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Gary Edwards

Byron York: Justice Department demolishes case against Trump order | Washington Examiner - 1 views

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    "James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground. Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States. Indeed, in court last week, Robart suggested that he, Robart, knows as much, or perhaps more, than the president about the current state of the terrorist threat in Yemen, Somalia, Libya, and other violence-plagued countries. In an exchange with Justice Department lawyer Michelle Bennett, Robart asked, "How many arrests have there been of foreign nationals for those seven countries since 9/11?" "Your Honor, I don't have that information," said Bennett. "Let me tell you," said Robart. "The answer to that is none, as best I can tell. So, I mean, you're here arguing on behalf of someone [President Trump] that says: We have to protect the United States from these individuals coming from these countries, and there's no support for that."
Gary Edwards

James Madison and the States Natural Right of Nullification ; Publius-Huldah's Blog - 0 views

  • What are the Two Conditions Precedent for Nullification?
  • The act of the federal government must be unconstitutional –  usually a usurpation of a power not delegated to the federal government in the Constitution; and
  • The act must be something The States or The People can “nullify”- i.e., refuse to obey:  the act must order them to do something or not do something.
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  • If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard [the Constitution] they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.”
  • When the act of the federal government is unconstitutional and orders The States or The People to do – or not do – something, nullification is the proper form of interposition.
  • When the act of the federal government is unconstitutional, but doesn’t order The States or The People to do – or not do – something (the alien & sedition acts), nullification is not possible. The States may interpose by objecting, as in The Virginia & Kentucky Resolutions of 1798.
  • When the act of the federal government is constitutional, but unjust (the Tariff Act of 1828), the States may not nullify it; but may interpose by objecting and trying to get the Tariff Act changed.
  • Our Founding Principles in a Nutshell
  • Rights come from God;
  • People create governments;
  • The purpose of government is to secure the rights God gave us; and
  • When a government We created seeks to take away our God given rights, We have the Right – We have the Duty – to alter, abolish, or throw off such government.
  • The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
  • It is to secure our rights to life and liberty by:
  • These enumerated powers concern: Military defense, international commerce & relations; Control of immigration and naturalization of new citizens; Creation of a uniform commercial system: Weights & measures, patents & copyrights, money based on gold & silver, bankruptcy laws, mail delivery & some road building; and With some of the Amendments, protect certain civil rights and voting rights (for blacks, women, citizens who don’t pay taxes, and citizens 18 years and older).
  • It is only with respect to the enumerated powers that the federal government has lawful authority over the Country at large. All other powers are “reserved to the several States” and The People.
  • The powers reserved to the several States will extend to all the objects which … concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”
  • Military defense (Art. I, Sec. 8, cl. 11-16); Laws against piracy and other felonies committed on the high seas (Art. I, Sec. 8, cl. 10); Protecting us from invasion (Art IV, Sec. 4); Prosecuting traitors (Art III, Sec. 3); and Restrictive immigration policies (Art. I, Sec. 9, cl. 1).
  • It is to secure our property rights by:
  • Regulating trade & commerce so we can produce, sell & prosper (Art. I, Sec. 8, cl.3). The original intent of the interstate commerce clause is to prohibit States from levying tolls & taxes on articles of commerce as they are transported thru the States for buying & selling. Establishing uniform weights & measures and a money system based on gold & silver (Art I, Sec. 8, cl. 5) – inflation via paper currency & fractional reserve lending is theft! Punishing counterfeiters (Art I, Sec. 8, cl. 6); Making bankruptcy laws to permit the orderly dissolution or reorganization of debtors’ estates with fair treatment of creditors (Art I, Sec 8, cl. 4); and Issuing patents & copyrights to protect ownership of intellectual labors (Art I, Sec 8, cl 8)
  • Madison answers the objection “that the judicial authority is to be regarded as the sole expositor of the Constitution, in the last resort”.
  • Laws against slavery (13th Amendment); Providing fair trials in federal courts (4th, 5th, 6th, 7th, and 8th Amendments); and          Obeying the Constitution!
  • The fourth Founding Principle in our Declaration is this: When government takes away our God given rights, We have the Right & the Duty to alter, abolish, or throw off such government. Nullification is thus a natural right of self-defense:
  • 1. As we have just seen, Jefferson, Madison, and Hamilton saw nullification of unconstitutional acts of the federal government as a “natural right” – not a “constitutional right”. And since Rights come from God, there is no such thing as a “constitutional right”!
  • 2. The Right of Nullification, transcending as it does, the Constitution; and being nowhere prohibited by the Constitution to the States, is a reserved power.
  • The 10th Amendment says: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
  • Madison’s Report on the Virginia Resolutions (1799-1800)
  • Now! Note Well:  Madison actually says, in the same Report Barnett cites, that it is “a plain principle, founded in common sense” that The States are the final authority on whether the federal government has violated our Constitution! Under his discussion of the 3rd Resolution, Madison says:
  • “It appears to your committee to be a plain principle, founded in common sense, illustrated by common practice, and essential to the nature of compacts; that where resort can be had to no tribunal superior to the authority of the parties, the parties themselves must be the rightful judges in the last resort, whether the bargain made, has been pursued or violated. The Constitution of the United States was formed by the sanction of the States, given by each in its sovereign capacity. It adds to the stability and dignity, as well as to the authority of the Constitution, that it rests on this legitimate and solid foundation. The States then being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal above their authority, to decide in the last resort, whether the compact made by them be violated; and consequently that as the parties to it, they must themselves decide in the last resort, such questions as may be of sufficient magnitude to require their interposition.” [emphasis mine]
  • Madison explains that if, when the federal government usurps power, the States cannot act so as to stop the usurpation, and thereby preserve the Constitution as well as the safety of The States; there would be no relief from usurped power. 
  • This would subvert the Rights of the People as well as betray the fundamental principle of our Founding:
  • …If the deliberate exercise, of dangerous power, palpably withheld by the Constitution, could not justify the parties to it, in interposing even so far as to arrest the progress of the evil, and thereby to preserve the Constitution itself as well as to provide for the safety of the parties to it; there would be an end to all relief from usurped power, and a direct subversion of the rights specified or recognized under all the State constitutions, as well as a plain denial of the fundamental principle on which our independence itself was declared.” [emphasis mine]
  • It is to secure our right to liberty by:
  • Madison explains that when the federal government acts outside the Constitution by usurping powers, and when the Constitution affords no remedy to that usurpation; then the Sovereign States who are the Parties to the Constitution must likewise step outside the Constitution and appeal to that original natural right of self-defense.
  • Madison goes on to say that all three Branches of the federal government obtain their delegated powers from the Constitution; and they may not annul the authority of their Creator.
  • but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis,) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them…” [boldface mine]
  • Application Today
  • When WE THE PEOPLE ratified our Constitution, and thereby created the federal government, WE did not delegate to our “creature” power to control our medical care, restrict guns and ammunition, dictate what is done in the public schools, dictate how we use our lands, and all the thousands of things they do WE never gave them authority in our Constitution to do.
  • Accordingly, each State has a natural right to nullify these unconstitutional dictates within its borders.  These dictates are outside the compact The Sovereign States made with each other –WE never gave our “creature” power over these objects.
  • To sum this up:
  • Nullification is a natural right of self-defense. Rights don’t come from the Constitution. Like all Rights, the right of self-defense comes from God (The Declaration of Independence, 2nd para). Nullification is a reserved power within the meaning of the 10th Amendment. The Constitution doesn’t prohibit States from nullifying, and We reserved the power to do it. God requires us to disobey civil authorities when they violate God’s Law. That’s why the 2nd para of the Declaration of Independence says we have the duty to overthrow tyrannical government. See: The Biblical Foundation of our Constitution. Nullification is required by Oath of Office:  Article VI, cl. 3 requires all State officers and judges to “support” the federal Constitution. Therefore, when the federal government violates the Constitution, the States must smack them down.
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    Incredible and passionate argument concerning the States natural God given right to nullify and render unenforceable un-Constitutional actions of the Federal Government.  As "creators" of the Federal Government, the States are obligated to nullify un-Constitutional actions and interpose Constitutional alternatives.  Huldah sites Jefferson, Madison and Hamilton as the primary Constitutional authorities for her rock solid argument.   If ever you want to learn about the Constitution, Publius Huldah is clearly the place to go.  
Gary Edwards

