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11: George W. Bush Appoints Former Criminals to Key Government Roles Some companies have already triumphed in their quest to acquire financial compensation for the loss of potential profit. In 2000, the Metaclad Corporation won a suit against the Mexican government. The outcome of the case means that US$16.7 mil- lion of Mexican taxpayers’ money will go to Metaclad in compen- sation for profits lost because the government stopped it from building a toxic waste dump. (Sources: The Nation, October 15, 2001; Terrain, Fall 2001) ince becoming US President, George W. Bush has brought 2000, the Metaclad Corporation won a suit against the Mexican back into government service men who were discredited by government. The outcome of the case means that US$16.7 mil- criminal involvement in the Iran-Contra affair, lying to Congress lion of Mexican taxpayers’ money will go to Metaclad in compen- and other felonies while working for his father, George Bush, sation for profits lost because the government stopped it from Senior, and Ronald Reagan. building a toxic waste dump. In February 2001, John Poindexter was appointed to head the (Sources: The Nation, October 15, 2001; Terrain, Fall 2001) new Information Awareness Office (IAO), an offshoot of the Pentagon-based Defense Advanced Research Projects Agency 13: Henry Kissinger and Gerald Ford Lied to the (DARPA). After serving as Reagan's National Security Advisor, | American Public about East Timor John Poindexter was charged and found guilty of conspiracy, lhe release of previously classified obstruction of justice and the destruc- documents makes it clear that for- tion of evidence as he played a central mer US President Gerald Ford and role in the Iran-Contra affair. Costa Secretary of State Henry Kissinger, in Rica has officially declared Poindexter a face-to-face meeting in Jakarta, gave to be a drug trafficker, and has barred According to Amnesty then-President Suharto the green light him from entering the country. A 7 for the 1975 invasion of East Timor. Elliot Abrams was recently appointed International, East Timor According to documents released by to the National Security Coun (NSC) represents one of the worst the National wor the Deh (NSA) as Director of its Office for Democracy, . . in December the 26th anniver- Human Rights and International cases of genocide in the sary of Indonesia's invasion of East Relations. In 1991, Abrams pleaded 20th century. Timor), Suharto told Ford during their guilty to withholding evidence from talks on December 6, 1975, that "We rongress regain ns role in the want your unders/anding if w owas ran—Contra affair. s Reagan's eemed necessary to take rapid or Assistant Secretary of State for Human drastic action [in East Timor]". Rights and Humanitarian Affairs, he used For years, Henry Kissinger has to oversee US foreign policy in Latin America and was active in denied that any discussion of East Timor took place in Jakarta. covering up some of the worst atrocities committed by the US- The newly released dialogue between the three adds significantly sponsored Contras. According to congressional records, under to what is known about the role the US played in condoning the Abrams's watch the Contras "raped, tortured and killed unarmed _ Indonesian invasion. The dialogue was part of a batch of docu- civilians, including children" and "groups of civilians, including ments on US policy affecting East Timor, obtained through the women and children, were burned, dismembered, blinded and National Security Archive. beheaded". George Bush, Senior, subsequently pardoned him. Indonesia invaded East Timor the day after Ford and Kissinger (Sources: The Nation, May 7, 2001; In These Times, August 6, 2001; left. As many as 230,000 East Timorese died as a result of Extra!, September/October 2001; The Guardian, February 8, 2002) Indonesia's invasion and the 23-year occupation of the country. As much as one third of the population died as a result of starva- 12: NAFTA's Chapter 11 Overrides Public Protection tion and disease caused by counterinsurgency operations carried Laws of Countries out by the Indonesian Army from 1976 to 1999. ertain investor protections in NAFTA (North American Free According to Amnesty International, East Timor represents one Trade Agreement) are giving business investors new power of the worst cases of genocide in the 20th century. over sovereign nations and providing an expansive new definition (Source: Asheville Global Report, December 13, 2001) According to Amnesty International, East Timor cases of genocide in the 20th century. 12: NAFTA's Chapter 11 Overrides Public Protection Laws of Countries ertain investor protections in NAFTA (North American Free Trade Agreement) are giving business investors new power over sovereign nations and providing an expansive new definition of property rights. Chapter 11 of NAFTA, which allows a corporation to sue a government, contains a particularly disturbing "regulatory takings" clause. Under this "takings" clause, intangi- ble property, such as a corporation's poten- tial future profits, is considered private property. Any law or regulation that is imposed to protect the public interest is con- sidered "taking" that company's potential to make a profit. Therefore, the government should be required to compensate the own- ers for lost property/profit. This expanded definition of private property goes beyond established terms in US jurisprudence and supersedes domestic law. NAFTA's investor protections and the "regulatory takings" idea mimic a radical revision of constitutional law that the right wing has been pushing for years. * Censaltante!” NEXUS = 15 represents one of the worst DECEMBER 2002 — JANUARY 2003 www.nexusmagazine.com