Alan K. Henderson's Weblog

"Jeopardy!" host Alex Trebek escaped injury when he apparently fell asleep at the wheel of his pickup truck, sideswiped a string of mailboxes and sailed over an embankment into a ditch, authorities said.

Last week Palm Beach County prosecutors released confidential information showing that the conservative radio host initiated plea negotiations but failed to cut a deal.

Without having charged him with anything, they cast the suspicion of guilt over Limbaugh by revealing that he was willing to bargain.

Whether you love him or hate him, what's happening to Limbaugh is scary. Negotiations for a possible plea agreement are generally thought to be confidential. And they should be. Without a good-faith belief that such preliminary conversations will remain confidential, no defendant would engage in them and the justice system would slow to a crawl.

Think, too, of how such information could taint prospective jurors: If they hear that someone considered a plea bargain, they may well begin their deliberations with a presumption of guilt, not innocence.

The ACLU's request to submit a "friend-of-the-court" brief on behalf of Limbaugh was filed today with the Fourth District Court of Appeal. The ACLU said in its motion that the state infringed on Florida's constitutional right to privacy when it failed to follow well-established protocol, mandated by law, when confiscating Limbaugh's medical files. The organization stated that its interest in the case was "to vindicate every Floridian's fundamental right to privacy by ensuring that the state be required to comply" with the law.

Because of heightened concerns about medical privacy, the Florida Legislature mandated a process – outlined in Sections 456.057(5)(a) and 395.3025(4)(d) of the Florida Statutes – that requires law enforcement officers to notify the person whose medical records they seek to obtain and give that person the opportunity to object before the subpoena is issued and before the records are seized.

"The legislature has enacted procedures that carefully balance the interests of law enforcement against the right of every citizen to maintain the privacy of their communications with their physician," said Ft. Lauderdale attorney Jon May, who is serving as counsel for the ACLU. "In this case the State Attorney has circumvented this carefully crafted scheme. If the state can do this to Rush Limbaugh, then the privacy rights of every citizen in Florida are in jeopardy."

Pain is woefully undertreated in Florida and elsewhere. The amici are organizations that advocate for improvements in pain management and pain management access. All are deeply aware of the costs of loss of physician-patient confidentiality and patient privacy that the subpoenae at issue here represent. Amici request leave to participate so as to inform the court of the importance and immediacy of these issues to health care in Florida. Much more is at stake than the furtherance of a routine drug investigation...

One of the reasons that pain is undertreated is that doctors fear legal and regulatory consequences. Florida has become one of the epicenters of physician prosecution. The consequence is that many Florida physicians flatly refuse to prescribe opioids -- oxycodone, morphine, methadone and the like -- for pain even when they are clearly indicated. This climate of fear distorts the physician-patient relationship, medical decision-making, and medical ethics. It causes great suffering and virtually forces chronic pain patients into the hinterlands of medical care. It is also costly for the State in terms of medical care and claims.

Pain patients who are fortunate enough to find a doctor who is sufficiently compassionate and brave to prescribe opioid medications absolutely require medical records and doctor-patient communication privacy. They are stigmatized as "addicts". The fact that a patient is known to be taking opioids -- particularly OxyContin -- can be grounds for loss of employment, family and social approbation and great personal distress. In this light, todayÂ’s pain patients are as vulnerable to discrimination as HIV-positive persons were twenty years ago. They are also vulnerable to misinformed law enforcement, which also equates them with addicts.

Kgosie Matthews [a citizen of South Africa] is said to have been paid as much as $15,000 per month even though he lacked legal work authorization. He was in the US on a visa which only permitted him to work for a specific employer in the US. To work for a different employer, Matthews would have had to have gotten the new employer to file for a change of status.

But Moseley-Braun's term in office was also marked by scandal. Even before she came to Washington, rumors had surfaced that her campaign manager and then-fiancé, Kgosie Matthews, to whom she had been paying $15,000 a month, had sexually harassed several campaign staffers. Moseley-Braun defended Matthews against these allegations and embarked on a month-long journey to Africa with him before she took office.