Newt Gingrich: 15 Things You Don't Know About Him - 1 views

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    Good article on Newt; covers the good, the bad, and the ugly.  Personally i don't trust Newt.  As former repubican senator Jim Talent of Missouri says, "He's not a reliable and trusted conservative leader".  Strangely, Talent supports Romney. And there is nothing conservative about Romney.   The one thing i do like about Newt is that he is a bomb thrower extraordinaire.  There isn't a Libertarian (moi), conservative, or Constitutional conservative anywhere that wouldn't love to see Newt in the ring with Obama, hammering his Marxist ass without mercy.  But i'm not so sure that that desire is enough to overcome the serious character flaws and self centered egotistical baggage Newt hauls around.  He proves time and again that he lacks the core values of a true conservative, including dedication to the upholding the Constitution and Rule of Law. Funny though that a valueless establishment repubican "we can manage big government more efficiently and make it work" guy like Romney is attacking Newt as not being a true conservative?  What does that make Romney?  At least Newt can point to the awesome Contract with America repubican take over of Congress - after 40 years in the wilderness. Even though Ron Paul has lost it on foreign policy, i continue to send money.  My switch from Reagan Constitutional Conservative to Libertarian has "nearly" everything to do with the 2008 financial collapse, and the years of research and study that followed.   I say "nearly" because i just couldn't pull the trigger until unexpectedly i found myself in a Bloomberg discussion questioning my support for Herman Cain.  Sadly, Herman supports the Federal Reserve, including full approval of both Greenspan and Bernacke policies that have destroyed the US dollar and enabled the Banksters to run off with over $29 Trillion of our money.  Of course, this is an indefensible and inexcusable position.  The Libertarian's in the discussion pointed out that the problems this country faces cann
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    disclosure: I met Cokie and Steve Roberts at an intimate house party in NH. Probably in 1991. Very nice people but they are full blown unionist-socialist-progressives iron bent on the European Socialism model. Not Constitutionalist in any way shape of form. Certainly not Constitutional Capitalist or free market types either.
Gary Edwards

Peter Beinart: How Ron Paul Will Change the GOP in 2012 - The Daily Beast - 2 views

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    Not a big Peter Beinhart fan, but this article explains a large part of the Ron Paul phenom. After a life time as a big C Goldwater-Reagan Constitutional Conservative, this summer i made a full transition to big C Constitutional Libertarian. The tipping point for me was the GAO audit of the Federal Reserve, where they discovered $16.1 Trillion of taxpayer dollars missing from the Federal Reserve Bankster Cartel management books. It went to a who's who of international Bankster Cartel members. None of the taxpayer funded "financial collapse of 2008" bailout dollars went to the purposes chartered by their legislation. That includees the TARP $850 Billion, the Obama Stimulous $1 Trillion, and the mega FRBC $16.1 Trillion. No bad debts were purchased and retired. No rotting mortgage securities were swept up and restructured. No shovel ready jobs either. And no one in government or banksterism having caused the financial collapse went to jail. Instead, the perps feasted on the bailout dollars. The debt remains on the books of international Banksters, collecting interest, thirsting for foreclosure. The Bankster Cartel members are flush with cash, but not lending. By law (The Federal Reserve Act of December 23rd, 1913), FRBC members must keep a significant amount of their assets on "reserve" at the Federal Reserve, at 6% interest. In exchange for managing this process and the exploding money supply, the taxpayers of the USA are obligated by law to pay the FRBC 1% per year of (assets under management" (the money supply). Take note: the FRBC takes the 1% per year payment for their services in the form of GOLD!! They will not take payment in the form of paper notes labeled legal tender "Federal Reserve Notes". They only take GOLD. My transition to Constitutional Libertarian begins with a strct reading of the Constitution (the How), the Declaration of Independence, (the Why), and belief in the Rule of Law, not man. The concept of achievi
Gary Edwards

The Constitution and Foreign Policy: The Future of Freedom Foundation - 0 views

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    The Constitution and Foreign Policy by Bart Frazier, Posted October 17, 2007 Protecting the country from invasion and securing individual rights are two of the vital functions of the federal government. At the same time the government is the greatest threat to our freedom. This was the subject of FFF's June conference, "Restoring the Republic: Foreign Policy and Civil Liberties." An underlying theme, touched on by every one of the speakers, was the relationship between the state and the individual, for it is the individual who ultimately feels the effects of the government policies. For Americans, the rulebook for this relationship is the Constitution. In the United States, the Constitution is the primary connection between the individual and the state. It is the law of the land and the document that trumps all others when determining what the state may and may not do. The Constitution was designed to protect us, the people, from government. It is the government, however, that has advanced an overactive foreign policy for the past several decades, and it is the American people who now feel the adverse effects of the resulting blowback. It is the government that violates civil liberties, and it is the individual who feels the effects of government surveillance, detention, and torture.
Gary Edwards

Member List - ICLEI Local Governments for Sustainability USA - 0 views

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    ICLEI is a UN Agenda 21 initiative.  It's a direct assault on property ownership rights.  I had my own first hand view of these Marxists at work in the small town of Belmont California, when the Fire Chief presented a plan to turn 2/3rd's of the cities land over to the State by declaring it "a risk fire hazard zone".  The declaration would move the 2/3rds to State control and regulation, dramatically increasing the costs of building codes compliance and insurance, while effectively ending development and property improvement.  It would also end the sale of homes in these sectors since Home Owners insurance and property compliance would be prohibitively expensive.  Agenda 21 at work.  Right next door.   From TeaPartyORG:  http://goo.gl/QHIOS ......   "The International Council for Local Environmental Initiatives (ICLEI) is a conglomerate of 600 national, regional, and local government associations who promote "sustainable development" and protection of the environment because of man-made global warming that does not exist. "Sustainable development" is the United Nations effort to contain and limit economic development in developed countries and thus control population growth. It is "sustainable de-growth," plain and simple. The focus is "low-income agriculture" and to set limits on the developed world. United Nations and its affiliates believe that first world countries polluted significantly during their development while urging third world countries to reduce pollution thus impeding their growth. Implementation of"sustainable development" would revert our society to a pre-modern lifestyle. ICLEI wants to keep the environment as pristine as possible through "ideal-seeking behavior." These euphemisms are not clearly defined in terms of what or who will evaluate or set the standards for this "ideal-seeking behavior." Agenda 21 sets up the global infrastructure to manage, count, and control assets. It is not concerned with
Gary Edwards

