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Profile: Stuart W. Bowen
Stuart W. Bowen was a participant or observer in the following events:
At a private lunch meeting, Vice President Cheney presents President Bush with a four-page memo, written in strict secrecy by lawyer John Yoo of the Justice Department’s Office of Legal Counsel (see November 6-10, 2001), and a draft executive order that establishes military commissions for the trial of suspected terrorists (see November 10, 2001). The legal brief mandates that foreign terrorism suspects held in US custody have no access to any courts whatsoever, civil, criminal, military, domestic, or foreign. They can be detained indefinitely without charges. If they are to be tried, they can be tried in closed “military commissions.” [White House, 11/13/2001; Savage, 2007, pp. 138; Washington Post, 6/24/2007]
Military Commissions Suitable to 'Unitary Executive' Agenda - According to author Craig Unger, military commissions are a key element of Cheney’s drive towards a “unitary executive,” the accretion of governmental powers to the presidency at the expense of the legislative and judicial branches. Federal trials for terror suspects would put them under all the legal procedures provided under the US judicial system, an unacceptable alternative. Military courts-martial would give them the rights granted by the Geneva Conventions. Military commissions, however, are essentially tribunals operating outside of both civilian and military law. Defendants have few rights. Secret evidence can be admitted without being disclosed to the defendants. Hearsay and coerced testimony are admissible. Prisoners can be held indefinitely. [Unger, 2007, pp. 221-222]
No Bureaucratic Footprints - After Bush peruses the memo and the draft order, Cheney takes them back with him to his office. After leaving Bush, Cheney takes extraordinary steps to ensure that no evidence of his involvement remains. The order passes from Cheney to his chief counsel David Addington, and then to associate White House counsel Bradford Berenson. At Berenson, the provenance of the order breaks, as no one tells him of its origin. Berenson rushes the order to deputy staff secretary Stuart Bowen with instructions to prepare it for signature immediately, without advance distribution to Bush’s top advisers. Bowen objects, saying that he had handled thousands of presidential documents without ever sidestepping the strict procedures governing coordination and review. Bowen relents only after being subjected to what he will later recall as “rapid, urgent persuasion” that Bush is standing by to sign and that the order is too sensitive to delay. Berenson will later say he understood that “someone had briefed” Bush “and gone over it” already. “I don’t know who that was.” When it is returned to Bush’s office later in the day, Bush signs it immediately (see November 13, 2001). Virtually no one else has seen the text of the memo. The Cheney/Yoo proposal has become a military order from the commander in chief.
Dodging Proper Channels - The government has had an interagency working group, headed by Pierre Prosper, the ambassador at large for war crimes, working on the same question (see Shortly Before September 23, 2001). But Cheney and Addington have refused to have any contact with Prosper’s group; one of Cheney’s team later says, “The interagency [group] was just constipated.” Cheney leapfrogged over Prosper’s group with their own proposal, performing an adroit bureaucratic move that puts their proposal in place without any oversight whatsoever, and cutting Prosper’s group entirely out of the process. When the news of the order is broadcast on CNN, Secretary of State Colin Powell demands, “What the hell just happened?” An angry Condoleezza Rice, the president’s national security adviser, sends an aide to find out. Virtually no one, even witnesses to the presidential signing, know that Cheney promulgated the order. In 2007, Washington Post reporters Barton Gellman and Jo Becker will call the episode “a defining moment in Cheney’s tenure” as vice president. Cheney has little Constitutional power, but his deft behind-the-scenes manuevering and skilled bureaucratic gamesmanship enable him to pull off coups like this one, often leaving even the highest White House officials none the wiser. “[H]e has found a ready patron in George W. Bush for edge-of-the-envelope views on executive supremacy that previous presidents did not assert,” the reporters write. [White House, 11/13/2001; Unger, 2007, pp. 221-222; Washington Post, 6/24/2007]