Then in 1993 the Federal Election Commission launched a probe into her election campaign, which had $249,000 in unaccounted expenditures. The FEC investigated charges that Moseley-Braun had diverted these funds for personal trips and shopping sprees for herself and Matthews. Although the FEC eventually found that Moseley-Braun had failed to properly itemize and disclose thousands of dollars of campaign expenditures, the agency declined to take action.

The final straw may have been a trip she made to Nigeria in 1996, which incited fervent criticism from a broad coalition of government officials, leaders of the black community and human rights groups. In August of that year, Moseley-Braun and Matthews, without the knowledge of the Clinton Administration or the state department, visited the military dictator Sani Abacha, whose regime had been condemned for its human rights abuses and political corruption. To make matters worse, it was later shown that Matthews worked as a lobbyist for a beltway law firm which represented Nigeria.

Pelosi: The state of our union is indeed strong, due to the spirit of the American people -- the creativity, optimism, hard work and faith of everyday Americans.

The State of the Union address should offer a vision that unites us as a people -- and priorities that move us toward the best America.

For inspiration, we look to our brave young men and women in uniform, especially those in Iraq and Afghanistan. Their noble service reminds us of our mission as a nation: to build a future worthy of their sacrifice.

Tonight, from the perspective of ten years of experience on the Intelligence Committee working on national security issues, I express the Democrats' unbending determination to make the world safer for America, for our people, our interests and our ideals.

Democrats have an unwavering commitment to ensure that America's armed forces remain the best trained, best led, best equipped force for peace the world has ever known. Never before have we been more powerful militarily. But even the most powerful nation in history must bring other nations to our side to meet common dangers.

The president's policies do not reflect that. He has pursued a go-it-alone foreign policy that leaves us isolated abroad...

...and that steals the resources we need for education and health care here at home.

The president led us into the Iraq war on the basis of unproven assertions without evidence;

he embraced a radical doctrine of preemptive war unprecedented in our history;

and he failed to build a true international coalition.

Therefore, American taxpayers are bearing almost all the cost, a colossal $120 billion and rising. More importantly, American troops are enduring almost all the casualties -- tragically, 500 killed and thousands more wounded.

As a nation, we must show our greatness, not just our strength. America must be a light to the world, not just a missile.

Forty-three years ago today, as a college student standing in the freezing cold outside this Capitol building, I heard President Kennedy issue this challenge in his inaugural address: "My fellow citizens of the world," he said, "ask not what America will do for you, but what together we can do for the freedom of man."

There is great wisdom in that, but in it there is also greater strength for our country and the cause of a safer world. Instead of alienating our allies...

...let us work with them and international institutions so that together we can prevent the proliferation of weapons of mass destruction and keep them out of the hands of terrorists.

Instead of billions of dollars in no-bid contracts for politically connected firms such as Halliburton, and an insistence on American dominance in Iraq, let us share the burden and responsibility with others, so that together we can end the sense of American occupation and bring our troops home safely when their mission is completed.

Instead of the diplomatic disengagement that almost destroyed the Middle East peace process...

...and aggravated the danger posed by North Korea...

...let us seek to forge agreements and coalitions so that, together with others, we can address challenges before they threaten the security of the world.

We must remain focused on the greatest threat to the security of the United States, the clear and present danger of terrorism. We know what we must do to protect America, but this administration is failing to meet the challenge. Democrats have a better way to ensure our homeland security.

One hundred percent of containers coming into our ports or airports must be inspected. Today, only 3 percent are inspected.

One hundred percent of chemical and nuclear plants in the United States must have high levels of security. Today, the Bush administration has tolerated a much lower standard.

One hundred percent communication in real time is needed for our police officers, firefighters and all our first responders to prevent or respond to a terrorist attack. Today, the technology is there, but the resources are not.

One hundred percent of the enriched uranium and other material for weapons of mass destruction must be secured. Today, the administration has refused to commit the resources necessary to prevent it from falling into the hands of terrorists.

America will be far safer if we reduce the chances of a terrorist attack in one of our cities than if we diminish the civil liberties of our own people.

As a nation, we must do better to keep faith with our armed forces, their families and our veterans. Our men and women in uniform show their valor every day. On the battlefield, our troops pledge to leave no soldier behind. Here at home, we must leave no veteran behind. We must ensure their health care, their pensions and their survivors' benefits.

