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 Court won't review FBI's Congress office raid
 

Mon Mar 31, 2008 11:09am EDT

By James Vicini

WASHINGTON (Reuters) - The U.S. Supreme Court said on Monday that it won't overrule a decision that FBI agents violated the rights of a Democratic congressman during a search of his office, a decision the Bush administration says will hamper future public corruption investigations.

The justices declined to review a U.S. appeals court ruling that the FBI was wrong to confiscate legislative files from the office of Rep. William Jefferson of Louisiana, who faces bribery charges involving $90,000 found in his freezer.

It marked the first time that federal law enforcement agents had ever searched the office of a member of Congress and prompted a clash between Congress and the administration over its constitutionality.

The appeals court ordered the FBI to give Jefferson back all privileged legislative files and copies of files taken from his office during the 18-hour raid in May of 2006.

The appeals court said FBI agents should not have viewed documents in the office without first giving Jefferson the opportunity to say the material involved legislative business.

Jefferson was charged last year with racketeering, soliciting bribes for himself and his family, fraud, money laundering, obstruction of justice, conspiracy and violating the Foreign Corrupt Practices Act.

He was accused of soliciting millions of dollars in bribes from nearly a dozen companies while using his office to broker business deals in Africa. In a search of his home, FBI agents said they found $90,000 in bribe money in his freezer.

Jefferson, a member of Congress since 1991 whose district includes New Orleans, has pleaded not guilty.

His trial has been delayed while he appeals a judge's ruling that rejected his argument to dismiss the indictment on the grounds it unconstitutionally infringed on his privileges as a lawmaker.

In appealing to the Supreme Court, administration lawyers said the appeals court's ruling would effectively prevent any searches of congressional offices and threatened to impede searches of lawmakers' homes, vehicles or briefcases.

Jefferson's lawyers said the appeals court correctly concluded the Constitution bars compelled disclosure of legislative material to the executive branch during a search. Allowing review of such material would impair legislative activities, they said.

The Supreme Court sided with Jefferson and rejected the administration's appeal without any comment.

(Editing by Philip Barbara)

Posted by alfred at 3:35 PM - No Comments   Add a Comment  
 
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Posted by alfred at 11:16 AM - No Comments   Add a Comment  
 
 As Jobs Vanish and Prices Rise, Food Stamp Use Nears Record
 

Published: March 31, 2008

Driven by a painful mix of layoffs and rising food and fuel prices, the number of Americans receiving food stamps is projected to reach 28 million in the coming year, the highest level since the aid program began in the 1960s.

Barometer of Tougher TimesGraphic

Baro

The number of recipients, who must have near-poverty incomes to qualify for benefits averaging $100 a month per family member, has fluctuated over the years along with economic conditions, eligibility rules, enlistment drives and natural disasters like Hurricane Katrina, which led to a spike in the South.

But recent rises in many states appear to be resulting mainly from the economic slowdown, officials and experts say, as well as inflation in prices of basic goods that leave more families feeling pinched. Citing expected growth in unemployment, the Congressional Budget Office this month projected a continued increase in the monthly number of recipients in the next fiscal year, starting Oct. 1 — to 28 million, up from 27.8 million in 2008, and 26.5 million in 2007.

The percentage of Americans receiving food stamps was higher after a recession in the 1990s, but actual numbers are expected to be higher this year.

Federal benefit costs are projected to rise to $36 billion in the 2009 fiscal year from $34 billion this year.

“People sign up for food stamps when they lose their jobs, or their wages go down because their hours are cut,” said Stacy Dean, director of food stamp policy at the Center on Budget and Policy Priorities in Washington, who noted that 14 states saw their rolls reach record numbers by last December.

One example is Michigan, where one in eight residents now receives food stamps. “Our caseload has more than doubled since 2000, and we’re at an all-time record level,” said Maureen Sorbet, spokeswoman for the Michigan Department of Human Services.

The climb in food stamp recipients there has been relentless, through economic upturns and downturns, reflecting a steady loss of industrial jobs that has pushed recipient levels to new highs in Ohio and Illinois as well.

