Dan Rather ReportsEpisode Number: 323 Episode Title: The High Price Of Ransom Description: Iraqi refugees trying to come to this country are suddenly put on hold. And the debate over injecting race horses with steroids and painkillers.
Transcript: THERE'S BLOOD HERE AND ON MY LEGS BECAUSE THEY BEAT ME HERE. THESE AREN'T PEOPLE WHO ARE SUPPORTING TERRORISM. THEY'RE TRYIN' TO GET OUT FROM UNDER IT. WHY SHOULD THOSE PEOPLE BE PUNISHED FOR DOING WHAT YOU WOULD DO, FOR DOING WHAT I WOULD DO, WHAT ANY OF THE VIEWERS WHO ARE WATCHING THIS WOULD DO? WHAT AN ACCUSATION. THAT A PRESIDENT OF THE UNITED STATES AND THOSE WORKING WITH HIM AT HIGH LEVELS DO NOT WANT EFFECTIVE PEOPLE IN THE CIVIL RIGHTS DIVISION. I THINK IT'S HOW YOU DEFINE EFFECTIVE. THEY WANT A DIFFERENT TYPE OF EFFECTIVE PERSON. I THINK THERE IS A PROBLEM OF HORSES BEING OVERMEDICATED AND I THINK THE STEROIDS SHOULD BE ELIMINATED ENTIRELY FROM BEING IN THE HORSES SYSTEM DURING COMPETITION. WE'LL BRING YOU THE NEWS, TONIGHT ON DAN RATHER REPORTS.GOOD EVENING. THINK ABOUT IT FOR A SECOND. WHAT WOULD YOU DO IF YOUR CHILD WAS KIDNAPPED? IF YOU WERE IN A WAR-TORN COUNTRY, WHERE THE POLICE COULDN'T HELP YOU? TO MANY, IF NOT MOST PARENTS, THE ANSWER OF COURSE WOULD BE - ANYTHING, ANYTHING. INCLUDING PAYING RANSOM TO THOSE WHO WERE HOLDING THEIR CHILD EVEN IF THE KIDNAPPERS WERE TERRORISTS. OVER THE PAST FIVE YEARS FOR MANY IRAQIS, THAT CHOICE HAS BEEN A VERY GRIM REALITY. ACCORDING TO THE UNITED NATIONS REFUGEE AGENCY, ONE IN EVERY FOUR IRAQIS WHO HAS SOUGHT ITS HELP HAS HAD A FAMILY MEMBER KIDNAPPED. THE UNHCR REFERS THE REFUGEES ON TO OTHER COUNTRIES, LIKE THE UNITED STATES, WHICH HAS PLEDGED TO BRING IN 12,000 IRAQIS, OF THE FOUR MILLION ON THE RUN. BUT TONIGHT, WE'LL REPORT TO YOU ABOUT HOW SOME OF THOSE IRAQIS ARE BEING BARRED FROM COMING TO AMERICA - AND HOW PAYING RANSOM TO GET THEIR CHILDREN BACK MADE THEM TERRORISTS IN THE EYES OF THE UNITED STATES GOVERNMENT. YOU RARELY SEE THEM BEFORE THE SUN BEGINS TO SET. ONLY THEN, IN THE EARLY EVENING, DOES THE UNFORGIVING HEAT OF THIS DESERT COUNTRY GIVE WAY TO A LIGHT BREEZE, AND PARENTS LET THEIR CHILDREN OUT TO PLAY. THEY COME OUT OF BASEMENTS AND CRAMPED APARTMENTS, BY THEMSELVES OR IN PAIRS, TO JOIN OTHERS, IN THE POOREST NEIGHBORHOODS OF AMMAN, JORDAN. THEY ARE THE CHILDREN OF WAR - IRAQI REFUGEES, WHO HAVE FLED FROM ONE OF THE MOST DANGEROUS PLACES ON EARTH. BUT IN THEIR EYES, YOU CANNOT SEE WHAT THEY HAVE SEEN. IN THIS CHURCH IN AMMAN, IRAQI REFUGEE FAMILIES HAD GATHERED FOR A MEAL. ANANTREK IS AN IRAQI CHRISTIAN FROM BAGHDAD. HE'S BEEN IN JORDAN WITH HIS FAMILY FOR FOUR YEARS NOW. IN BAGHDAD, HE WAS A SECURITY GUARD AT THE INTERNATIONAL COMMITTEE OF THE RED CROSS, AND AFTER THE U.S. INVASION, HE USED TO DRIVE AMERICAN DIPLOMATS TO AND FROM THE BAGHDAD AIRPORT. HE WAS CAREFUL TO KEEP WHAT HE DID TO HIMSELF. HE KNEW THAT IN THE EYES OF INSURGENTS, ANY IRAQI COLLABORATING WITH AMERICANS WAS A WALKING TARGET. IN THE SUMMER OF 2003, THE RED CROSS HEADQUARTERS WAS ATTACKED BY A SUICIDE BOMBER. ANANTREK LEFT THE MAYHEM STILL WEARING HIS RED CROSS BADGE. HIS SECRET WAS OUT. THREE DAYS LATER, HE WAS KIDNAPPED. HE WOKE UP IN A SMALL HOUSE, WHERE SEVERAL MASKED MEN TORTURED HIM FOR THREE DAYS. " YOU ARE A CHRISTIAN" , THEY SAID, POINTING THE CROSS ON HIS ID-CARD. " AND YOU WORK FOR THE INFIDELS." THE KIDNAPPERS TORTURED HIM WITH A WATER HOSE, AND CUT A NERVE IN HIS ARM. SEVEN OTHERS PRISONERS WERE IN THE SAME HOUSE. ONE OF THEM WAS TORTURED TO DEATH WHILE ANANTREK WAS THERE. ANANTREK WAS LET GO AFTER HIS FAMILY HAD SCRAMBLED TOGETHER TEN-THOUSAND DOLLARS TO PAY THE RANSOM. THE KIDNAPPERS TOLD ANANTREK TO QUIT HIS JOB AND GET OUT OF BAGHDAD. HE DID NOT REALIZE THAT HE WOULD LATER PAY AN EVEN HIGHER PRICE FOR THE KIDNAPPING. HIS KIDNAPPERS WERE PART OF AL-QAEDA AND HE HAD JUST GIVEN THEM MONEY. THAT MADE HIM EQUAL TO A TERRORIST IN THE EYES OF THE UNITED STATES. WHAT HAPPENED IN THE USA PATRIOT ACT IS THAT THE U.S. CONGRESS BROADENED THE DEFINITION OF TERRORIST ACTIVITIES SO GREATLY THAT ALL KINDS OF CONDUCT, EVEN CONDUCT UNDER DURESS SO, SOMEBODY WHO IS FORCED WITH A GUN TO THEIR HEAD TO PROVIDE A RANSOM TO PAY FOR A KIDNAPPED LOVED ONE'S RELEASE IS DEFINED NOW AS TERRORIST ACTIVITY. MELANIE NEZER IS AN AMERICAN ATTORNEY. SHE IS THE MIGRATION POLICY COUNSEL FOR THE HEBREW IMMIGRANT AID SOCIETY, A REFUGEE AID GROUP. ACCORDING TO THE U.S. PATRIOT ACT, SHE SAYS, GIVING MONEY TO KIDNAPPERS CAN CONSTITUTE SOMETHING CALLED " MATERIAL SUPPORT" TO TERRORISTS. THE BROAD TERRORISM DEFINITION WOULD ENCOMPASSES, FOR INSTANCE, ANYONE WHO WAS KIDNAPPED OR HAD A RELATIVE KIDNAPPED BY AL-QAEDA AND PAID A RANSOM. THIS IS A COMMON OCCURRENCE IN IRAQ. WE KNOW THIS IS A COMMON OCCURRENCE. OUR GOVERNMENT KNOWS THAT'S A COMMON OCCURRENCE. AFTER HIS RELEASE, ANANTREK WAS BROKE, AND FELT FORCED TO KEEP WORKING. THE KIDNAPPERS STRUCK AGAIN. THIS TIME, THE SAME ISLAMIC FUNDAMENTALISTS TOOK HIS WIFE, EVA, AND HIS DAUGHTER, MARIAM. THEY WERE HELD FOR NINETEEN DAYS, WHILE ANANTREK DESPERATELY TRIED TO GET THE RANSOM MONEY. EVA WAS NINE MONTHS PREGNANT AND DEVELOPED GESTATIONAL DIABETES. MARIAM WAS FIVE AND A HALF YEARS OLD AT THE TIME OF THE KIDNAPPING THE KIDNAPPERS BEAT EVA, AND KICKED HER IN THE STOMACH. BY SELLING THEIR HOUSE, ANANTREK WAS FINALLY ABLE TO RAISE ANOTHER $10,000 FOR THE NEW RANSOM. HIS WIFE AND DAUGHTER WERE FREED AND BROUGHT TO A HOSPITAL. MARIAM HAD HEAD INJURIES, AND EVA'S KIDNEYS HAD ALL BUT COLLAPSED. THE UNBORN BABY HAD DIED. AND UNDER THE U.S. PATRIOT ACT, ANANTREK'S FAMILY HAD JUST SUPPORTED TERRORISTS FOR THE SECOND TIME. THE FAMILY ESCAPED FROM BAGHDAD AND MADE IT