Quiet Contravening of US Law - Six years later, Unger will observe that few inside or outside Washington realize that Cheney has, within a matter of days, contravened and discarded two centuries of American law. He has given the president, in the words of former Justice Department lawyer Bruce Fein, “the functions of judge, jury, and prosecutor in the trial of war crimes [and] the authority to detain American citizens as enemy combatants indefinitely… a frightening power indistinguishable from King Louis XIV’s execrated lettres de cachet that occasioned the storming of the Bastille.” [Unger, 2007, pp. 223-224]
Entity Tags: Stuart W. Bowen, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Justice, John C. Yoo, David S. Addington, George W. Bush, Barton Gellman, Bradford Berenson, Jo Becker, Bruce Fein, Condoleezza Rice, Craig Unger, Colin Powell, Pierre-Richard Prosper
Timeline Tags: Civil Liberties
Stuart W. Bowen. [Source: PBS]A report completed by Stuart W. Bowen, the Special Inspector General for Iraq Reconstruction, finds that $8.8 billion of the $20 billion in Iraqi funds that the Coalition Provisional Authority spent between April 16, 2003 and June 28, 2004 is unaccounted for because of inefficiencies and bad management. “Severe inefficiencies and poor management” by the Coalition Provisional Authority has “left auditors with no guarantee the money was properly used,” the report says. The reports says that in once case, it’s possible that thousands of “ghost employees” were on an unnamed ministry’s payroll. “CPA staff identified at one ministry that although 8,206 guards were on the payroll, only 602 guards could be validated,” the audit report states. “Consequently, there was no assurance funds were not provided for ghost employees.” [Special Inspector General for Iraq Reconstruction, 1/30/2005, pp. 16 ; CNN, 1/31/2005] Two years after the release of this report, the inspector general will tell Congressman Henry Waxman (D-Ca) that the $8.8 billion figure was in fact too low because his investigation was limited to funds disbursed to Iraqi ministries between October 2003 and June 24, 2004. Bowen will tell Waxman that he believes that the lack of accountability and transparency actually extended to the entire $20 billion spent by the CPA. [US Congress, 2/6/2007, pp. 16 ]
A Senate panel finds that billions of taxpayer dollars have been wasted in reconstruction efforts throughout Iraq through fraud, corruption, incompetence, and outright theft. The panel, led by independent Democrat Joseph Lieberman and moderate Republican Susan Collins, say they are considering legislation to create a commission to help fix problems after investigators found confusion and disarray in the four-year-old Iraq reconstruction effort. Lieberman observes, "Where we’ve seen failure is when the US government failed to plan projects carefully and then failed to keep a close watch over contractors and now we’ve seen billions of dollars wasted—a cost measured not just in dollars but in the undermining of the overall US mission in these war-torn countries." Inspector General Stuart Bowen’s latest report on the occupation’s reconstruction efforts found that nearly $400 billion had either been wasted or simply disappeared, though Bowen’s report was careful not to make allegations of outright criminality. Bowen’s report primarily blames confusion, disarray, and incompetence in joint efforts between the rival Defense and State Departments. "Anyone who has spent appreciative time in the Iraq reconstructive effort understands the tension that exists between the two," Bowen says. Bowen’s latest report finds, among other things, that a Defense Department agency charged with running the reconstruction effort never developed a fully coordinated plan upon members’ arrival in 2003, leading to confusion and duplication of effort. "We were bumping into one another as we tried to solve the same problem,” a former agency official is quoted as saying. Money flowed to reconstruction projects before procedures, training and staffing were fully in place, resulting in a "lack of clearly defined authorities" and little accountability in terms of how dollars were being spent. There was little oversight to ensure that Iraqi companies hired to do reconstruction work operated according to international standards. Earlier this year, federal investigators determined that the Bush administration had squandered as much as $10 billion in reconstruction aid in part because of poor planning and contract oversight, resulting in contractor overcharges and unsupported expenses. [Associated Press, 3/22/2007]
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