The year ahead offers great opportunity for progress and perhaps new perils still hidden in the shadows of an uncertain world. But you, the American people, have shown again and again that you are equal to any test. Now your example summons all of us in government, Republicans and Democrats, to a higher standard.

This is personal for all of us, in every community across this land. As a mother of five, and now as a grandmother of five, I came into government to help make the future brighter for all of America's children. As much as at any time in my memory, the future of our country and our children is at stake.

Democrats are committed to strengthening the state of our union...

...to reach for a safer...

...more prosperous America.

Together, let us make America work for all Americans;

...let us restore our rightful role of leadership in the world, working with others for "the freedom of man."

I'm now proud to introduce my colleague, the outstanding Senate Democratic leader, Tom Daschle.

Daschle:Let there be no doubt: the state of our union is strong -- stronger than the terrorists who seek to harm us and stronger than the challenges that confront us. At the same time, we know that our union can be stronger still.

The president spoke of great goals, and America should never hesitate to push the boundaries of exploration. But neither should we shrink from the great goal of creating a more perfect union here at home.

In his speech, the president asked us to make permanent the tax cuts already passed. He asked us to create more tax shelters for the wealthy...

and he asked us to use Social Security money to pay for it.

For the last couple of weeks, I've been traveling through my home state of South Dakota, visiting the people and small towns that are America's backbone. And the folks I met were asking something, too: "What about us? When do our priorities become America's priorities?"

Rather than a society that restricts its rewards to a privileged few, we need an "opportunity society" that allows all Americans to succeed. Our "opportunity society" has at its foundation good jobs, a solid education and quality health care that is affordable and available. We believe that we have to honor the promises we've made to the millions of families who worked hard, played by the rules and have earned a retirement of dignity.

Our first challenge is to strengthen the economy, the right way. The true test of America's economic recovery is not measured simply in quarterly profit reports; it's measured in jobs. The massive tax cuts that were supposed to spark an economic expansion have instead led to an economic exodus. To make up for the 3 million private-sector jobs that have been lost on President Bush's watch, the economy would have to create 226,000 jobs a month through the end of his term. Last month, the economy created only 1,000 new jobs. That's not good enough.

America can't afford to keep rewarding the accumulation of wealth over the dignity of work.

Instead of borrowing even more money to give more tax breaks to companies so that they can export even more jobs, we propose tax cuts and policies that will strengthen our manufacturing sector and create good jobs at good wages here at home.

We can also show our patriotism while strengthening agriculture and rural America by labeling all food products with their country of origin.

Education is the second key to our "opportunity society." Two years ago, the president signed a new education law. The heart of that law was a promise: The federal government would set high standards for every student, and hold schools responsible for results. In exchange, schools would receive the resources to meet the new standards. America's schools are holding up their end of the bargain; the president has not held up his. Millions of children are being denied the better teachers, smaller classes and extra help they were promised.

At the same time, the president's tax cuts have put states in such a bind that they're being forced to raise the cost of college.

Since President Bush took office, the average tuition at a four-year public college has increased by nearly $600. The America our parents gave us was a place in which everyone had a chance to go to a good school, and then to college, community college or vocational school, regardless of family income. Our children deserve nothing less.

Third, our "opportunity society" is built on the belief that affordable, available health care is not a luxury, but a basic foundation of a truly compassionate society.

Today, 43.6 million Americans -- almost all of them from working families -- have no health insurance. That's over 3.8 million more than when President Bush took office. Those Americans lucky enough to have health insurance have seen their premiums go up each of the last three years. The increase in premiums that middle-income families have seen over the past three years is larger than the four-year tax cut they've been promised. This is an invisible tax increase on middle-class families.

Tonight, three years into his administration, the president acknowledged that the rapidly rising cost of health care and the increasing number of Americans with no health coverage are problems. But the solutions he proposed -- more tax cuts -- are not the right ones. More tax cuts will do little to make health care more affordable or reduce the number of people without insurance, and they will weaken health coverage for those who now have it.

When I was driving around South Dakota this summer, I met a nurse in Sioux Falls who has cancer. She told me that she couldn't afford the $1,500 a month her drugs cost. She told me that she was going to die, that she was a lost cause. But, she said, we must solve this problem; don't turn more people into lost causes.

