Senator demands probe of Corps workers’ attacks on critics

by Jon Donley on August 5, 2009

Sen. Mary Landrieu (D-LA)Sen. Mary Lan­drieu (D-​LA) fired off a let­ter to the Pen­ta­gon on Tues­day, demand­ing an inves­ti­ga­tion into activ­i­ties by New Orleans Army Corps of Engi­neers pos­ing as Joe Six-​Pack cit­i­zens, attack­ing crit­ics of the Corps on web forums and blog com­ments in the wake of levee fail­ures in Hur­ri­cane Katrina.

PDF: Read let­ter, affi­davit and Lev​ees​.org request

Why is this impor­tant? Because it involves the fate of New Orleans and that of mil­lions of other of Amer­i­cans pro­tected and sup­plied by Corps projects. The Corps spends a mas­sive amount of our money … it’s one of the main troughs of the pub­lic pork bar­rel. Gov­ern­ment lead­ers and con­trac­tors from coast to coast are influ­enced by the Corps’ eco­nomic mus­cle. Crit­i­cize and crack down, and per­haps those con­tracts won’t be signed. Play along and get the bacon.

Com­mu­nity activists have called for a Con­gres­sional “8/​29 Com­mis­sion” to fully inves­ti­gate what went wrong dur­ing Hur­ri­cane Kat­rina. And just as the 911 Com­mis­sion was about more than New York City, such a com­mis­sion would be about more than New Orleans. Corps lev­ees pro­tect com­mu­ni­ties around the coun­try, keep water­ways open to ves­sels and other vital tasks.

But New Orleans is Ground Zero for gov­ern­ment fail­ure at the local, state and fed­eral lev­els. And the Corps is the 800-​pound gorilla. 

It was revealed months ago that the Corps had hired a new pub­lic rela­tions firm to — as the firm bragged on its web site — kneecap crit­i­cal media cov­er­age of the entity at the heart of the most costly national dis­as­ter in U.S. his­tory. Much of this involved per­sonal con­tacts with movers and shak­ers. At the same time, a del­uge of forum post­ings and com­ment­ing on blog posts began ema­nat­ing from Corps of Engi­neers IP addresses, pos­ing as reg­u­lar New Orleans cit­i­zens who sup­ported the Corps, derid­ing and often viciously attack­ing Corps critics.

Fur­ther, these posts some­times attempted to tap into racial ani­mos­ity, by using ver­bal hot but­tons, and not­ing that the destruc­tion of some major­ity black areas of the city might not have been such a bad thing.

That this hap­pened is not in ques­tion. The Corps has admit­ted it and apol­o­gized for what it char­ac­ter­ized as an iso­lated inci­dent (it wasn’t) that had been put to a halt (it hadn’t). After the release of my affi­davit in June, the Corps char­ac­ter­ized the post­ings as being done on cof­fee breaks (which evi­dently occur every few min­utes from punch-​in to punch-​out), and being allowed by Corps policy.

So with very seri­ous ques­tions still hang­ing about the Corps’ cul­pa­bil­ity in the fed­eral levee col­lapses that destroyed New Orleans, the Corps has responded with a $5 mil­lion pub­lic rela­tions cam­paign that oper­ated along­side (or directed) a del­uge of covert web post­ings meant to mar­gin­al­ize those pos­ing the questions. 

Inter­est­ingly such covert post­ings are a clear vio­la­tion of the Code of Ethics of the Pub­lic Rela­tions Soci­ety of Amer­ica, and also might be a vio­la­tion of upcom­ing FTC reg­u­la­tions requir­ing dis­clo­sure by those post­ing on the inter­net on behalf of some­one who’s pay­ing them.

And then there are poten­tial legal and pol­icy issues. Do U.S. mil­i­tary reg­u­la­tions REALLY allow its mem­bers and con­trac­tors to use taxpayer-​funded resources and com­puter net­works to covertly sav­age a command’s crit­ics? That’s appar­ently the last word out of the Corp’s New Orleans head­quar­ters. Would it have been OK for the guys and gals at Abu Ghraib to launch a taxpayer-​funded, covert pub­lic rela­tions cam­paign and assault on crit­ics of that com­mand post? Sure there’s a dif­fer­ence … the col­lapse of the Corps’ lev­ees killed a heck of a lot more peo­ple and caused a lot more damage.

If you haven’t done so, I highly rec­om­mend read­ing John Barry’s excel­lent book “Ris­ing Tide”, which among other things, deatails activ­i­ties of the Corps of Engi­neers before, dur­ing and after the Great Flood of 1927 and the col­lu­sion of the New Orleans power élite in dam­age control.

{ 2 comments… read them below or add one }

Editilla the Pun August 5, 2009 at 22:16

Hey Jon,
thank you so much for putting this together. You cov­ered all the bases: Who’s on First, What’s on Sec­ond and (but now we know) is on Third!
But really, we would have none of this with­out you.
We of course hung you onto tonight’s da’Ladder, an Extra! Extra! post. We will carry it on through tomor­row as well.
You should write a book or some­thing, this is great work.

I still main­tain that these Creep O’lays at the Exquis­ite Corps vio­lated Fed­eral Law by using Fed­eral Prop­erty to do this nefar­i­ous skul­dug­gery.
I hope this helps.
UNITED STATES CODE ANNOTATED
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART I–CRIMES
CHAPTER 47–FRAUD AND FALSE STATEMENTS
§ 1030. Fraud and related activ­ity in con­nec­tion with com­put­ers
(3) inten­tion­ally, with­out autho­riza­tion to access any non­pub­lic com­puter of a depart­ment or agency of the United States, accesses such a com­puter of that depart­ment or agency that is exclu­sively for the use of the Gov­ern­ment of the United States or, in the case of a com­puter not exclu­sively for such use, is used by or for the Gov­ern­ment of the United States and such con­duct affects that use by or for the Gov­ern­ment of the United States;
(5)(B) by con­duct described in clause (i), (ii), or (iii) of sub­para­graph (A), caused (or, in the case of an attempted offense, would, if com­pleted, have caused)–
(iv) a threat to pub­lic health or safety

We are still wait­ing to find Juris­dic­tion. Per­son­ally I think Lan­drieu should have gone to the Office of Spe­cial Coun­sel. But per­haps DOD should get first shot before they find their own Con­flict of Inter­est a month from now.
DOJ can­not inves­ti­gate this, they rep­re­sent the Corps.
FBI is actu­ally man­dated for much of this, but more on the money side.
That is why I say OSC.

Thank you again,
Editilla~New Orleans Ladder

SandySays August 5, 2009 at 22:37

This is a great day in Amer­i­can his­tory. Cit­i­zens — all across the nation — have come together and called on a mem­ber of Con­gress to do the right thing. The cit­i­zens have shown their met­tle. And now we, the cit­i­zens must place faith in the Inspec­tor Gen­eral of the DOD to con­duct a thor­ough investigation.

Sandy Rosen­thal, wife, mother, cit­i­zen of New Orleans and founder of Lev​ees​.org

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