TO AMMAN. SEVERAL OF ANANTREK'S NEIGHBORS FROM BAGHDAD, NOW ALSO REFUGEES IN JORDAN, VERIFIED THE FAMILY'S STORY TO US. JORDAN IS A SMALL MIDDLE EASTERN COUNTRY, WHICH NOW HOUSES CLOSE TO A MILLION IRAQI REFUGEES. THEY ARE NOT ALLOWED TO WORK, AND THEY LIVE UNDER THREAT OF DEPORTATION BACK TO IRAQ. THERE'S LITTLE ACCESS TO SCHOOLS FOR CHILDREN, OR MEDICAL CARE. MANY WHO WERE ONCE PART OF A MIDDLE CLASS IN IRAQ, HAVE NOW SPENT ALL THEIR SAVINGS. SOME ARE FORCED INTO PROSTITUTION, OR BEGGING IN THE STREETS. IT IS AN ACUTE PROBLEM AND BECAUSE THEY DON'T HAVE ACCESS TO WORK IN THE COUNTRIES WHERE THEY ARE AT LEAST FORMALLY WE ARE CONCERNED THAT THEIR CONDITIONS IS GOING TO DETERIORATE AS TIME PASSES. MICHEL GABAUDAN IS THE REGIONAL REPRESENTATIVE WITH THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES, ALSO KNOWN AS THE UNHCR, IN WASHINGTON D.C. HE SAYS THE REFUGEES CANNOT STAY IN JORDAN. TOO STRONG TO CALL IT A CRISIS? NO, I THINK IT IS A CRISIS. WE DON'T SEE IT BECAUSE THEY'RE NOT IN REFUGEE CAMPS, SO YOU DON'T HAVE SOMETHING YOU CAN FOCUS ON. BUT IF YOU DO VISIT AND I DID VISIT SOME OF THEM IN SYRIA AND JORDAN A FEW MONTHS AGO IF YOU VISIT THEM, MANY, MANY OF THEM ARE IN VERY DESPERATE CONDITIONS. ONE WAY OUT OF THE MIDDLE EAST FOR IRAQI REFUGEES IS THROUGH THE UNHCR'S REFUGEE PROGRAM. IT CAN HELP A SMALL NUMBER OF PEOPLE, BUT ONLY IF OTHER COUNTRIES ARE WILLING TO ACCEPT THEM. AFTER THREE YEARS IN JORDAN, ANANTREK WAS FINALLY ABLE TO GET AN APPOINTMENT WITH THE UNHCR. THEY PUT THE FAMILY ON TRACK FOR RESETTLEMENT IN THE UNITED STATES, AND ANANTREK WAS INTERVIEWED SEVERAL TIMES BY REPRESENTATIVES WORKING FOR THE U.S. GOVERNMENT. BUT THEN, IN DECEMBER LAST YEAR, HE RECEIVED THIS LETTER, IN A BROWN ENVELOPE FROM THE U.S. AUTHORITIES. HE WAS TOLD THE FAMILY'S CASE NEEDED " HEADQUARTERS REVIEW" . WE BROUGHT A COPY TO THE U.N. REFUGEE AGENCY. THEY'RE STUCK IN JORDAN. THEY HAVE NO MONEY, NOWHERE TO LIVE. THEY'RE TRAUMATIZED. WHAT CAN YOU, AS A REPRESENTATIVE OF THE UNITED NATIONS TELL THEM? WHAT CAN YOU DO FOR THEM, OR CAN YOU DO ANYTHING FOR THEM? WELL, FIRST, I WOULD TRY TO SEE WHETHER ON THE ASSISTANCE SIDE I CAN AT LEAST MAKE THEIR LIFE IN JORDAN MORE BEARABLE. AND I THINK THERE, WE CAN DO A FEW THINGS. SO, THAT-- THAT IS THE FIRST THING TO DO. THEN I WILL TRY TO REVIEW THE-- THE SUBMISSIONS WE'VE MADE TO THE COUNTRY AND EVENTUALLY LOOK FOR ANOTHER COUNTRY. BUT I WOULD HAVE TO BE QUITE CONVINCED THAT I HAVE A CASE THAT IS CLEARLY WELL BEYOND THE AVERAGE IF I WANT TO DO THAT. OTHERWISE, YOU STIR UP THE PROCESS THAT YOU'LL NEVER BE ABLE TO CONTROL. AND WHAT YOU'RE TELLING ME IS THAT THIS CASE, AS HORRIBLE AS IT IS, THERE ARE OTHER CASES, A LOT OF OTHER CASES- YES. -SIMILAR YES. AND THAT'S WHY WE BELIEVE THAT EVENTUALLY THE NUMBERS OF CASES WE PRODUCE FOR RESETTLEMENT WILL HAVE TO INCREASE. WE WERE SHOWN SEVERAL SUCH LETTERS IN THE CHURCH THAT ANANTREK'S FAMILY ATTENDS. INITIAL HOPE AND GRATITUDE AFTER BEING ACCEPTED BY THE U.N. HAD TURNED INTO DESPAIR, WHEN THEIR CASES HAD LATER BEEN PUT " ON HOLD" BY THE UNITED STATES. EVEN THOSE WHO SPOKE ENGLISH TOLD US THAT THEY DID NOT QUITE UNDERSTAND THE LETTERS. BUT THEY HAD ALL HEARD THE RUMORS - IF YOU HAD PAID RANSOM TO KIDNAPPERS, GETTING TO AMERICA WOULD BE A LOT MORE DIFFICULT, IF NOT IMPOSSIBLE. ANOTHER REFUGEE ON HOLD IS SAED - AN IRAQI MUSLIM WHO USED TO WORK FOR AN ITALIAN REFUGEE ORGANIZATION. NOW HE IS IN AMMAN WITH HIS WIFE. THEY KIDNAPPED ME. THEY JUST TAKE ME FROM MY CAR AND PUSH ME TO THE STREET, OKAY AND BEAT ME HERE, HERE, AND HERE AND I THINK IT IS VERY CRAZY HIS VOICE IS VERY LOW AND HE'S VERY ANGRY AND HE HAS A MASK HERE AND UM... I THOUGHT THEY WILL KILL ME THEY ACCUSED HIM OF COLLABORATING WITH FOREIGNERS. THERE'S A PERSON WHO SAY, "NOW WE NEED TO KILL HIM." OKAY? AND I GO TO HIS SHOES AND I KISS HIS SHOES. AND-- I WAS CRYING. AND HE USED THE MACHINE GUN TO BEAT ME HERE. AND THIS IS THERE'S SOME PROBLEM HERE. HE HAD JUST PICKED UP HIS SALARY IN CASH. THE KIDNAPPERS STOLE THE MONEY OUT OF HIS POCKET AND TOLD HIM HE HAD TWENTY-FOUR HOURS TO GET OUT OF IRAQ. JUST I WANT TO TELL-- THE PEOPLE IF THEY CAN HELP ME, TO-- "I WANT TO SAVE MY-- MY SOUL. AND I CAN'T BACK TO IRAQ." AND MY SITUATION HERE IS VERY BAD. IT'S VERY, VERY BAD. BUT, WHAT WE CAN DO? HE TOLD THE UNHCR FIELD WORKERS THAT HE WOULD GO ANYWHERE IN THE WORLD. IN JANUARY OF THIS YEAR, HE WAS FINALLY INTERVIEWED BY REPRESENTATIVES OF THE U.S. STATE DEPARTMENT. AND I EXPLAINED TO THEM THAT A FIGHTER KIDNAPPED ME. AND THEY WERE-- THEY WANT KILL ME. AND-- AND HE TAKE SOME MONEY FROM ME, OKAY? A FEW MONTHS LATER HE GOT THE SAME LETTER AS MANY OTHER REFUGEES. DEAR MR. SAED, PLEASE BE ADVISED THAT A FINA-- A FINAL DECISION REGARDING YOUR APPLICATION FOR REFUGEE STATUS IN THE UNITED STATE HAS BEEN DEFERRED PENDING THAT'S MEAN-- I DON'T KNOW WHAT -- DOES THAT MEAN. EVEN THOUGH HE IS ON HOLD, SAED COULD BE ELIGIBLE FOR A WAIVER, SINCE HE DID NOT GIVE MONEY VOLUNTARILY TO KIDNAPPERS. NOW, CONGRESS RECOGNIZED THAT THIS DEFINITION WAS GOING TO BE BROAD. THEY WANTED THE U.S. GOVERNMENT TO BE ABLE TO IDENTIFY WHO SHOULD BE ADMITTED AND WHO SHOULD NOT BE ADMITTED. BUT AT THE SAME TIME, CONGRESS INCLUDED A PROVISION THAT ALLOWS THE ADMINISTRATION TO WAIVE THESE-- THESE PROVISIONS IN CASES WHERE A PERSON CLEARLY IS NOT A TERRORIST. BUT THEY LEFT IT TO THE DEPARTMENT OF HOMELAND SECURITY TO ACTUALLY GIVE THE WAIVERS TO REFUGEES. THE PROBLEM IS THAT, WHILE THE ADMINISTRATION HAS MADE SOME PROGRESS AND HAS ACTUALLY ADMITTED QUITE A FEW REFUGEES UNDER ITS WAIVER AUTHORITY, MANY DESERVING REFUGEES REMAIN BARRED BECAUSE OF PROCEDURAL ISSUES OR BECAUSE THE