufficient drinking water for more than two months in Afghanistan, said amilitary officer who served as the tribunal recorder and whose identity was barredfrom being disclosed. Military officials said the detainee was captured by the Northern Alliance beforebeing turned over to U.S. troops. The man didn't specify which force was holdinghim at the time of the alleged mistreatment, but he told the panel the experienceled him to falsely confess to training with militants, the tribunal official said. The Tunisian told the panel he made the false confessions due to the"mistreatment he had received in Afghanistan, or as he phrased it, torture," theofficer said. Detainee Says He Was Abused in Afghanistan, PakTribune, 10 August, 2004.http://www.paktribune.com/news/index.php?id=73523. See also, “Enduring Freedom:” Abuses by U.S. Forces in Afghanistan. In addition, reports of prosecutions arising from treatment of detainees in Afghanistan, especially by Special Operations forces, provide some potentially useful information. Thus, for example, charges against four Navy SEALs involving abuse of a prisoner who later dies, may result in testimony. Eric Schmitt, 4 Navy Commandos Are Charged in Abuse, New York Times, 4September, 2004, Section A, page 6. The same applies to the charges against a civilian contractor for the CIA, David Passaro, who was recently indicted in Raleigh, N.C. for the beating death of an Afghan prisoner. Terry Frieden, U.S. Indicts CIA Contractor in Afghanistan Prison Death, CNN, 22June, 2004, http://www.cnn.com/2004/LAW/06/17/afghan.indictment/. Finally, Seymour Hersh revealed additional facts in Chain of Command. As is his practice, Mr. Hersh, a long-standing investigative journalist who first brokethe My Lai story, did not reveal confidential sources. Given his history of accuracy, however, theauthor feels confident in at least adding them to the facts discussed, here, especially since theyare consistent with the pattern of events revealed in official investigations to date. According to Hersh, in the late summer of 2002, a CIA analyst visited Guantanamo and interviewed at least thirty detainees. Hersh quotes one of the analyst’s colleagues: “Based on his sample, more than half the people there didn’t belong there. He found people lying in the own feces,” including two captives, perhaps in their eighties, who were clearly suffering from dementia. Chain of Command at p. 2. Hersh claims that U.S. claims of providing a minimum of three hours of recreation a week to Guantanamo captives are, in some cases, not in compliance with the spirit of the Third Geneva Convention Hersh’s discussion does not indicate whether a distinction was made among detaineesbased on their status as Taliban, al Qaeda, or otherwise. It is, accordingly, impossible todetermine on these facts whether this “recreation” was provided to persons arguably covered bythe Third Geneva Convention. For the tough cases...in mid-2002, at recreation time some prisoners would be strapped into heavy jackets, similar to straitjackets, with their arms locked behind them and their legs straddled by straps. Goggles were placed over their eyes and their heads covered with a hood. The prisoner was then led at midday into what looked like a narrow fenced-in dog run...and given his hour of recreation. The restraints forced him to move, if he chose to move, on his knees, bent over at a forty-five degree angle. Most prisoners just sat and suffered in the heat. Id at 12. Hersh says his informant claims photographs of the procedure exist. In another example, Hersh quote a former Marine guard at Guantanamo who says he was encouraged by his squad leader to “visit” detainees one or two times a month: “We tried to fuck with them as much as we could–inflict a little bit of pain...you couldn’t send them back with a broken leg or so. And if somebody died I’d get court-martialed.” [Hooded prisoners were driven] around the camp in a Humvee making turns so they didn’t know where they were. The prisoners would talk during the rides ... but “we didn’t know what they were saying. I wasn’t trying to get information. I was just having a little fun–playing mind control.” Id at 12-13. Hersh also discussed the exhibition to the press of John Walker Lindh One of the “American Talibans.” who was stripped, gagged, strapped to a board and exhibited to the press. Id at 4. He quotes an affidavit by Lindh’s attorney, James Brosnahan: a group of armed American soldiers ‘blindfolded Mr. Lindh, and took several pictures of Mr. Lindh and themselves with Mr. Lindh. In one, the soldiers scrawled “shithead” across Mr. Lindh’s forehead and posed with him...Another told Mr. Lindh that ‘he was going to hang’ for his actions and that after he was dead the soldiers would sell the photographs and give the money to a Christian organization.” Id at 37. Hersh claims that the photographing of prisoners both in Afghanistan and Iraq seems tohave been “part of the dehumanizing interrogation process.” Chain of Command at 38. He quotesGary Myers the attorney for one of the Abu Ghraib MPs, “do you really think a group of kidsfrom rural Virginia decided to do this on their own?” Hersh claims that “the notion that Arabs areparticularly vulnerable to sexual humiliation had become a talking point among pro-warWashington conservatives.” based on The Arab Mind, a 1973 book by Raphael Patai. “The Pataibook, an academic told me, was “the bible of the neocons on Arab behavior.” In theirdiscussions, he said, two themes emerged–“one, that Arabs only understood force, and two, thatthe biggest weakness of Arabs is shame and humiliation.” id. at 39. Hersh’s claim for the source of this interrogation approach is interesting, if speculative. Itadds weight to the need for any full investigation to determine the bases upon which it wasdesigned, if only because it indicates potential criminal liability for persons engaged indeveloping the process. The Legal Analysis of Interrogation Techniques Three principle defenses of the use of interrogation techniques outside FM 34-52 have been made public. They are the OLC Memorandum of 1 August, 2002 to Alberto Gonzales, the JAG Brief by LTC Beaver of 11 October, 2002, and the Working Group Report of 4 April, 2003 . They share what the author considers to be a similar analytical defect; each presumes that the Third Geneva Convention is inapplicable to all Guantanamo detainees. The Bybee Memorandum of 1 August, 2002 On 1 August, 2002, Assistant Attorney General Jay Bybee provided a Memorandum Memorandum For Alberto Gonzales Re; Standards of Conduct for Interrogation under18 USC §§ 2340-2340A, dated August 1, 2002.http://www.washingtonpost.com/wp-srv/nation/documents/dojinterrogationmemo20020801.pdf. to White House Counsel Alberto Gonzales. The Memo examines the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, and its implementation in 18 United States Code §§ 2340-2340A. It devotes considerable effort to distinguishing torture, which it agrees is usually Although it argues at length that Presidential powers as Commander-in-Chief authorizeconduct which would be otherwise illegal if necessary to defense of the United States. See, id atSection V, commencing on p. 31, “The President’s Commander-in-Chief Power.” banned, from “cruel, inhuman, or degrading treatment or punishment. See, e.g. id at pp. 21 et seq and 27 et seq. The distinction is made for the purposes ofdomestic law to analyze both the reservations placed by the United States on its ratification of theTorture Convention, supra, at fn. 8, and the intention of the enabling legislation, See, 18 U.S.C.Chapter 113C, Torture. It points out, for example, that “...both the European Court on Human Rights The Memo discusses Ireland v. the United Kingdom (1978) where the ECHRconsidered interrogation methods which included 1) wall standing where the prisoner leanedagainst a wall standing on his toes and with all his weight on his fingers, 2) continuous hoodingexcept during interrogation, 3) subjection to loud and continuous noise, 4) sleep deprivationpending interrogation and 5) deprivation of food and drink through a reduced diet during andpending interrogation. The Memo notes that the ECHR concluded “that the techniques produce‘intense physical and mental suffering’ and ‘acute psychiatric disturbances,’ [but] they were not[sic] sufficient intensity or cruelty to amount to torture.” Id at 29. and the Israeli Supreme Court The Memo also discusses Public Committee Against torture in Israel v. Israel, 38 ILM1471 (1999) in which the Israeli Supreme Court considered five interrogation methods whichincluded forceful shaking, stress positioning with an opaque hood and loud music, crouchingstress positions, excessively tight handcuffs, and sleep deprivation. It notes that “While the IsraeliSupreme Court concluded that these acts amounted to cruel and inhuman treatment, the court didnot expressly find that they amounted to torture.” id at 30. have recognized a wide array of acts that constitute cruel, inhuman, or degrading treatment or punishment, but do not amount to torture. Id. at 31. Of particular note here, is that the Memo almost entirely ignores the Third Geneva Convention. While there is some discussion of Common Article 3 of the 1949 Geneva Conventions (which deals with conflicts not of an international character), Id. at fn. 8, and a reference to a to date unpublished Memorandum for John C. Yoo,Deputy Assistant Attorney General, Office of Legal counsel, from James C. Ho, Attorney-Advisor, Office of Legal Counsel, Re: Possible Interpretations of Common Article 3 of the 1949Geneva Convention Relative to the Treatment of Prisoners of War (Feb. 1, 2002). the Memorandum concludes that “...the standards of conduct established by common article 3 do not apply to “an armed conflict between a nation-state and a transnational terrorist organization.” Id. That statement is certainly correct within its limitations. The questions presented bythe invasion of Afghanistan in pursuit of a terrorist organization, however, have other and morecomplex ramifications as discussed above. More importantly, for the concerns discussed in this article, the entire discussion the more general protections applied to POWs is found in a short footnote. That footnote states, in pertinent part: While Article 17 GC3, Article 17, states in part: No physical or mental torture, nor any other form of coercion, may be inflicted onprisoners of war to secure from them information of any kind whatever. Prisonersof war who refuse to answer may not be threatened, insulted, or exposed tounpleasant or disadvantageous treatment of any kind of [GC3] places restrictions on interrogation of enemy combatants, members of al Qaeda and the Taliban militia are not legally entitled to the status of prisoners of war as defined in the Convention...” Citing the Memorandum of 22 January, 2002 from Jay Bybee, Office of Legal Counselfor Alberto R. Gonzales, Counsel to the President and William J. Haynes II, General Counsel ofthe Department of Defense, Re: Application of Treaties and Laws to al Qaeda and TalibanDetainees . Id at fn 22, p. 39. The restrictions of Article 17, are, of course, much broader than torture alone. In effect, the Bybee Memo The Bybee Memo was, to some extent, repudiated by the administration as pure legalanalysis for hypothetical purposes when it was leaked to the public. See, makes the case that, whether they are torture, or merely “cruel, inhuman, or degrading treatment or punishment,” certainly the interrogation techniques of Categories II and III, See, Section VI (A) (1) (b) (i) supra, and see the more extensive legal analysis infra,Section VI(C)(1). constitute prohibited conduct when applied to POWs protected under the Article 17's prohibitions not just against physical and mental torture, but also against threats, insults, or “unpleasant or disadvantageous treatment of any kind.” In addition to the separate restrictions on solitary confinement as punishment in Article90. The Working Group Report The Working Group’s Report contains considerable analysis of the interplay of prisoner of war status with interrogation techniques Operating under the rubric that other states might take the position the Third GenevaConvention applied, Working Group Report, supra at fn. 34, at pp. 4 and 68, as well as forpurposes of determining potential legal problems. Id. . As noted above, however, it operates from the central premise that it is bound by the Presidential Directive mandating the inapplicability of GCIII. Despite those ground rules, however, the participants managed to openly articulate their concerns that violations of the Third Geneva Convention could be found in the extraordinary interrogation techniques used at Guantanamo. It is the author’s belief that those concerns were well-founded. If, as appears likely from the facts adduced above, persons protected by GCIII were questioned using Category II and III techniques, if they were subjected to intentional humiliation, denied their religious rights, placed in solitary confinement, or any number of the other techniques discussed above, See discussion below in Section C. the Working Group was indeed well advised to express its doubts. The Beaver Brief of 11 October, 2002 Another legal Memorandum of importance here is the a Legal Brief on Proposed Counter-Resistance Strategies LTC Diane Beaver, Legal Brief on Proposed Counter-Resistance Strategies , http://news.findlaw.com/hdocs/docs/dod/dunlavey101102mem.pdf. which accompanied the Request for Approval of Counter Resistance Strategies. JTF Staff Judge Advocate LTC Diane Beaver stated as a factual predicate to her analysis that “The detainees currently held at Guantanamo Bay Cuba...are not protected by the Geneva Conventions.” Id. at page 1 of Legal Brief. She noted that: While the procedures outlined in Army FM 34-52...are utilized, they are constrained by and conform to the GC and applicable international law and therefore are not binding. Since the detainees are not EPWs, the Geneva Conventions limitations that ordinarily would govern captured enemy personnel interrogations are not binding on US personnel conducting detainee interrogations at GTMO. Consequently, LTC Beaver looked to other international law including the Convention Against Torture , as well as to US domestic law, to determine the legality of the proposed interrogation techniques. She concluded in part that, “An international law analysis is not required for the current proposal because the Geneva Conventions do not apply to these detainees since they are not EPWs.” Id at 5. To the extent, of course, that any detainee was, in fact, entitled to protection under the Third Geneva Convention, her analysis is, of course, incomplete. Analysis of The Legal Justification of the Techniques To the extent the legal justification for application of extraordinary interrogation techniques ignores the requirements of Third Geneva Convention it is fatally flawed. Almost all the attorneys who dealt with this question, however, did exactly that. The Beaver Brief , the Working Group Report Supra fn. 34. , and the Schlesinger Committee Report Supra fn. 1. all were premised on the assumption that the Third Geneva Convention was inapplicable to detainees from Afghanistan; they all based that assumption on President Bush’s February, 2002 Order Supra fn. 43. . That Order, however, is legally flawed, and a battlefield detainee , at least from the Taliban, is, in fact, entitled to the presumption of POW status. See discussion, supra at Section V A. The author finds it, quite literally, incredible thatno consideration was given to the legal effects of failure to provide an AR 190-8(6) tribunal.Somewhere, he suspects a memo must exist. In every case where the Article 5 presumption entitles a detainee to POW rights until his status is determined by a competent tribunal, the use of interrogation tactics which violate those rights is itself a war crime For example, acts of intimidation under Article 13, threats, failure to respect theirperson under Article 14, insults or exposure to any unpleasant or disadvantageous treatment ofany kind under Article 17, failure to provide or allow retention of religious under Article 34, anddenial of basic standards of treatment under Article 126. . In some instances it may well constitute a grave breach. Article 130 includes as grave breaches wilful “torture or inhuman treatment ...[and]wilfully causing great suffering or serious injury to body or health.” To the extent a reviewingcourt found that extraordinary interrogation techniques either constituted torture or inhumantreatment, or that separately, they caused great suffering or serious injury to body or health, evenif they did not amount to torture or inhuman treatment per se, it would seem obligated to find agrave breach. The existence of defenses is a matter for separate analysis. See discussion below. Under The Third Geneva Convention This article deals solely with the status and rights of prisoners of war and is thusprincipally concerned with discussion of the Third Geneva Convention. Because of the muchwider mix of prisoners at Abu Ghraib, the AR 15-6 reports and the Schlesinger CommitteeReport also dealt with the Fourth (Civilians) Convention. They are, in many respects, similarregarding fundamental rights. Application of a Number of the Extraordinary Interrogation Techniques May Constitute War Crimes As the Article 15-6 reports discussed above set out in detail, the extraordinary interrogation techniques developed for use and applied against al Qaeda and the Taliban consist of general categories including physical and emotional abuse, environmental manipulation, and solitary confinement. Each of those categories included activities which violate the rights of POWs under the Third Geneva Convention. Physical and Emotional Abuse Clearly Violates GC3 The POW Convention makes it clear that individuals and military units may not set their own standards for treatment of captured enemy soldiers. GPW Article 12 provides that “Prisoners of war are in the hands of the enemy Power,but not of the individuals or military units who have captured them. Irrespective of the individualresponsibilities that may exist, the Detaining Power is responsible for the treatment given them.” “Any unlawful act or omission which causes death or seriously endangers the health of a POW is a grave breach, GPW Article 13 says, in part, that “Prisoners of war must at all times be humanelytreated. Any unlawful act or omission by the Detaining Power causing death or seriouslyendangering the health of a prisoner of war in its custody is prohibited, and will be regarded as aserious breach of the present Convention. ...Likewise, prisoners of war must at all times beprotected, particularly against acts of violence or intimidation and against insults and publiccuriosity.” and POWs are “entitled in all circumstances to respect for their persons and their honor.” GPW Article 14 requires that “Prisoners of war are entitled in all circumstances torespect for their persons and their honor. ..” Finally, prisoners of war may not be physically or mentally tortured, threatened, insulted or exposed to unpleasant treatment to obtain information. GPW Article 17, states in part that “Every prisoner of war, when questioned on thesubject, is bound to give only his surname, first names and rank, date of birth, and army,regimental, personal or serial number, or failing this, equivalent information.” and that ...Nophysical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war tosecure from them information of any kind whatever. Prisoners of war who refuse to answer maynot be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind.” The extraordinary interrogation conduct revealed at Guantanamo and in Afghanistan against detained individuals is facially illegal as applied against prisoners of war. Iraq requires no analysis to determine violations. The detainees are admittedly coveredand the Article 15-6 reports discuss the violations in detail. The only exception is their failure torecognize that confinement of POWs with criminal populations (the reports repeatedly refer tothe “mix” at Abu Ghraib) is a separate violation of GC 3. See, Article 22 “Except in particularcases which are justified by the interest of the prisoners themselves, they shall not be interned inpenitentiaries.” While beatings and sexual assaults at Abu Ghraib were roundly condemned by investigators, it has become clear that physical abuse was a part of detainee interrogations, at least in Afghanistan, and that it exceeded mere shoving, light slapping and finger pointing. A number of military personnel have been charged with severe physical abuse fromincidents in Afghanistan, supra at fn.s 200 and 201. In addition, prisoners released fromGuantanamo allege beatings supra at fn.s 197 and 198. The latter are currently largelyunsubstantiated. The principal conduct violative of GC3, however, appears to be mental abuse and humiliation. In its discussion of military intelligence interrogations of Iraqi police officers at AbuGhraib, the Fay Report notes that , “The [Iraqi Police] were kept in various stages of dress,including nakedness, for prolonged periods as they were interrogated. This constituteshumiliation which is detainee abuse.” Fay Report at 56 (emphasis added). Humiliating treatmentis specifically banned by the Fourth Geneva Convention at article 27. Art. 27. Protected persons are entitled, in all circumstances, to respect for theirpersons, their honour, their family rights, their religious convictions and practices,and their manners and customs. They shall at all times be humanely treated, andshall be protected especially against all acts of violence or threats thereof andagainst insults and public curiosity....Without prejudice to the provisions relatingto their state of health, age and sex, all protected persons shall be treated with thesame consideration by the Party to the conflict in whose power they are, withoutany adverse distinction based, in particular, on race, religion or political opinion. It includes, inter alia, forcing men into homosexual positions and simulated acts, into wearing women’s clothing, exposing them unclothed to women, and photographing those acts. Some of those acts, of course, were denounced by authorities as unauthorizedperversions. Nevertheless, there is a comon element among all which is inescapable...the attemptto degrade a prisoner’s resistance though manipulation of sexual taboos. That abuse appears designed to be particularly offensive to the cultural and sexual mores of conservative Moslem prisoners. Article 13 states, in part that “...prisoners of war must at all times be protected,particularly against acts of violence or intimidation and against insults and public curiosity” It is quite clear that for that reason, the extraordinary interrogation techniques include indecent exposure in various forms, forced shaving, and the refusal to allow prisoners access to religious clothing, paraphenalia and literature. During transit to Guantanamo, prisoners were shaved, stripped of their religious garb GPW Article 34: Prisoners of war shall enjoy complete latitude in the exercise of their religiousduties, including attendance at the service of their faith, on condition that theycomply with the disciplinary routine prescribed by the military authorities. Adequate premises shall be provided where religious services may be held. and forced to wear orange coveralls. Article 46 governs transport of prisoners of war to different facilities: The Detaining Power, when deciding upon the transfer of prisoners of war, shalltake into account the interests of the prisoners themselves, more especially so asnot to increase the difficulty of their repatriation. The transfer of prisoners of war shall always be effected humanely and inconditions not less favorable than those under which the forces of the DetainingPower are transferred. Account shall always be taken of the climatic conditions towhich the prisoners of war are accustomed and the conditions of transfer shall inno case be prejudicial to their health. The Detaining Power shall supply prisoners of war during transfer with sufficientfood and drinking water to keep them in good health, likewise with the necessaryclothing, shelter and medical attention. The Detaining Power shall take adequateprecautions especially in case of transport by sea or by air, to ensure their safetyduring transfer, and shall draw up a complete list of all transferred prisonersbefore their departure. POWs have an absolute right to retain personal items and a general right to customary clothing. All effects and articles of personal use, ...shall remain in the possession of prisoners ofwar, .... Effects and articles used for their clothing or feeding shall likewise remain in theirpossession, even if such effects and articles belong to their regulation military equipment....articles having above all a personal or sentimental value may not be taken from prisoners ofwar. Detainees in both Guantanamo/Afghanistan and Iraq were subjected to various forms of environmental manipulation which violated the Third Geneva Convention. Those include sleep deprivation, light deprivation, Article 87 states, in part, that “...imprisonment in premises without daylight [is]forbidden.” cell temperature adjustments, loud music and light adjustments. Article 25 provides that: Prisoners of war shall be quartered under conditions as favourable as those for theforces of the Detaining Power who are billeted in the same area. The saidconditions shall make allowance for the habits and customs of the prisoners andshall in no case be prejudicial to their health. 1. The foregoing provisions shall apply in particular to the dormitories ofprisoners of war as regards both total surface and minimum cubic space, and thegeneral installations, bedding and blankets. The premises provided for the use of prisoners of war individually or collectively,shall be entirely protected from dampness and adequately heated and lighted... A number of detainees were subjected to solitary confinement, not as punishment for rule infractions, but rather as a means of interrogation. That confinement is a direct violation of the Third Geneva Convention. Article 21 provides, in part, that “...prisoners of war may not be held in closeconfinement except where necessary to safeguard their health and then only during thecontinuation of the circumstances which make such confinement necessary.” In a complementaryfashion, Article 90 limits confinement for punishment to no more than thirty days with a furtherlimitation that when further disciplinary punishment is imposed, a period of at least three daysmust elapse between the execution of any two of the punishments, if the duration of one of theseis ten days or more. It was also, at least as reported by Generals Taguba and Fay, and as claimed by the ICRC, Supra, text accompanying fn.s 192-195. anecdotally by reports from ex-prisoners Supra, text accompanying fn.s 196-201. , often done in conjunction with environmental manipulation in the confinement facilities. In sum, to facilitate the breaking of a prisoner, he was, at least on occasion, left alone in a dark and dank or sweltering cell, for days or weeks at a time. The similarity to prior mistreatment of Americans held as POWs in three Asian wars, World War II in the Pacific See, Huddle, Japanese Treatment of American Prisoners of War and CivilianInternees, VI Foreign Relations of the United States p. 316 (1945). Lewis Carlson, Remembered Prisoners of a Forgotten War, St. Martin’s Press, NewYork (1945). Rochester and Kiley, supra at fn. 187. , mistreatment against which we violently protested See, e.g. Statement by William Sullivan, Treatment of American Prisoners of War inNorth Viet-Nam, Department of State Bulletin, December 22, 1969, pp. 596 et. seq. , is despicable. Finally, and in addition to those systematic breaches, required information about detainees was not provided Article 70 requires that “immediately upon capture, or not more than one week afterarrival at a camp, even if it is a transit camp, ...or transfer to hospital or another camp, everyprisoner of war shall be enabled to write direct to his family, on the one hand, and to the CentralPrisoners of War Agency provided for in Article 123, on the other hand...” Article 122 requiresthat “Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to theconflict shall institute an official Information Bureau for prisoners of war who are in its power.” ...Within the shortest possible period, each of the Parties to the conflict shall give its Bureau theinformation referred to in the fourth, fifth and sixth paragraphs of this Article regarding anyenemy person belonging to one of the categories referred to in Article 4, who has fallen into itspower..This information shall make it possible quickly to advise the next of kin concerned.Subject to the provisions of Article 17, the information shall include, in so far as available to theInformation Bureau, in respect of each prisoner of war, his surname, first names, rank, army,regimental, personal or serial number, place and full date of birth, indication of the Power onwhich he depends, first name of the father and maiden name of the mother, name and address ofthe person to be informed and the address to which correspondence for the prisoner may be sent. See, AR 190-8 Paragraph 1-7 articulating the information collection, storage and transmissionrequirements for the US National Prisoner of War Information Center. In addition to requiringthe NPWIC to collect and store Geneva Convention required information on EPWs and retainedpersons, it requires, inter alia, that the NPWIC “obtain and store information concerning [civilianinternees] and [other detainees] who are kept in the custody of U.S. Armed Forces... , they were denied access to representatives of the ICRC Article 126: “Representatives or delegates of the Protecting Powers shall havepermission to go to all places where prisoners of war may be, particularly to places of internment,imprisonment and labour, and shall have access to all premises occupied by prisoners of war;they shall also be allowed to go to the places of departure, passage and arrival of prisoners whoare being transferred. They shall be able to interview the prisoners, and in particular theprisoners' representatives, without witnesses, either personally or through an interpreter. Representatives and delegates of the Protecting Powers shall have full liberty to select the placesthey wish to visit. The duration and frequency of these visits shall not be restricted. Visits maynot be prohibited except for reasons of imperative military necessity, and then only as anexceptional and temporary measure. The delegates of the International Committee of the Red Cross shall enjoy the same prerogatives.The appointment of such delegates shall be submitted to the approval of the Power detaining theprisoners of war to be visited. , and in at least some instances in Iraq, hidden from ICRC inspections. The Fay Report notes, as an example of so called “ghost detainees: ...the CIA interned three Saudi national medical personnel working for thecoalition in Iraq. CIA officers placed them in Abu Ghraib under false names. TheSaudi General in charge of the men asked U.S. authorities to check the records forthem. A search of all databases using their true names came back negative. Ambassador Bremer then requested a search, which likewise produced noinformation. Ultimately...Colin Powell, requested a search, and as with the otherrequestors, had to be told the three men were not known to be in U.S. custody.Shortly after the seqarch for the Secretary of State, a JDIC official recalled thatCIA officers once brought three men together into the facility. A quick discussionwith the detainees disclosed their true names, which matched the name searchrequests, and the men were eventually released. Fay Report at 54. All of this conduct, to the extent that it was perpetrated upon prisoners of war, is a breach of the Third Geneva Convention; some constitutes grave breaches Article 130 of GC3 privides that: Grave breaches to which the preceding Article relates shall be those involving anyof the following acts, if committed against persons or property protected by theConvention: wilful killing, torture or inhuman treatment, including biologicalexperiments, wilfully causing great suffering or serious injury to body or health,compelling a prisoner of war to serve in the forces of the hostile Power, orwilfully depriving a prisoner of war of the rights of fair and regular trialprescribed in this Convention. punishable by all signatory powers. Article 129, provides in part: The High Contracting Parties undertake to enact any legislation necessary toprovide effective penal sanctions for persons committing, or ordering to becommitted, any of the grave breaches of the present Convention defined in thefollowing Article. Each High Contracting Party shall be under the obligation to search for personsalleged to have committed, or to have ordered to be committed, such gravebreaches, and shall bring such persons, regardless of their nationality, before itsown courts. It may also, if it prefers, and in accordance with the provisions of itsown legislation, hand such persons over for trial to another High ContractingParty concerned, provided such High Contracting Party has made out a primafacie case Much of it is punishable under federal criminal law, See, discussion of the War Crimes Act (18 U.S.C. §2241) and federal conspiracy law atSection VI (C) (2) (a) infra. the Uniform Code of Military Justice, Section VI (C) (2) (a) (i) infra. See, Yamashita, supra at fn. 84. and international law. See, Nuremburg Principles, at fn. 70. In addition to the factual argument that detainees are not prisoners of war, the Yoo and Bybee Memos raised arguments relating to American constitutional law and other conventions. See discussion at Section IV, supra, The Yoo/Delahunty Memo January 9, 2002. While those discussions are not applicable in this analysis of GC3 protections, certain potential defense may be raised, and should at least, be examined. Extraordinary Interrogation Techniques May Constitute Other Crimes While extensive discussion is beyond the scope of this article it is worth mentioning that in addition to the direct criminality of breaching the Third Geneva Convention other domestic and international criminal violations may be implicated. U.S. Domestic Law Violations of U.S. domestic law may arise from these facts both under military law doctrines, and under criminal law applicable to all American citizens. Within the ambit of military law the command responsibility doctrine and the Uniform Code of Military Justice would have application to uniformed service members involved in the development and application of any illegal interrogation or detention. The Working Group Report, supra fn. 34, presents this issue comprehensively Id. at pp.45 et. seq. It list as potential charges under the Uniform Code of Military Justice, inter alia,Cruelty, Oppression or Maltreatment, Article 93, Reckless Endangerment, Article 134, Assault,Article 128., Involuntary Manslaughter, Article 119, Unpremeditated Murder, Article 118,Disobedience of Order, Article 92, Dereliction of Duty, Article 92, and Maiming, Article 124. The “principle of ‘command responsibility’ that holds a superior responsible for the actions of subordinates appears to be well accepted in U.S. and international law in connection with acts committed in wartime.” Hilao v. Estate of Marcos, 103 F.3rd 767, 776 70 778 (9th Cir. 1996). That is because “...a commander clearly must be held responsible for those matters which he knows to be of serious import and with respect to which he assumes personal charge. Any other conclusion would render essentially meaningless and unenforceable the concepts of great command responsibility accompanying senior positions of authority.” Kostler v. United States, 31 Ct. Cl. 301 (1982). The essence of that point in both military and international law was articulated by a U.S. military tribunal in the High Command Case: Under basic principles of command authority and responsibility, an officer who merely stands by while his subordinates execute a criminal order of his superiors which he knows is criminal violates a moral obligation under international law. By doing nothing he cannot wash his hands of international responsibility.... * * * * * The authority, both administrative and military, of a commander and his criminal responsibility are related but by no means coextensive...There must be a personal dereliction that can occur only where the act is directly traceable to him or where his failure to properly supervise his subordinates constitutes criminal negligence on his part. In the latter case it must be personal negligence amounting to a wanton, immoral disregard of the actions of his subordinates amounting to acquiescence. United States v. William Leeb et al, Vol. XI, Trials of Major War Criminals, 462, 512. But see, Yamashita, supra at fn. 84, affirming command responsibility on aconsiderably lower standard. A number of other charges or crimes more directly analogous to civilian criminal law are also possibilities, See e.g. the possibilities cited in the Working Group Report, supra, fn. 34, at pp.7 etseq (Torture), and 17 et seq (Assault, Maiming, Murder, Manslaughter, Interstate Stalking andConspiracy). as well, of course, as standard criminal charges under Title 18 of the United States Code and federal common law. Possible Criminal Liability Under Civilian Law An agreement by officials, acting under color of law, to commit grave breaches of the Third Geneva Convention would seem to involve, at the least, violations of the War Crimes Act 18 U.S.C. §2441 discussed in the Yoo/Delahunty Memo of January 9, 2002 and the Alberto Gonzales Memo January 25, 2002. and federal conspiracy law. The Yoo/Delahumty and Gonzales Memos See, Section IV, supra, The Yoo/Delahunty Memo January 9, 2002. devote considerable time to raising the specter of prosecution under the War Crimes Act. Their refutation of its applicability rests solely on the argument that the Third Geneva Convention does not protect members of the Taliban or al Qaeda. If a grave breach does exist, then the language of the statute seems to create a prima facie case in the circumstances here discussed.. Thus, §2441 says, in part that (a) “Whoever [is a U.S. national §2441(b) and] ,...commits a [grave breach of the Third Geneva Convention, see §2441(c)(1)]...shall be fined...orimprisoned for life or any term of years, or both, and if death results to the victim, shall also besubject to the penalty of death.” In addition, there also seems to be a separate possibility of a conspiracy charge. Federal conspiracy law is premised on the concept that a conspiracy is a distinct evil, which because it provides a unique synergy to the crime unavailable from individuals acting alone, is separately punishable. Callanan v. United States, 364 U.S. 587, 594, 81 S.Ct. 321, 325, 5 L.Ed 2d 312 (1961).“[T]he essence of a conspiracy is an agreement to commit an unlawful act.” United States v.Jimenez Recio, 537 U.S. 270, 123 S.Ct. 819 (2003). Cited In Working Group Report, id. at 19. That enhanced criminality is especially true in the case of government officials, See, e.g. Salinas v. United States, 522 U.S. 52, 118 S. Ct. 469, 139 L.Ed. 2d 352(1997). and if that criminal enterprise constitutes an international delict in the name of a national government the policy reasons for the theory’s application seem even more enhanced. See, e.g. the Indictment in the “Doctors” Case: The United States of America, by the undersigned Telford Taylor, Chief ofCounsel for War Crimes, duly appointed to represent said Government in theprosecution of war criminals, charges that the defendants herein participated in acommon design or conspiracy to commit and did commit war crimes and crimesagainst humanity, as defined in Control Council Law No. 10, duly enacted by theAllied Control Council on 20 December 1945. Trials of War Criminals before the Nuremberg Military Tribunals under Control Council LawNo. 10. Nuremberg, October 1946 - April 1949. Washington D.C.: U.S. G.P.O, 1949-1953. In addition, once the conspiracy is joined, conduct arising from it, even if unforseen, may create liability for all the conspirators. See, 18 U.S.C. §371. Conspiracy to Commit Offense or Defraud United States. Thus, to the extent that the OLC and White House counsel erred in their analysis of the applicability of the Third Geneva Convention to prisoners captured on Afghan battlefields, and those errors led to grave breaches, they may have created a snare of immense proportions. The availability of an advice of counsel defense in a conspiracy action might defend ongood faith reliance. C.f. U.S. v. Beech-Nut Nutrition Corp., 871 F.2d 1181, 1195 (2nd Cir. 1989). “In order to convict a defendant of conspiracy or mail fraud, the government must prove that hehad the specific intent to commit the crime charged.” Here, good faith might be difficult to findwhere the JAGs, service counsel, and Department of State were in overt disagreement withYoo/Delahunty and Gonzales, and where it appears the military lawyers were “cut out of theloop” because their advice was unwelcome. Cite. It was the author’s experience as a civillitigator, that when “train wrecks” occurred because of counsel’s advice, quite often counsel hadbeen informed of the result sought before the advice was rendered. They may also have implications in international realms. Other International Law This article is not a survey, but it bears mentioning that in addition to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Supra at fn 8. to which the White House Memos devoted so much space Section IV, supra, The Yoo/Delahunty Memo January 9, 2002. The author tends toagree with the Government Memos’ argument that the United States reservation on constitutionaldefinitions of torture may limit applicability of the Torture Convention. It is questionable,however, whether the reservation limits action by other states signatory, or whether it stretchesanywhere nearly as widely as the Memos claim. The severe and permanent harm standard arguedfor by Judge Bybee sounds more like a defense counsels brief on appeal than a neutralmemorandum of law. there are also possible violations of international law punishable in a number of arenas. Those include the classic common plan conspiracy of the post World War II trials at Nuremburg and Tokyo, Jordan Paust, The Common Plan to Violate the Geneva Conventions, JURIST, http://jurist.law.pitt.edu/forum/paust2.php and the mandatory jurisdictional requirements of signatory states under the Third Geneva Convention itself. Article 129 provides, in part: Each High Contracting Party shall be under the obligation to search for personsalleged to have committed, or to have ordered to be committed, such gravebreaches, and shall bring such persons, regardless of their nationality, before itsown courts. It may also, if it prefers, and in accordance with the provisions of itsown legislation, hand such persons over for trial to another High ContractingParty concerned, provided such High Contracting Party has made out a primafacie case. An additional interesting question is the possibility of International Criminal Court jurisdiction, a consummation devoutly opposed by two presidential generations. See, e.g., Senate Hearing 105-724, Is A U.N. International Criminal Court in the U.S.National Interest?, July 23, 1998. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=105_senate_hearings&docid=f:50976.pdf. To the extent that a state is unable or unwilling to prosecute its own war criminals ICC jurisdiction may attach where an appropriate complaint is filed by a signatory state. Article 8 of the Statute of the I.C.C. provides, in part, that “1. The Court shall havejurisdiction in respect of war crimes in particular when committed as part of a plan or policy oras part of a large-scale commission of such crimes,” and 2. “For the purpose of this Statute, "warcrimes" means [inter alia] (a) Grave breaches of the Geneva Conventions of 12 August 1949.Article 13, provides, in part: “The Court may exercise its jurisdiction with respect to a crimereferred to in article 5 in accordance with the provisions of this Statute if: (a) A situation inwhich one or more of such crimes appears to have been committed is referred to the Prosecutorby a State Party...” and Article 17, that “...the Court shall determine that a case is inadmissiblewhere: (a) The case is being investigated or prosecuted by a State which has jurisdiction over it,unless the State is unwilling or unable genuinely to carry out the investigation or prosecution...”See, Anthony Dworkin, International Criminal Court to be Launched in July, Crimes of War,http://www.crimesofwar.org/onnews/news-icc.html. If the OTC interpretation of Presidential powers is correct, and binding upon the courts of the United States, it may have the unintended consequence of creating international jurisdiction separate from that required by the Third Geneva Convention. The situation is somewhat analogous to that which would exist if a President exercisedconstitutional pardon authority to block the ability of U.S. courts to prosecute a governmentofficial under the War Crimes Act. The binding nature of the pardon authority on the U.S. Courtsis indisputable; the consequences might create ICC jurisdiction. See, Schick v. Reed, 419 U.S.256, 95 S. Ct. 379, 42 L.Ed. 2d 430 (1974), and Todd Peterson, The Congressional Power OverPardon & Amnesty: Legislative Authority in the Shadow of Presidential Prerogative, 38 WakeForest L. Rev. 1225 (Winter, 2003). None of this is to say that defenses or mitigating facts may not exist. At least some of the circumstances here were unique and the United States was clearly the victim of an unlawful attack by international criminals harbored, inter alia, in the Afghan hills. It is difficult to imagine though, their applicability in circumstances as widely, cavalierly, and improperly applied as the extraordinary interrogation techniques used on persons covered by the Geneva Conventions. Possible Defenses or Circumstances in Mitigation In the circumstances involving application of extraordinary interrogation techniques to the Taliban and al Qaeda, additional legal defenses or alleged mitigating factors may involve a necessity defense, a claim of superior orders, and some sort of ratification argument. All would, of course, be intensely fact driven, and each would require assertion on a case by case basis. The Yoo/Delahunty and Bybee memoranda discussed the necessity defense at length. It is available under the law of war in certain limited circumstances, See, e.g., the law governing siege (at least where Protocol I is inapplicable) whichcleraly allowed conduct, otherwise illegal, under a necessity rubric. William J. Fenrick FinalReport of the United Nations Commission of Experts Established Pursuant to Security CouncilResolution 780 (1992), S/1994/674/Add.2 (Vol. I) 28 December 1994, Part VIII, Siege Warfare,“Subject to article 17 of the Geneva Civilians Convention, which encourages the conclusion oflocal agreements for removal of some persons from besieged areas, and article 23 of the CiviliansConvention, which provides for the free passage of medical and religious supplies for all personsand of essential food for children under fifteen, expectant mothers, and maternity cases, thecommander of the investing force has the right to forbid all communications and access betweenthe besieged place and the outside. ...Simply put, under the law as it existed prior to Protocol I,the investing force was, generally speaking, entitled to starve, freeze, or dehydrate the inhabitantsof a besieged area into submission.” and is probably not best approached on the analytical basis in which necessity is considered in the standard problematical approach to law of war issues. That is to say, as one of the guiding principles identified by the commentators. See, e.g.Lauterpacht, British Manual of Military Law, Part III, Law of War on Land, §3, p.2 . Rather, given the mandatory nature of the Third Geneva Convention, and the open invitation for abuses, it would seem any exception should be strictly limited, if permitted at all. The claim of superior orders Charles Garraway,Superior Orders and the International Criminal Court: JusticeDelivered or Justice Denied, 836 International Review of the Red Cross, 785 (1998), http://www.icrc.org/Web/Eng/siteeng0.nsf/iwpList175/4F89CC080CE0E792C1256B66005DD767. was rejected as an absolute defense at Nuremburg See, Nuremburg Principles, supra at fn. 70. but may still have validity either as a defense in limited circumstances Rule 916 of the Manual for Courts Martial states that "[i]t is a defense to any offensethat the accused was acting pursuant to orders unless the accused knew the orders to be unlawfulor a person of ordinary sense and understanding would have known the orders to be unlawful." , or in mitigation. Article 8 of the Charter of the International Military Tribunal states that: “The fact that the Defendant acted pursuant to order of his Government or of asuperior shall not free him from responsibility, but may be considered in mitigationof punishment if the Tribunal determines that justice so requires. Finally, the Yoo/Delahunty Memorandum appears to contain some sort of theory of ratification. See discussion at Section IV, supra, The Yoo/Delahunty Memo January 9, 2002. That is, the authors seems to believe that by issuing an order under what they claim is his implied constitutional powers, President Bush has made the military actions of his subordinates, necessary to carry out those powers, inherently legal. These possible defense arguments notwithstanding, it appears to the author that certain conclusions may be drawn from the facts and law developed above. The Symbiotic Relationship of Tribunals, Applicability of the Geneva Convention and Improper Interrogation Techniques To date, it appears beyond doubt that the United States has applied interrogation techniques illegal under the Third Geneva Convention to some captured persons who have at least a reasonable argument that they are within its protection. These facts, and the law discussed above, show a pattern of development with certain threads running through them. First, well before any publicly revealed analytical memoranda established an argument that the Taliban were unlawful combatants, President Bush had signed an Order establishing military tribunals which applied an evidence rule which permitted the use of information obtained through means which would subject it to exclusion in a court martial or U.S. district court. The White House, the Department of Justice and civilian authority in the Department of Defense appear to have fiercely rejected any attempts by uniformed lawyers to delete that rule. Second, a small group of OLC lawyers seems to have developed both the legal justifications for non-application of the Third Geneva Convention to the Taliban, and the legal analysis which permitted the use of interrogation techniques against Guantanamo detainees in violation of the Convention. Third, some of the techniques developed for use against Taliban detainees, and applied to them at Guantanamo, were indeed in violation of the rights of a POW under GC3. Fourth, a number of the extraordinary interrogation techniques developed, approved and applied were specifically designed to exploit cultural and religious susceptibilities of conservative Afghan Moslems. The use of nudity, dogs, shaving of beards, and denial of religious paraphernalia were all intended to intimidate and humiliate Moslems detainees. Hersh posits that: Such dehumanization is unacceptable in any culture, but it is especially so in theArab world. Homosexual acts are against Islamic law, and it is humiliating formen to be naked in front of other men. Bernard Haykel, a professor of MiddlEastern studies at New York University explained, “Being put on top of eachother and forced to masturbate, being naked in front of each other–it’s all a formof torture,” Haykel said. Chain of Command at 24. Fifth, at least some cross-fertilization between Guantanamo and Iraq occurred when Major General Geoffrey Miller advised in August and September 2003, when MG Miller led a team to assess Iraqi Theater ability to rapidly exploit internees for actionable intelligence using Guantanamo procedures and interrogation authorities as baselines, and when Guantanamo interrogation procedures were promulgated by LTG Ricardo Sanchez. Additional military cultural degradation was caused by confusion among military police and military intelligence personnel with Guantanamo and/or Afghan connections, regarding the applicability and rules of the Geneva Conventions in Iraq. Sixth, in the context of persons protected by the Third Geneva Convention the use of dogs and nudity at Abu Ghraib were an extension of the already illegal techniques developed for Guantanamo to soften Moslem detainees for interrogation. The use of sexual assault including indecent exposure and forced cross-dressing, was not necessarily such an extension, but it was reasonably foreseeable where prison guards were tasked to intimidate and humiliate detainees based upon their cultural and sexual taboos. Seventh, under the circumstances the doctrine of command responsibility and the law of conspiracy must both be examined for their applicability. To the extent that a commander knew or should have known that his or her subordinates were engaged in unlawful conduct, or failed to adequately investigate and remedy abuses, command responsibility may create liability. In the civilian context, where government officials, operating under color of law, have entered into an agreement to violate a federal law In this case the War Crimes Act. all persons who joined in that agreement are liable for all reasonably foreseeable violations of law which were done in its furtherance. Thus, for example, a civilian order to apply extraordinary interrogation techniques atGuantanamo, if applied to a person who was, in fact, protected by the Third Geneva Convention,might result in a grave breach. A similar analysis could apply to use of a military commission totry a POW. If, as would be necessary, that decision was carried out by an official’s subordinates,the predicate acts for a conspiracy charge could be present under applicable precedent. Thus, even if a superior authority had ordered only some violations, the commission of others by his subordinates might still create liability. There should also, at some point, be a defense available. Where the command authorityeventually issued orders rescinding prior interrogation techniques, and instituting safeguards, thedecision to continue to apply those techniques and ignore the safeguards might be reasonablyunforeseeable. That would, of course, be a determination for a trier of fact. Finally, with the benefit of hindsight it is possible to discern a logical nexus among these factors. The continued refusal to apply an exclusionary rule, even in the review panels created by Assistant Secretary Wolfowitz, which demonstrates a continuing desire to obtain information with the advance knowledge that it might be considered illegally extracted by a court acting under the rule of law, combined with the continuous and connected application of interrogation techniques in violation of the Third Geneva Convention, appears to be more than coincidence. This article has dealt with a relatively narrow issue, but it has extraordinary implications for the future of the rule of law, both in the United States and internationally. On the one hand it concerns only the application of the sweeping protection, arising out of the global panoramas of the Second World War, to benighted tribal warriors who might, if they were aware of its existence, cheerfully deny its benefits to captured enemies. On the other, it threatens the hard won protection, such as it is, which remains the slim reed at which the captured soldier, airman or marine may grasp in his or her time of deepest despair. More importantly, it deals with the commitment by states to interpret their solemn obligations in good faith, when military advantage, and perhaps the general welfare of the home front dictate otherwise. How convenient it would have been for the British to have tortured captured Luftwaffe air crew to determine the next target. How tempting for the United States to have threatened the Afrika Korps tanker to discern enemy plans. By and large, though, in times of the gravest national peril, the West stood fast against such misconduct. Surely reciprocity counted. For much of the war, the Germans held our own as prisoners in at least equal numbers. But it was not reciprocity alone. National ideals, global public opinion, military culture and what are now termed “obsolete” concepts of chivalry all mattered. The requirement of Article 5 that POW status be determined in cases of doubt “ by acompetent tribunal” rather than by, inter alia, executive fiat, is surely reflective of the drafters’belief that reciprocity and chivalry, as well as a certain empathy, would be present in the mindsof military officers examining facts to determine the fate of a captured warrior. Certainly, theexperience of Allied POWs in Nazi Germany sometimes bore that out. See, e.g. HenryChancellor, Colditz The Definitive History, Perennial, New York (2003) at pp. 126-127. (“Allthe prisoners who encountered the military court were impressed by the fairness of the seniorGerman officers who sat on it.”). In its dry language the Fay Report is damning: [The Department of Defenses’] development of multiple policies on interrogation operations for use in different theaters of operations confused Army and civilian Interrogators at Abu Ghraib....National policy and DoD directives were not completely consistent with Army doctrine concerning detainee treatment or interrogation tactics, resulting in CJTF-7 [ interrogation and counter-resistance policies and practices] that lacked basis in Army interrogation doctrine. As a result, interrogators at Abu Ghraib, employed non-doctrinal approaches that conflicted with other DoD and Army regulatory, doctrinal and procedural guidance. Fay report at 112-113 (emphasis added). Those who sow the wind should not be surprised at what they reap. The Third Geneva Convention was written in the light of the still glowing embers of Nazi death camps. Millions of POWs had perished there because of race, religion and ethnicity. Cite Not to mention the abysmal treatment of the Japanese of all their prisoners,whatever their race or creed. They had been subjected to that regime despite the strictures of the 1929 Geneva Convention, not merely because of Germany’s disregard for the law, but also because of her perversion of its provisions. At war’s end the world resolved to do better. The Third 1949 Geneva Convention was the child of that resolution. Its presumptions and protections are not mere words, they are not charming relicts of a bygone era, and they are not obsolete. We disregard their strictures not merely at our peril, both legal and moral, but more importantly at the peril of our military personnel, in service and yet unborn As the Executive Summary of the AR 15-6 Investigations of the Abu Ghraib Prison and205th Military Intelligence Brigades cogently notes, “Soldiers/Sailors/Airmen/Marines shouldnever be put in a position that potentially puts them at risk for non-compliance with the GenevaConvention or Laws of Land Warfare.” [cite] Who sets such precedents bears a heavy responsibility to remember what happens when we do battle with monsters. After the Abu Ghraib story broke President Bush addressed the key issues in this article: America stands against and will not tolerate torture. We will investigate and prosecute all acts of torture and undertake to prevent other cruel and unusual punishment in all territory under our jurisdiction. American personnel are required to comply with all U.S. laws, including the United States Constitution, Federal statutes, including statutes prohibiting torture, and our treaty obligations with respect to the treatment of all detainees. The United States also remains steadfastly committed to upholding the Geneva Conventions, which have been the bedrock of protection in armed conflict for more than 50 years. These Conventions provide important protections designed to reduce human suffering in armed conflict. We expect other nations to treat our service members and civilians in accordance with the Geneva Conventions. Our Armed Forces are committed to complying with them and to holding accountable those in our military who do not. White House Statement on United Nations International Day in Support of Victims ofTorture, 26 June, 2004, http://usinfo.state.gov/is/Archive/2004/Jun/28-403335.html. That commitment by the Armed Forces of the United States to holding accountable violators of the Geneva Conventions is consistent with our history and values. Does it extend beyond the military to hold responsible all who conceived, ordered and abetted such violations; no matter how high their office? The abyss is gazing back at us. As we began this article, with a quotation about doing battle with monsters,, so let usend it. Winston Churchill, speaking as First Lord of the Admiralty in a radio broadcast onJanuary 20, 1940: Very few wars have been won by mere numbers alone. Quality, willpower,geographical advantages, natural and financial resources, the command of the sea,and above all a cause which rouses the spontaneous surgings of the human spiritin millions of hearts–these have proved to be the decisive factors in the humanstory. If it was otherwise how would the race of men have risen above the apes;how otherwise would they have conquered and extinguished the dragons andmonsters of the prime; how would they have evolved the moral theme; how wouldthey have marched forward across the centuries to broad conceptions ofcompassion, of freedom, and of right? Roy Jenkins, Churchill, McMillan, London (2001) p.568, citing The Churchill War Papers, Vol.I p.652. Interrogation Techniques Permitted In FM 34-52 (Appendix H) 1. Direct Approach 2. Incentive Approach 3. Emotional Love 4. Emotional Hate 5. Fear Up Harsh 6. Fear Up Mild 7. Decreased Fear Down 8. Pride and Ego Up 9. Pride and Ego Down 10. Futility Technique 11. We Know All 12. Establish Your Identity 14. File and Dossier 15. Mutt and Jeff 16. Rapid Fire For a complete description of these techniques see FM 34-52, Appendix H, at http://www.globalsecurity.org/intell/library/policy/army/fm/fm34-52/app-h.htm. Interrogation Techniques Requested BY Joint Task Force 170 11 October, 2002 Category I Techniques 1) Yelling at the detainee (Not directly in his ear or at the level it would cause physical pain or hearing problems) 2) Techniques of deception: a) Multiple-interrogator techniques b) Interrogator-identity. The interviewer may identify himself as a citizen of a foreign nation or as an Interrogator from a country with a reputation for harsh treatment of detainees. Category II Techniques 1) The use of stress positions (like standing) for a maximum of four hours. 2) The use of falsified documents or reports. 3) Use of the isolation facility for up to 30 days. Request must be made to [sic] through the OIC, Isolation Section, to the Director, Joint Interrogation Group (JIG). Extensions beyond the initial 30 days must be approved by the Commanding General. For selected detainees Author’s note: This statement seems to imply that isolation may be used for more thana limited category of selected detainees. , the OIC, Interrogation Section, will approve all contacts with the detainee, to include medical visits of a non-emergent [sic] nature. 4) Interrogating the detainee in an environment other than the standard interrogation booth. 5) Deprivation of light and auditory stimuli. 6) The detainee may have a hood placed over his head during transportation and questioning. The hood should not restrict breathing in any way and the detainee should be under direct observation when hooded. 7) The use of 20 hour interrogations. 8) Removal of all comfort items (including religious items). 9) Switching the detainee from hot rations to MREs. 10) Removal of clothing. 11) Forced grooming (shaving of facial hair etc.). 12) Using detainees individual phobias (such as fear of dogs) to induce stress. Category III Techniques Techniques in this category may be used only by submitting a request through the Director, JIG, for approval by the Commanding General with appropriate legal review and information to Commander, USSOUTHCOM. These techniques are required for a very small percentage of the most uncooperative detainees (less than 3%). Author’s note: This statement seems to imply that Category I and II techniques arerequired for more than 3 per cent of detainees. The following techniques, and other aversive techniques, such as those used in U.S. military interrogation resistance training or by other U.S. government agencies, may be utilized in a carefully coordinated manner to help interrogate exceptionally resistant detainees. Any of these techniques that require more than light grabbing, poking or pushing, will be administered only by individuals specifically trained in their safe application. 1) The use of scenarios designed to convince the detainee that death or severely painful consequences are imminent for him and/or his family. 2) Exposure to cold weather or water (with appropriate medical monitoring). 3) Use of a wet towel and dripping water to induce the misperception of suffocation. 4) Use of mild non-injurious physical contact such as grabbing, poking in the chest with the finger, and light pushing. Interrogation Techniques Approved by the Secretary of Defense The Interrogation Techniques Requested by Joint Task Force 170 on 11 October, 2002 were forwarded by General James T. Hill, Commanding General of the Southern Command to General Richard Myers, Chairman of the Joint Chiefs of Staff with a recommendation that he believed Categories I and II were “legal and humane.” He noted, however, that: I am uncertain whether all the techniques in the third category are legal under U.S. law, given the absence of judicial interpretation of the US torture statute. I am particularly troubled by the use of implied or expressed threats of death of the detainee or his family. However, I desire to have as many option as possible at my disposal and therefore request that Department of defense and department of Justice lawyers review the third category of techniques. On 2 December, 2002, Secretary Rumsfeld approved Secretary Rumsfeld added a note that “I stand for 8-10 hours a day. Why is standinglimited to 4 hours?” an Action Memo from William J. Haynes II, General Counsel of the DOD. His approval permitted the use of counter-resistance techniques at Guantanamo limited to categories I and II and the fourth technique in Category III. Mr. Haines noted that he had discussed the issue with his Deputy Douglas Feiith andGeneral Myers and that they “...believe that, as a matter of policy, a blanket approval of categoryIII techniques is not warranted at this time. Our Armed Forces are trained to a standard ofinterrogation that reflects a tradition of restraint.” Id. Accordingly, the interrogation techniques approved and implemented for Guantanamo on 2 December, 2002, were as follows: Category I Techniques 1) Yelling at the detainee (Not directly in his ear or at the level it would cause physical pain or hearing problems) 2) Techniques of deception: a) Multiple-interrogator techniques b) Interrogator-identity. The interviewer may identify himself as a citizen of a foreign nation or as an Interrogator from a country with a reputation for harsh treatment of detainees. Category II Techniques 1) The use of stress positions (like standing) for a maximum of four hours. 2) The use of falsified documents or reports. 3) Use of the isolation facility for up to 30 days. Request must be made to [sic] through the OIC, Isolation Section, to the Director, Joint Interrogation Group (JIG). Extensions beyond the initial 30 days must be approved by the Commanding General. For selected detainees Author’s note: This statement seems to imply that isolation may be used for more thana limited category of selected detainees. , the OIC, Interrogation Section, will approve all contacts with the detainee, to include medical visits of a non-emergent [sic] nature. 4) Interrogating the detainee in an environment other than the standard interrogation booth. 5) Deprivation of light and auditory stimuli. 6) The detainee may have a hood placed over his head during transportation and questioning. The hood should not restrict breathing in any way and the detainee should be under direct observation when hooded. 7) The use of 20 hour interrogations. 8) Removal of all comfort items (including religious items). 9) Switching the detainee from hot rations to MREs. 10) Removal of clothing. 11) Forced grooming (shaving of facial hair etc.). 12) Using detainees individual phobias (such as fear of dogs) to induce stress. Category III Techniques 1) Use of mild non-injurious physical contact such as grabbing, poking in the chest with the finger, and light pushing. Interrogation Techniques Recommended By the DOD Working Group Report, 4 April, 2003 Working Group Report at pp. 63 et seq. 1. Direct: Asking straightforward questions. 2. Incentive/Removal of Incentive: Providing a reward or removing a privilege, above and beyond those required by the Geneva Convention, from detainees. (Privileges above and beyond POW-required privileges). 3. Emotional Love: Playing on the love a detainee has for an individual or group. 4. Emotional Hate: Playing on the hate a detainee has for an individual or group. 5. Fear Up Harsh: Significantly increasing the fear level in a detainee. 6. Fear Up Mild: Moderately increasing the fear level in a detainee. 7. Reduced Fear: Reducing the fear level in a detainee. 8. Pride and Ego Up: Boosting the ego of a detainee. 9. Pride and Ego Down: Attacking and insulting the ego of a detainee, not beyond the limits that would apply to a POW. 10. Futility: Invoking the feeling of futility of a detainee. 11. We Know All: Convincing the detainee that the interrogator knows the answer to questions he asks the detainee. 12. Establish Your Identity: Convincing the detainee that the interrogator has mistaken the detainee for someone else. 13. Repetition Approach: Continuously repeating the same question to the detainee within interrogation periods of normal duration. 14. File and Dossier: Convincing the detainee that the interrogator has a damning and inaccurate file, which must be fixed. 15. Mutt and Jeff: A team consisting of a friendly and a harsh interrogator. The harsh interrogator might employ the Pride and Ego Down technique. 16. Rapid Fire: Questioning in rapid succession without allowing detainee to answer. 17. Silence: Staring at the detainee to encourage discomfort. 18. Change of Scenery Up: Removing the detainee from the standard interrogation setting (generally to a location more pleasant, but no worse). 19: Change of Scenery Down: Removing the Detainee from the standard interrogation setting and placing him in a setting that may be less comfortable; would not constitute a substantial change in environmental quality. 20: Hooding: This techniques is questioning the detainee with a blindfold in place. For interrogation purposes, the blindfold is not on other than during interrogation. 21: Mild Physical Contact: Lightly touching a detainee or lightly poking the detainee in a completely non-injurious manner. This also includes softly grabbing of shoulders to get the detainee’s attention or to comfort the detainee. 22: Dietary Manipulation: Changing the diet of a detainee; no intended deprivation of food or water; no adverse medical or cultural effect and without intent to deprive subject of food or water, e.g., hot rations to MREs. 23: Environmental Manipulation: Altering the environment to create moderate discomfort (e.g. adjusting temperature or introducing an unpleasant smell). Conditions would not be such that they would injure the detainee. Detainee would be accompanied by interrogator at all times. 24: Sleep Adjustment: Adjusting the sleeping times of the detainee (e.g. reversing sleep cycles from night today.) This technique is NOT sleep deprivation. 25:False Flag: Convincing the detainee that individuals from a country other than the United states are interrogating him. 26: Threat of Transfer: Threatening to transfer the subject to a 3rd country that subject is likely to fear would subject him to torture or death. (The threat would not be acted upon nor would the threat include any information beyond the naming of the receiving country). The following list includes additional techniques that are considered effective by interrogators, some of which have been requested by USCENTCOM and USSOUTHCOM. They are more aggressive counter-resistance techniques that may be appropriate for detainees who are extremely resistant to the above techniques, and who the interrogators strongly believe have vital information. All of the following techniques indicate the need for technique-specialized training and written procedures to insure the safety of all persons, along with appropriate, specified levels of approval and notification for each technique. 27: Isolation: Isolating the detainee from other detainees while still complying with basic standards of treatment. 28: Use of Prolonged Interrogations: The continued use of a series of approaches that extend over a long period of time (e.g., 20 hours per day per interrogation). 29: Forced Grooming: Forcing a detainee to shave hair or beard. (Force applied with intention to avoid injury. Would not use force that would cause serious injury.) 30: Prolonged Standing: Lengthy standing in a “normal” position (non-stress). This has been successful, but should never make the detainee exhausted to the point of weakness or collapse. Not enforced by physical restraints. Not to exceed four hours on a 24-hour period. 31: Sleep deprivation: Keeping the detainee awake for an extended period of time. (Allowing individual to rest briefly and then awakening hi, repeatedly.) Not to exceed 4 days in succession. 32: Physical Training: Requiring detainees to exercise (perform ordinary physical exercises actions) (e.g. running, jumping jacks); not to exceed 15 minutes in a two-hour period; not more than two cycles, per 24-hour periods), Assists in generating compliance and fatiguing the detainees. No enforced complaince. 33: Face slap/Stomach slap: A quick glancing slap to the fleshy part of the cheek or stomach. These techniques are used strictly as shock measures and do not cause pain or injury. They are only effective if used once or twice together. After the second time on a detainee, it will lose the shock effect. Limited to two slaps per application; no more than two applications per interrogation. 34: Removal of Clothing: Potential removal of all clothing; removal to be done by military police if not agree to by the subject. Creating a feeling of helplessness and dependence. This technique must be monitored to ensure the environmental conditions are such that this technique does not injure the detainee. 35: Increasing Anxiety by Use of Aversions: Introducing factors that of themselves create anxiety but do not create terror or mental trauma (e.g., simple presence of dog without directly threatening action). This technique requires the commander to develop specific and detailed safeguards to insure the detainee’s safety. Interrogation Techniques Approved By Secretary Rumsfeld 16 April, 2003 A. Direct: Asking straightforward questions. B. Incentive/Removal of Incentive: Providing a reward or removing a privilege, above and beyond those required by the Geneva Convention, from detainees. (Privileges above and beyond POW-required privileges). Caution: Other nations that believe that detainees are entitled to POW protections Author’s Note: As does the International Committee of the Red Cross.http://www.commondreams.org/headlines02/0208-04.htm. may consider that provision and retention of religious items (e.g. the Koran) are protected under international law (See, Geneva III, Article 34). Although the provisions of the Geneva Convention are not applicable to the interrogation of unlawful combatants, consideration should be given to these views prior to application of this technique. C. Emotional Love: Playing on the love a detainee has for an individual or group. D. Emotional Hate: Playing on the hate a detainee has for an individual or group. E. Fear Up Harsh: Significantly increasing the fear level in a detainee. F. Fear Up Mild: Moderately increasing the fear level in a detainee. G. Reduced Fear: Reducing the fear level in a detainee. H. Pride and Ego Up: Boosting the ego of a detainee. I. Pride and Ego Down: Attacking and insulting the ego of a detainee, not beyond the limits that would apply to a POW. [Caution: Article 17 of Geneva III provides, “Prisoners of war who refuse to answer may not be threatened, insulted or exposed to any unpleasant or disadvantageous treatment of any kind.” Other nations that believe that detainees are entitled to POW protections may consider this technique inconsistent with the provisions of Geneva. Although the provisions of Geneva are not applicable to the interrogation of unlawful combatants, consideration should be given to these views prior to application of this technique. J. Futility: Invoking the feeling of futility of a detainee. K. We Know All: Convincing the detainee that the interrogator knows the answer to questions he asks the detainee. L. Establish Your Identity: Convincing the detainee that the interrogator has mistaken the detainee for someone else. M. Repetition Approach: Continuously repeating the same question to the detainee within interrogation periods of normal duration. N. File and Dossier: Convincing the detainee that the interrogator has a damning and inaccurate file, which must be fixed. O. Mutt and Jeff: A team consisting of a friendly and a harsh interrogator. The harsh interrogator might employ the Pride and Ego Down technique. [Caution: Other nations that believe that POW protections apply to may consider this technique as inconsistent with Geneva III, Article 13 which provides that POWs must be protected against acts of intimidation. Although the provisions of Geneva are not applicable to the interrogation of unlawful combatants, consideration should be given to these views prior to application of this technique.] P. Rapid Fire: Questioning in rapid succession without allowing detainee to answer. Q. Silence: Staring at the detainee to encourage discomfort. R. Change of Scenery Up: Removing the detainee from the standard interrogation setting (generally to a location more pleasant, but no worse). S: Change of Scenery Down: Removing the Detainee from the standard interrogation setting and placing him in a setting that may be less comfortable; would not constitute a substantial change in environmental quality. T: Dietary Manipulation: Changing the diet of a detainee; no intended deprivation of food or water; no adverse medical or cultural effect and without intent to deprive subject of food or water, e.g., hot rations to MREs. U: Environmental Manipulation: Altering the environment to create moderate discomfort (e.g. adjusting temperature or introducing an unpleasant smell). Conditions would not be such that they would injure the detainee. Detainee would be accompanied by interrogator at all times. [Caution: Based on court cases in other countries, some nations may view application of this technique in certain circumstances to be inhumane. Consideration of these views should be given prior to use of this technique. V: Sleep Adjustment: Adjusting the sleeping times of the detainee (e.g. reversing sleep cycles from night today.) This technique is NOT sleep deprivation. W: False Flag: Convincing the detainee that individuals from a country other than the United states are interrogating him. The following list includes additional techniques that are considered effective by interrogators, some of which have been requested by USCENTCOM and USSOUTHCOM. They are more aggressive counter-resistance techniques that may be appropriate for detainees who are extremely resistant to the above techniques, and who the interrogators strongly believe have vital information. All of the following techniques indicate the need for technique-specialized training and written procedures to insure the safety of all persons, along with appropriate, specified levels of approval and notification for each technique. X: Isolation: Isolating the detainee from other detainees while still complying with basic standards of treatment. [Caution: The use of isolation as an interrogation technique requires detailed implementation instructions, including specific guidelines regarding the length of isolation, medical and psychological review, and approval for extensions of the length of isolation by the appropriate level in the chain of command. This technique is not known to have been generally used for interrogation purposes for longer than 30 days. Those nations that believe detainees are subject to POW protections may view use of this technique as inconsistent with the requirements of Geneva III, Article 13 which provides that POWs must be protected against acts of intimidation; Article 14 which provides that POWs are entitled to respect for their person; Article 34 which prohibits coercion and article 126 which ensures access to basic standards of treatment. Although the provisions of Geneva are not applicable to the interrogation of unlawful combatants, consideration should be given to these views prior to application of this technique.] The Rumsfeld Memorandum also included a section entitled “General Safeguards.” It provided that: Application of these interrogation techniques is subject to the following general safeguards: (i) limited to use only at strategic interrogation facilities; (ii) there is a good basis to believe that the detainee possesses critical intelligence; (iii) the detainee is medically and operationally evaluated as suitable (considering all techniques to be used in combination); (iv) interrogators are specifically trained for the techniques; (v) a specific interrogation plan (including reasonable safeguards, limits on duration, intervals between applications, termination criteria and the presence or availability of qualified medical personnel) has been developed; (vi) there is appropriate supervision; and (vii) there is appropriate specified senior approval for use with any specific detainee (after conducting the foregoing and receiving legal advice). The purpose of all interviews and interrogations is to get the most information from a detainee with the least intrusive method, always applied in a humane and lawful manner with sufficient oversight by trained investigators or interrogators. Operating instructions must be developed based on command policies to insure uniform, careful and safe application of any interrogations of detainees. Interrogations must always be planned, deliberate actions that take into account numerous, often interlocking factors such as a detainee’s current and past performance in both detention and interrogation, a detainee’s emotional and physical strengths and weaknesses, an assessment of possible approaches that may work on a certain detainee in an effort to gain the trust of the detainee, strengths and weaknesses of interrogators, and augmentation by other personnel for a certain detainee based on other factors. Interrogation approaches are designed to manipulate the detainee’s emotions and weaknesses to gain his willing cooperation. Interrogation operations are never conducted in a vacuum; they are conducted in close cooperation with the units detaining the individuals. The policies established by the detaining units that pertain to searching, silencing and segregating also play a role in interrogation of a detainee. Detainee interrogation involves developing a plan tailored to an individual and approved by senior interrogators. Strict adherence to policies/standard operating procedures governing the administration of interrogation techniques and oversight is essential.