The Divider vs. the Thinker - WSJ.com - 0 views

  • There's a lot to rebel against, to want to throw off. If they want to make a serious economic and political critique, they should make the one Gretchen Morgenson and Joshua Rosner make in "Reckless Endangerment": that real elites in Washington rigged the system for themselves and their friends, became rich and powerful, caused the great catering, and then "slipped quietly from the scene."
  • It is a blow-by-blow recounting of how politicians—Democrats and Republicans—passed the laws that encouraged the banks to make the loans that would never be repaid, and that would result in your lost job.
  • It began in the early 1990s, in the Clinton administration, and continued under the Bush administration, with the help of an entrenched Congress that wanted only two things: to receive campaign contributions and to be re-elected.
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  • Specifically it is the story of Fannie Mae and Freddie Mac, the mortgage insurers, and how their politically connected CEOs, especially Fannie's Franklin Raines and James Johnson, took actions that tanked the American economy and walked away rich.
  • "the temptation to exploit fear and envy returns." Politicians divide in order to "evade responsibility for their failures" and to advance their interests.
  • "The American Idea"
  • Which gets us to Rep. Paul Ryan. Mr. Ryan receives much praise, but I don't think his role in the current moment has been fully recognized. He is doing something unique in national politics. He thinks. He studies. He reads. Then he comes forward to speak, calmly and at some length, about what he believes to be true. He defines a problem and offers solutions, often providing the intellectual and philosophical rationale behind them.
  • But Republicans, in their desire to defend free economic activity, shouldn't be snookered by unthinking fealty to big business. They should never defend—they should actively oppose—the kind of economic activity that has contributed so heavily to the crisis.
  • Here Mr. Ryan slammed "corporate welfare and crony capitalism."
  • "Why have we extended an endless supply of taxpayer credit to Fannie Mae and Freddie Mac, instead of demanding that their government guarantee be wound down and their taxpayer subsidies ended?" Why are tax dollars being wasted on bankrupt, politically connected solar energy firms like Solyndra? "Why is Washington wasting your money on entrenched agribusiness?"
  • The "true sources of inequity in this country," he continued, are "corporate welfare that enriches the powerful, and empty promises that betray the powerless."
  • The real class warfare that threatens us is "a class of bureaucrats and connected crony capitalists trying to rise above the rest of us, call the shots, rig the rules, and preserve their place atop society."
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    Peggy Noonan writes about Paul Ryan's "The American Idea" speech he recently gave at the heritage Foundation.  It's a beautifully written summary that goes right to the heart of the matter:  the ruling elites have been enriching themselves, feeding at the public trough of corporate welfare and crony capitalism.  Washington DC is corrupt and rotten to the core, and the hand maiden of Banksters, Global Corporatist, Big Unions, and Big Bearucracy.   One things for sure.  Congressman Paul Ryan is a brilliant thinker aho believes in the great promise he calls "The American Idea".   Funny how, as the presidential primary race rolls on, my hopeful attention is being drawn towards four men:  Herman Cain, Paul Ryan, Ron Paul and Marco Rubio.   Herman unfortunately is soft on Banksters, totally unaware and oblivious to the need to take back the currency, and end the Federal Reserve Bankster Cartel.  I also have some difficulties with the "revenue neutral" aspects of his 999 plan.  We need less government, not more.  The private sector needs to keep more money, not less.   Too bad because everything else about Herman excites me.  Especially his authentic, from the heart love of America, American exceptionalism and opportunity, and the founders truly unique "American Idea". Ron Paul has an awesome "American Recovery" plan.  Awesome.  But his remarks on terrorism and foreign policy stray far from his usual reliance on the Constitution and the 10th Amendment.   He's right about the connection between global corporatism and the never ending militarism they push.  But he's dead ass wrong about our enemies and their intentions.  And that's scary.  If RP had stuck to the Constitution and 10th Amendment, i would fully support him.   If it's not an enumerated power, it belongs to the States and individual citizens.  End of story.   Marco Rubio is awesome in the same way Herman is.  He connects with a special authenticity that screams the principles and val
Gary Edwards

The obscure legal system that lets corporations sue countries | Claire Provost and Matt... - 0 views