ADMINISTRATION JUST HASN'T FOUND A WAY TO DO IT OR HASN'T FOUND THE WILL. IF THE RANSOM MONEY WAS PAID TO A HIGH-LEVEL TERRORIST GROUP SUCH AS AL-QAEDA, IT IS VERY DIFFICULT TO GET A WAIVER. AN EXCEPTION WOULD NEED TO BE MADE AT THE HIGHEST LEVEL OF THE DEPARTMENT OF HOMELAND SECURITY. FOR ANANTREK, WHO BAILED OUT HIS WIFE AND DAUGHTER FROM AN AL- QAEDA CONNECTED GROUP - IT WOULD MEAN THAT HIS FAMILY IS IN FOR A LONG WAIT. PERHAPS EVEN AN INDEFINITE ONE. THE DEPARTMENT OF HOMELAND SECURITY WOULD NOT GIVE US THE NUMBER OF IRAQIS WHO ARE ON HOLD RIGHT NOW, BUT IT SAID THAT ABOUT SIX HUNDRED IRAQI CASES HAD RECEIVED A WAIVER AND WOULD BE ABLE TO TRAVEL EVENTUALLY. SOME OF THOSE - THEY WOULD NOT SAY HOW MANY - HAD PAID RANSOM TO AL-QAEDA. ABOUT TWO THOUSAND IRAQIS HAVE BEEN DENIED ENTRY TO THE U.S., FOR VARIOUS REASONS. AN OFFICIAL SOURCE TOLD US THAT RIGHT NOW, AN ADDITIONAL ONE THOUSAND IRAQIS ARE ON HOLD, WHICH AFFECTS THEIR FAMILIES TOO. AND IN JORDAN, FAMILIES ARE BEING SPLIT UP. THERE'S JALEALA WHO PAID A RANSOM TO GET HER SON NASHWAN BACK. NOW SHE'S ON HOLD FOR PROVIDING MATERIAL SUPPORT. HER SON SAYS HE CANNOT LEAVE WITHOUT HER. SAANA AND AAYAD, WHOSE DAUGHTER KATYA WAS ONLY FIVE WHEN SHE WAS ABDUCTED IN BAGHDAD. THEIR RELATIVES HAVE ALREADY LEFT JORDAN, BUT THIS FAMILY IS STILL ON HOLD. AND A YOUNG IRAQI MAN WHO WAS TOO AFRAID TO SHOW HIS FACE, BECAUSE HE HELPED THE U.S. MILITARY FIND AND STRIKE AGAINST A TERRORIST GROUP OUTSIDE BAGHDAD. HE'S APPROVED FOR RESETTLEMENT TO THE U.S., BUT HIS MOTHER AND YOUNGER SIBLINGS ARE NOT, BECAUSE THEY PAID A RANSOM TO GET HIM BACK. THEY ARE ALL AFFECTED BY THE U.S. PATRIOT ACT. WELL, THE PATRIOT ACT IS AN ACT THAT WAS PLANNED TO PROTECT THE COUNTRY FROM TERRORIST ATTACK, ET CETERA. UNHCR'S MICHEL GABOUDIN IS GRATEFUL THAT THE UNITED STATES HAS AGREED TO TAKE A SHARE OF THE IRAQI REFUGEES. AT THE SAME TIME, HE IS CONCERNED ABOUT THOSE ON HOLD. BASICALLY, WE THINK THAT A POLICY DECISION COULD BE MADE, TO THE EFFECT THAT THE PAYING OF RANSOM TO RESCUE YOUR RELATIVES SHOULD NOT BE EQUATED TO MATERIAL SUPPORT. SURELY, YOU BROUGHT THIS PROBLEM UP WITH THE US ADMINISTRATION? YES, WE DID, INDEED. AND WHAT HAS BEEN THEIR REACTION? WELL, I THINK THERE IS SYMPATHY FOR THE CAUSE. AS I SAY, RIGHT NOW, THEY WAIVER MOST OF THESE CASE, WHICH IS AN IMPLICIT RECOGNITION THAT THE APPLICATION OF PAYING A RANSOM AS MATERIAL SUPPORT IS NOT QUITE-- VALID. BUT IT GO-- IT HAS TO GO THROUGH THIS PROCESS OF WAIVERS. AND WHAT WE SAY IS, "CAN'T YOU JUST MAKE IT EVEN SIMPLER? AND, THEREFORE, SHORTEN THE PROCESSING TIME?" AND WHAT DO THEY SAY TO THAT? WELL, WE'RE STILL-- DISCUSSING THESE THINGS. WHY SHOULD THOSE PEOPLE BE PUNISHED FOR DOING WHAT YOU WOULD DO, FOR DOING WHAT I WOULD DO, WHAT ANY OF THE VIEWERS WHO ARE WATCHING THIS WOULD DO? DEMOCRATIC CONGRESSMAN GARY ACKERMAN OF NEW YORK HAS HELD HEARINGS IN CONGRESS TO TRY AND MAKE THE PROCESS OF GETTING WAIVERS FOR THOSE WHO PAID RANSOM TO KIDNAPPERS MOVE A LOT FASTER. THESE AREN'T PEOPLE WHO ARE SUPPORTING TERRORISM. THEY'RE TRYIN' TO GET OUT FROM UNDER IT. AND YET THE ADMINISTRATION DOESN'T USE THESE WAIVERS TO ANY GREAT EXTENT. MY OFFICE IS RESPONSIBLE FOR INTERVIEWING REFUGEE APPLICANTS AND DETERMINING IF THEY ARE ELIGIBLE FOR RESETTLEMENT IN THE UNITED STATES. LORI SCIALABBA, AN ASSOCIATE DIRECTOR AT THE DEPARTMENT OF HOMELAND SECURITY APPEARED BEFORE CONGRESS IN MARCH OF THIS YEAR. I'D LIKE TO ASSURE THE SUBCOMMITTEES THAT USCIS IS COMMITTED TO WORKING WITH THE DEPARTMENT OF STATE AND OTHER PROGRAM PARTNERS TO MEET THE ADMINISTRATION'S GOAL OF ADMITTING 12,000 IRAQI REFUGEES THIS FISCAL YEAR. MEETING THIS GOAL IS A TOP PRIORITY FOR THE AGENCY AND OUR OFFICERS ARE WORKING TIRELESSLY TO INTERVIEW AND ADJUDICATE THE CASES NECESSARY TO REACH THIS TARGET. DESPITE THOSE ASSURANCES, CONGRESSMAN ACKERMAN, WHO CO- CHAIRED THE HEARING SAID HE HASN'T SEEN THE RESULTS HE WAS HOPING FOR. THESE WERE THE PEOPLE IN THAT SOCIETY WHO DID MORE THAN THROW FLOWERS AT OUR TROOPS. THEY THREW THEIR LIVES AT OUR FEET. THEY HAD A FULL EXPECTATION, BECAUSE WE TOLD THEM SO IF NOTHING ELSE, THAT WE WOULD STAND BY THEM BECAUSE THEY WERE STANDING BY THE THINGS THAT WE MUTUALLY BELIEVE IN. THE PATRIOT ACT'S DEFINITION OF TERRORISM GOES FURTHER THAN TO AFFECT ONLY IRAQI REFUGEES. ACCORDING TO THE UNITED NATIONS, THOUSANDS OF REFUGEES WORLDWIDE HAVE BEEN PLACED ON A SIMILAR, UNDETERMINED HOLD, SINCE 2001. PEOPLE WHO ROSE UP AGAINST OPPRESSION MANY TIMES WITH THE SUPPORT OF THE U.S. GOVERNMENT BECAUSE THEIR ACTS ARE CONSIDERED TERRORIST ACTS UNDER THE LAW, THEY ALSO NEED WAIVERS. AND THE ADMINISTRATION HAS VERY - BEEN VERY SLOW TO GROUP-- EXEMPT THEM AS WELL. SO, AN AFGHAN, WHO IN THE 1980'S OR 90'S FOUGHT AGAINST THE SOVIET UNION AT OUR REQUEST, IS NOT ELIGIBLE TO GET A WAIVER THERE, STILL CONSIDERED TO BE TERRORIST AND CANNOT GET ADMISSION TO THE UNITED STATES. THE HEBREW IMMIGRANT AID SOCIETY HAS WORKED TO HELP REFUGEES IN THE UNITED STATES SINCE 1881. AND THE CHANGES BROUGHT BY THE PATRIOT ACT RESONATE PERSONALLY WITH MELANIE NEZER. IT'S KIND OF IRONIC THAT WHAT MADE YOU A REFUGEE IS NOW KEEPING YOU FROM BEING ADMITTED TO THE UNITED STATES, THAT VERY SAME CONDUCT. AND AS A JEWISH ORGANIZATION, WE'RE VERY CONCERNED ABOUT THIS BECAUSE WE LOOK BACK AT OUR OWN HISTORY AND WE RECENTLY CELEBRATED THE 60TH ANNIVERSARY OF THE WARSAW GHETTO UPRISING. UNDER THE CURRENT TERRORISM DEFINITIONS, THAT CONDUCT, FIGHTING AGAINST, RISING UP AGAINST THIS OPPRESSIVE REGIME, WOULD BE CONSIDERED TERRORISM. SO, IF THESE LAWS HAD BEEN IN PLACE WHEN JEWS HAD APPLIED FOR RESETTLEMENT TO THE UNITED STATES AFTER WORLD WAR II, THEY WOULD'VE BEEN BARRED