“We’ve had poverty here for a good while,” Ms. Sorbet said. Contributing to the rise, she added, Michigan, like many other states, has also worked to make more low-end workers aware of their eligibility, and a switch from coupons to electronic debit cards has reduced the stigma.

Some states have experienced more recent surges. From December 2006 to December 2007, more than 40 states saw recipient numbers rise, and in several — Arizona, Florida, Maryland, Nevada, North Dakota and Rhode Island — the one-year growth was 10 percent or more.

In Rhode Island, the number of recipients climbed by 18 percent over the last two years, to more than 84,000 as of February, or about 8.4 percent of the population. This is the highest total in the last dozen years or more, said Bob McDonough, the state’s administrator of family and adult services, and reflects both a strong enlistment effort and an upward creep in unemployment.

In New York, a program to promote enrollment increased food stamp rolls earlier in the decade, but the current climb in applications appears in part to reflect economic hardship, said Michael Hayes, spokesman for the Office of Temporary and Disability Assistance. The additional 67,000 clients added from July 2007 to January of this year brought total recipients to 1.86 million, about one in 10 New Yorkers.

Nutrition and poverty experts praise food stamps as a vital safety net that helped eliminate the severe malnutrition seen in the country as recently as the 1960s. But they also express concern about what they called the gradual erosion of their value.

Food stamps are an entitlement program, with eligibility guidelines set by Congress and the federal government paying for benefits while states pay most administrative costs.

Eligibility is determined by a complex formula, but basically recipients must have few assets and incomes below 130 percent of the poverty line, or less than $27,560 for a family of four.

As a share of the national population, food stamp use was highest in 1994, after several years of poor economic growth, with an average of 27.5 million recipients per month from a lower total of residents. The numbers plummeted in the late 1990s as the economy grew and legal immigrants and certain others were excluded.

But access by legal immigrants has been partly restored and, in the current decade, the federal and state governments have used advertising and other measures to inform people of their eligibility and have often simplified application procedures.

Because they spend a higher share of their incomes on basic needs like food and fuel, low-income Americans have been hit hard by soaring gasoline and heating costs and jumps in the prices of staples like milk, eggs and bread.

At the same time, average family incomes among the bottom fifth of the population have been stagnant or have declined in recent years at levels around $15,500, said Jared Bernstein, an economist at the Economic Policy Institute in Washington.

The benefit levels, which can amount to many hundreds of dollars for families with several children, are adjusted each June according to the price of a bare-bones “thrifty food plan,” as calculated by the Department of Agriculture. Because food prices have risen by about 5 percent this year, benefit levels will rise similarly in June — months after the increase in costs for consumers.

Advocates worry more about the small but steady decline in real benefits since 1996, when the “standard deduction” for living costs, which is subtracted from family income to determine eligibility and benefit levels, was frozen. If that deduction had continued to rise with inflation, the average mother with two children would be receiving an additional $37 a month, according to the private Center on Budget and Policy Priorities.

Both houses of Congress have passed bills that would index the deduction to the cost of living, but the measures are part of broader agriculture bills that appear unlikely to pass this year because of disagreements with the White House over farm policy.

Another important federal nutrition program known as WIC, for women, infants and children, is struggling with rising prices of milk and cheese, and growing enrollment.

The program, for households with incomes no higher than 185 percent of the federal poverty level, provides healthy food and nutrition counseling to 8.5 million pregnant women, and children through the age of 4. WIC is not an entitlement like food stamps, and for the fiscal year starting in October, Congress may have to approve a large increase over its current budget of $6 billion if states are to avoid waiting lists for needy mothers and babies.

meter of Tougher Times

Posted by alfred at 10:32 AM - No Comments   Add a Comment  
 
 States Are Hit Hard by Economic Downturn
 


Gov. Arnold Schwarzenegger has proposed a $4.8 billion cut in education services as California faces a $16 billion shortfall.
Gov. Arnold Schwarzenegger has proposed a $4.8 billion cut in education services as California faces a $16 billion shortfall. (By Rich Pedroncelli -- Associated Press)
  Enlarge Photo    Washington Post Staff Writers
Monday, March 31, 2008; Page A01

NEW YORK -- In Illinois' Cook County, women in poor neighborhoods no longer have access to free mammograms from two mobile vans testing for breast cancer.

