ANTHONY P.X. BOTHWELL - ATTORNEY AT LAW
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The Bothwell Letter
News from the Law Offices of Anthony P.X. Bothwell
350 Bay Street, Suite 100PMB314, San Francisco, CA  94133                         Tel. (415) 370-9571
May 1, 2008               Vol. X / No. 1               www.apxbothwell.com                 apxb001@msn.com

                   In this issue:--
[1]  BOTHWELLS CHEER FRANCO-SCOT ALLIANCE
The late Fourth Earl of Bothwell and Mary Queen of Scots took center stage as the   world’s oldest alliance was reaffirmed Friday at the French ambassador’s residence….         
[2]  BUSH SPY PROGRAM, REMINDER OF GEORGE III 
A policy journal in Europe has published an article by Atty. Tony Bothwell that says Bush administration domestic spying is reminiscent of Colonial oppression under….     
[3]  MYTHICAL ‘WALL,’ A COVER STORY FOR PRE-9/11 FAILURES 
The “wall,” a legal barrier that supposedly kept investigators from sharing information that could have prevented 9/11, is a myth – a cover story for inept officials whose….              
[4]  AIRLINERS’ EMERGENCY ESCAPE CHUTES ‘OUT OF ORDER’

MD80 jets operated by American Airlines had non-working emergency escape chutes and other equipment defects disclosed by a conscientious flight attendant, according….
[5]  PILOTS’ AGE 60 RULE OVERTURNED
Airline pilots opposed to the FAA’s age 60 rule won when Congress enacted a law that has raised their retirement age to 65. The change came after a public admission by….
[6]  ‘SAFETY DEFECTS’ IN NUCLEAR POWER CONTROLS   
Nuclear power plant control room hardware and software developed by a British firm in Irvine, Calif. had safety defects, according to complaints by a quality assurance….        
[7]  NUCLEAR WEAPONS LABS MISMANAGED

Nuclear arms laboratories in Livermore, Calif. and Los Alamos, N.M. continue to be mismanaged despite the fact that limited liability corporations now run them for the….
[8]  EVIDENCE OF CIA LINK TO JFK ASSASSINS UNVEILED 
On the day President Kennedy was shot, Atty. Gen. Robert Kennedy discerned that CIA renegades used mafiosi (who had also been involved in attempts to kill Fidel….
[9]  IRAQ, AFGHANISTAN PRISONER ABUSE ECHOES VIETNAM
Former United Nations Undersecretary General David Crane
says torture that Tony Bothwell recalled was taught at the U.S. Army Intelligence School in the Vietnam era….
[10]  LAW PROTECTS CRIMINALS WHO ASSAULT NATIVE AMERICANS 

Sexual crimes by non-Indians against Indians have been soaring on reservations where federal law bars tribal police from exercising jurisdiction over non-Indians for….
[11]  FAMILY REUNION ATTENDED BY 300
Some 300 descendants of John Jacob Dreibelbis held a reunion marking the 275th anniversary of his emigration from Germany.  The gathering took place at the family farm in Virginville, Pa., former site of a meeting place of Native American nations. ….
[12]  CALIFORNIA ISSUES ‘OBAMA’ LICENSE PLATE
Tony Bothwell took part in Barack Obama’s Jan. 7 rally in Nasha, N.H., commissisoned a 4x6 ft. sign [san francisco supports BARACK OBAMA for president of the….


[1]  BOTHWELLS CHEER FRANCO-SCOT ALLIANCE
The late Fourth Earl of Bothwell and Mary Queen of Scots took center stage as the world’s oldest alliance was reaffirmed Friday at the French ambassador’s residence in Washington. Bothwells from California, New Hampshire and Virginia attended a presentation of a painting of the royal couple to Amb. Pierre Vimot. The Franco-Scot alliance was praised by Baronet Alastair Buchan-Hepburn, the earl’s heir, in remarks at the ambassador’s palatial home near Embassy Row. Swedish relatives of the artist, Diana Douglas-Hamilton (second cousin of Queen Elizabeth II), also attended. The watercolor depicts the earl and Mary on horseback and, in the background, mounted soldiers and Sir Alastair’s family estate, Hermitage Castle.  The earl was Scotland’s strongest military leader before he wed Mary, former queen consort of France. The earl’s mortal remains are held in Denmark where he died while a political prisoner in 1576.