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PRUSSIA-ROOTS-L ArchivesArchiver > PRUSSIA-ROOTS > 1999-03 > 0922430454 From: "Schwandt" <> Subject: [PRUSSIA-ROOTS-L] Schneidemuhl Area Date: Fri, 26 Mar 1999 00:40:54 -0600 Steve Dippel, Gary Lentz: Nice to see you guys in the neighbourhood. My own interests are my SCHWANDT family, SW of Deutsh Krone now Walcz, near Tutz, now Tuczno, in a village called Emilienthal. I'm just getting into the films from the Family History Centre, and finding it slow going in the ships lists, and also in finding any evidence at all in the old country. If you haven't done so, make your first step to go to the Library near you and get into the Mayer-Ort gazetteer. If you think we can do some things together, I'd be happy to do so. I've been lurking here and in the Posen List for the past few weeks, and have been struck by the helpfulness of the people involved. I'd really like to see the Posen ListServe become more active though, because Prussia is just so much larger. Regards, Winnipeg Manitoba Canada

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In his book Understanding Peyronie’s Disease Dr. Laurence Levine says “The key point to remember is that if you have Peyronie’s Disease and you use Viagra or another oral erection drug to enhance your erections, it is possible that you could reinjure your penis during sex. It is therefore wise to be careful about your sexual activity in order to reduce the likelihood of recurrent trauma and reactivations of the Peyronie’s process” Understanding Peyronie’s Disease, page 44 It does not explain why but it is fair to assume there is a risk of aggravating the Peyronie's condition, which leads us to the next more sensitive question... G. Hellstrom found that number of patients with Peyronie's had increased since the advent of Viagra International Journal of Impotence Research 2002 14, pages 353-360. There is no sustainable evidence that using Viagra can cause Peyronie's disease but there are some reasons for concern. J. They considered this to be either because more men are becoming manifest and / or not hesitant anymore to come to clinics for such evaluations. Dr. Drogo Montague, the director of the center for genitourinary reconstruction at the Cleveland Clinic in Ohio, sees it differently. Study from 2002 into the 'Role of oxidative stress and antioxidants in Peyronie's disease' by S. C. Sikka and W. "Erectile dysfunction medications such as Viagra might protect some men -- and harm others. These medications are made in India, and the manufacturer is licensed by the state, the companies are Indian FDA approved. Every package we send out will include a copy of the Certificate of Analysis that we get from the laboratory of the manufacturer, and in full compliance of Indian law. All that we do here is 100% legal. We are corporate citizens who are responsible for our operations and are in compliance with all applicable laws. Many people choose generic drugs as generic Viagra, Levitra and generic Cialis to reduce their costs. These medicines are much cheaper than the brand pills. Manufacturers of generic drugs do not have advertising costs, research and development costs. The drugs are approved by FDA in India instead of expensive USA approval. Fewer taxes and fewer salaries also make generic drugs much cheaper and affordable. Buy cheap Cialis and cheap Viagra online from the comfort of your home or office. How does Viagra work? The simple explanation is that Viagra relaxes muscles and increases blood flow to particular areas in the body. The more detailed explanation is that Viagra works by maintaining the level of c GMP cyclic guanosine monophosphate in the smooth muscle cells. When men get sexually stimulated, the nervous system releases nitric oxide NO that stimulates enzyme that produces c GMP that relaxes the smooth muscle cells. This causes the arteries in the penis to dilate, allowing the blood to flow more easily into the penis. It also causes the erectile tissue itself to fill with blood. You may want to investigate other options to improve your erection quality, like using Penis Vacuum Pump. If you are fortunate enough not to have Peyronie's disease, then take good care of your penis and avoid putting extra strain on it whether you use Viagra or not. One of the primary concerns is about the quality of the medications that are offered. The logic behind all products of quality, is that the higher the quality of your product, the more customers you will have. So when it comes to these pills, we merchants look closely to ensure that the quality has been thoroughly tested, and that we carefully screen all documentation. In men with mild erection problems, the drugs can bring a medium-soft erection up to full strength, "so there's less chance of injury during normal sexual activity," Montague says. But for men with severe erectile dysfunction, the drugs might make matters worse, by providing an erection that's just about firm enough for penetration but still soft enough to buckle easily during intercourse" Los Angeles Times, February 09, 2009 And we know that penis buckling can result in men developing Peyronie's disease. This German study from 2002 seems to confirm these suspicions "Along these lines, most clinicians note that the number of Peyronie's patients has increased since the advent of oral sildenafil. With more men being successfully treated for erectile dysfunction ED, an increasing number of Peyronie's cases are becoming manifest and being presented for evaluation" International Journal of Impotence Research, October 2002 Interesting research Histopathological effects of sildenafil citrate on rat corpus cavernosum from 2004 used mice to look at the long term effects of Viagra on the penis and its components. The original article was published in Acta Histochemica Volume 106, Issue 1, 26 February 2004, Pages 37–45. This research showed that prolonged use of Sildenafil results in fibrotic changes of the corpus cavernosum in both male and female rats. Cure Peyronie's goes through this research in detail and concludes there is "strong evidence that the prolonged use of sildenafil citrate is related to penile injury and aberrant healing, leading to an increased incidence of PD". Still, more studies are required in this area. It is though unlikely to be welcome by the big pharmaceutical giants that are making astonishing amount of money from the sale of PDE5 inhibitors worldwide.