We believe that the federal government should use the power of 40 million Americans to lower prescription drug prices and to allow us to get more affordable drugs from Canada instead of forbidding both. Drug companies and insurance companies are the only ones who benefit from that restriction, not the American people, and that's why we want to change it.

And in our vision of an "opportunity society," promises made to those who have worked a lifetime will be honored in retirement. That's why we believe that America's pension system needs to be strengthened, and Social Security's benefit should a guarantee, not a gamble.

Only when every American who wants to work, can;

only when health care is available and affordable for every American,

...when a lifetime of work guarantees a retirement with dignity,

...and when America is secure at home and our strength abroad is respected and not resented;

...only then will we have a union as strong as the American people. That's the America we want to build, because that's the union the American people deserve. Thank you for listening, good night, and God bless America.

As we gather tonight, hundreds of thousands of American servicemen and women are deployed across the world in the war on terror. By bringing hope to the oppressed, and delivering justice to the violent, they are making America more secure.

Americans are proving once again to be the hardest working people in the world. The American economy is growing stronger. The tax relief you passed is working.

Tonight, members of Congress can take pride in the great works of compassion and reform that skeptics had thought impossible. You're raising the standards for our public schools...

...and you are giving our senior citizens prescription drug coverage under Medicare.

We can press on with economic growth, and reforms in education and Medicare, or we can turn back to old policies and old divisions.

The killing has continued in Bali, Jakarta, Casablanca, Riyadh, Mombasa, Jerusalem, Istanbul, and Baghdad. The terrorists continue to plot against America and the civilized world. And by our will and courage, this danger will be defeated.

Inside the United States, where the war began...

...we must continue to give our homeland security and law enforcement personnel every tool they need to defend us. And one of those essential tools is the Patriot Act, which allows federal law enforcement to better share information, to track terrorists, to disrupt their cells, and to seize their assets. For years, we have used similar provisions to catch embezzlers and drug traffickers.

The first to see our determination were the Taliban, who made Afghanistan the primary training base of al Qaeda killers. As of this month, that country has a new constitution, guaranteeing free elections and full participation by women. Businesses are opening, health care centers are being established, and the boys and girls of Afghanistan are back in school. With the help from the new Afghan army, our coalition is leading aggressive raids against the surviving members of the Taliban and al Qaeda. The men and women of Afghanistan are building a nation that is free and proud and fighting terror -- and America is honored to be their friend.

Since we last met in this chamber, combat forces of the United States, Great Britain, Australia, Poland and other countries enforced the demands of the United Nations...

...ended the rule of Saddam Hussein, and the people of Iraq are free.

The once all-powerful ruler of Iraq was found in a hole, and now sits in a prison cell. Of the top 55 officials of the former regime, we have captured or killed 45. Our forces are on the offensive, leading over 1,600 patrols a day and conducting an average of 180 raids a week.

The work of building a new Iraq is hard, and it is right. And America has always been willing to do what it takes for what is right.

As democracy takes hold in Iraq, the enemies of freedom will do all in their power to spread violence and fear. They are trying to shake the will of our country and our friends, but the United States of America will never be intimidated by thugs and assassins. The killers will fail, and the Iraqi people will live in freedom.

Last month, the leader of Libya voluntarily pledged to disclose and dismantle all of his regime's weapons of mass destruction programs, including a uranium enrichment project for nuclear weapons. Colonel Qadhafi correctly judged that his country would be better off and far more secure without weapons of mass murder.

Different threats require different strategies. Along with nations in the region, we're insisting that North Korea eliminate its nuclear program. America and the international community are demanding that Iran meet its commitments and not develop nuclear weapons. America is committed to keeping the world's most dangerous weapons out of the hands of the most dangerous regimes.

Many of our troops are listening tonight. And I want you and your families to know: America is proud of you. And my administration, and this Congress, will give you the resources you need to fight and win the war on terror.

I know that some people question if America is really in a war at all. They view terrorism more as a crime, a problem to be solved mainly with law enforcement and indictments. After the World Trade Center was first attacked in 1993, some of the guilty were indicted and tried and convicted, and sent to prison. But the matter was not settled. The terrorists were still training and plotting in other nations, and drawing up more ambitious plans.

After the chaos and carnage of September the 11th, it is not enough to serve our enemies with legal papers. The terrorists and their supporters declared war on the United States, and war is what they got.