In Michigan, hikers will find about 20 campgrounds closed, and scientists are ending their studies of fish populations in the Great Lakes.

In New Jersey, state workers are being laid off, and at least one town is canceling its traditional Fourth of July fireworks.

And in California's San Fernando Valley, Everardo Orozco, 53, who has AIDS, exhausted his medical benefits and can no longer afford the drugs that are keeping him alive.

"I don't know which ones I can afford every month," Orozco said, explaining how his supply is dwindling and his share of the payments has skyrocketed from $400 to $3,200 per month. He now injects himself with some medications once a day instead of twice -- not enough to keep his T-cell count from dropping or to prevent his body from becoming resistant to treatment. And he fears that there will be more cuts.

State budgets have been hit hard by a worsening national economy, including rising costs for energy and health care. In addition, fallout from the subprime mortgage crisis -- declining home sales, deflated property values and mounting foreclosures -- has caused a slide in states' anticipated tax receipts. Revenue from property taxes, sales taxes and real estate transfer taxes is affected.

At least half of the nation's states are facing budget shortfalls, some of them severe, and policymakers in most of the states affected are proposing and passing often-painful measures to trim costs and close the gaps. Spending on schools is being slashed, after-school programs are being curtailed and teachers are being notified of potential layoffs. Health-care assistance is being cut for the elderly, the disabled and the poor. Some government offices, such as motor vehicle department locations, will start closing on weekends, and some state workers are receiving pink slips.

Some analysts worry that the impact is being felt disproportionately by the most needy.

"It's disappointing, the extent they tend to focus their cuts on the most vulnerable," said Iris J. Lav, deputy director of the Washington-based Center on Budget and Policy Priorities, a liberal think tank that monitors state budget issues. "It does appear to disproportionately affect low-income people."

Unlike the federal government, which can run deficits, almost all states are required by their own laws and constitutions to balance their budgets. Many states are just now hammering out their budgets, so some targeted programs could still be saved in last-minute negotiations.

In most states, talk of raising taxes has become politically perilous, particularly with residents already hurting from falling housing values and a worsening economy.

Instead of raising taxes, most states with shortfalls are curtailing services, and the effects are already being felt nationwide. Some of the most dramatic cuts are being made in California, Maine and Rhode Island, according to budget experts, with New Jersey not far behind.

California is facing the worst budget crisis, with a $16 billion shortfall, and Gov. Arnold Schwarzenegger (R) has proposed a $4.8 billion cut in education services. About 20,000 teachers, counselors, librarians, nurses and other support staff members have received notice of potential layoffs, according to the state's Education Department.

Los Angeles, which has the state's largest school district and a $6 billion budget, faces a $460 million cut for the next school year -- the dollar equivalent of shutting down the entire district for two weeks.

In Thousand Oaks, Calif., the Conejo Valley Unified School District, home to 30 schools and 22,000 students, has already closed two elementary schools for next year. Superintendent Mario Contini said layoffs could be next. "School districts have been making cuts every year, and there isn't much left to cut," he said. "We've already cut the flesh to the bone, and now we're removing the skeletal parts. It's that severe."

Schwarzenegger has also proposed $650 million in cuts to the Healthy Families Program and Medi-Cal, which together provide health-care services to more than 7 million senior citizens, disabled people and children in the state. Adults under the Medi-Cal program would lose their dental benefits, as well as optometry and psychology services.

The California Department of Public Health is also facing an $11 million cut to AIDS services, with the bulk of that -- $7 million -- coming from a program that helps low-income Californians, such as Orozco, obtain lifesaving antiretroviral medicine.

Orozco had been paying $400 per month for the 15 daily medications he needs. But when his allotment under the program ran out, his share jumped to $3,200, and he could no longer afford five of the drugs.

"We want to continue to live, you know," he said. "We need to continue fighting what this is. I've been dealing with this since 1983. Every day, it's a fight. It's not easy. Either they help us do something to fight this, or we're going to die."