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Your favorite Apple, iPhone, iPad, iOS, Jailbreak, and Cydia site. 03-10-2014, 08:41 AM #1Cubeios7 Premium - Soon To be released! This is the premium version of the already released Cubeios7 FREE version! This is one of kind ios7 Winterboard theme that is different than all the others. This unique theme is very attractive. Included in the premium: Removal of the Black boxes around the icons. The ability to add shadow or not add shadow. The Custom Cubeios7 Load Screens. The calendar icon and notification badge icon text can now be modified. Icon mask to help make Icons not already created look adaptable to the Cubeios7 Theme (also with or without shadow effects). New updated status bar that includes colored cube shaped service signal, colored Wi-Fi signal indicator and a new charging icon. Custom “”Cubeios7”” lock screen slider available in all languages. Custom dialer keypad The ability to turn of and on shadows, status bar, load screens, and custom dialer keypad Working on updates: Working on more app icons to match the Cubeios7 Theme. Working on Control Center Theme to match Cubeios7 Theme. Recommended tweaks to install to help with your Cubeios7 experience. Springtomize 3 – You can change the Icons Scrolling animation to “Cube Outside” to give your phone and extreme cube like feeling! Keypad when pressed Keypad not pressed Some of the Additional Icons Created(can only post 15pics per post)