Some in this chamber, and in our country, did not support the liberation of Iraq. Objections to war often come from principled motives. But let us be candid about the consequences of leaving Saddam Hussein in power. We're seeking all the facts. Already, the Kay Report identified dozens of weapons of mass destruction-related program activities and significant amounts of equipment that Iraq concealed from the United Nations. Had we failed to act, the dictator's weapons of mass destruction programs would continue to this day. Had we failed to act, Security Council resolutions on Iraq would have been revealed as empty threats, weakening the United Nations and encouraging defiance by dictators around the world. Iraq's torture chambers would still be filled with victims, terrified and innocent. The killing fields of Iraq -- where hundreds of thousands of men and women and children vanished into the sands -- would still be known only to the killers.

Some critics have said our duties in Iraq must be internationalized. This particular criticism is hard to explain to our partners in Britain, Australia, Japan, South Korea, the Philippines, Thailand, Italy, Spain, Poland, Denmark, Hungary, Bulgaria, Ukraine, Romania, the Netherlands, Norway, El Salvador, and the 17 other countries that have committed troops to Iraq.

From the beginning, America has sought international support for our operations in Afghanistan and Iraq, and we have gained much support. There is a difference, however, between leading a coalition of many nations, and submitting to the objections of a few. America will never seek a permission slip to defend the security of our country.

We also hear doubts that democracy is a realistic goal for the greater Middle East, where freedom is rare. Yet it is mistaken, and condescending, to assume that whole cultures and great religions are incompatible with liberty and self-government. I believe that God has planted in every human heart the desire to live in freedom. And even when that desire is crushed by tyranny for decades, it will rise again.

To cut through the barriers of hateful propaganda [in the Middle East], the Voice of America and other broadcast services are expanding their programming in Arabic and Persian...

America is a nation with a mission, and that mission comes from our most basic beliefs. We have no desire to dominate, no ambitions of empire. Our aim is a democratic peace -- a peace founded upon the dignity and rights of every man and woman. America acts in this cause with friends and allies at our side, yet we understand our special calling: This great republic will lead the cause of freedom.

You have doubled the child tax credit from $500 to $1,000, reduced the marriage penalty, begun to phase out the death tax, reduced taxes on capital gains and stock dividends, cut taxes on small businesses, and you have lowered taxes for every American who pays income taxes.

Americans took those dollars and put them to work, driving this economy forward. The pace of economic growth in the third quarter of 2003 was the fastest in nearly 20 years; new home construction, the highest in almost 20 years; home ownership rates, the highest ever. Manufacturing activity is increasing. Inflation is low. Interest rates are low. Exports are growing. Productivity is high, and jobs are on the rise.

All skills begin with the basics of reading and math, which are supposed to be learned in the early grades of our schools. Yet for too long, for too many children, those skills were never mastered. By passing the No Child Left Behind Act, you have made the expectation of literacy the law of our country. We're providing more funding for our schools -- a 36-percent increase since 2001. We're requiring higher standards. We are regularly testing every child on the fundamentals. We are reporting results to parents, and making sure they have better options when schools are not performing. We are making progress toward excellence for every child in America.

At the same time, we must ensure that older students and adults can gain the skills they need to find work now.

My administration is promoting free and fair trade to open up new markets for America's entrepreneurs and manufacturers and farmers -- to create jobs for American workers. Younger workers should have the opportunity to build a nest egg by saving part of their Social Security taxes in a personal retirement account. We should make the Social Security system a source of ownership for the American people. And we should limit the burden of government on this economy by acting as good stewards of taxpayers' dollars.

In two weeks, I will send you a budget that funds the war, protects the homeland, and meets important domestic needs, while limiting the growth in discretionary spending to less than 4 percent. This will require that Congress focus on priorities, cut wasteful spending, and be wise with the people's money. By doing so, we can cut the deficit in half over the next five years.

I oppose amnesty, because it would encourage further illegal immigration, and unfairly reward those who break our laws. My temporary worker program will preserve the citizenship path for those who respect the law, while bringing millions of hardworking men and women out from the shadows of American life.

A government-run health care system is the wrong prescription.