  • Every year on 15 September, thousands of Salvadorans celebrate the date when much of Central America gained independence from Spain. Fireworks are set off and marching bands parade through villages across the country. But, last year, in the town of San Isidro, in Cabañas, the festivities had a markedly different tone. Hundreds had gathered to protest against the mine. Gold mines often use cyanide to separate gold from ore, and widespread concern over already severe water contamination in El Salvador has helped fuel a powerful movement determined to keep the country’s minerals in the ground. In the central square, colourful banners were strung up, calling on OceanaGold to drop its case against the country and leave the area. Many were adorned with the slogan, “No a la mineria, Si a la vida” (No to mining, Yes to life). On the same day, in Washington DC, Parada gathered his notes and shuffled into a suite of nondescript meeting rooms in the World Bank’s J building, across the street from its main headquarters on Pennsylvania Avenue. This is the International Centre for the Settlement of Investment Disputes (ICSID): the primary institution for handling the cases that companies file against sovereign states. (The ICSID is not the sole venue for such cases; there are similar forums in London, Paris, Hong Kong and the Hague, among others.) The date of the hearing was not a coincidence, Parada said. The case has been framed in El Salvador as a test of the country’s sovereignty in the 21st century, and he suggested that it should be heard on Independence Day. “The ultimate question in this case,” he said, “is whether a foreign investor can force a government to change its laws to please the investor as opposed to the investor complying with the laws they find in the country.”
  • Most international investment treaties and free-trade deals grant foreign investors the right to activate this system, known as investor-state dispute settlement (ISDS), if they want to challenge government decisions affecting their investments. In Europe, this system has become a sticking point in negotiations over the controversial Transatlantic Trade and Investment Partnership (TTIP) deal proposed between the European Union and the US, which would massively extend its scope and power and make it harder to challenge in the future. Both France and Germany have said that they want access to investor-state dispute settlement removed from the TTIP treaty currently under discussion. Investors have used this system not only to sue for compensation for alleged expropriation of land and factories, but also over a huge range of government measures, including environmental and social regulations, which they say infringe on their rights. Multinationals have sued to recover money they have already invested, but also for alleged lost profits and “expected future profits”. The number of suits filed against countries at the ICSID is now around 500 – and that figure is growing at an average rate of one case a week. The sums awarded in damages are so vast that investment funds have taken notice: corporations’ claims against states are now seen as assets that can be invested in or used as leverage to secure multimillion-dollar loans. Increasingly, companies are using the threat of a lawsuit at the ICSID to exert pressure on governments not to challenge investors’ actions.
  • “I had absolutely no idea this was coming,” Parada said. Sitting in a glass-walled meeting room in his offices, at the law firm Foley Hoag, he paused, searching for the right word to describe what has happened in his field. “Rogue,” he decided, finally. “I think the investor-state arbitration system was created with good intentions, but in practice it has gone completely rogue.”
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  • The quiet village of Moorburg in Germany lies just across the river from Hamburg. Past the 16th-century church and meadows rich with wildflowers, two huge chimneys spew a steady stream of thick, grey smoke into the sky. This is Kraftwerk Moorburg, a new coal-fired power plant – the village’s controversial next-door neighbour. In 2009, it was the subject of a €1.4bn investor-state case filed by Vattenfall, the Swedish energy giant, against the Federal Republic of Germany. It is a prime example of how this powerful international legal system, built to protect foreign investors in developing countries, is now being used to challenge the actions of European governments as well. Since the 1980s, German investors have sued dozens of countries, including Ghana, Ukraine and the Philippines, at the World Bank’s Centre in Washington DC. But with the Vattenfall case, Germany found itself in the dock for the first time. The irony was not lost on those who considered Germany to be the grandfather of investor-state arbitration: it was a group of German businessmen, in the late 1950s, who first conceived of a way to protect their overseas investments as a wave of developing countries gained independence from European colonial powers. Led by Deutsche Bank chairman Hermann Abs, they called their proposal an “international magna carta” for private investors.
  • In the 1960s, the idea was taken up by the World Bank, which said that such a system could help the world’s poorer countries attract foreign capital. “I am convinced,” the World Bank president George Woods said at the time, “that those … who adopt as their national policy a welcome [environment] for international investment – and that means, to mince no words about it, giving foreign investors a fair opportunity to make attractive profits – will achieve their development objectives more rapidly than those who do not.” At the World Bank’s 1964 annual meeting in Tokyo, it approved a resolution to set up a mechanism for handling investor-state cases. The first line of the ICSID Convention’s preamble sets out its goal as “international cooperation for economic development”. There was sharp opposition to this system from its inception, with a bloc of developing countries warning that it would undermine their sovereignty. A group of 21 countries – almost every Latin American country, plus Iraq and the Philippines – voted against the proposal in Tokyo. But the World Bank moved ahead regardless. Andreas Lowenfeld, an American legal academic who was involved in some of these early discussions, later remarked: “I believe this was the first time that a major resolution of the World Bank had been pressed forward with so much opposition.”
  • now governments are discovering, too late, the true price of that confidence. The Kraftwerk Moorburg plant was controversial long before the case was filed. For years, local residents and environmental groups objected to its construction, amid growing concern over climate change and the impact the project would have on the Elbe river. In 2008, Vattenfall was granted a water permit for its Moorburg project, but, in response to local pressure, local authorities imposed strict environmental conditions to limit the utility’s water usage and its impact on fish. Vattenfall sued Hamburg in the local courts. But, as a foreign investor, it was also able to file a case at the ICSID. These environmental measures, it said, were so strict that they constituted a violation of its rights as guaranteed by the Energy Charter Treaty, a multilateral investment agreement signed by more than 50 countries, including Sweden and Germany. It claimed that the environmental conditions placed on its permit were so severe that they made the plant uneconomical and constituted acts of indirect expropriation.