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Anyway - here it is, with thanks to my sister Susan for the true story about squirting lemon juice into my eyes as a kid. Health Care Now and Then The world of health care, which has inspired so much calm and thoughtful debate recently, will be much better off now that Americans have settled all their differences. Oh sure, there may be a teensy weensy little argument over which government bureaucracy will decide when and how people will die, but for the most part, things are looking pretty rosy in the health arena these days. Things are not quite so clear in the over-the-counter medicine world however, where we have a problem with choices. Allow me to illustrate this lucid reasoning. I recently went to the drugstore for some kid’s cold remedies. As I wandered around the pain medication aisle(s) I selected a box of Children’s Tylenol Cold, then I grabbed Tylenol Dry Cough and Runny Nose, then some Tylenol Cough, Sneezing, Whining, Sore Throat, Carbuncles and Runny Nose, and finally a bottle of Tylenol Extra Strength Mostly Phlegm. I also got Tylenol Zits, Tylenol Smelly Pee after Eating Asparagus, and Tylenol Sweat, Boils and Tumors, just to be safe. There were flavors too - Cherry, Bubble Gum, Grape, Peach, Pine, New Car Smell, Diesel, Napalm, and Grilled Cheese. I could administer the medication via liquid, tablets, liquid filled tablets, capsules, round pills, coated pills, caplets, nose drops, eye drops, suppositories, skin patches, needle injections, .22 caliber rimfire cartridges, caulking gun, postal delivery, taxi-cab, Morse code or Federal Express. Contrast this confusing variety with the health substances we had growing up in the 60’s – Aspirin, Phenergan, and a thick red liquid we were told was Penicillin. I have no idea what Phenergan was but we got it all the time. It may have just been rum in a medicine bottle for all we knew (hey…it was the sixties…have another brownie). Here is how medical care used to work – it was simple: Kid has fever so high Mom is cooking fried eggs on kid’s tummy? Aspirin. Kid wakes up with spots everywhere and urps all over the kitchen? Phenergan. Kid comes home covered in hideous scabs from ‘riding’ bike all day with no helmet? Nothing. “Stop oozing all over the floor, I just waxed it!” Mom would say. “Now go wash up for supper” Mom would reluctantly spoon penicillin into us only after our feverish, yellow eyeballs rolled up into our blotchy foreheads as we drifted into unconsciousness on our way to the hospital, and not a minute sooner because that stuff was expensive. So you see, we didn’t have a health care in the world back then. Medicine was simple, yet effective. Everyone died by age 40 of course, but I’d like to ignore that point right now. The nice thing about medicine is the human body is very resilient. You can do almost anything to it and it will usually recover, amputations excepted. For example, my sister and her evil companion once squirted lemon juice into my eyes during a rousing game of “Let’s Torture the Little Brother We Promise It Won’t Hurt, Honest!” Medical authorities today claim my poor eyesight is a result of astigma-something and not ‘Shrivelling of the eyeballs as caused by lemon juice infusion at age 5.’ The fact my spectacles today are as thick as a glass coffee table bears no relation whatsoever to this small act of sibling playfulness I am sure. I forget what I was talking about. Ah yes – health care. In closing, here is a parting medical gift: When a Spiderman Band-Aid does not staunch the flow of spurting arterial blood from somewhere, remember what the guys from the TV show “Emergency!” used to do, and start an IV of Ringers Lactate. I have no idea what that is but it usually worked, and the handsome Doctor at the hospital always called for it. If that doesn’t work, then I suggest a dose of Phenergan and transport immediately.