AS TERRORISTS. THAT'S THE IRONY OF THIS, THIS POLICY. CONGRESSMAN ACKERMAN MAKES ANOTHER HISTORICAL COMPARISON. KEEP IN MIND AFTER VIETNAM WOUND DOWN AND AFTER WE WITHDREW PRESIDENT FORD WAS ABLE TO BRING IN WITHIN ONE YEAR OVER 130,000 VIETNAMESE REFUGEES TO RESETTLE IN THE UNITED STATES. WELL, LET ME TAKE AN OPPOSING VIEW THAT GOES ALONG THIS WAY, THIS IS NOT THE VIETNAM WAR, AND WE AND HOMELAND SECURITY OR IN THE STATE DEPARTMENT OR IN THE EXECUTIVE BRANCH, WE HAVE TO BE VERY CAREFUL ABOUT LETTING PEOPLE FROM IRAQ INTO THIS COUNTRY BECAUSE NOT FAR FROM WHERE YOU AND I ARE NOW SITTING WE HAD ALMOST 3,000 OF OUR FELLOW CITIZENS BLOWN UP IN A BUILDING. SO WE CAN ONLY MAKE ONE MISTAKE. WE HAVE TO BE CAREFUL, PRUDENT IN LETTING THESE PEOPLE IN. AND THAT'S WHAT WE'RE DOING, AND THAT'S WHY IT TAKES SO LONG. TO THAT, YOU SAY WHAT? I'D SAY THERE WERE SO MANY LAYERS OF CONFUSION WHICH THE ADMINISTRATION HELPED TO CREATE. FIRST, THE TERRIBLE TRAGEDY THAT OCCURRED NOT TOO FAR FROM WHERE WE SIT RIGHT NOW, THAT, THAT PUT US ALL INTO SHELLSHOCK FOR LACK OF A BETTER, BETTER WORD WAS NOT CAUSED BY IRAQ OR IRAQIS. YES, WE HAVE TO BE PRUDENT. IT WOULD BE FOOLISH NOT TO BE PRUDENT. CERTAINLY WE CAN VET PEOPLE FASTER. WE CAN VET THEM BETTER, AND WE CAN RELOCATE THEM IN THE UNITED STATES WHERE NECESSARY. THE DEPARTMENT OF HOMELAND SECURITY IN WASHINGTON WOULD NOT GRANT US AN INTERVIEW, BUT THEY DID AGREE TO PROVIDE RESPONSES TO SOME OF OUR QUESTIONS. THEY EMAILED US THAT RIGHT NOW, THE DEPARTMENT IS WORKING OVERTIME TO REVIEW IRAQI CASES ON HOLD, IN ORDER TO MAKE DECISIONS AS QUICKLY AS POSSIBLE. I QUOTE: THEY ALSO TOLD US THAT THEY EXPECT TO MEET THE GOAL OF BRINGING 12,000 IRAQIS IN BY THE END OF SEPTEMBER THIS YEAR, AND THAT 6,000 OF THOSE HAVE ALREADY ARRIVED. BUT IN CHOOSING THOSE IRAQIS WHO ARE STILL WAITING TO ARRIVE HERE, MELANIE NEZER IS CONCERNED THAT THE DEPARTMENT OF HOMELAND SECURITY WILL TAKE THE EASY WAY OUT. INSTEAD OF TACKLING THESE TOUGHER CASES, THEY'RE GONNA JUST LOOK FOR PEOPLE WHO DON'T HAVE THESE PROBLEMS THAT ARE NO MORE IN DANGER THAN, THAN THOSE WHO DO HAVE THESE HOLDS. I THINK THAT THAT WOULD BE JUST FROM A HUMANITARIAN PERSPECTIVE EXTREMELY UNFAIR. TO PUNISH THESE VICTIMS OF PERSECUTION BECAUSE WE HAVEN'T FIGURED OUT A WAY TO QUICKLY PROCESS THEM THROUGH OUR SYSTEM. IN JORDAN, ANANTREK IS CLOSE TO GIVING UP ON EVER FINDING A NEW HOME FOR HIS FAMILY. HE SAYS THAT HE HAS CONSIDERED SUICIDE. AND IN AUGUST, THEIR TEMPORARY HOUSE IN AMMAN WILL BE TORN DOWN. FOR NOW, THE CLOSEST HE CAN GET TO THE UNITED STATES MAY BE THIS A DISTANT VIEW OF THE HEAVILY GUARDED COMPOUND OF THE U.S. EMBASSY IN AMMAN. YOU MIGHT WONDER, WHY IRAQIS WHO HAVE PAID RANSOM COULDN'T JUST GO TO OTHER COUNTRIES, SOME DO. THOUSANDS OF IRAQIS HAVE PAID SMUGGLERS TO TAKE THEM TO EUROPE, FOR INSTANCE, WHERE THEY HAVE APPLIED FOR ASYLUM. BUT FOR THOSE WITH NO MONEY, THE UN'S REFUGEE PROGRAM MAY BE THE ONLY CHANCE TO GET OUT OF THE MIDDLE EAST. AND THOSE PUT ON HOLD BY THE U.S. HAVE TO WAIT FOR A FINAL DECISION BEFORE THE U.N. WILL ASK IF ANOTHER COUNTRY WILL CONSIDER TAKING THEM. NOW WHEN WE RETURN, QUESTIONS ABOUT HIGHLY PARTISAN POLITICS INSIDE THE DEPARTMENT OF JUSTICE. FOR YEARS CRITICS OF THE BUSH ADMINISTRATION HAVE INSISTED THAT THE STAFFING AND ACTIONS OF THE DEPARTMENT OF JUSTICE HAVE BEEN HIGHLY POLITICIZED. AND NOW THE FIRST OF A SERIES OF GOVERNMENT INVESTIGATIONS INTO THOSE ALLEGATIONS HAS BEEN RELEASED AND THE RESULTS ARE SCATHING. ACCORDING TO AN INSPECTOR GENERAL'S REPORT, THE JUSTICE DEPARTMENT'S ACTIONS IN THE HIRING OF NEW LAW SCHOOL GRADUATES CONSTITUTED QUOTE " MISCONDUCT" AND " VIOLATED LAWS" THAT PROHIBIT DISCRIMINATION BASED ON IDEOLOGICAL AFFILIATIONS. AND NOW WASHINGTON AWAITS A REPORT ON WHETHER POLITICS INFECTED THE DEPARTMENTS CIVIL RIGHTS DIVISION. FOR DECADES THIS HAS BEEN A PLACE FOR THE POWERLESS TO TURN FOR JUSTICE. BUT TONIGHT, WE LOOK BACK AT A REPORT WE DID ABOUT THE CASE OF TWO WORKING CLASS WOMEN WHO FELT THEIR CIVIL RIGHTS WERE VIOLATED. AT FIRST THE JUSTICE DEPARTMENT AGREED, THEN CHANGED ITS MIND. JANET CALDERO AND MARIANNE MANOUSAKIS WORKED AS CUSTODIANS IN THE NEW YORK CITY PUBLIC SCHOOLS. ANY JOB THAT'S BEEN TYPICALLY INVOLVING MECHANICAL EQUIPMENT, HEATING, AND VENTILATING, HAS ALWAYS BEEN PERCEIVED AS A MASCULINE JOB. SCHOOL CUSTODIANS HAVE A HIGH- PAYING UNION JOBS. THEY ARE SUPERVISORS IN CHARGE OF MAINTAINING BUILDING OPERATIONS. IN THE EARLY 90'S NINETY-TWO PERCENT OF THEM WERE WHITE. AND OF ALMOST 900 IN THE CITY, ONLY TWELVE WERE WOMEN. JANET CALDERO WAS ONE OF THEM. WE OPERATE AND MAINTAIN A PUBLIC SCHOOL BUILDING, FROM CLEANING IT TO MAINTAINING THE HEATING AND VENTILATING SYSTEMS, AIR CONDITIONING. AND IT PRIMARILY IS A MALE- DOMINATED POSITION. MARIANNE MANOUSAKIS WAS WORKING HER WAY UP THROUGH THE SYSTEM. I ORIGINALLY STARTED WORKING AS A PART-TIME CLEANER AND MOVED INTO A HANDYMAN SLOT. I BECAME A FULL-TIME SECRETARY AND HANDYMAN. HER BOSSES, THE SCHOOL CUSTODIANS WERE ALWAYS MEN. THEY OFTEN HIRED OTHER MEN, WHO WERE THEIR FRIENDS AND RELATIVES. FIRST OF ALL, THE WOMEN ARE NOT NECESSARILY ACCEPTED BY THE MEN IN THIS FIELD. DID I THINK THAT I COULD HAVE ACCESS TO THAT JOB? NEVER IN MY WILDEST DREAMS. THE JUSTICE DEPARTMENT INVESTIGATED THE SITUATION, AND IN 1996, IT SUED THE NEW YORK CITY BOARD OF EDUCATION, FOR RACE AND GENDER DISCRIMINATION IN THE RECRUITMENT OF CUSTODIANS IN PUBLIC SCHOOLS, AND RACE DISCRIMINATION IN THE TESTING. AARON SCHUHAM BECAME THE LEAD TRIAL ATTORNEY FOR THE GOVERNMENT. EVERYONE IN AMERICA DESERVES TO BE HIRED BASED ON THEIR MERIT AND BASED ON THEIR QUALIFICATIONS AND NOT BECAUSE OF THEIR SEX OR THEIR