French President Nicolas Sarkozy’s warning that Iran poses a threat to European security prompted a quick repudiation from Tehran (Sean Gallup/Getty Images). Iran Fires Back at Sarkozy An Iranian official said Saturday that there was “no value” in French President Nicolas Sarkozy’s statement that the Middle Eastern nation posed a threat to Europe’s security, Agence France-Presse reported (see GSN, March 21). “The Islamic republic has always been a center of stability and peace-seeking in the region and its foreign policy is completely in line with international criteria,” said Foreign Ministry spokesman Mohammad Ali Hosseini...Full Story

DOE Seeks Less Threat Reduction Funding, Group Says The U.S. Energy Department is seeking nearly $300 million less for international WMD threat reduction programs in its next budget than it received for this fiscal year, the Partnership for Global Security said last week (see GSN, March 11)...Full Story

U.S. Judge Advances Anthrax Vaccine Refusal Case By Elaine M. Grossman Global Security Newswire WASHINGTON — A U.S. federal judge has ruled that the Defense Department must again consider exonerating two military pilots whose Connecticut Air National Guard careers ended after they refused to take compulsory anthrax vaccine shots (see GSN, March 3)...Full Story

	Monday, March 24, 2008

Iran Fires Back at Sarkozy An Iranian official said Saturday that there was “no value” in French President Nicolas Sarkozy’s statement that the Middle Eastern nation posed a threat to Europe’s security, Agence France-Presse reported (see GSN, March 21). “The Islamic republic has always been a center of stability and peace-seeking in the region and its foreign policy is completely in line with international criteria,” said Foreign Ministry spokesman Mohammad Ali Hosseini. Sarkozy on Friday announced that France would reduce its nuclear arsenal to fewer than 300 warheads.  He said, though, that his nation must maintain some level of deterrent in the face of increasing Iranian missile capabilities and remaining questions about the nature of its nuclear program (see related GSN story, today). Iran has developed missiles with varying flight ranges (see GSN, Sept. 24, 2007).  Its Shahab 3 ballistic missile is believed capable of reaching Israel and southern Europe, AFP reported. “The Islamic republic intends to upgrade its capabilities,” Hosseini said.  “But drawing a parallel between these progresses and possible threats is inappropriate and invalid” (Agence France-Presse/Spacewar.com, March 22). Russia, meanwhile, responded more positively to Sarkozy’s call for negotiations on a treaty to ban short- and medium-range ballistic missiles, RIA Novosti reported. “We welcome proposals designed to strengthen international security,” according to the Russian Foreign Ministry.  “Regarding the Intermediate-Range Nuclear Forces Treaty, President Vladimir Putin proposed making obligations under it binding for all countries at a meeting with the U.S. defense and foreign secretaries” last October (see GSN, Oct. 12, 2007; RIA Novosti, March 21). The U.S. State Department on Friday did not respond directly to the French president’s request that China and the United States ratify the Comprehensive Nuclear Test Ban Treaty, the Associated Press reported.  The two nuclear powers are among the nine nations that must ratify the pact for it to enter into force (see GSN, Feb. 26). “I haven’t seen his comments, but the United States has not conducted a weapons test in a couple decades, as far as I know,” said spokesman Sean McCormack. Chinese and U.S. ratification of the treaty would “put pressure on countries that have been building things that look like test sites, like the North Koreans or, indeed, the Iranians,” said French defense expert Francois Heisbourg. Those two nations, along with nuclear-armed rivals India and Pakistan, could also face pressure should Sarkozy’s proposed short- and medium-rang missile pact ever come into existence, Heisbourg said.  They would have to join the treaty or “pay a political price,” he said. Heisbourg said upgrades to France’s fleet of military aircraft allowed the nation to reduce its nuclear arsenal, AP reported.  The size of the stockpile has been estimated at nearly 350 strategic warheads, most of which are carried by submarine-launched ballistic missiles. “When you have better planes taking over for older planes, you can afford to reduce the numbers,” Heisbourg said. “That doesn’t make us virtuous guys in itself, although of course it’s nicer to say the numbers are going down than the numbers are going up,” he added.  “What does make us more virtuous than we were before is by saying ‘By the way, that means we’re going to have 300.’  And the meaning is, ‘Oh by the way, dear Chinese friends, you better tell us how many you’ve got’” (John Leicester, Associated Press/ABC News, March 21). Back to top       DOE Seeks Less Threat Reduction Funding, Group Says The U.S. Energy Department is seeking nearly $300 million less for international WMD threat reduction programs in its next budget than it received for this fiscal year, the Partnership for Global Security said last week (see GSN, March 11). The fiscal 2009 budget request covering several programs operated by the agency’s National Nuclear Security Administration is $972.8 million.  Those programs received $1.271 billion in this fiscal year, which began Oct. 1, according to the group’s budget analysis.  It linked a number of the cuts to the pending completion of nonproliferation programs. If the proposed spending plan is approved as it stands, funding for the International Nuclear Material Protection and Cooperation program would drop from $624.5 million to $429.7 million.  The reduction comes as work finishes on security projects at Russian military and civilian nuclear sites. The budget for Nonproliferation and International Security programs would be reduced slightly from $150 million this year to $140.5 million.  All but one of the project’s subprograms would see budget reductions.  The Treaties and Agreements effort, though, would receive an additional $12 million. The Elimination of Weapons-Grade Plutonium Production program would receive $141.3 million as it completes the effort to shut down plutonium-producing energy reactors in Russia (see GSN, March 20).  