  • With the rapid growth in these treaties – today there are more than 3,000 in force – a specialist industry has developed in advising companies how best to exploit treaties that give investors access to the dispute resolution system, and how to structure their businesses to benefit from the different protections on offer. It is a lucrative sector: legal fees alone average $8m per case, but they have exceeded $30m in some disputes; arbitrators’ fees at start at $3,000 per day, plus expenses.
  • Vattenfall v Germany ended in a settlement in 2011, after the company won its case in the local court and received a new water permit for its Moorburg plant – which significantly lowered the environmental standards that had originally been imposed, according to legal experts, allowing the plant to use more water from the river and weakening measures to protect fish. The European Commission has now stepped in, taking Germany to the EU Court of Justice, saying its authorisation of the Moorburg coal plant violated EU environmental law by not doing more to reduce the risk to protected fish species, including salmon, which pass near the plant while migrating from the North Sea. A year after the Moorburg case closed, Vattenfall filed another claim against Germany, this time over the federal government’s decision to phase out nuclear power. This second suit – for which very little information is available in the public domain, despite reports that the company is seeking €4.7bn from German taxpayers – is still ongoing. Roughly one third of all concluded cases filed at the ICSID are recorded as ending in “settlements”, which – as the Moorburg dispute shows – can be very profitable for investors, though their terms are rarely fully disclosed.
  • “It was a total surprise for us,” the local Green party leader Jens Kerstan laughed, in a meeting at his sunny office in Hamburg last year. “As far as I knew, there were some [treaties] to protect German companies in the [developing] world or in dictatorships, but that a European company can sue Germany, that was totally a surprise to me.”
  • While a tribunal cannot force a country to change its laws, or give a company a permit, the risk of massive damages may in some cases be enough to persuade a government to reconsider its actions. The possibility of arbitration proceedings can be used to encourage states to enter into meaningful settlement negotiations.
  • A small number of countries are now attempting to extricate themselves from the bonds of the investor-state dispute system. One of these is Bolivia, where thousands of people took to the streets of the country’s third-largest city, Cochabamba, in 2000, to protest against a dramatic hike in water rates by a private company owned by Bechtel, the US civil engineering firm. During the demonstrations, the Bolivian government stepped in and terminated the company’s concession. The company then filed a $50m suit against Bolivia at the ICSID. In 2006, following a campaign calling for the case to be thrown out, the company agreed to accept a token payment of less than $1. After this expensive case, Bolivia cancelled the international agreements it had signed with other states giving their investors access to these tribunals. But getting out of this system is not easily done. Most of these international agreements have sunset clauses, under which their provisions remain in force for a further 10 or even 20 years, even if the treaties themselves are cancelled.
  • There are now thousands of international investment agreements and free-trade acts, signed by states, which give foreign companies access to the investor-state dispute system, if they decide to challenge government decisions. Disputes are typically heard by panels of three arbitrators; one selected by each side, and the third agreed upon by both parties. Rulings are made by majority vote, and decisions are final and binding. There is no appeals process – only an annulment option that can be used on very limited grounds. If states do not pay up after the decision, their assets are subject to seizure in almost every country in the world (the company can apply to local courts for an enforcement order).
  • While there is no equivalent of legal aid for states trying to defend themselves against these suits, corporations have access to a growing group of third-party financiers who are willing to fund their cases against states, usually in exchange for a cut of any eventual award.
  • Increasingly, these suits are becoming valuable even before claims are settled. After Rurelec filed suit against Bolivia, it took its case to the market and secured a multimillion-dollar corporate loan, using its dispute with Bolivia as collateral, so that it could expand its business. Over the last 10 years, and particularly since the global financial crisis, a growing number of specialised investment funds have moved to raise money through these cases, treating companies’ multimillion-dollar claims against states as a new “asset class”.
  • El Salvador has already spent more than $12m defending itself against Pacific Rim, but even if it succeeds in beating the company’s $284m claim, it may never recover these costs. For years Salvadoran protest groups have been calling on the World Bank to initiate an open and public review of ICSID. To date, no such study has been carried out. In recent years, a number of ideas have been mooted to reform the international investor-state dispute system – to adopt a “loser pays” approach to costs, for example, or to increase transparency. The solution may lie in creating an appeals system, so that controversial judgments can be revisited.
  • Brazil has never signed up to this system – it has not entered into a single treaty with these investor-state dispute provisions – and yet it has had no trouble attracting foreign investment.
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    "Luis Parada's office is just four blocks from the White House, in the heart of K Street, Washington's lobbying row - a stretch of steel and glass buildings once dubbed the "road to riches", when influence-peddling became an American growth industry. Parada, a soft-spoken 55-year-old from El Salvador, is one of a handful of lawyers in the world who specialise in defending sovereign states against lawsuits lodged by multinational corporations. He is the lawyer for the defence in an obscure but increasingly powerful field of international law - where foreign investors can sue governments in a network of tribunals for billions of dollars. Fifteen years ago, Parada's work was a minor niche even within the legal business. But since 2000, hundreds of foreign investors have sued more than half of the world's countries, claiming damages for a wide range of government actions that they say have threatened their profits. In 2006, Ecuador cancelled an oil-exploration contract with Houston-based Occidental Petroleum; in 2012, after Occidental filed a suit before an international investment tribunal, Ecuador was ordered to pay a record $1.8bn - roughly equal to the country's health budget for a year. (Ecuador has logged a request for the decision to be annulled.) Parada's first case was defending Argentina in the late 1990s against the French conglomerate Vivendi, which sued after the Argentine province of Tucuman stepped in to limit the price it charged people for water and wastewater services. Argentina eventually lost, and was ordered to pay the company more than $100m. Now, in his most high-profile case yet, Parada is part of the team defending El Salvador as it tries to fend off a multimillion-dollar suit lodged by a multinational mining company after the tiny Central American country refused to allow it to dig for gold."
Paul Merrell