RACE AND WE DID FIND THAT THE CITY OF NEW YORK WAS VIOLATING FEDERAL CIVIL RIGHTS LAW IN THOSE PRACTICES AND THAT'S WHY WE BROUGHT THE CASE. WE WOULD NOT HAVE DONE SO IF WE WERE NOT SURE THAT VIOLATIONS HAD OCCURRED. BUT WHY SHOULD THE U.S. GOVERNMENT GET INVOLVED - THE FEDERAL GOVERNMENT? IN THE CASE OF THE CUSTODIANS IN NEW YORK CITY, THAT WAS A MAJOR CASE, INVOLVING MANY VICTIMS OF DISCRIMINATION. ONE OF THE REASONS WHY THE NEW YORK CITY CASE WAS SO IMPORTANT IS IT'S ONE OF THOSE CASES WHERE ONLY THE FEDERAL GOVERNMENT WHO HAD THE RESOURCES AND THE MANPOWER AND THE WOMEN POWER TO ACTUALLY BE ABLE TO PURSUE THIS CASE, WITHOUT REGARD TO THE COSTS OF THE THAT CASE, OVER THE YEARS, FOR THE SOLE PURPOSE OF REMEDYING THAT DISCRIMINATION. DO YOU REMEMBER JANET CALDERO AND MARIANNE MANOUSAKIS? I DO. WE WORKED VERY CLOSELY WITH THEM AS WE DEVELOPED THE LAWSUIT AND BROUGHT IT. CALDERO AND MANOUSAKIS HAD BEEN HIRED AS PROVISIONAL CUSTODIANS WITH NO JOB SECURITY, AND TOGETHER WITH DOZENS OF OTHER MINORITY CUSTODIANS, THEY WERE INVITED BY THE GOVERNMENT'S LAWYERS TO BE PLAINTIFFS IN THE CASE. THEY NEEDED TO KNOW HOW OUR JOB OPERATED, WHAT IT INVOLVED TO BOLSTER THEIR CASE. AND, THEY GOT THAT INFORMATION THROUGH MOST OF THE WOMEN ON THE JOB. OH, I FELT THAT THEY WERE, YOU KNOW, LOOKING OUT FOR OUR CIVIL RIGHTS TRYING TO OPEN UP A JOB MARKET WHERE PREVIOUSLY THERE HADN'T BEEN ONE. I MEAN, THEY HAD THEIR OWN AGENDA. THEY FELT THAT THE NUMBERS WERE SKEWED VASTLY. AND HELP CAME. IN 1999, THE BOARD OF EDUCATION AND THE JUSTICE DEPARTMENT REACHED AN AGREEMENT. THE WOMEN AND MINORITIES WOULD BE COMPENSATED. AND THE JUSTICE DEPARTMENT AND THEIR ATTORNEYS, LIKE SCHUHAM, HAD GOTTEN EQUAL JUSTICE UNDER THE LAW. WE BELIEVED VERY STRONGLY THAT WE HAD FOLLOWED THE LAW AND DONE JUSTICE FOR MANY WOMEN AND MINORITY PEOPLE WHO HAD BEEN SERVING IN THESE POSITIONS. WE ALL THOUGHT THAT WAS THE END, THAT THIS IS THE END. THIS IS THE WAY IT IS. YOU KNOW, WE'RE ALL SETTLED. WE'VE GOT THIS - HOWEVER IT IS NOW, WE WANT NOTHING MORE. WE EXPECT NOTHING LESS, YOU KNOW. AND, WE THOUGHT IT WAS OVER- LITTLE DID WE KNOW. LITTLE DID THEY KNOW THAT A GROUP OF WHITE MALE CUSTODIANS HAD DECIDED TO ARGUE THAT THE SETTLEMENT WOULD DISCRIMINATE AGAINST THEM, AND WITH THAT, THE COURT BATTLE CONTINUED. BUT THE GOVERNMENT AND THE CITY OF NEW YORK HAD PROMISED TO DEFEND THE SETTLEMENT AGAINST ALL COMERS. THEN, IN 2002, THE JUSTICE DEPARTMENT, UNDER THE NEW BUSH ADMINISTRATION, SUDDENLY CHANGED ITS MIND. IN THEIR VIEW, THE WOMEN HAD NOT BEEN DISCRIMINATED AGAINST. THE GOVERNMENT WOULD NO LONGER DEFEND THE WOMEN'S SETTLEMENT. INSTEAD, THE JUSTICE DEPARTMENT SIDED WITH THE WHITE MEN, TO FIGHT THE WOMEN THE DEPARTMENT HAD ONCE TRIED TO ADVANCE. I FELT TOTALLY BETRAYED, YOU KNOW. AND, I THINK ALL OF US FELT BETRAYED. WELL, THEY DEFENDED ME. THEY WENT BAT FOR ME. THEY FOUGHT. THEY TOOK THIS TO COURT. THEY WON IT. AND THEN, THEY JUST DROPPED US WITH NO EXPLANATION AS TO WHY THEY DROPPED US. THEY SPEND TEN YEARS OF OUR TIME YOU KNOW, TRYING TO MAKE THE SETTLEMENT AGREEMENT WORK TO BRING IN SOME WOMEN AND MINORITIES. AND THEN, ONCE THEY GET THEM, THEY TURN AROUND AND NOW THEY'RE BACKING THE WHITE MALES AGAIN BECAUSE THEY SAY, " WELL, THEIR RIGHTS ARE NOW BEING INFRINGED UPON." WHOEVER THOUGHT THAT THE JUSTICE DEPARTMENT WOULD TURN TO THE INJUSTICE DEPARTMENT. AFTER NEARLY A DECADE OF BATTLE AND MILLIONS OF TAX DOLLARS SPENT, THE DEPARTMENT OF JUSTICE TURNED ITS BACK ON ITS OWN HARD- FOUGHT VICTORY. WERE YOU SURPRISED WHEN THE JUSTICE DEPARTMENT UNDER THE NEW ADMINISTRATION CHANGED DIRECTIONS ON THIS CASE? I CERTAINLY WAS. IT WAS QUITE AN UNPRECEDENTED MOVE TO HAVE THE JUSTICE DEPARTMENT GO AND ATTACK THE VERY SETTLEMENT THAT IT HAD OBTAINED. IT'S THE SAME JUSTICE DEPARTMENT REGARDLESS OF THE LEADERSHIP. SCHUHAM AND HIS TEAM WERE ORDERED OFF THE CASE. ONE OF THE RESULTS OF THE ETHICS OFFICE OPINION WAS THAT WE WERE ABSOLUTELY REMOVED FROM THE CASE. WE COULD NOT TALK TO ANYBODY ABOUT THE CASE AT THAT TIME, AT THAT POINT, AND THAT INCLUDED THE VERY PEOPLE THAT WE HAD BEEN SEEKING RELIEF FOR. SO IN EFFECT, CORRECT ME IF I'M WRONG, YOU WERE FORBIDDEN TO TALK TO THEM? WE WERE FORBIDDEN TO TALK TO THEM. HOW DID YOU FEEL WHEN YOU COULDN'T COMMUNICATE WITH THE WOMEN WHO WERE LOSING SO MUCH? IT WAS VERY DIFFICULT NOT TO BE ABLE TO TALK TO THEM. WE HAD SPENT A TREMENDOUS AMOUNT OF TIME WITH THEM OVER THE YEARS. IT WAS VERY HARD TO SEE THE JUSTICE DEPARTMENT MAKE THE DECISION IT DID AND TO HAVE SUCH A MINOR ROLE IN THAT KIND OF DECISION. I CAN CERTAINLY SAY THAT WHEN YOU ARE A LAWYER WORKING FOR THE CIVIL RIGHTS DIVISION, WHEN YOU ARE ANY KIND OF CIVIL RIGHTS LAWYER FOR THAT MATTER, YOU PUT EVERYTHING THAT YOU HAVE INTO THESE KINDS OF CASES, BECAUSE YOU UNDERSTAND THEIR IMPORTANCE AND YOU UNDERSTAND THE KIND OF IMPACT THAT THEY CAN HAVE ON PEOPLE WHO SHOULD BE HELPED, AND WHOSE RIGHTS WERE VIOLATED. WELL THE WOMEN HAVE TOLD US THAT THEY FELT BETRAYED BY THE JUSTICE DEPARTMENT. WERE THEY? THEY WERE. WHAT THE JUSTICE DEPARTMENT DID WAS WRONG. IT SHOULD NOT HAVE HAPPENED. WHY ARE YOU SPEAKING OUT ABOUT IT NOW? WELL, I WANTED- I'VE COME TO SPEAK ABOUT THIS CASE FIRST AND FOREMOST BECAUSE I THINK AN INJUSTICE WAS DONE IN THIS CASE. THE OTHER REASON IS I HOPE THAT THE SITUATION NEVER REPEATS ITSELF. IT SHOULD NOT HAPPEN. AARON SCHUHAM'S CAREER AT THE JUSTICE DEPARTMENT WAS OVER. THE TRIAL TEAM, OF WHICH I AS A PART, WAS REMOVED FROM THE CASE. I THINK IT'S FAIR TO SAY THAT WE GOT SIGNALS FROM THE POLITICAL APPOINTEES IN THE DIVISION AND FROM AN ENTIRELY NEW CAREER LEADERSHIP WAS BROUGHT IN TO RUN MY OFFICE THAT THEY DID NOT WANT US AROUND. THEY