[2]  BUSH SPY PROGRAM, REMINDER OF GEORGE III 
A policy journal in Europe has published an article by Atty. Tony Bothwell that says Bush administration domestic spying is reminiscent of Colonial oppression under King George III. A secret program letting National Security Agency shift supervisors spy on Americans’ e-mails and phone calls violated the Fourth Amendment, according to the paper in the current issue of Research Papers. The ban on unreasonable searches, authored by James Madison, was inspired by outrage over “general warrants” that let the king’s officers search any place they pleased, Bothwell writes. Today’s technology enables “vast and efficient elimination of civil liberty,” he says in an article titled, “Felonious, Unconstitutional, Impeachable and Tortious: President Bush’s Warrantless Domestic Spy Program.” Research Papers is published by the Human Rights Conflict Prevention Centre at the University of Bihac, in Bosnia and Herzegovina.                                                                                                          

[3]  MYTHICAL ‘WALL,’ A COVER STORY FOR PRE-9/11 FAILURES 
The “wall,” a legal barrier that supposedly kept investigators from sharing information that could have prevented 9/11, is a myth – a cover story for inept officials whose malfeasance let the terror attacks occur, a new Bothwell study reveals. Ever since the terror attacks of Sept. 11, 2001, apologists for President Bush have claimed they couldn’t stop the attacks because of a legal barrier, a “wall” between intelligence and law-enforcement agencies. They claim the Patriot Act tore down the “wall” and thus enabled investigators to share data and prevent further attacks. The “wall” was imaginary.
            U.S. Rep. Dan Lungren, R-Calif., and Lisa Monaco, chief of staff and counselor to F.B.I. Director Robert Mueller, told the American Bar Association annual meeting that the “wall” imposed legal barriers that limited sharing of information between intelligence and criminal investigators in terrorism cases. When questioned by Tony Bothwell, however, neither Lungren nor Monaco was able to cite any legal authority to back up the claim. Monaco even conceded the 9/11 attacks could have been prevented if laws that existed at the time had been more competently administered and if intelligence information then available had been better coordinated. But Lungren blamed Jamie Gorelick, the deputy attorney general in the Clinton administration, who Lungren said created the “wall.” Gorelick, informed of Lungren’s and Monaco’s remarks, told The Bothwell Letter, “There was no legal prohibition on intelligence agencies sharing information with law enforcement.  In fact, for decades before September 11, 2001, it was governmental policy (albeit, unevenly interpreted), that intelligence agencies would share relevant information with law enforcement agencies.” She cited a November 2002 FISA Court of Review decision that rejected as false the notion that law enforcement and intelligence had to be mutually exclusive.  
            There was no “wall” that could excuse the bureaucratic failures that allowed 9/11 to happen.  The CIA knew, but didn’t tell the FBI, that al Qaeda planned to fly airplanes into the World Trade Center and a target in the Washington, D.C. area.  The FBI knew that Khalid al-Midhar and Nawaq Al-hamzi were active in al Qaeda, but didn’t tell the State Department, which could have put them on a watch list before they entered the U.S. to become 9/11 hijackers.  FBI field offices in Phoenix, Oklahoma City, and Minneapolis had evidence that Islamist extremists in summer 2001 were preparing to use aircraft for attacks within the U.S., but FBI headquarters blocked them from sharing information even with each other. The CIA told President Bush in August 2001 that Osama bin Laden planned to attack inside the U.S., but Bush, on vacation, didn’t react.  Local police reportedly knew on Sept. 10, 2001 that terrorist suspects in Boston hotel rooms had air tickets to California the next day but the FBI told the police to “leave them alone.” 

[4]  AIRLINERS’ EMERGENCY ESCAPE CHUTES ‘OUT OF ORDER’
MD80 jets operated by American Airlines had non-working emergency escape chutes and other equipment defects disclosed by a conscientious flight attendant, according to court filings. The Bothwell law firm defeated a motion by the airline that would have allowed it to withhold relevant evidence. It defeated a motion that would have let airline lawyers depose the whistleblower, Dena Stiles, before she recovers from spinal surgery following an assault. The Bothwell firm also won a court fight over whether its client can assert claims for negligent as well as intentional wrongdoing. The LAX-based flight attendant’s suit in Los Angeles Superior Court seeks damages for a hostile work environment.         

[5]  PILOTS’ AGE 60 RULE OVERTURNED
Airline pilots opposed to the FAA’s age 60 rule won when Congress raised their retirement age to 65. The change came after FAA Administrator Marion Blakey conceded that there was no scientific basis for the old rule. She cited the same arguments the Bothwell law firm asserted when it brought an age 60 rule case to the U.S. Supreme Court docket.  Certiorari was denied, but the pilots later won on Capitol Hill.  The Bothwell firm is appealing a more recent U.S. District Court dismissal of a proposed class action for pilots seeking damages for income lost when the age 60 rule forced their retirement. The case, Oksner v. Blakey, is pending in the Ninth Circuit Court of Appeals.