The program received $179.9 million for fiscal 2008, according to the analysis. Meanwhile, the Energy Department has requested a more than $26 million funding increase for the Global Threat Reduction Initiative, a program to remove weapon-usable uranium from undersecured nuclear research reactors around the globe.  The budget would rise from $193.2 million to $219.6 million (Partnership for Global Security release, March 20). Back to top       Experts Call for Push on U.S.-Indian Nuclear Deal South Asia experts have called on top U.S. and Indian officials to broker a solution to the impasse over a bilateral civilian nuclear trade deal during talks planned in Washington this week, the Press Trust of India reported (see GSN, March 21). India’s communist parties oppose the agreement, which would make U.S. nuclear fuel and technology available to New Delhi, saying it poses a threat to their nation’s sovereignty.  They have threatened to withdraw their support of the country’s ruling government and force early elections if Indian leaders move to implement the deal. Indian Foreign Minister Pranab Mukherjee was expected to address the deal during meetings yesterday and today with Secretary of State Condoleezza Rice and other high-level U.S. officials. “The civilian nuclear deal should now be the most important thing they discuss so that they are able to assure themselves that progress can be made because the deal right now hangs in the balance,” said Harold Gould, an India expert at the University of Virginia.  “Somebody has to break through with an initiative that moves this nuclear deal back on to a positive track.  The nuclear deal has to get off the dime now,” he said, adding that the U.S. electoral season has placed consideration here of the agreement in “limbo.” “In a way they have got to address the fact that there is a certain amount of stalemate on both sides on this.  Obviously the [ruling] Congress party in India is in a very, very critical stage because of the opposition of the communists.  How are they going to work around this,” Gould said.  “The result is that there isn’t active addressing of this particular issue which really in the long run is very, very critical.” Bush administration officials are likely to seek Mukherjee’s opinion on the deal’s status, said Walter Andersen, a former high-level U.S. State Department official who now leads the South Asia Program at Johns Hopkins University’s School of Advanced International Studies. New Delhi should provide reassurance that it remains committed to implementing the deal, said Askok Mago, chairman of the Dallas-based U.S.-India Forum. “We feel very strongly that Mukherjee’s visit will result [in] the final stage to conclude a long journey which has seen a few bumps on the way,” he said (Press Trust of India/The Hindu, March 21). Back to top       Time Limited on Nuclear Deal, South Korea Says With the U.S. presidential election looming, there must be progress now in the faltering effort to dismantle North Korea’s nuclear sector, South Korean Foreign Minister Yu Myung-hwan said Saturday (see GSN, March 20). “Looking at the schedule of U.S. domestic politics, (Washington) would virtually take its hands off (the issue) once the vacation season starts in early August,” Yu said during a trip to China, the Associated Press reported. “We have to start negotiations anew from scratch if a new administration comes in the United States.  Therefore, we have to make progress in the declaration issue so as to prepare momentum” for additional talks, he said. North Korea agreed last year to give up its nuclear programs in exchange for energy, diplomatic and security benefits from the other nations in the six-party talks — China, Japan, Russia, South Korea and the United States.  The process has faltered this year amid U.S. claims that Pyongyang has yet to provide a full accounting of its atomic activities and North Korean complaints about the pace of rewards (Associated Press/Yahoo!News, March 22). Yu is scheduled to meet Wednesday in Washington with U.S. Secretary of State Condoleezza Rice, Agence France-Presse reported. “The two ministers will discuss various pending issues, including North Korea’s nuclear problem, ahead of the summit between Presidents Lee Myung-bak and George W. Bush,” according to a South Korean Foreign Ministry official (Agence France-Presse/Spacewar.com, March 24). Back to top       Iranian Nuclear Threat Persists, Israel Says Iran remains a threat to the Middle East and the international community, Israeli Defense Minister Ehud Barak told U.S. Vice President Dick Cheney yesterday, urging him not to rule out any option for addressing Tehran’s suspected nuclear weapons ambitions, the Associated Press reported (see GSN, March 21). Iran “is endangering the stability of the region and the entire world,” Barak told Cheney last night, according to a statement released by the defense minister’s office. The vice president was expected to have breakfast today with Prime Minister Ehud Olmert (Deb Riechmann, Associated Press/Charleston Daily Mail, March 24).  Cheney traveled to Turkey today for a planned meeting with President Abdullah Gul and other officials, Agence France-Presse reported (Agence France-Presse/Google News, March 24). Back to top       United Arab Emirates to Create Nuclear Agency The United Arab Emirates plans to establish a nuclear energy office to oversee the creation of a national civilian nuclear power program, Agence France-Presse reported today (see GSN, Jan. 22). The country’s governing Cabinet has approved the establishment of the new Nuclear Energy Authority, which would have “the mandate to evaluate and develop a peaceful nuclear energy program in line with the recommendations of the International Atomic Energy Agency,” Gulf News quoted state media as saying. Faced with a rising populace and industrial complex, the nation’s power capacity is expected to double in the coming 10 years. The United Arab Emirates is a member of the Gulf Cooperation Council, a consortium that also includes Bahrain, Kuwait, Oman, Qatar and Saudi Arabia (see GSN, Jan. 30).  Member nations aim to develop civilian atomic power capabilities through a shared technology program (Agence France-Presse/Google News, March 24). Back to top