Edward Snowden: NSA whistleblower answers reader questions | World news | guardian.co.uk - 0 views

  • The 29-year-old former NSA contractor and source of the Guardian's NSA files coverage will – with the help of Glenn Greenwald – take your questions today on why he revealed the NSA's top-secret surveillance of US citizens, the international storm that has ensued, and the uncertain future he now faces. Ask him anything.
  • I did not reveal any US operations against legitimate military targets. I pointed out where the NSA has hacked civilian infrastructure such as universities, hospitals, and private businesses because it is dangerous. These nakedly, aggressively criminal acts are wrong no matter the target. Not only that, when NSA makes a technical mistake during an exploitation operation, critical systems crash. Congress hasn't declared war on the countries - the majority of them are our allies - but without asking for public permission, NSA is running network operations against them that affect millions of innocent people. And for what? So we can have secret access to a computer in a country we're not even fighting? So we can potentially reveal a potential terrorist with the potential to kill fewer Americans than our own Police? No, the public needs to know the kinds of things a government does in its name, or the "consent of the governed" is meaningless.
  • I was debriefed by Glenn and his peers over a number of days, and not all of those conversations were recorded. The statement I made about earnings was that $200,000 was my "career high" salary. I had to take pay cuts in the course of pursuing specific work. Booz was not the most I've been paid.
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  • 1) More detail on how direct NSA's accesses are is coming, but in general, the reality is this: if an NSA, FBI, CIA, DIA, etc analyst has access to query raw SIGINT databases, they can enter and get results for anything they want. Phone number, email, user id, cell phone handset id (IMEI), and so on - it's all the same. The restrictions against this are policy based, not technically based, and can change at any time. Additionally, audits are cursory, incomplete, and easily fooled by fake justifications. For at least GCHQ, the number of audited queries is only 5% of those performed.
  • Obama's campaign promises and election gave me faith that he would lead us toward fixing the problems he outlined in his quest for votes. Many Americans felt similarly. Unfortunately, shortly after assuming power, he closed the door on investigating systemic violations of law, deepened and expanded several abusive programs, and refused to spend the political capital to end the kind of human rights violations like we see in Guantanamo, where men still sit without charge.
  • All I can say right now is the US Government is not going to be able to cover this up by jailing or murdering me. Truth is coming, and it cannot be stopped
  • NSA likes to use "domestic" as a weasel word here for a number of reasons. The reality is that due to the FISA Amendments Act and its section 702 authorities, Americans’ communications are collected and viewed on a daily basis on the certification of an analyst rather than a warrant. They excuse this as "incidental" collection, but at the end of the day, someone at NSA still has the content of your communications. Even in the event of "warranted" intercept, it's important to understand the intelligence community doesn't always deal with what you would consider a "real" warrant like a Police department would have to, the "warrant" is more of a templated form they fill out and send to a reliable judge with a rubber stamp.
  • Glenn Greenwald follow up: When you say "someone at NSA still has the content of your communications" - what do you mean? Do you mean they have a record of it, or the actual content? Both. If I target for example an email address, for example under FAA 702, and that email address sent something to you, Joe America, the analyst gets it. All of it. IPs, raw data, content, headers, attachments, everything. And it gets saved for a very long time - and can be extended further with waivers rather than warrants.
  • What are your thoughts on Google's and Facebook's denials? Do you think that they're honestly in the dark about PRISM, or do you think they're compelled to lie? Perhaps this is a better question to a lawyer like Greenwald, but: If you're presented with a secret order that you're forbidding to reveal the existence of, what will they actually do if you simply refuse to comply (without revealing the order)? Answer: Their denials went through several revisions as it become more and more clear they were misleading and included identical, specific language across companies. As a result of these disclosures and the clout of these companies, we're finally beginning to see more transparency and better details about these programs for the first time since their inception. They are legally compelled to comply and maintain their silence in regard to specifics of the program, but that does not comply them from ethical obligation. If for example Facebook, Google, Microsoft, and Apple refused to provide this cooperation with the Intelligence Community, what do you think the government would do? Shut them down?
  • Some skepticism exists about certain of your claims, including this: I, sitting at my desk, certainly had the authorities to wiretap anyone, from you, or your accountant, to a federal judge, to even the President if I had a personal email. Do you stand by that, and if so, could you elaborate? Answer: Yes, I stand by it. US Persons do enjoy limited policy protections (and again, it's important to understand that policy protection is no protection - policy is a one-way ratchet that only loosens) and one very weak technical protection - a near-the-front-end filter at our ingestion points. The filter is constantly out of date, is set at what is euphemistically referred to as the "widest allowable aperture," and can be stripped out at any time. Even with the filter, US comms get ingested, and even more so as soon as they leave the border. Your protected communications shouldn't stop being protected communications just because of the IP they're tagged with. More fundamentally, the "US Persons" protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it's only victimizing 95% of the world instead of 100%. Our founders did not write that "We hold these Truths to be self-evident, that all US Persons are created equal."
  • Edward, there is rampant speculation, outpacing facts, that you have or will provide classified US information to the Chinese or other governments in exchange for asylum. Have/will you? Answer: This is a predictable smear that I anticipated before going public, as the US media has a knee-jerk "RED CHINA!" reaction to anything involving HK or the PRC, and is intended to distract from the issue of US government misconduct. Ask yourself: if I were a Chinese spy, why wouldn't I have flown directly into Beijing? I could be living in a palace petting a phoenix by now.
  • US officials say this every time there's a public discussion that could limit their authority. US officials also provide misleading or directly false assertions about the value of these programs, as they did just recently with the Zazi case, which court documents clearly show was not unveiled by PRISM. Journalists should ask a specific question: since these programs began operation shortly after September 11th, how many terrorist attacks were prevented SOLELY by information derived from this suspicionless surveillance that could not be gained via any other source? Then ask how many individual communications were ingested to acheive that, and ask yourself if it was worth it. Bathtub falls and police officers kill more Americans than terrorism, yet we've been asked to sacrifice our most sacred rights for fear of falling victim to it. Further, it's important to bear in mind I'm being called a traitor by men like former Vice President Dick Cheney. This is a man who gave us the warrantless wiretapping scheme as a kind of atrocity warm-up on the way to deceitfully engineering a conflict that has killed over 4,400 and maimed nearly 32,000 Americans, as well as leaving over 100,000 Iraqis dead. Being called a traitor by Dick Cheney is the highest honor you can give an American, and the more panicked talk we hear from people like him, Feinstein, and King, the better off we all are. If they had taught a class on how to be the kind of citizen Dick Cheney worries about, I would have finished high school.
  • Is encrypting my email any good at defeating the NSA survelielance? Id my data protected by standard encryption? Answer: Encryption works. Properly implemented strong crypto systems are one of the few things that you can rely on. Unfortunately, endpoint security is so terrifically weak that NSA can frequently find ways around it. 
  • Binney, Drake, Kiriakou, and Manning are all examples of how overly-harsh responses to public-interest whistle-blowing only escalate the scale, scope, and skill involved in future disclosures. Citizens with a conscience are not going to ignore wrong-doing simply because they'll be destroyed for it: the conscience forbids it. Instead, these draconian responses simply build better whistleblowers. If the Obama administration responds with an even harsher hand against me, they can be assured that they'll soon find themselves facing an equally harsh public response. This disclosure provides Obama an opportunity to appeal for a return to sanity, constitutional policy, and the rule of law rather than men. He still has plenty of time to go down in history as the President who looked into the abyss and stepped back, rather than leaping forward into it. I would advise he personally call for a special committee to review these interception programs, repudiate the dangerous "State Secrets" privilege, and, upon preparing to leave office, begin a tradition for all Presidents forthwith to demonstrate their respect for the law by appointing a special investigator to review the policies of their years in office for any wrongdoing. There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency. 
  • What would you say to others who are in a position to leak classified information that could improve public understanding of the intelligence apparatus of the USA and its effect on civil liberties?
  • This country is worth dying for.
  • My question: given the enormity of what you are facing now in terms of repercussions, can you describe the exact moment when you knew you absolutely were going to do this, no matter the fallout, and what it now feels like to be living in a post-revelation world? Or was it a series of moments that culminated in action? I think it might help other people contemplating becoming whistleblowers if they knew what the ah-ha moment was like. Again, thanks for your courage and heroism. Answer: I imagine everyone's experience is different, but for me, there was no single moment. It was seeing a continuing litany of lies from senior officials to Congress - and therefore the American people - and the realization that that Congress, specifically the Gang of Eight, wholly supported the lies that compelled me to act. Seeing someone in the position of James Clapper - the Director of National Intelligence - baldly lying to the public without repercussion is the evidence of a subverted democracy. The consent of the governed is not consent if it is not informed.
  • Regarding whether you have secretly given classified information to the Chinese government, some are saying you didn't answer clearly - can you give a flat no? Answer: No. I have had no contact with the Chinese government. Just like with the Guardian and the Washington Post, I only work with journalists.
  • So far are things going the way you thought they would regarding a public debate? – tikkamasala Answer: Initially I was very encouraged. Unfortunately, the mainstream media now seems far more interested in what I said when I was 17 or what my girlfriend looks like rather than, say, the largest program of suspicionless surveillance in human history.
  • Thanks to everyone for their support, and remember that just because you are not the target of a surveillance program does not make it okay. The US Person / foreigner distinction is not a reasonable substitute for individualized suspicion, and is only applied to improve support for the program. This is the precise reason that NSA provides Congress with a special immunity to its surveillance.
  •  
    I particularly liked this Snowden observation as an idea for a constitutional amendment: "This disclosure provides Obama an opportunity to appeal for a return to sanity, constitutional policy, and the rule of law rather than men. He still has plenty of time to go down in history as the President who looked into the abyss and stepped back, rather than leaping forward into it. I would advise he personally call for a special committee to review these interception programs, repudiate the dangerous "State Secrets" privilege, and, upon preparing to leave office, begin a tradition for all Presidents forthwith to demonstrate their respect for the law by appointing a special investigator to review the policies of their years in office for any wrongdoing. There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency. " Repeal of the State Secrets privilege would require a constitutional amendment because the Supreme Court decided back when that it is inherent in the President's power as commander in chief of the military forces. In other words, neither Congress nor the courts can second-guess such claims, a huge contributing factor in the over-classification of government records when the real reason is to protect bureaucrats from embarrassment, civil rights suits, and criminal prosecution. It is no accident that we have an Executive Branch that is out-of-control, waging dictatorial powers under the protection of the State Secrets privilege. 
Paul Merrell

What Obama Told Us At West Point -- Paul Craig Roberts - PaulCraigRoberts.org - 0 views