[6]  ‘SAFETY DEFECTS’ IN NUCLEAR POWER CONTROLS     
            Nuclear power plant control room hardware and software developed by a British firm in Irvine, Calif. had safety defects, according to complaints by a quality assurance manager who formerly was a senior Nuclear Regulatory Commission inspector. The control instruments were designed for use in Florida and Nebraska nuclear plants. The London-based firm, Invensys, plc, fired the whistleblower, David Robinson, who then brought administrative and court actions.  The Orange County Superior Court dismissed a state-law claim. Robinson appealed. The U.S. Department of Labor awarded monetary damages in favor of Robinson based on federal law. Invensys appealed. He is represented by attorneys Tony Bothwell, Rey Hassan and Mark Meuser of San Francisco.  

[7]  NUCLEAR WEAPONS LABS MISMANAGED
Nuclear arms laboratories in Livermore, Calif. and Los Alamos, N.M. continue to be mismanaged despite the fact that limited liability corporations now run them for the government. The University of California, which previously had exclusive contracts to operate the weapons labs, now is part of consortia of defense contractors chosen by the U.S. Department of Energy. As a Livermore lab executive 25 years ago, Tony Bothwell organized colloquia that brought together weapons scientists and religious leaders who found common ground on arms control issues. As an attorney in more recent, unrelated cases, Bothwell has represented Livermore and Los Alamos professionals who faced discrimination and harassment. He has been involved in cases – as lead counsel, associate counsel or consulting counsel – in which weapons lab veterans have won variously reinstatement, government sanctions, and monetary damage awards. Bothwell currently is taking part in a study of health and safety issues at the Los Alamos lab.            

[8]  CIA LINK TO JFK ASSASSINS UNVEILED 
On the day President Kennedy was shot, Atty. Gen. Robert Kennedy discerned that CIA renegades used mafiosi (who had also been involved in attempts to kill Fidel Castro) to kill his brother.  That was one of the findings by David Talbot, author of Brothers: The Hidden History of the Kennedy Years (Free Press, 2007), who addressed the Rotary Club of Fisherman’s Wharf Sept. 27. “We interviewed more than 150 people for the book,” he said, including all those still living who were closest to John and Robert Kennedy.  Answering questions, Talbot said Howard Hunt (ex-CIA officer and Nixon “plumber” who supervised the Watergate burglars) gave his son, St. John Hunt, written and taped statements recounting that he had attended a 1963 Miami meeting with rogue CIA officials who plotted to kill President Kennedy. He said that there were some people in the CIA and the Pentagon who probably wanted Kennedy dead because they thought the the president’s policies, seeking a peaceful relationship with the Soviet Union, imperiled U.S. national interest.  He recalled that President Kennedy met with John Frankenheimer, director of The Manchurian Candidate, and persuaded him to make Fletcher Knebel’s novel, Seven Days in May (about a fictional military coup attempt in Washington), into a movie. A Hollywood studio, Lions Gate, has signed an option for the film rights to Brothers. Talbot noted that Robert Kennedy intended to become president and reopen the investigation of his brother’s death.