U.S. Judge Advances Anthrax Vaccine Refusal Case By Elaine M. Grossman Global Security Newswire WASHINGTON — A U.S. federal judge has ruled that the Defense Department must again consider exonerating two military pilots whose Connecticut Air National Guard careers ended after they refused to take compulsory anthrax vaccine shots (see GSN, March 3). The plaintiffs were among hundreds of service members compelled to leave the military after resisting the inoculations during the late 1990s and early 2000s.  Many cited qualms about the vaccine’s safety and efficacy in protecting against inhaled anthrax, the form of exposure that Pentagon officials anticipated in the event of a biological weapons attack. The federal courts have since found that the military’s mandatory vaccine program was being conducted illegally for more than six years, beginning with its March 1998 inception (see GSN, Oct. 28, 2004).  Pending Food and Drug Administration approval for using the drug specifically against inhaled anthrax, the Defense Department could not administer the six-shot series without an individual’s informed consent, a federal judge said in an October 2004 decision. The following year, the drug agency issued its long-awaited approval (see GSN, Dec. 16, 2005).  The question has remained, though, as to whether those service members who refused the vaccine during the previous six-year period might yet be vindicated. In the latest judgment, U.S. District Judge James Robertson said the two Connecticut pilots might have a basis to demand redress.  This potentially could open the door to hundreds more military personnel seeking absolution — and perhaps reinstatement or compensation — for similarly being forced out of the service after refusing orders to take the drug, according to issue experts. The March 14 court finding said an Air Force board must revisit the plaintiffs’ years-old requests to have their military records corrected.  Both of the officers, Thomas Rempfer and the late Russell Dingle, also sought compensatory relief for back pay and lost promotions.  Rempfer additionally requested reinstatement as a Connecticut Air National Guard pilot. The case began when the two resisted taking the shots in the late 1990s and left their unit under threat of disciplinary action.  The two avoided court martial or administrative discipline by seeking reassignment to the Air Force Reserve.  Both were honorably discharged from the Guard in 1999. Arguing that they had been improperly forced out, the two officers petitioned the Air Force to correct their military records and grant relief.  In making their cases to the Air Force Board for Correction of Military Records, the pilots contended that the anthrax vaccine program was illegal at the time and thus they had a right to refuse the shots. However, the Air Force board rejected both officers’ applications, claiming that federal plaintiffs in a separate case called Doe v. Rumsfeld had failed to prove that the Pentagon vaccination effort was illegal. The Doe plaintiffs — six anonymous defense personnel subject to taking the anthrax vaccine — “did not in fact prevail against the secretary of defense,” the Air Force review board stated in March 2007 in denying the Rempfer and Dingle claims.  Dingle died in September 2005 but his estate represents him in the case. The two officers challenged the military board’s decision with a lawsuit, initially filed in federal court in December 2005 and later amended as the Doe case moved through the justice system. Imposing a permanent injunction on the Pentagon’s compulsory anthrax vaccine effort in October 2004, U.S. District Judge Emmet Sullivan said the Food and Drug Administration had never approved the vaccine as safe and effective for preventing inhalational anthrax.  The vaccine was initially developed and tested to protect laboratory workers and animal pelt handlers against anthrax contracted through the skin.  Lacking a presidential waiver, the Pentagon could not give anthrax shots without an individual’s informed consent, Sullivan wrote in his landmark decision.  Sixteen months later, a federal appeals court effectively concluded the case, determining that the FDA certification, issued in December 2005, newly permitted the drug to be administered involuntarily to military personnel. The outcome of the Doe case gave the “plaintiffs the exact result they sought: revised action by the FDA,” Sullivan later wrote. In this month’s decision, Robertson supported Rempfer and Dingle’s argument that the Air Force review board had wrongly based its denial of their petitions on a fundamental mischaracterization of the Doe case. The service board did “not accurately describe the outcome of the Doe litigation,” Robertson stated.  “Contrary to the board’s conclusion, the plaintiffs in the Doe litigation clearly prevailed.  To base denial of Rempfer’s constructive discharge and compensatory relief claims on the fiction that the Doe plaintiffs lost would be arbitrary and capricious.” The judge advanced the same argument in supporting Dingle’s parallel claim. “Taken as a whole, Judge Sullivan’s decisions in Doe v. Rumsfeld conclude that, prior to the FDA’s December 2005 rulemaking, it was a violation of federal law for military personnel to be subjected to involuntary [anthrax] inoculation because the vaccine was neither the subject of a presidential waiver nor licensed for use against inhalation anthrax,” Robertson wrote. In what is shaping up to be a split among U.S. judges, Robertson noted that some courts have differed over the question of whether military orders to take the shots prior to FDA approval were illegal.  He added that military records-correction boards are not legally bound to grant relief to applicants on the basis of a court case like Doe.  However, Robertson signaled that the courts would not tolerate a military board’s misrepresentation of Doe as a win for the Defense Department in denying service personnel claims; rather, any denial would have to be based on other grounds. The Air Force review board decision, in particular, was so flawed that it must now be reconsidered, the judge said. Remanding the Rempfer and Dingle cases back to the military panel for another look, Robertson warned the board against substituting its own views about vaccine legality for those of the federal court. “This is a big opinion,” said John Michels, co-counsel on the Doe case.  “This opens the door to a bunch of people coming back for relief.” However, a statute of limitations might prevent military personnel from filing lawsuits more than six years after an alleged wrong has occurred.  Absent new legislation on Capitol Hill, the passage of time since the Pentagon launched its anthrax vaccine program in 1998 could bar many of those affected from obtaining corrective action today, Michels said in a March 14 interview. “For a lot of people, it’s too late to go to court,” he said.  “This is a situation that cries out for congressional intervention.” Back to top       Md. Company Competes for Anthrax Vaccine Contract The Maryland-based biotechnology firm PharmAthene has obtained U.S. rights to a British-produced anthrax vaccine and plans to compete for a contract to make a next-generation treatment for the Strategic National Stockpile, the Washington Post reported today (see GSN, Oct. 11, 2007). The federal government hopes to acquire a new anthrax vaccine requiring fewer shots than the current six-dose treatment produced by Emergent BioSolutions. PharmAthene Vice President Eric Richman said his company’s clinical expertise and familiarity with U.S. regulators give it an advantage over the British firm in competing for the contract, which could be worth over $400 million. The federal government in 2006 canceled an $877.5-million deal with California-based VaxGen to produce a new anthrax vaccine (see GSN, Dec. 4, 2007). Emergent BioSolutions believes the U.S. government should seek a wider variety of countermeasures instead of pursuing a single next-generation vaccine, spokeswoman Tracey Schmitt said (Michael Rosenwald, Washington Post, March 24). Back to top