MADE OUR ENVIRONMENT QUITE HOSTILE. AND I DON'T THINK WE WERE TRUSTED BY THEM AND QUITE FRANKLY, I THINK THEY HAD THE PERCEPTION THAT WE WERE STANDING IN THE WAY OF THE KINDS OF GOALS THAT THEY HAD. AND THOSE GOALS WERE TO DISMANTLE THE DIVISION AND IMPEDE ITS WORK. FACTS SHOW THAT SINCE 2002, FOUR OF FIVE DIRECTORS HAVE LEFT THE EMPLOYMENT SECTION OF THE CIVIL RIGHTS DIVISION, AND 21 OUT OF THE 32 CAREER ATTORNEYS HAVE LEFT. SOME HAD WORKED FOR DECADES IN THE CIVIL RIGHTS FIELD. WE FOUND, IN ALL, NINE FORMER CAREER ATTORNEYS FROM THE CIVIL RIGHTS DIVISION WHO SPOKE OUT AGAINST WHAT THEY CALL AN INCREASINGLY POLITICAL SLANT IN THE HIRING AT THE JUSTICE DEPARTMENT. THEY SAY THAT THE RIGHT POLITICAL OPINIONS HAVE BECOME MORE IMPORTANT THAN EXPERIENCE AND GOOD LEGAL MERITS. THOSE OF US WHO WORKED IN THE DEPARTMENT FOR ANY PERIOD OF TIME THINK IT'S THE HIGHEST CALLING. RICHARD UGELOW USED TO BE THE DEPUTY HEAD OF THE EMPLOYMENT RIGHTS SECTION FOR THE CIVIL RIGHTS DIVISION. UGELOW BEGAN AS A MILITARY JAG LAWYER AND CAME TO THE JUSTICE DEPARTMENT DURING THE NIXON ADMINISTRATION. OVER THE YEARS, HE RECEIVED AWARDS BOTH FROM REPUBLICAN AND DEMOCRATIC ADMINISTRATIONS FOR HIS AGGRESSIVE PURSUIT OF EMPLOYMENT RIGHTS FOR AMERICANS, REGARDLESS OF RACE, SEX, RELIGION AND NATIONAL ORIGIN. THAT MISSION WAS LONG DEEMED SO IMPORTANT THAT THE DIVISION, HERE IN 1981, ALWAYS HAD A CORE OF EXPERT CAREER ATTORNEYS WHO OFTEN STAYED ON WHILE THE POLITICAL LEADERSHIP CAME AND WENT. BUT UNDER PRESIDENT GEORGE W. BUSH, UGELOW SAYS, HE WAS FORCED OUT, TOGETHER WITH MANY OTHER CAREER GOVERNMENT CIVIL RIGHTS LAWYERS. THEY WERE SYSTEMATICALLY SHUFFLED OUT. I MEAN, YOU CAN LOOK AT THE HEAD OF THE EMPLOYMENT LITIGATIONS SECTION, I WAS A DEPUTY SECTION CHIEF, I WAS REMOVED. SPECIAL LITIGATION COUNSEL WAS REMOVED. ANOTHER DEPUTY SECTION CHIEF WAS FORCED OUT. THE CHIEF OF THE HOUSING SECTION WAS REMOVED. THE CHIEF OF THE VOTING SECTION WAS FORCED OUT. THE CHIEF OF THE CRIMINAL SECTION WAS FORCED OUT. OTHER DEPUTY SECTION CHIEFS IN OTHER SECTIONS WERE REMOVED FROM OFFICE. THIS DIDN'T HAPPEN BY CHANCE. WHAT AN ACCUSATION. THAT A PRESIDENT OF THE UNITED STATES AND THOSE WORKING WITH HIM AT HIGH LEVELS DO NOT WANT EFFECTIVE PEOPLE IN THE CIVIL RIGHTS DIVISION. WELL, I THINK IT'S HOW YOU DEFINE EFFECTIVE. THEY WANT A DIFFERENT TYPE OF EFFECTIVE PERSON. AND WITH DIFFERENT BACKGROUNDS, SAYS AARON SCHUHAM. VERY FEW OF THEM WERE CIVIL RIGHTS ATTORNEYS. VERY FEW OF THEM HAD ANY REAL CIVIL RIGHTS EXPERIENCE, AND SOME OF THEM HAD NO TRIAL OR LAWYER-ING EXPERIENCE AT ALL. AND BEFORE CONGRESS, MONICA GOODLING; A FORMER POLITICALLY APPOINTED WHITE HOUSE LIAISON AT THE JUSTICE DEPARTMENT, BLUNTLY ADMITTED THAT SHE HAD MADE POLITICAL HIRES FOR STAFF POSITIONS. I DO ACKNOWLEDGE THAT I MAY HAVE GONE TOO FAR IN ASKING POLITICAL QUESTIONS OF APPLICANTS FOR CAREER POSITIONS, AND I MAY HAVE TAKEN INAPPROPRIATE POLITICAL CONSIDERATIONS INTO ACCOUNT ON SOME OCCASIONS. AND I REGRET THOSE MISTAKES. THEY WERE IDENTIFYING PEOPLE THAT THEY WANTED TO REPLACE AND THEY REPLACED THEM FOR POLITICAL REASONS. AND IT CAN'T BE, IT CAN'T BE THAT ALL OF US WERE NON- PERFORMERS. DID YOU BREAK THE LAW? IS IT AGAINST THE LAW TO TAKE THOSE POLITICAL CONSIDERATIONS INTO ACCOUNT? SIR, I'M NOT ABLE TO ANSWER THAT QUESTION. I KNOW I CROSSED THE LINE. I BELIEVE I CROSSED THE LINES BUT I DIDN'T MEAN TO. AND THOSE NEW RECRUITS FROM AMONG POLITICAL PARTY LOYALISTS, UGELOW SAYS, HAVE BROUGHT SIGNIFICANTLY FEWER EMPLOYMENT DISCRIMINATION CASES IN THE LAST FEW YEARS. FOR INSTANCE, HE SAYS, ONLY ONE CASE PER YEAR INVOLVING RACE HAS BEEN FILED UNDER THIS ADMINISTRATION. OF THOSE, ONE IS ABOUT DISCRIMINATION AGAINST AFRICAN- AMERICANS. WHAT ABOUT DURING THE REAGAN ADMINISTRATION. ANOTHER REPUBLICAN ADMINISTRATION OR IN THE REPUBLICAN ADMINISTRATION OF GEORGE BUSH I. ENFORCEMENT WAS VIGOROUS IN BOTH THE REAGAN ADMINISTRATION AND BUSH I. IT WAS UNBELIEVABLY VIGOROUS. WHEN THEY WERE DROPPED, THE FEMALE CUSTODIANS FOUGHT ON, NOW WITH THE AMERICAN CIVIL LIBERTIES UNION ON THEIR SIDE. AND LAST YEAR, A DISTRICT COURT RULED THAT THEIR SETTLEMENT AGREEMENT SHOULD BE UPHELD. HAS IT BEEN WORTH IT? WE DIDN'T HAVE A CHOICE BUT SO, I'D HAVE TO SAY YEAH, IT'S BEEN WORTH IT. IT WAS YOU KNOW, EITHER CARRY ON, OR PERHAPS BE JOBLESS. AND, I'M VERY HAPPY THAT I STUCK IT OUT. AND, I DIDN'T LET MY PEERS PUSH ME BACK- OR THE U.S. GOVERNMENT. FOR OTHER MINORITY PLAINTIFFS IN THE CASE IT'S STILL NOT OVER AND THE CASE IS NOW ON ITS 12TH YEAR. HOW DO YOU EXPLAIN TO THEM THAT WE'RE REVERSING POSITION? WE NO LONGER ADVOCATING FOR YOU. WE'RE ADVOCATING FOR YOUR OPPONENT. WHAT KIND OF CREDIBILITY DO YOU HAVE WITH THEM. WHAT DOES IT SAY ABOUT THE DEPARTMENT OF JUSTICE TO DO THOSE THINGS. WHAT DOES IT SAY ABOUT THEM? THIS IS A TERRIBLE THING. PEOPLE LOSE FAITH IN THE GOVERNMENT AND THE COURTS LOSE FAITH IN THE IN THE ATTORNEY'S FOR THE DEPARTMENT OF JUSTICE. BUT LOOKING AT THE OVERALL PICTURE BASED ON YOUR EXPERIENCE AND YOUR OPINION WHAT'S HAPPENING WITH CIVIL RIGHTS LAW ENFORCEMENT IN THIS JUSTICE DEPARTMENT AT THIS TIME. IT'S DRAMATICALLY DECLINED AND IN SOME CASES, AS IN THE NEW YORK CITY CASE, IT'S NOT JUST A DECLINE OF CIVIL RIGHTS INVESTIGATIONS IN CASES, IT'S ACTUALLY A WHOLESALE ATTACK ON CIVIL RIGHTS CASES AND INVESTIGATIONS. THE CIVIL RIGHTS DIVISION WAS CREATED TO BE THE FEDERAL GOVERNMENT'S BEACON TO ENSURE THAT AMERICAN CIVIL RIGHTS ARE NOT VIOLATED AND TO KNOW THAT THE FEDERAL GOVERNMENT CAN STEP IN AND PROTECT THEM WHEN CIVIL RIGHTS VIOLATIONS HAVE HAPPENED. IT'S- IT'S POWER AND ITS WORK HAS BEEN GREATLY UNDERMINED AND I THINK IT WILL TALK MANY PEOPLE DIGGING IN