[9]  IRAQ, AFGHANISTAN PRISONER ABUSE ECHOES VIETNAM
            Former United Nations Undersecretary General David Crane says torture that Tony Bothwell recalled was taught at the U.S. Army Intelligence School in the Vietnam era “sounds similar” to abuses in Iraq and Afghanistan. Crane, a U.S. Army Judge Advocate General School professor, said “JAGs are teaching the rule of law to military commanders” but “the Department of Defense stopped following the law of war program.” Bothwell said military intelligence personnel in the Vietnam era were trained “to chop fingers off POWs as a technique of interrogation…to push POWS out of a helicopter in flight…to poison the water supply of a village, and a lot of other things.”  During a 6-month area intel course, he said, one day was devoted to a lesson on the Geneva conventions.  During breaks that day, “Army intelligence people in uniform said, ‘We’re above the law…  The Constitution does not apply to us because our work is so important….’”  Hearing this, an Air Force JAG colonel from Washington, D.C., who did not give his name, said, “I speak for the uniformed military. The rule-of-law program does continue” to provide “annual training” to troops. “Our job in JAG includes giving advice to the civilian leadership.  Our hope is that our voice will be heard.” U.S. District Court Judge Jack Tunheim of Minneapolis noted, “The torture ban may not be derogated by treaty or otherwise.” The exchange took place in an Aug. 12 ABA session in San Francisco attended by U.S. Supreme Court Justice Anthony Kennedy.
In a separate session, Geoffrey Vos of London, chairman of the Bar Council, the professional society for barristers in England and Wales, said, “We’ve exacerbated the problem so badly that other countries think they don’t need the rule of law.”  Vos added, “If John Yoo says the Geneva conventions are “quaint,” our soldiers and contractors won’t be treated with any more respect when they are captured.”  Yoo, now a law professor at the University of California, Berkeley, was the assistant attorney general who wrote a memorandum ridiculing the Geneva rules and helped write the Patriot Act. Neal Sonnett, University of Miami law professor, said, “Malaysia in 2003 defended its system by saying it’s like the system in place at Guantanamo.” Dato Param Cumaraswamy of Malaysia, former UN special rapporteur on independence of judges, alluding to Abu Graib, Guantanamo and U.S. military tribunals, asked, “What is the United States trying to preach to us?  It is no longer given any weight.” He said that when Pakistan’s former prime minister, the late Benazir Bhutto, was on trial for alleged corruption, he, Cumaraswamy, received “an intelligence recording in which a government official spoke to the judge about her sentence. I disclosed it. That sentence was set aside…a new trial was ordered.”  Cumaraswamy  added, “Executive excesses occur when extensive powers are given to the executive by legislation.”

[10]  LAW PROTECTS CRIMINALS WHO ASSAULT NATIVE AMERICANS   
Sexual crimes by non-Indians against Indians have been soaring on reservations where U.S. law bars tribal police from exercising jurisdiction over non-Indians for crimes on Indian land, ABA conferees said. Bobo Dean of Hobbs, Straus, Dean & Walker of Washington, D.C., cited an Amnesty International report that 88% of rapes and sexual assaults against Indians were committed by non-Indians. He said American Indians are the only people against whom such crimes are usually committed “by non-like people.”

[11]  FAMILY REUNION ATTENDED BY 300
Some 300 descendants of John Jacob Dreibelbis held a reunion marking the 275th anniversary of his emigration from Germany.  The gathering took place at the family farm in Virginville, Pa., former site of a meeting place of Native American nations.  Cousins inspected deed papers showing the land’s transfer from William Penn to Daniel Boone’s brother and thence to the Dreibelbis family. They saw Indian artifacts, toured the Colonial-era farmhouse, and attended an outdoor German Lutheran service. Cousin Tony Bothwell of San Francisco won the prize for having traveled farthest to attend the event last August.

[12]  CALIFORNIA ISSUES ‘OBAMA’ LICENSE PLATE
Tony Bothwell took part in Barack Obama’s Jan. 7 rally in Nasha, N.H., commissisoned a 4x6 ft. sign [san francisco supports BARACK OBAMA for president of the usa] overlooking Pier 39, and wrote an open letter urging his Pennsylvania Dutch cousins to vote. Now he has won the rights to California vehicle license plate “OBAMA.” Over the years he worked for presidential contenders                   Bill Scranton, Robert Kennedy and Jimmy Carter.     
        

ANTHONY P. X. (TONY) BOTHWELL, Esq. – Bar member: U.S. Supreme Court; U.S. courts of appeals for the District of Columbia Circuit and the Ninth Circuit; U.S. district courts for the Northern, Eastern, and Central districts of California; The State Bar of California; American Bar Assn. (past delegate to the International Court of Justice, The Hague); International Bar Association (Human Rights Institute); Southern Poverty Law Center (Leadership Council); National Lawyers Guild (former chapter executive council member); U.S. Holocaust Memorial Museum (Circle of Life); Human Rights Conflict Prevention Centre, Bosnia and Herzegovina (Advisory Committee); Rotary International (Paul Harris Fellow); Rotary Club of Fisherman's Wharf, San Francisco (President). Qualified expert: lawyers' standard of care (Los Angeles County Superior Court). Graduate: Georgetown Univ. School of Foreign Service, B.S.F.S., International Affairs; Boston Univ. School of Public Communication, M.S., Journalism; John F. Kennedy Univ. School of Law, J.D.; Golden Gate Univ. School of Law, LL.M. summa cum laude, International Legal Studies. Adjunct professor: John F. Kennedy Univ. schools of Law, Management, Liberal Arts, and Psychology. Dean’s Council, John F. Kennedy Univ. School of Law. Listed in Who’s Who in the Law; Who's Who in America; and Who's Who in the World.  Descendent of Capt. Jacob B. Dreibelbis, Berks County (Pa.) Militia, American Revolution, under command of General Washington.

 



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