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Day 11: Ottawa Magazine contributing editor Mark Bourrie on the art of electioneering, the campaign as a war, and the spoils of victory. I spent today giving a talk on war, propaganda, and censorship to some bright young military officers who are just a few weeks away from being deployed across the country as Public Affairs Officers, or, in the vernacular, flacks. As I yammered on, carefully maintaining my blood caffeine level and trying not to swear, I realized that, more and more, the language of politics is being framed in the language of war. We’ve always had “campaigns,” of course. And politicians have always been wounded by barbs. But ideas of war have become very important to politics. We have “heavy artillery” of attack ads. “Foot soldiers” drop off litter in people’s mailboxes. Trolls now operate from “war rooms,” though they deny the fruits of their labor are “propaganda,” even though, by every definition of the word, it is. Politics should not be war. In a democracy, we should think more about public service. Ideas should be tossed into the marketplace, people should choose the candidate who seems most intelligent and has the best ideas, and the successful politicians should go to Ottawa to serve. (And I find it interesting that most MPs I know really take pride in the idea that they serve the public. It’s what sustains them through the boredom and crap of day-to-day life as an MP, but few articulate that very well, even during elections.) But this is not some kind of Greek or Roman gentlemen’s republic. This is a regime built on spoils. Think about it. The federal government spends about $250 billion a year. Most of that money goes to salaries, pensions, and transfers to provinces, but a huge amount goes out the door in contracts for everything from mopping floors to designing coats of arms. Advertising budgets are like honey to the little political bees who work so hard to win campaigns. And lobbyists now infest about 10 blocks of downtown Ottawa the way termites have spread through the old parts of Toronto. They push everything from bad cafeteria food to stealth fighters. So the winners of a political campaign get a chance to divide the spoils. The elite staffers land jobs as chiefs of staffs to cabinet ministers and communications directors, pulling down about the same salaries as MPs and homing in on a guaranteed soft landing in the public service. Those lower on the food chain end up working as aides to MPs or get a spot on some board or commission, where they spend their term watching the second hand on some clock and marveling at the incredible length of a minute. The losers get nothing but a lousy election night party and, quite often, a lot of blame. Elections are now run from war rooms, factory-like operations where lies and half-truths are packaged and shipped out to the media, in hopes that somewhere along the line they’ll become a new version of reality. I get the war room guff from all of the parties. It’s interesting stuff. The Tory material seems to have been written by juvenile delinquents, mean little brats who mistake snotty for smart. The Liberal material has a certain smugness that brings back bad memories of the 1990s. Both the NDP and the Greens send out press releases that are whiny. (Note to Elizabeth May: they don’t want you on the debates because you have a voice like a foghorn, you’re not too bright and you can’t speak French any better than I can. Save your lawyers’ fees, get elected, and ask again in four years. And, if you can’t beat Gary Lunn, seek some new opportunities outside politics.) I doubt we’ll see anyone, even May, fall on a sword in this campaign, though watching a political leader inflict massive damage on their own vital organs would make better TV than anything that will be offered up in this campaign.