A recent 50-state survey by the Associated Press showed that hundreds of thousands of poor children, the disabled and the elderly stand to have their health coverage eliminated as a result of budget cuts, and more than 10 million people would lose access to dental care, specialists and name-brand prescription drugs.

Budget experts said they see a repeat of the pattern that happened during the recession of 2001: States generally cut health services and medical benefits first, because these costs are often rising more rapidly than others, and the savings tend to be immediate.

Subsidies to higher education are also a favored target for budget cuts -- mainly because policymakers often believe that universities can find money from other sources, such as private donations or higher tuition.

Budgets for parks and recreation, and for natural resources and science, also stand to take a hit.

In cash-strapped Michigan, dealing with the struggles of the automobile industry, the Department of Natural Resources is closing 20 campgrounds, including the highly popular and rustic Pinney Bridge State Forest Campground, considered one of the most beautiful in the Lower Peninsula. The department also plans to end its studies of fish populations in the Great Lakes, and 14 conservation officials are being laid off.

Hunters in Michigan will also find their license fees increased.

In Illinois, Gov. Rod Blagojevich (D) has proposed ending a popular controlled pheasant-hunting program at state sites. Outraged hunters have said that among those affected will be the young and the handicapped, who have access to special hunts under the state program.

Surdin reported from Los Angeles. Staff writer Kari Lydersen in Chicago contributed to this report.

Posted by alfred at 9:39 AM - No Comments   Add a Comment  
 
 Sadr Tells His Militia To Cease Hostilities
 

Washington Post Foreign Service
Monday, March 31, 2008; 7:26 AM

BAGHDAD, March 31 -- Shiite cleric Moqtada al-Sadr ordered his followers Sunday to lay down their arms and end six days of clashes against U.S. and Iraqi forces if the government agrees to release detainees and give amnesty to Sadr's fighters, among other demands. But after the statement, mortar attacks continued in Baghdad and Basra, and violence persisted in many pockets of the country.

A new mortar attack on the heavily-guarded Green Zone wounded four civilians on Monday, two of them severely, according to spokesman for the Iraqi Ministry of Interior. Damage in a number of government vehicles and buildings was also reported. A spokesman at the U.S. Embassy confirmed the attack, but he said it wasn't immediately clear if Americans were among the injured.

An Iraqi military adviser in Basra said the Mahdi Army seemed to have decreased its presence on the street, but that government crackdown on the city was continuing, with the military striking targets and making arrests.

Ali al-Dabbagh, a spokesman for the government, described Sadr's statement as a "positive step," but he said Iraqi security forces would continue to try to bring order to Basra, a southern oil center. A government offensive there against militias triggered clashes across southern Iraq and in Baghdad last week. Iraqi forces "will finish the job," Dabbagh said.

Sadr's nine-point statement instructed his Mahdi Army militia to cooperate with government efforts to achieve security, but stopped short of ordering them to turn in weapons to Iraqi security forces, as the government has demanded. Sadr also used the opening of the statement as a rallying cry against occupation forces, describing them as the "armies of darkness."

In exchange for an end to fighting, Sadr demanded that the government of Prime Minister Nouri al-Maliki release hundreds of detained Sadr followers not proven guilty of crimes. Over the past few months, Iraqi security forces have raided the homes of hundreds of Sadr followers, arresting and detaining them. Thousands more have fled. Sadr demanded that they be returned to their homes.

Mahdi Army commanders and fighters in Baghdad and across southern Iraq appeared to have mixed reactions. Some laid down their arms while others kept fighting.

The text of Sadr's statement was negotiated in the Iranian city of Qom between Sadr representatives and a group of lawmakers aligned with Maliki's ruling Shiite coalition. It came after Maliki, as well as Iraq's defense minister, acknowledged they had underestimated militia resistance in Basra. Although U.S. and British forces backed Iraqi troops in Basra with air power and special forces, the fighting has reached a stalemate, with militias still in control of large sections of the city.