AND DOING A TREMENDOUS AMOUNT OF WORK AT SOME POINT IN THE FUTURE TO REBUILD IT. DESPITE REPEATED REQUESTS FOR COMMENT, WE DID NOT RECEIVE ANY RESPONSE FROM THE JUSTICE DEPARTMENT. BUT EARLIER THIS YEAR, THE ASSISTANT ATTORNEY GENERAL FOR CIVIL RIGHTS -WAN KIM -DEFENDED THE DIVISIONS WORK IN A LETTER TO A HOUSE SUBCOMMITTEE. HE WROTE THAT THE DIVISION HAS MANY ACCOMPLISHMENTS, THANKS TO QUOTE " A HIGH LEVEL OF TEAMWORK BETWEEN CAREER ATTORNEYS AND POLITICAL APPOINTEES" AND THAT " THERE IS NO POLITICAL LITMUS TEST IN MAKING HIRING DECISIONS." AS WASHINGTON AWAITS THE INSPECTOR GENERALS REPORT ON THE CIVIL RIGHTS DIVISION, IT'S DIFFICULT TO UNDERSCORE HOW MUCH POLITICS HAD INFECTED THE HIRING PRACTICES FOR NEW LAW SCHOOL GRADUATES. ACCORDING TO THE RECENT REPORT, IN THE EARLIEST DAYS OF THE BUSH ADMINISTRATION, HIRING DECISIONS WERE TAKEN AWAY FROM CAREER ATTORNEYS AND PUT IN THE HANDS OF A SCREENING COMMITTEE OF POLITICAL ADMINISTRATION APPOINTEES. IN 2002, THE AGENCY HIRED ONE HUNDRED PERCENT OF TOP TIER CANDIDATES WITH QUOTE " CONSERVATIVE" CREDENTIALS BUT JUST SEVENTEEN PERCENT OF THOSE TAGGED AS QUOTE " LIBERALS" . AND JUST HOW DID CANDIDATES GET TAGGED AS LIBERALS? THE INVESTIGATION REVEALED A BLACK LIST OF ORGANIZATIONS RANGING FROM THE DEMOCRATIC PARTY TO THE BATTERED WOMEN IMMIGRANT PROJECT. IF YOU WORKED THERE, YOU WERE AT A SERIOUS DISADVANTAGE IN THE HIRING PROCESS. WHEN WE COME BACK WE'LL GIVE YOU AN UP CLOSE LOOK AT THE CHANGING REALITIES OF THOROUGHBRED HORSE RACING. HORSE RACING IS CALLED THE SPORT OF KINGS - YOU NEED TO BE AS RICH AS A KING TO EVEN HAVE A CHANCE OF TURNING A PROFIT. AND OVER THE PAST FEW YEARS SOME IN THE SPORT HAVE BEEN TRYING TO IMPROVE THEIR ODDS BY USING DRUGS, SOME LEGAL, SOME NOT, TO INCREASE THE STRENGTH AND SPEED OF THOROUGHBREDS. BUT THE TRAGIC COLLAPSE AND DEATH OF THE FILLY EIGHT BELLS AT THE KENTUCKY DERBY THIS PAST MAY AND THE BREAKDOWN OF THE TRIPLE CROWN FAVORITE, BIG BROWN, AT THE BELMONT STAKES IN JUNE HAS THE FANS AND THE FEDERAL GOVERNMENT WONDERING WHO SPEAKS FOR THE DELICATE ATHLETES IN THIS SPORT - THE HORSES. CONGRESS HELD A HEARING IN MID JUNE TO TRY AND ANSWER THAT QUESTION. ONE MAN WHO CALLS HIMSELF "THE VOICE OF THE HORSE" WATCHED THAT HEARING CLOSELY. RACING IS SO EXCITING TO TRAIN FOR THE BIG MOMENT, I LOVE DEALING WITH THE YOUNG HORSES, I LOVE SEEING WHICH ATHLETE IS GOING TO BE THE BEST, IT'S LIKE PROSPECTING FOR GOLD OR PROSPECTING FOR DIAMONDS, WHEN YOU SEE THE RIGHT ONE YOU KNOW YOU FOUND THE MOTHER LOAD. IT'S JUST AN UNBELIEVABLE THING WHEN YOU WIN THE KENTUCKY DERBY OR YOU WIN ONE OF THE BIG CLASSICS, THAT'S ALL YOU CAN DO IN LIFE. MY NAME IS JOHN WARD. I AM A THOROUGHBRED HORSE TRAINER FOR ABOUT THE LAST 45 YEARS OF MY LIFE. MY HIGHLIGHTS HAVE BEEN WINNING THE KENTUCKY DERBY IN 2001 WITH MANARCOS. WE WON THE KENTUCKY OAKS WHICH IS THE EQUIVALENT TO THE KENTUCKY DERBY. WE HAVE DONE IN MAJOR RACING ABOUT ANYTHING ANYBODY COULD HOPE TO DO. I AM A RESIDENT OF LEXINGTON, KENTUCKY. I'M THIRD GENERATION TRAINER ON MY FATHER'S SIDE OF THE FAMILY, I'M FOURTH GENERATION HORSEMAN ON MY MOTHER'S SIDE OF THE FAMILY SO IT'S BRED INTO ME. A TRAINERS MAIN JOB IT TO TAKE THE EQUINE ATHLETE YEP, THEY'RE GETTING THERE AND BRING THAT HORSE UP TO A RACE IN A MANNER WHERE THAT HORSE IS EDUCATED TO RUN IN A STRAIGHT LINE AS HARD AS HE CAN AND BE SUCCESSFUL. THE OWNER OF THE HORSE HIRES A TRAINER AND PAYS THE TRAINER A PER DAY FEE FOR TRAINING THAT HORSE, IT PARALLELS WHAT A HOSPITAL PROVIDES YOU, IT PARALLELS WHAT A HOTEL PROVIDES YOU, SOMEBODY TO CONTROL THE FUTURE OF THAT HORSE. IT'S EARLY IT STILL HASN'T BROKE DAYLIGHT QUITE YET, WHAT WE'RE DOING IS WE COME OUT AND STAND IN THE PADDOCK UNTIL EVERYBODY KINDA GETS TIED ON AND AWAKE AND THEN WE GO WITH OUT FIRST GROUP OF HORSES TO THE RACE TRACK AND AH, START THE DAILY TRAINING ROUTINE. A RACE HORSE IS LIKE HAVING YOUR OWN LITTLE PROFESSION SPORTS TEAM. YOU GET TO HAVE COLORS ON THAT HORSE, YOU GET TO PLAY THE PSYCHOLOGY OF WHICH RACE RIDER YOU'RE GONNA HAVE, YOU GET TO MAKE ALL THESE MANAGEMENT DECISIONS THROUGH THE CAREER OF THIS HORSE. AND IF IT'S SUCCESSFUL YOU CAN TAKE THE CREDIT. IF IT'S NOT SUCCESSFUL YOU DON'T TALK ABOUT IT ESPECIALLY AT COCKTAIL PARTIES. HORSES THAT ARE LIKE SIX AND SEVEN YEARS OLD ARE CONSIDERED TO BE WAY PAST THEIR PRIME. RACEHORSES THAT ARE THREE YEARS OLD ARE CONSIDERED TO BE IN THEIR PRIME. ONE HORSE YEAR IS EQUAL TO FIVE HUMAN YEARS SO WHEN WE RACE A TWO YEAR OLD FOR THE FIRST TIME IT'S APPROXIMATELY TEN OR 11 YEARS OF AGE. YOU HAVE TO BE VERY CAREFUL WITH THOSE ANIMALS. WE'VE GOT LITTLE LEAGUE BASEBALL PLAYER, KIDS, THAT ARE TREMENDOUS BALL PLAYERS AT THAT TIME SO IT DOESN'T MEAN YOU DON'T LET THEM COMPETE - YOU ONLY TRY TO LET ONES COMPETE THAT ARE READY TO COMPETE. THE COLT'S IN THE LEAD YOU CAN SEE HE IS BIGGER AND STRONGER YOU CAN SEE THAT HE'S GOT A LONGER STRONGER STRIDE, YOU CAN SEE THE FILLY'S STRIDE IS NOT QUITE AS LONG, THIS IS THE REASON MOST OF THE TIME WE DO NOT RACE FILLIES AGAINST COLTS. AND WE ARE TOLD NOW THAT EIGHT BELLES THE FILLY HAS BEEN INJURED. I THINK THE EIGHT BELLES INCIDENT WAS KIND OF A WAKE UP CALL TO OUR INDUSTRY. EIGHT BELLES HAD EXTREME TALENT SHE WAS A FEMALE RACING AGAINST MALES. EVEN THOUGH SHE RACED WITHOUT STEROIDS THE HORSES SHE RACED WITH HAD PROBABLY BEEN EXPOSED TO STEROIDS SO IT MADE HER JOB EVEN HARDER TO TRY TO BEAT THEM. SHE WAS SO COMPETITIVE THAT SHE PUSHED HERSELF INTO A ZONE THAT WHICH ESSENTIALLY COST HER HER LIFE. THIS MADE OUR INDUSTRY SAY WE GOT TO MAKE THE CHANGE. I THINK THERE IS A PROBLEM OF HORSES BEING OVERMEDICATED AND I THINK THE STEROIDS SHOULD BE ELIMINATED ENTIRELY