BYU Scientist Develops Chemical Sensor A Brigham Young University scientist has led the development of a next-generation portable chemical sensor that can identify nerve agents, explosives and other substances within five minutes, the Deseret Morning News reported Friday (see GSN, March 20). Working with his brother following the attacks of Sept. 11, 2001, BYU scientist Milton Lee aimed to create a chemical detector that emergency responders and military personnel could use while clothed in heavy protective suits. The resulting device is the Guardion-7, a 28-pound, briefcase-sized unit that can identify potential chemical agents with high accuracy, even in extreme climates.  Operated using three black buttons and a large on-off switch, the machine produces none of the false-positive readings found in current sensors. “When you're in a battlefield environment where decision-making is critical, you’d like to know exactly what you're dealing with,” Lee said.  “We knew there was a need for a smart detector.  Other detectors aren’t definitive enough so you can go into a courtroom and say, here is the data and this was the chemical.” The machine’s detection capabilities have been successfully tested at the Dugway Proving Ground in Utah, and the U.S. Defense Threat Reduction Agency certified the its accuracy in February. U.S. Defense Department agencies and contractors gave $5 million in grants to develop the device, which costs $55,000 per unit, according to Douglas Later, president of Torion Technologies Inc.  While advertising for the machine is showcasing its portability, its developers plan to continue efforts to make the device smaller and lighter (Tad Walch, Deseret Morning News, March 21). Back to top