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General Santos (Cebuano: Dakbayan sa General Santos; Filipino: Lungsod ng Heneral Santos), also known as Dadiangás, and abbreviated G.S.C. or GenSan) is thesouthernmost city in the Philippines. Classified as a highly-urbanized first class city, General Santos is the 15th most populous city in the country with 538,086 inhabitants as per census data of 2010. The city is bounded by municipalities of Sarangani Province namely Alabel in the east, and Maasim in the south. General Santos is likewise bounded by the South Cotabato municipality of Polomolok and Sarangani Province municipality of Malungon in the north, and the municipality of T'boli in the west. General Santos City is part of the SOCCSKSARGEN region. Organized under the National Land Settlement Administration (NLSA) of the Commonwealth Government headed by President Manuel L. Quezon, General Paulino Santos led the relocation of 62 Christian settlers from Luzon to the shores of Sarangani Bay aboard the steam ship “Basilan” of Compania Maritima on February 27, 1939. The 62 pioneers (mostly agricultural and trade graduates) were the first big batch of settlers to land in GenSan with the mission to industriously cultivate GenSan's fertile expanse of land. After this first influx of pioneers, thousands more from Luzon and the Visayashave subsequently migrated into the area. This started the displacement of some native B'laan tribe to the mountains and lost their livelihood. The Blaan people are the original settlers of GenSan which they called Dadiangasduring the time. The B’laans live a nomadic way of life in and around GenSan. Evidence of their early occupancy are the names of the places in the city which were derived from their native terms. One significant name is Dadiangas (Ziziphus spina-christi), their native call for a tree which has thorns on its trunk and stems that abundantly thrive in GenSan during the time. Under Indigenous Peoples Right Act IPRA law RA 8371, these Dadiangas trees are now protected and it is proven under the Philippine jurisprudence of the Supreme Court. In the present time, the B'laan tribe live side by side in harmony with the new generation of settlers and other immigrants. In March 1939, the first formal settlement in the city was established in ’’Alagao’’ which is now known as Barangay Lagao. Lagao district was known then as the “Municipal District of Buayan” under the jurisdiction of the deputy governor of the Municipal District of Glan. Until it officially became an independent Municipal District of Buayan on October 1, 1940 appointing Datu Sharif Zainal Abedin—an Arab mestizo married to a daughter of a very influential datu of lower Buayan—as the first district municipal mayor. One year after the mark of Philippine Independence from the Americans on July 4, 1946, the Municipality of Buayan became a 4th class regular municipality by virtue of the Executive Order Number 82, dated August 18, 1947 by President Manuel Roxas, absorbing the Municipal District of Glan whose low income bracket at the time disqualified it for the honor. Dadiangas was the seat of government for the Municipality of Buayan electing Irineo Santiago as its first Municipal Mayor on a local election that was held on November 11, 1947. Mayor Santiago was formally inducted on January 1, 1948. Six years later, in June 1954, the Municipality of Buayan was renamed General Santos as a tribute to its great pioneer. This was made possible by Republic Act No. 1107authored by Congressman Luminog Mangelen of Cotabato Province. From 1963 to 1967, during the incumbency of Mayor Lucio A. Velayo, an upsurge in the municipality's economy was experienced as several large agri-based and multi-national corporations such as Dole Philippines, General Milling Corporation and UDAGRI have expanded into the area. Although it was then qualified to become a fourth class city from being a municipality, the residents rejected a move by Congressman Salipada Pendatun to convert the Municipality of Buayan into a city and to rename it ’’Rajah Buayan’’. Finally, on July 8, 1968, upon the approval of Republic Act No. 5412, which was authored by the late Congressman James L. Chiongbian, the Municipality of General Santos was converted into a city while keeping its name. It was inaugurated on September 5 of that year. Antonio C. Acharon became its first city mayor. In 1988, two decades after its inauguration, it was declared as a highly-urbanized city of South Cotabato

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Man Tied Up, Held At Gunpoint In Sea Isle City Home InvasionPolice are looking into a trio who tied up a man then ransacked his home in Sea Isle City. Montco Middle School Teacher Charged With Sexually Assaulting 2 StudentsMontgomery County officials say a middle school teacher has been arrested and charged following the alleged sexual assault of two female students. Man Convicted Of Killing Girlfriend In PA Dorm Gets 20-40 YearsA Lancaster County judge sentenced 21-year-old Gregory Orrostieta on Wednesday to the maximum possible penalty. Cops: Trio Tie Victim To Chair, Ransack Home In Armed Robbery In Sea Isle CityThe incident remains under investigation. CBS News: U.S. Officials Blame Russia Over DNC Email HackThe release of private emails, which Wikileaks posted online, suggested party officials favored Hillary Clinton’s campaign. Woman Carjacked At Gunpoint In South PhiladelphiaPolice say two men on bikes walked up to the victim when she got out of her car, pulled guns and demanded her keys. Fort Myers Club Shooting: 2 Dead, 14 Injured Outside Teen PartyAuthorities say two people have been killed and more than a dozen shot at a nightclub in Fort Myers, Florida. Alleged Wawa Coffee Thief Comes ForwardSuburban authorities have caught up with an alleged Wawa coffee thief. DA Refiles Charges Against PA Police Officer In Cellphone-Breaking CaseA prosecutor has refiled criminal charges against an eastern Pennsylvania police officer accused of wrongly punching a woman and smashing her cellphone. Police: Woman Found Beaten To Death Inside Home In North Philadelphia Philadelphia Police say the search for a missing person led them to a woman found beaten to death. 2 Shootings Leave 2 Dead In PhiladelphiaTwo men are dead following two separate shootings in Philadelphia. Family Offers Reward To Help Find Suspect In College Student's DeathDelaware police say 19-year-old Malcolm Evans was an innocent victim and they need your help finding whoever shot and killed him.

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a prematurely aged Adolf Hitler (1945) From 1942, the Nazi leader Adolf Hitler received daily injections of methamphetamine from his personal physician, Dr Theodor Morell. The Führer was also familiar with cocaine. Hitler's ailments have been attributed to everything from tertiary syphilis to Parkinson's disease. But many of The Führer's clinical signs and symptoms may have been caused by his exotic drug regimen. In Hitler's Wehrmacht, methamphetamine tablets branded as Pervitin were liberally distributed to German fighting troops throughout the War. Amphetamines are "power drugs" that reduce fatigue, heighten aggression, and diminish human warmth and empathy. How could Hitler continue to exert such a grip on the German people until the last days of the War? Talking to a prison psychologist while awaiting trial, ex-Governor General of Poland Hans Frank (1900-1946) describes Hitler's charismatic effect on him... "I can hardly understand it myself. There must be some basic evil in me. In all men. Mass hypnosis? Hitler cultivated this evil in man. When I saw him in that movie in court, I was swept along again for a moment, in spite of myself. Funny, one sits in court feeling guilt and shame. Then Hitler appears on the screen and you want to stretch out your hand to him . . . . It's not with horns on his head or with a forked tail that the devil comes to us, you know. He comes with a captivating smile, spouting idealistic sentiments, winning one's loyalty. We cannot say that Adolf Hitler violated the German people. He seduced us."

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Knowledge-based power system protection design courseware Othman, Mohammad Lutfi and Aris, Ishak and Mariun, Norman and Sahbudin, Ratna Kalos Zakiah (2006) Knowledge-based power system protection design courseware. Journal of Applied Sciences, 6 (15). pp. 2963-2977. ISSN 1812-5654 Full text not available from this repository. Official URL: http://www.scialert.net/abstract/?doi=jas.2006.296... This research discusses the development of a knowledge-based expert system, using an interactive multimedia approach and its usage to serve as a multimedia courseware in power system protection design. The system is characterized by its three prong capabilities: multimedia interactive, knowledge based and numerical analysis ready. It integrates technical theories, industrial application recommendations and some specific simulations by which the user has a wide range of choices for obtaining technical information on power system protection. Being an interactive computer-assisted learning tool, the system blends power system protection knowledge domain and interactivity knowledge. Survey results concerning the acceptability of this courseware prove that it is very useful to the users in so far as its performance and effectiveness as a teaching and training tool in the power system protection knowledge is concerned. © 2006 Asian Network for Scientific Information Repository Staff Only: Edit item detail

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Kentucky researcher receives prestigious Lew R. Wasserman Award Lexington, Ky. (July 31, 2006) -- University of Kentucky ophthalmology researcher Dr. Jayakrishna Ambati has once again received a national honor for his research in the field of age-related macular degeneration (AMD). Ambati was recently granted a prestigious 2006 Lew R. Wasserman Award by Research to Prevent Blindness (RPB), the world's leading voluntary organization supporting eye research. The RPB Wasserman Award is given annually to scientists and physicians conducting ophthalmologic research at major medical institutions. Recipients are selected by their peers. The award not only comes with a great amount of recognition and respect from peers, but also a $55,000 grant to UK. "The grant money from this award will be used to hire additional staff, as well as to further my research in macular degeneration," said Ambati. "This award is very exciting personally, but it also means great things for the University of Kentucky. The money will support our mission of solving the puzzle of macular degeneration." AMD, a progressive deterioration of the retina, is the leading cause of legal blindness in the United States. "Dr. Ambati has helped to build a first class research group in Age Related Macular Degeneration here at UK," said Dr. Andrew Pearson, Chair, UK College of Medicine Department of Ophthalmology and Visual Sciences. "His accomplishments have resulted not only in this prestigious award from RPB but also in substantial grant support and the publication of his findings in superb medical journals such as Nature Medicine, the Journal of Clinical Investigation and the Proceedings of the National Academy of Sciences. "It feels very rewarding to know that I am highly respected enough among my peers for them to award me this honor. Even though I am receiving the credit, I would really like to thank my group of researchers. They are an immensely talented group of people," said Ambati. Ambati received his bachelor's from The Johns Hopkins University and completed medical school at the State University of New York. Following a residency in ophthalmology at the University of Rochester, he completed clinical and research fellowships in medical and surgical diseases of the retina and vitreous at the Massachusetts Eye and Ear Infirmary of Harvard Medical School. Ambati is a UK College of Medicine associate professor and Vice Chair of the Department of Ophthalmology and Visual Sciences. "Dr. Ambati is focused on dissecting the underlying mechanism responsible for AMD with a goal of using this knowledge to develop treatment strategies to prevent the onset of significant visual loss," said Pearson. "With the aging of baby boomers, AMD promises to become an even more common cause for vision loss. We can only hope that with generous support like this from RPB and the continued dedication of Dr. Ambati that we are able to find the solution soon." In striving to become a Top 20 public research institution, the University of Kentucky is a catalyst for a new Commonwealth – a Kentucky that is healthier, better educated, and positioned to compete in a global and changing economy. For more information about UK's efforts to become a Top 20 university, please go to http://www.uky.edu/OPBPA/Top20.html Last reviewed: By John M. Grohol, Psy.D. on 30 Apr 2016 Published on PsychCentral.com. All rights reserved.

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This product is no longer available. Continue shopping at sonsi. Strappy embellished sandal Put a sparkle in your step with our rhinestone-embellished sandal. Sleek and sophisticated sandal makes a perfect partner to all your summer favorites with its strappy ankle and thong styling. In wide widths with an elastic back for easy-wearing comfort. Average Customer Rating: Rating Snapshot(10 reviews) 8 out of 10(80%)reviewers would recommend this product to a friend. Customer Reviews for Strappy embellished sandal Ratings-Only Reviews for Strappy embellished sandal

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Course Name: Structural Geology Challenges to using math in structural geology Structural Geology is one of the few courses in our curriculum which has a math pre-requisite (pre-calculus). However, students have problems with skills (primarily right triangle trigonometry and rearranging equations) that are a very small part of the pre-calculus course. Despite a math pre-requisite, math skills were a barrier to understanding the geology content. More about your geoscience course Structural Geology is typically taken by junior geology majors. It has explicit pre-requisites of a sophomore mapping course and either pre-calculus or introductory physics (primarily because those two courses involve trigonometry). The sophomore mapping course also uses TMYN, so students have experience using the site and assessment. Inclusion of quantitative content pre-TMYN Trigonometry is used in map and cross-section problems in lab early in the semester, and comes up in discussions of stress. Matrices and derivatives could also be used, but in the past I have just mentioned that it's possible to use much more math than we use in the class. Which Math You Need Modules do you use in your course? - Trigonometry (map problems, bed thickness problems) - Unit conversions (structure sections) - Map scales (on unit conversion sample problems page) (structure sections) Strategies for successfully implementing The Math You NeedTMYN is graded as part of the participation grade for the course (5% of the course grade). It is used as a pre-lab assignment to prepare for map and cross-section labs at the beginning of the semester. - On-line pre-assessment (due before the first lab) - Trigonometry module (tangent problems only) due before first lab - Trigonometry module (sine and cosine problems only) due before second lab (bed thickness problems) - Unit conversion (including map scales) due before third lab (structure sections) - On-line post-assessment (due last week of semester; identical to pre-assessment) Reflections and Results (after implementing) In the past, I have spent a lot of lab time explaining trigonometry (and how to figure out what the hypotenuse is, and how to rearrange trig equations) during lab. I still needed to do some explaining, but I was able to move more quickly through the explanation part (and give students more time to work while I was available for questions). An unexpected side effect was that the students in Structural Geology were also more successful in the calculus courses they were taking at the same time. Students also mentioned looking at the TMYN site for help for other courses.