Ali al-Adeeb, a prominent Shiite legislator in Maliki's Dawa party, said lawmakers are worried that the conflict is causing instability in the country that is not to "the benefit of all sides." He said he reassured the Sadr representatives that the Basra operation was not targeting political parties, as the Sadrists have alleged.

The escalating clashes threaten to collapse a cease-fire imposed by Sadr on his militiamen last August, one reason for tenuous security gains across Iraq in recent months. Contributing to the reduction in violence were a buildup of 30,000 U.S. troops and the rise of a Sunni movement that turned against the extremist insurgent group al-Qaeda in Iraq.

In 2004, Sadr's militiamen fought fierce battles in the Shiite holy city of Najaf, refusing to surrender or negotiate until Iraq's Grand Ayatollah Ali Sistani stepped in and brokered a truce. Today, Sadr appears more politically astute. If he succeeds in helping end the clashes, it could improve his standing ahead of provincial elections later this year.

The military said Sunday that U.S. troops, frequently backed by helicopters, killed at least 16 fighters who were either firing at U.S. ground patrols or rigging roadside bombs, car bombs or mortars. A U.S. soldier was killed in a roadside bomb attack north of Baghdad, and a Marine was killed by a roadside bomb in Anbar province, in western Iraq, the military reported. For the seventh day, rocket and mortar fire pounded the Green Zone, the U.S. and Iraqi government and military compound in the capital.

Iraqi security forces battled gunmen in Abu Dasheer, south of Baghdad, in clashes that killed nine gunmen and two police officers and wounded 33. Gunmen also attacked a joint checkpoint in Shulla in northwestern Baghdad, killing three policemen. Roadside bombs in western Baghdad killed three policemen.

Iraqi police also fought gunmen in Kirkuk in the north; five insurgents and two policemen died.

In his statement, Sadr dissociated his political movement from anyone carrying weapons targeting government forces or party offices. He ordered followers to end public displays of weapons in Basra and other Iraqi provinces. "The withdrawal according to Moqtada al-Sadr order will be carried out within 24 hours and not immediately, so do not be surprised if you will see armed men now in some streets," said Salah al-Ubaidi, Sadr's chief spokesman in Najaf.

Hazim al-Araji, a close aide to Sadr, told journalists in Najaf that the government had guaranteed that arrests and detentions of Sadr followers would stop. But it remained to be seen whether fighters in Sadr's decentralized militia would heed his orders.

In the city of Kut, Jafar Abu Sadiq, a senior Sadr leader, said the Mahdi Army had withdrawn half its forces but remained poised for battle. "They are worried that if they withdraw, the Iraqi forces might attack them and detain them. And by the way, a few minutes ago 15 Mahdi Army men were arrested and two others were killed by the Iraqi forces," Sadiq said. "We do not trust them."

In the city of Diwaniyah, south of Baghdad, Sadr militiamen withdrew from the streets to their homes and farms. But they were still concerned about the Badr Brigade, the armed wing of the Islamic Supreme Council of Iraq, Sadr's chief Shiite rival.

In the adjacent cities of Najaf and Kufa, police returned to checkpoints as fighters withdrew. And in several areas of Baghdad, Mahdi Army fighters and commanders indicated that they would obey Sadr's orders.

"But of course, we want guarantees from the government that they will not carry out a detention campaign," said Abu Mohammed al-Bahadili, a fighter in Baghdad's Hay al-Amil neighborhood.

He interpreted the government's overtures to Sadr as a sign of weakness -- that it is unable to defeat the Mahdi Army. "The fighting has proved they have learned a lesson," Bahadili said. "The government is dead from our point of view."

In Basra, Ali Abdel-Amir, a 25-year-old leader of a Mahdi Army unit, said he would immediately pull back men from their positions. "I will obey this order and will order my fighters to pull out," he said. But residents said they saw Mahdi Army militiamen continuing to battle Iraqi security forces.

Special correspondents Saad Sarhan in Najaf, Aahad Ali in Basra and Naseer Nouri, Zaid Sabah and K.I. Ibrahim in Baghdad contributed to this report.

Posted by alfred at 8:08 AM - No Comments   Add a Comment  
 
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