FROM BEING IN THE HORSES SYSTEM DURING COMPETITION THAT DOESN'T MEAN THAT THIS HORSE AT SOMETIME IN HIS LIFE CAN'T HAVE STEROIDS TO BENEFIT HIS PHYSICAL CONDITION FOR MUSCLE REPAIR OR TO HELP THE HORSE. I AM FAIRLY LIGHT ON MY STEROID USE ALTHOUGH IF YOU DON'T USE A CERTAIN AMOUNT OF STEROIDS YOU'RE NOT COMPETITIVE IN TODAY'S RACING. WHETHER OR NOT THAT IS A GOOD THING FOR MY OWNER AND BEING A COMPETITIVE HORSEMAN THE RECORDS WILL SHOW THAT PROBABLY MY TRAINING PERCENTAGES HAVE DROPPED SINCE I HAVE TAKEN THIS STANCE. IS THAT GOOD FOR THE HORSE? YES. IS THAT GOOD FOR MY OWNER AND HIS FINANCIAL REWARD? NO. SO HOW DO YOU DRAW THAT LINE, THE BEST WAY TO DRAW THAT LINE IS TO ELIMINATE THE MEDICATIONS. WHETHER OR NOT WE EVER HAVE ANOTHER TRIPLE CROWN WINNER, I'M NOT SURE. BUT THE ELIMINATION OF MEDICATION MIGHT MAKE IT EASIER FOR THE SUPERIOR HORSE TO WIN THE TRIPLE CROWN BECAUSE THE HORSE IS COMPETING AGAINST ANIMALS WHO HAVE NOT HAD ARTIFICIAL STRENGTH ADDED TO THEM. WHEN YOU HAVE THE SUPERIOR ATHLETE HE IS SUPERIOR REGARDLESS ABOUT ANY MEDICATION YOU GIVE HIM BUT I THINK THERE ARE OTHER CLOSE TO SUPERIOR ATHLETES THAT CAN BEAT HIM IF THEY ARE ON STEROIDS AND OTHER MEDICATIONS. WHEN WE GO BACK TO HAVING NATURAL HORSES AND GOOD HORSEMEN WE ARE GOING TO HAVE BETTER, CONSISTENT RACING. WE'RE GONNA GO DOWN TURN LEFT. STAND OUT, TERRI, YOU GALLOP THE TWO AND HALF TO BACK SIDE. THIS IS THE LAST HORSE OF THE MORNING. THIS IS A TWO YEAR OLD FILLY WHO'S JUST BEEN BACK IN TRAINING ABOUT THREE WEEKS. IF YOU INVEST EIGHT MILLION DOLLARS IN TEN HORSES, IN OTHER WORDS 800 THOUSAND A PIECE, YOU ARE LUCKY TO GET ONE OUT OF TEN TO CASH FOR 10 MILLION. WHAT EVERYBODY'S LOOKING FOR IS THAT ONE HORSE THAT YOU GET THAT YOU CAN CASH FOR 25 MILLION OR 30 MILLION. SHE'S A VERY PRETTY FILLY AND VERY ATHLETIC ANIMAL. SO SHE'S WORTHY OF PUTTING THE $100 PLUS A DAY INTO TRAIN HER. PEOPLE WHO ADD TWO AND TWO AND IT MAKES FOUR NEVER GET INTO THIS BUSINESS BECAUSE IT IS FINANCIALLY NOT A GOOD INVESTMENT. BUT WERE DRILLING HOLES IN THE GROUND A GOOD INVESTMENT FOR AN OIL MAN? IT USED TO BE A BAD INVESTMENT, NOW IT'S A GREAT INVESTMENT. SO, IT TAKES THAT CERTAIN MIND TO INVEST, IT TAKES THAT COMPETITIVE NATURE, IT TAKES THAT GUY THAT'S WILLING TO GO INTO THE UNKNOWN AS A BUSINESS MAN AND PROVE THAT HIS BUSINESS INSTINCTS CAN BE BETTER THAN THE GUY NEXT DOOR. YOU KNOW, IT'S LIKE A PENNY STOCK IN THE STOCK MARKET, YOU MIGHT INVEST IN A PENNY STOCK AND IT TURNS OUT TO BE THE NEXT GOOGLE. THIS IS MINISTERS BID WE GAVE ABOUT EIGHT OR NINE HUNDRED THOUSAND FOR HIM AS YEARLING. HE'S WON HIS LAST THREE RACES IN A ROW. THE PROBLEM IS HE'S BEEN ABOUT SIX MONTHS BETWEEN THOSE WINS BECAUSE HE HAS QUARTER CRACKS LIKE BIG BROWN AND TAKES US ABOUT THAT LONG TO GET HIM BACK RIGHT TO RUN AGAIN. VERY TALENTED BUT BAD FEET. A QUARTER CRACK IS WHERE THE HOOF WALL SEPARATES GOING INTO THE CORONARY BAND, WHAT WOULD BE A CRACK OF THE FINGERNAIL ON A HUMAN BEING UP INTO YOUR CUTICLE WHICH IS A VERY PAINFUL SITUATION WHEN YOU APPLY PRESSURE TO IT. WE TRY TO HELP THOSE BY USING A FIBERGLASS PATCH SEALING IT OVER THE TOP GIVING IT SUPPORT. THAT WORKS BUT IT DOESN'T WORK 100%. BIG BROWN WAS A VICTIM OF QUARTER CRACKS. THEY HAD MANAGED THE QUARTER CRACKS VERY WELL BEFORE THE KENTUCKY DERBY BUT HE HAD TO RUN THOSE THREE RACES IN CLOSE SUCCESSION AND EACH TIME HE PUT THAT STRESS ON THOSE QUARTER CRACKS THEY TENDED TO SEPARATE MORE AND MORE. AND WHEN HE WENT INTO THE LAST RACE, THE BELMONT, IT WAS A MAJOR PROBLEM TO GET A TOP PERFORMANCE OUT OF THE ANIMAL. ANY TRAINER WOULD HAVE BEEN OVERLY CONCERNED ABOUT THAT SITUATION. AND BIG BROWN IS PLUMMETING AS THE FIELD TURNS FOR HOME IN THE BELMONT STAKES!! FROM A HISTORICAL POINT OUR BEST STALLIONS WERE BRED TO 40 OR 50 MARES A YEAR AND THEY MIGHT HAVE 35 OR 40 LIVE OFFSPRING EACH YEAR. WE STARTED TO INCREASE THAT NUMBER FOR ECONOMIC REASONS TO 80 THEN IT GOT INCREASED TO 180 THAT THEY WERE BREEDING. THE MORE HORSES BRED BY SAME STALLION THE LESS DIVERSE OUR GENETIC POOL IS. I THINK THEY'RE MORE FRAGILE THEN THEY WERE 20 YEARS AGO. WHEN YOU'RE BREEDING FOR A TRAIT LIKE SPEED YOU GET THE SPEED BUT YOU ALSO GET SOME BAD TRAITS. WE HAVE CONCENTRATED OUR GENE POOL TO SPEED AND A LACK OF DURABILITY. WE HAVE RESPONDED QUICKLY TO THE FACT THAT THEY ARE MORE FRAGILE, THAT SPEEDS HAVE PICKED UP. WE HAVE COME UP WITH A NEW TYPE OF RACE TRACK THAT IT'S A SYNTHETIC. THIS IS THE NEW MATERIAL THAT THE RACE TRACKS ARE MADE FROM, THE NEW SYNTHETIC-POLY. IT'S A VERY SAFE PRODUCT FOR THE BAD WEATHER THAT WE RACE IN AND THAT'S WHERE MOST OF OUR INJURIES HAPPEN, IS DURING THE BAD WEATHER. PLUS, IT ABSORBS A TREMENDOUS AMOUNT OF SHOCK. EVERY YEAR THE FOAL CROP IS APPROXIMATELY 40 THOUSAND FOALS, 20 THOUSAND ARE FILLIES AND 20 THOUSAND ARE COLTS. TO WIN THE KENTUCKY DERBY, IF ARE GONNA WIN IT WITH A COLT, YOU HAVE GOT TO HAVE THE ONE OF 20 THOUSAND THAT'S THE BEST HORSE AT 6:30 IN EVENING ON THE FIRST SATURDAY OF MAY. HE DOESN'T HAVE TO BE THE BEST HORSE OF ALL TIMES, HE DOESN'T HAVE BEST HORSE OF THE SPRING HE ONLY HAS TO BE THE BEST HORSE AT THAT TIME. AND THAT'S WHY THE KENTUCKY DERBY IS SO HARD TO WIN BUT THAT'S HORSE RACING. YOU LOOK AT PEDIGREES YOU LOOK AT CONFIRMATION YOU LOOK AT ALL THESE DIFFERENT VARIABLE TO FIGURE WHETHER YOU CAN FIND THOSE FEW HORSES OUT OF THAT 40 THOUSAND FOAL CROP THAT TEN HORSES THAT REALLY MAKE MONEY AND MAKE THE GAME GO ROUND. OUR BUSINESS IS SUPPORTED BY DREAMS. KENTUCKY HORSE TRAINER JOHN WARD. AND THAT'S OUR PROGRAM FOR TONIGHT. FROM NEW YORK, FOR HDNET, DAN RATHER REPORTING. GOOD NIGHT, GOOD LUCK, AND GODSPEED. |
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