  • At West Point Obama told us, to the applause of West Point cadets, that “American exceptionalism” is a doctrine that justifies whatever Washington does. If Washington violates domestic and international law by torturing “detainees” or violates the Nuremberg standard by invading countries that have undertaken no hostile action against the US or its allies, “exceptionalism” is the priest’s blessing that absolves Washington’s sins against law and international norms. Washington’s crimes are transformed into Washington’s affirmation of the rule of law. Here is Obama in his own words: “I believe in American exceptionalism with every fiber of my being. But what makes us exceptional is not our ability to flout international norms and the rule of law; it is our willingness to affirm them through our actions.” Actions indeed. In the 21st century “American exceptionalism” has destroyed seven countries in whole or in part. Millions of people are dead, maimed, and displaced, and all of this criminal destruction is evidence of Washington’s reaffirmation of international norms and the rule of law. Destruction and murder are merely collateral damage from Washington’s affirmation of international norms.
  • “American exceptionalism” also means that US presidents can lie through their teeth and misrepresent those they choose to demonize. Listen to Obama’s misrepresentations of the Putin and Assad governments: “Russia’s aggression towards former Soviet states unnerves capitals in Europe . . . In Ukraine, Russia’s recent actions recall the days when Soviet tanks rolled into Eastern Europe .” Obama misrepresents Assad as “a dictator who bombs and starves his own people.” Did any of the cadets in Obama’s West Point audience wonder why, if Assad is a brutal dictator who bombs and starves his own people, the Syrian people are supporting Assad instead of the American-backed “liberation forces,” the combination of imported jihadists and al Qaeda fighters who object to Assad’s government because it is secular? The US military is taught to respect its civilian commander-in-chief, but if West Point cadets actually do obtain an education, it is remarkable that Obama’s audience did not break out in laughter.
  • Obama’s speech is probably the most disingenuous ever given by a Western politician. We could have fun for hours with all the crimes that Washington commits but buries in rhetoric directed at others. Perhaps my favorite is Obama evoking a world in which “individuals aren’t slaughtered because of political belief.” I am sure Obama was thinking of this just world when he murdered without due process of law four American citizens “outside of areas of active hostilities.” Another favorite is the way Obama flushed the US Constitution of its meaning. Obama said, with reference to bringing the Guantanamo prisoners to the US, that “American values and legal traditions don’t permit the indefinite detention of people beyond our borders.” No, Obama, the US Constitution prevents the indefinite detention of US citizens by the US government anywhere on earth, especially within our borders. By detaining and by murdering US citizens without due process of law, Obama has violated his oath of office and should be impeached. It was only a short time ago that President Bill Clinton was impeached by the US House of Representatives (the Senate saved him from conviction) for lying about his sexual affair with a White House intern. How times change. Today a president who violates his oath of office to protect the Constitution from enemies foreign and domestic gets a free ride. The Constitution has lost its power to protect citizens from the arbitrary power of government. The US is the Constitution. Without the Constitution the US ceases to exist, and the country becomes a tyranny, both at home and abroad.Today the US is a tyranny cloaked in the garb of “freedom and democracy.”
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  • Instead of laughing our way through Obama’s ridiculous speech to what apparently was a dumbed-down West Point graduating class, lets pay attention to Obama’s bottom line: “America must always lead on the world stage. . . . The military is, and always will be, the backbone of that leadership.” In other words, Washington doesn’t use diplomacy. Washington uses coercion. The favorite threat is: “Do as you are told or we will bomb you into the Stone Age.” Obama’s speech is a justification of Washington’s criminal actions on the grounds that Washington acts for the exceptional Americans whose exceptionalism places them and, thereby, their government above law and international norms. In this way of thinking, only the failure to prevail constitutes failure. Americans are the new ubermensch, the new master race. Inferior humans can be bombed, invaded, and sanctioned. Obama’s West Point speech asserts American superiority over all others and Washington’s determination to continue this superiority by preventing the rise of other powers. This arrogant hubris was not enough for the Washington Post editorial board. The newspaper’s editorial damned Obama for binding US power and limiting its use to “a narrow set of core interest,” such as direct threats to America.
  • The American “liberal media” object that Obama’s claim of exceptionalism is not broad enough for Washington’s purposes. Obama’s address, the Washington Post wrote, bound “US power” and “offered scant comfort” to those militarists who want to overthrow Syria, Iran, Russia, and China. The world should take note that the most militarily aggressive American president in history is considered a wimp by the neoconized American media. The media drives wars, and the American media, firmly allied with the military/security complex, is driving the world to the final war.
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    Obama's speech at West Point was indeed a gigantic slap in the face at international law and at the Constitution. http://goo.gl/icJGDz The Rule of Law is no longer a guiding light in the White House, now only an obligatory nod of nominal respect. The Imperial Presidency has announced that we are now citizens of post-constitutional America.  
Paul Merrell

Responding to Failure: Reorganizing U.S. Policies in the Middle East | Middle East Poli... - 0 views