By executive order, I have opened billions of dollars in grant money to competition that includes faith-based charities. Tonight I ask you to codify this into law, so people of faith can know that the law will never discriminate against them again.

In the past, we've worked together to bring mentors to children of prisoners, and provide treatment for the addicted, and help for the homeless. Tonight I ask you to consider another group of Americans in need of help. This year, some 600,000 inmates will be released from prison back into society. We know from long experience that if they can't find work, or a home, or help, they are much more likely to commit crime and return to prison. So tonight, I propose a four-year, $300 million prisoner re-entry initiative to expand job training and placement services, to provide transitional housing, and to help newly released prisoners get mentoring, including from faith-based groups. America is the land of second chance, and when the gates of the prison open, the path ahead should lead to a better life.

For all Americans, the last three years have brought tests we did not ask for...

...and achievements shared by all.

Last month a girl in Lincoln, Rhode Island, sent me a letter. It began, "Dear George W. Bush. If there's anything you know, I, Ashley Pearson, age 10, can do to help anyone, please send me a letter and tell me what I can do to save our country." She added this P.S.: "If you can send a letter to the troops, please put, 'Ashley Pearson believes in you.'"

Tonight, Ashley, your message to our troops has just been conveyed. And, yes, you have some duties yourself. Study hard in school, listen to your mom or dad, help someone in need, and when you and your friends see a man or woman in uniform, say, "thank you." And, Ashley, while you do your part, all of us here in this great chamber will do our best to keep you and the rest of America safe and free.

The Oscar-winning actress told a British publication: "I worry about bringing up a child in America. At the moment, there's a weird, over-patriotic atmosphere over there, like, ‘We're number one and the rest of the world doesn't matter.'"

If frantic flag-waving weren't enough, the nation apparently is awash in firearms. "And the guns in school – it's not great," Paltrow complained. You'd think the legendary gun lobby was handing out assault rifles at the schoolhouse door. (Blame not the NRA, but the ACLU and other proponents of permissiveness, for violence in our schools.)

U.S. and Iraqi officials asked the United Nations on Monday to send a team to study the possibility of holding elections in Iraq, a key issue in Washington's dispute with a leading Shiite cleric over plans for creating a transitional government by July 1.

For more than twelve years, civilians in Somalia have been punished by cycles of violence, displacement, drought, and flooding. With no recognized central government, these factors have brought agricultural development to a standstill, perpetuated extreme poverty, and forced millions of Somalis into a hand-to-mouth form of survival. Of more than 800,000 people who fled Somalia in 1991 and 1992, during the heart of the crisis that began the nation's downward spiral, almost half are still living as refugees in surrounding countries.

Inside Somalia, up to 450,000 people remain displaced, with 150,000 scraping together an unstable existence in camps in the capital Mogadishu. Civilians are still routinely caught in frequent armed clashes between the myriad of clan-based militias that remain active throughout much of the country.

With no working government and little outside support, the already poor health care system has ceased to function in many areas. This has hit women's health especially hard: more women die in childbirth in Somalia than almost anywhere else on earth. Low vaccination coverage and inadequate sanitary conditions result in frequent cholera and measles outbreaks in the country.

Rarely is there anyone there to provide assistance. Persistent violence and a lack of international funding have hindered aid agencies from mounting an effective response to the immense needs in the country.

"We expect parents to work in the best interest of the kids. We’re working in the best interest of the teachers."– Hudson (Ohio) Education Association President David Spohn. (October 9 Akron Beacon Journal)

"If she had lived, Mary Jo Kopechne would be 62 years old. Through his tireless work as a legislator, Edward Kennedy would have brought comfort to her in her old age."

– Charles Pierce in a January 5 Boston Globe Magazine article. Kopechne drowned while trapped in Kennedy's submerged car off Chappaquiddick Island in July 1969, an accident Kennedy did not report for several hours.

Diane Sawyer: "I read this morning that he's [Saddam Hussein] also said the love that the Iraqis have for him is so much greater than anything Americans feel for their President because he's been loved for 35 years, he says, the whole 35 years."
Dan Harris in Baghdad: "He is one to point out quite frequently that he is part of a historical trend in this country of restoring Iraq to its greatness, its historical greatness. He points out frequently that he was elected with a hundred percent margin recently."

– ABC's Good Morning America, March 7.