India Launches Nuclear-Capable Missile India yesterday conducted a successful test launch of a nuclear-capable missile with a range of 435 miles, the Associated Press reported (see GSN, Feb. 26). The Agni 1 “missile had a textbook performance in terms of range, accuracy and lethality,” the Indian Defense Ministry said in a statement.  The weapon, which can be fitted with conventional or nuclear warheads, lifted off from Wheeler’s Island near the eastern coast of India and flew over the Bay of Bengal, the ministry said. India’s Agni missiles are considered more powerful than the nation’s short-range Prithvi ballistic missiles, medium-range Akash air-defense interceptors and Brahmos supersonic cruise missiles. India’s Agni 3 missile, which New Delhi tested in 2007, could deliver a nuclear warhead to a target in much of Asia or the Middle East.  India maintains that its missile arsenal is intended to deter Chinese and Pakistani aggression (Associated Press/Google News, March 23). Back to top

“Dirty Bomb” Sensor Detects Radioactive Cat A radioactive source detected in a car driving on Interstate 5 in Washington state was found to be a cat, the Seattle Times reported yesterday (see GSN, Aug. 16, 2006). The incident involved a U.S. Border Patrol agent who was monitoring the highway for potential transport of a radiological “dirty bomb,” said agency official Joe Giuliano. “Vehicle goes by at 70 mph,” Giuliano said last week during a meet on San Juan Island.  “Agent is in the median, a good 80 feet away from the traffic.  Signal went off and identified an isotope (in the passing car).” The agent stopped and searched the car. “Turned out to be a cat with cancer that had undergone a radiological treatment three days earlier,” Giuliano said. “That’s the type of [detection] technology we have that’s going on in the background.  You don’t see it,” he added.  “If I hadn’t told you about it, you’d never know it was there” (Danny Westneat, Seattle Times, March 23). Back to top

About Newswire  |  Contact National Journal  |  Re-Use Guidelines

© Copyright 2008 by National Journal Group, Inc. The material in this section is produced independently for NTI by National Journal Group, Inc. Any reproduction or retransmission, in whole or in part, is a violation of federal law and is strictly prohibited without the consent of the National Journal Group, Inc. All rights reserved.