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CC-MAIN-2016-30

http://serc.carleton.edu/mathyouneed/implementations/FortLewisImplement.html

2016-07-28T12:26:45Z

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en

He is a border collie/english spaniel mix with long hair. We keep his hair cut short. He seems to have this problem worse in the summer. My dog has very dry skin and he scratches constantly. What can I do to relieve his itching? In my experience as a breeder dry itchy skin is caused mainly by one thing: a shortage of Linoleic Acid in the diet. Furthermore this has to be present in a certain ratio with Linolenic Acid as it serves as a carrier molecule. Mind you we aren't talking about just any Omega 6 or 3 Fatty Acids but those 2 specifically. Another fact is that lamb is the most hypoallergenic of all the commonly used pet food proteins and rice the safest of all the grains. Not to mention rice is also the most digestible. You should feed this:http://www.nutroproducts.com/ncdoglamb.a... Best food for Border Collies and Border Collie mixes IMO. One working BC handler I know has been feeding Nutro for over 30 years. Another thing that helps is Super 14 for horses by Farnam. When selecting a Shampoo look into one made with Tea Tree oil, it has potent antiseptic/antifungal properties and is 7 times more moisturizing than Aloe. 'ProCare' is the one with the highest Tea Tree oil content I've used: http://www.melaleuca.com/ps/index.cfm?f=... If you are dealing with seasonal allergies and these are not severe I would stay away from certain medications, these can cause additional (and far more life threatening) health problems in the long run. A bonded cysteine supplement in your dog's diet might also help. Reply:Go to your vet. Maybe he/she can prescribe a cream. Hope I helped! Reply:Have a look here. Reply:Dog's with dense long fur can get hot spots, where the skin becomes irritated and just won't heal in the summer heat. I have a border collie/golden retriever mix, and I keep him shaved spring and summer. He may simply need more oils in his diet. If he has alot of dander, that could be a signal that he's not getting enough in his food. I switched my dog to Iams, and that has been a great help. You might try adding some olive oil to his food or they make a capsule that you can buy from the vets or Petsmart that contains a variety of oils that will improve the quality of his skin and his coat. There really isn't anything topical to help dogs with dry skin, it's treated more from the inside out. Reply:On this site it says not to overbather, brush him often to keep the blood circulating and it also recommends a supplement. There is a link to it on the page. Reply:SUONDS LIKE MY DOGS PROB HES ALG TO POLLEN AND DUST NOT A CURE BUT HELPS LET HIM SLEEP ON COTTEN SHEETS TRY PRIMROSEOIL CAPSUELS HES ALSO ALG TO DOG FOOD HAVE GOOD RES FROM FEEDING HIM CHICKEN AND WHITE BOILD RICE HOPE THIS HELPS Reply:give him fish oil pills and use hair conditioner after his bath Reply:Give him binadryl. You can give him 1 25mg tablet twice a day. Reply:try putting a little vegetable oil on your dogs food, it worked for my dog. Reply:give him "Derm Caps", or got see your vet and he/she can recommend something. Reply:I have a schnauzer that does the same thing, it is allergies. He gets a Cortisone shot around every 2-3 months for it when it is really in full swing. They also prescribe Prednisone and over the counter Benadryl. I hate seeing my dog miserable and it also drives me crazy when he scratches. Go to your vet and they will help you. Good luck! Reply:Make sure your dog isn't itching due to allergies or thyroid. These are tests that the vet can do for you. Border collies are prone to these diseases. I have a golden retriever/border collie mix and he has both allergies and thyroid. These can be treated and controlled to keep your dog happy and healthy. If his problem is only in the summer, it would be my guess it is allergies. Try Benadryl to help alleviate the itching. Cortizone shots will help, but too much of this steroid can shut downt he kidneys and introduce a different set of problems for your pet. There are allergy shots for dogs...very similar to a child's. Reply:Have you read the ingredients on the dog food label. The first ingredient should be meat not corn. Some foods contain a higher fat level which would put more oil in the skin, reducing the itching. My label says that it contains 20% fat, what does yours say? Also, vaccines can cause skin problems in dogs. What time of yr does he get his shots? Read Wisconsin University web links: Reply:my dog had the same problem. The vet told us to put a little vegetable oil in his food also. That worked for him. I am now using Nutro natural dog food from Petco and it has a lot of oils in the food. It has made a huge difference in the dogs coat. Reply:I would recommend not clipping the dog anymore. He is a medium-long haired breed of dog and his fur is there to protect him from the elements. That is probably why it is worse in the summer, with the sun, dry air, rain, and such to irritate his skin. There are several ways to deal with the problem right now though. Adding a skin and coat supplement to his food will help. For the itching, try a hydrocoritsone or anit-itch spray. It will soak in quicker than a cream, making it harder for him lick it off.

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CC-MAIN-2016-30

http://spots-on-dogs-skin.blogspot.com/2010/07/my-dog-has-very-dry-skin-and-he.html

2016-07-28T12:18:45Z

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en

I have been mulling over config files and their relationship to code for a while now and depending on the day and direction of the wind my opinions seem to change. More and more though I keep coming back to the realization I first had while learning Lisp: there is little difference between data and code. This seems doubly true for config files. When looked at in the right light a Perl script is little more than a config file for perl. This tends to have fairly heavy consequences for tasks such as QA and divisions of labor like who should be responsible for changing config files. The creep from config file to full fledged language is generally slow and seems to be driven by the desire to have a generic system. Most projects seem to start out small with a few config items like where to write logs, where to look for data, user names and passwords, etc. But then they start to grow: features start to be able to be turned on or off, the timings and order of operations start to be controlled, and, inevitably, someone wants to start adding logic to it (e.g. use 10 if the machine is X and 15 if the machine is Y). At a certain point the config file becomes a domain specific language, and a poorly written one at that. Now that I have rambled on to set the stage, here are my questions: - What is the true purpose of a config file? - Should an attempt be made to keep config files simple? - Who should be responsible for making changes to them (developers, users, admins, etc.)? - Should they be source controlled (see question 3)? As I said earlier my answers to these questions shift constantly, but right now I am thinking: - to allow a non-programmers to change large chunks of behaviour quickly - yes, anything that is not coarsely grained should be in code - users should be responsible for config files and programmers should be responsible for a configuration layer between config files and code that gives more fine grained control of the application - no, but the finer grained middle layer should be

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CC-MAIN-2016-30

http://stackoverflow.com/questions/648246/at-what-point-does-a-config-file-become-a-programming-language/

2016-07-28T13:00:05Z

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Venerable Fat Wai (Fa Hui) Shakya (born November 1928) is spiritual guide and Abbot of Hsu Yun temple in Honolulu, Hawai, a Chan Buddhist temple. A native of Hong Kong, he arrived in Honolulu in October of 1956 at the behest of Master Jy Din, who’d realized that the community would need more help than he alone could provide regarding the renovation of a Buddha Hall. Master Fa Hui was originally from Pan Yu in Guangdong Province. Born in November 1928 to a family with 8 siblings, his father ran his own business while, in the common tradition, his mother cared for the children and household. Fa Hui started schooling at the age of 6, but when the Japanese invaded (Canton area invasions were in 1937-38) the family fled to Shao Guan. While taking refuge from the war at Nan Hua Temple in Shao Guan, Master Fa Hui had the opportunity to get close to Hsu Yun. He observed the chanting and ceremonies conducted in the Temple and asked Hsu Yun to allow him to give him precepts. In 1944, while following Master Hsu Yun to Yun Men Temple, Master Hsu Yun gave precepts to the young man and gave him his first dharma name. He was 17 years old. In the Spring of 1945, Shao Guan and Nan Hua Temple conducted ordination in the Spring. Fa Hui received Full Ordination under Master Chuan Ying Shakya and then promptly entered Nan Hua Yinaya College to study. During that time, Master Jy Din was the Vice-Chancellor of the College. According to Master Jy Din, Fa Hui was an honest and good student. In 1950, when the ruling party in China changed, Master Jy Din sent a letter to Fa Hui to ask him to go Hong Kong by any possible means. Fa Hui arrived in Hong Kong from Guangzhou and stayed at Deer Park with Master Jy Din. Then, in 1953, Fa Hui was accepted into Hong Fa Jing She’s Hua Nan Buddhist College where he studied under Master Dan Hsu. When he received the call from Master Jy Din in 1956 to move to Hawaii, Fa Hui, although he had not yet completed his study at the college, decided to forfeit his formal education and traveled to Honolulu. He thus became the second Chinese monk residing in Honolulu, to have arrived only 9 months after Master Jy Din. After a short time at the temple in Honolulu under Master Jy Din’s directorship, Master Fa Hui became responsible for the renovation of the early Buddha Hall. Later on, when the Association started construction of the new Hall of Shakyamuni, Master Fa Hui started taking care of other aspects of the construction projects as well. Over the past 40 years, besides caring for many temple matters, Master Fa Hui has hosted numerous dharma talks. He has given speeches on Mahayana Sutras such as the Vimalakirti Nirdesa sutra, the Buddhavatamsaka Mahavaipulya (Heart) sutra, and Flower Garland sutra. As of 1997, there were 8 residing monks in the Hsu Yun Temple. Besides the Master Fa Hui Shakya, there are also monks Fa Liang, Ling Wu, Yi Zhao, Yin Lang, Dun Sheng and Dun Yang. Since Master Jy Din’s passing on March 13, 2003, the Order continues under the spiritual guidance of Ven. Master Fat Wai (Fa Hui). *I wish to thank Rev. Yin Zhi Shakya, OHY for providing the reference material necessary to construct this biography and for her good work spreading the Dharma in Hawaii.

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CC-MAIN-2016-30

http://sweepingzen.com/fa-hui-shakya-bio/

2016-07-28T12:21:49Z

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So I’m really excited. For two reasons: 1. I’m typing this on my new computer and the B works and everything. I feel very fancy. 2. There’s a great giveaway today. One of you has the chance to win a $50 gift card from A Thread clothing boutique. And there is so much cute stuff to choose from that I don’t know how you’ll decide how to spend it. The nice thing is they have a great little holiday gift shoppe all set up to make it easy for you to pick out something for someone you love. Or yourself. Because you should love yourself. You is kind. You is smart. You is important. All you have to do for a chance to enter is leave a comment on this post. Maybe tell me what your favorite side dish is for Thanksgiving lunch or dinner or breakfast. I don’t know your life. You’re free to eat your Thanksgiving meal whenever you choose. God bless America. And the Indians and Pilgrims. Anyway, here are a few of my favorites from A Thread in case you’re interested. They have this gorgeous collection of jewelry by Simona V. I really love this Amethyst Cluster Tear Drop. Or this Amethyst Slice necklace. And I adore these softest pullovers that come in a variety of colors. I also really like this lightweight utility jacket. Here are a few other great things I’ve found this week. I love this. It’s perfect for this time of year and would be great to wear to Thanksgiving lunch. Beautiful dress. And a great price. This is a great color for the holiday season. It’s a little festive without the overkill of reindeer embroidered on it. I go back and forth on the faux fur vest. On one hand, will I look like some version of Cookie Monster? Or will I look chic like Rachel Zoe? I have no idea. Which is why I haven’t committed to the fur vest as of this point. This is another great top. Love the colors. It would be so cute with jeans and boots. The photo doesn’t do these justice. They are so soft and pretty in person and the colors are amazing. Love this sweater. And it’s a great length so I feel like that gives it a ton of options. 8. cable poncho I tried this on the other day. Because I believe I’ve mentioned that I am powerless against the poncho. There is something about it that draws me in. The only reason I didn’t buy it was because I couldn’t decide on a color. I am also a sucker for a plaid flannel shirt. I once bought one of Gulley’s old plaid flannel shirts for $2.00 when she was selling it in a garage sale. To this day we still wonder why she actually let me pay her $2.00 for it. But I’ll tell you something, it was money well spent. I have this jacket but mine is purple. Normally, I’m not a fan of purple but I loved this jacket so much that I made an exception. The good news is that this one is charcoal gray and so it might be even better in case you’re like me and have purple issues. That’s it for today. Don’t forget to leave a comment for a chance to enter the giveaway for the $50 gift card to A Thread. I’ll keep comments open until Monday at noon and then choose a winner through a random drawing. Y’all have a great Friday.

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http://thebigmamablog.com/13113/fashion-friday-edition-its-almost-thanksgiving-and-a-giveaway/

2016-07-28T12:19:23Z

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How to Archive Family Keepsakes Book Review George Morgan and Drew Smith, otherwise known as The Genealogy Guys, have published the The Genealogy Guys Podcast #248 which features a detailed review of How to Archive Family Keepsakes. From George’s comments, it sounds like he’s dealing with inherited photographs, documents, and memorabilia like so many family historians. I think of the Genealogy Guys Podcast as a kind of World Genealogy News Round-Up, and I’m honored to hear the book featured on their show. The review starts about 15 minutes into the podcast, but you’ll want to listen to the entire program to hear George and Drew highlight new record releases, more book reviews, and answers to reader email. I’m delighted that you found my new book helpful with your photo digitization project, George. As you say, sometimes we end up as “Accidental Archivists” and although we may not be trained in archival methods, we can learn how to be good caretakers of our ancestor’s treasures.

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http://thefamilycurator.com/the-genealogy-guys-have-family-stuff-too/

2016-07-28T12:23:19Z

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en