  • I want to speak with you today about the Middle East. This is the region where Africa, Asia, and Europe come together. It is also the part of the world where we have been most compellingly reminded that some struggles cannot be won, but there are no struggles that cannot be lost. It is often said that human beings learn little useful from success but can learn a great deal from defeat. If so, the Middle East now offers a remarkably rich menu of foreign-policy failures for Americans to study. • Our four-decade-long diplomatic effort to bring peace to the Holy Land sputtered to an ignominious conclusion a year ago. • Our unconditional political, economic, and military backing of Israel has earned us the enmity of Israel’s enemies even as it has enabled egregiously contemptuous expressions of ingratitude and disrespect for us from Israel itself.
  • • Our attempts to contain the Iranian revolution have instead empowered it. • Our military campaigns to pacify the region have destabilized it, dismantled its states, and ignited ferocious wars of religion among its peoples. • Our efforts to democratize Arab societies have helped to produce anarchy, terrorism, dictatorship, or an indecisive juxtaposition of all three. • In Iraq, Libya, and Syria we have shown that war does not decide who’s right so much as determine who’s left. • Our campaign against terrorism with global reach has multiplied our enemies and continuously expanded their areas of operation. • Our opposition to nuclear proliferation did not prevent Israel from clandestinely developing nuclear weapons and related delivery systems and may not preclude Iran and others from following suit.
  • • At the global level, our policies in the Middle East have damaged our prestige, weakened our alliances, and gained us a reputation for militaristic fecklessness in the conduct of our foreign affairs. They have also distracted us from challenges elsewhere of equal or greater importance to our national interests. That’s quite a record.
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  • One can only measure success or failure by reference to what one is trying achieve. So, in practice, what have U.S. objectives been? Are these objectives still valid? If we’ve failed to advance them, what went wrong? What must we do now to have a better chance of success? Our objectives in the Middle East have not changed much over the course of the past half century or more. We have sought to 1. Gain acceptance and security for a Jewish homeland from the other states and peoples of the region; 2. Ensure the uninterrupted availability of the region’s energy supplies to sustain global and U.S. security and prosperity; 3. Preserve our ability to transit the region so as to be able to project power around the world; 4. Prevent the rise of a regional hegemon or the deployment of weapons of mass destruction that might threaten any or all of these first three objectives; 5. Maximize profitable commerce; and 6. Promote stability while enhancing respect for human rights and progress toward constitutional democracy. Let’s briefly review what’s happened with respect to each of these objectives. I will not mince words.
  • Israel has come to enjoy military supremacy but it remains excluded from most participation in its region’s political, economic, and cultural life. In the 67 years since the Jewish state was proclaimed, Israel has not made a single friend in the Middle East, where it continues to be regarded as an illegitimate legacy of Western imperialism engaged in racist removal of the indigenous population. International support for Israel is down to the United States and a few of the former colonial powers that originally imposed the Zionist project on the Arabs under Sykes-Picot and the related Balfour Declaration. The two-state solution has expired as a physical or political possibility. There is no longer any peace process to distract global attention from Israel’s maltreatment of its captive Arab populations. After years of deference to American diplomacy, the Palestinians are about to challenge the legality of Israel’s cruelties to them in the International Criminal Court and other venues in which Americans have no veto, are not present, or cannot protect the Jewish state from the consequences of its own behavior as we have always been able to do in the past. Israel’s ongoing occupation of the West Bank and siege of Gaza are fueling a drive to boycott its products, disinvest in its companies, and sanction its political and cultural elite. These trends are the very opposite of what the United States has attempted to achieve for Israel.
  • In a stunning demonstration of his country’s most famous renewable resource — chutzpah — Israel’s Prime Minister chose this very moment to make America the main issue in his reelection campaign while simultaneously transforming Israel into a partisan issue in the United States. This is the very opposite of a sound survival strategy for Israel. Uncertainties about their country’s future are leading many Israelis to emigrate, not just to America but to Europe. This should disturb not just Israelis but Americans, if only because of the enormous investment we have made in attempts to gain a secure place for Israel in its region and the world. The Palestinians have been silent about Mr. Netanyahu’s recent political maneuvers. Evidently, they recall Napoleon’s adage that one should never interrupt an enemy when he is making a mistake. This brings me to an awkward but transcendently important issue. Israel was established as a haven from anti-Semitism — Jew hatred — in Europe, a disease of nationalism and Christian culture that culminated in the Holocaust. Israel’s creation was a relief for European Jews but a disaster for the Arabs of Palestine, who were either ethnically cleansed by European Jewish settlers or subjugated, or both.  But the birth of Israel also proved tragic for Jews throughout the Middle East — the Mizrahim. In a nasty irony, the implementation of Zionism in the Holy Land led to the introduction of European-style anti-Semitism — including its classic Christian libels on Jews — to the region, dividing Arab Jews from their Muslim neighbors as never before and compelling them to join European Jews in taking refuge in Israel amidst outrage over the dispossession of Palestinians from their homeland. Now, in a further irony, Israel’s pogroms and other injustices to the Muslim and Christian Arabs over whom it rules are leading not just to a rebirth of anti-Semitism in Europe but to its globalization.
  • The late King `Abdullah of Saudi Arabia engineered a reversal of decades of Arab rejectionism at Beirut in 2002. He brought all Arab countries and later all 57 Muslim countries to agree to normalize relations with Israel if it did a deal — any deal — with the Palestinians that the latter could accept. Israel spurned the offer. Its working assumption seems to be that it does not need peace with its neighbors as long as it can bomb and strafe them. Proceeding on this basis is not just a bad bet, it is one that is dividing Israel from the world, including Jews outside Israel. This does not look like a story with a happy ending. It’s hard to avoid the thought that Zionism is turning out to be bad for the Jews. If so, given the American investment in it, it will also have turned out to be bad for America. The political costs to America of support for Israel are steadily rising. We must find a way to divert Israel from the largely self-engineered isolation into which it is driving itself, while repairing our own increasing international ostracism on issues related to Israel.  
  • Despite Mr. Netanyahu’s recent public hysteria about Iran and his efforts to demonize it, Israel has traditionally seen Iran’s rivalry with the Arabs as a strategic asset. It had a very cooperative relationship with the Shah. Neither Israelis nor Arabs have forgotten the strategic logic that produced Israel's entente with Iran. Israel is very much on Daesh’s list of targets, as is Iran. For now, however, Israel’s main concern is the possible loss of its nuclear monopoly in the Middle East. Many years ago, Israel actually did what it now accuses Iran of planning to do. It clandestinely developed nuclear weapons while denying to us and others that it was doing so. Unlike Iran, Israel has not adhered to the Nuclear Non-Proliferation Treaty or subjected its nuclear facilities to international inspection. It has expressed no interest in proposals for a nuclear-free zone in the Middle East. It sees its ability to bring on nuclear Armageddon as the ultimate guarantee of its existence.
  • To many, Israel now seems to have acquired the obnoxious habit of biting the American hand that has fed it for so long. The Palestinians have despaired of American support for their self-determination. They are reaching out to the international community in ways that deliberately bypass the United States. Random acts of violence herald mayhem in the Holy Land. Daesh has proclaimed the objective of erasing the Sykes-Picot borders and the states within them. It has already expunged the border between Iraq and Syria. It is at work in Lebanon and has set its sights on Jordan, Palestine, and Israel. Lebanon, under Saudi influence, has turned to France rather than America for support. Hezbollah has intervened militarily in Iraq and Syria, both of whose governments are close to Iran. Egypt and Turkey have distanced themselves from the United States as well as from each other. Russia is back as a regional actor and arms supplier. The Gulf Arabs, Egypt, and Turkey now separately intervene in Libya, Syria, and Iraq without reference to American policy or views. Iran is the dominant influence in Iraq, Syria, parts of Lebanon, and now Yemen. It has boots on the ground in Iraq. And now Saudi Arabia seems to be organizing a coalition that will manage its own nuclear deterrence and military balancing of Ir
  • To describe this as out of control is hardly adequate. What are we to do about it? Perhaps we should start by recalling the first law of holes — “when stuck in one, stop digging.” It appears that “don’t just sit there, bomb something” isn’t much of a strategy. When he was asked last summer what our strategy for dealing with Daesh was, President Obama replied, “We don’t yet have one.” He was widely derided for that. He should have been praised for making the novel suggestion that before Washington acts, it should first think through what it hopes to accomplish and how best to do it. Sunzi once observed that “tactics without strategy is the noise before defeat." America’s noisy but strategy-free approach to the Middle East has proven him right. Again the starting point must be what we are trying to accomplish. Strategy is "the discipline of achieving desired ends through the most efficient use of available means" [John Lewis Gaddis].Our desired ends with respect to the Middle East are not in doubt. They have been and remain to gain an accepted and therefore secure place for Israel there; to keep the region's oil and gas coming at reasonable prices; to be able to pass through the area at will; to head off challenges to these interests; to do profitable business in the markets of the Middle East; and to promote stability amidst the expansion of liberty in its countries. Judging by results, we have been doing a lot wrong. Two related problems in our overall approach need correction. They are “enablement” and the creation of “moral hazard.” Both are fall-out from  relationships of codependency.
  • Enablement occurs when one party to a relationship indulges or supports and thereby enables another party’s dysfunctional behavior. A familiar example from ordinary life is giving money to a drunk or a drug addict or ignoring, explaining away, or defending their subsequent self-destructive behavior.  Moral hazard is the condition that obtains when one party is emboldened to take risks it would not otherwise take because it knows another party will shoulder the consequences and bear the costs of failure. The U.S.-Israel relationship has evolved to exemplify codependency. It now embodies both enablement and moral hazard. U.S. support for Israel is unconditional.  Israel has therefore had no need to cultivate relations with others in the Middle East, to declare its borders, or to choose peace over continued expansion into formerly Arab lands. Confidence in U.S. backing enables Israel to do whatever it likes to the Palestinians and its neighbors without having to worry about the consequences. Israel is now a rich country, but the United States continues to subsidize it with cash transfers and other fiscal privileges. The Jewish state is the most powerful country in the Middle East. It can launch attacks on its neighbors, confident that it will be resupplied by the United States. Its use of U.S. weapons in ways that violate both U.S. and international law goes unrebuked. 41 American vetoes in the United Nations Security Council have exempted Israel from censure and international law. We enable it to defy the expressed will of the international community, including, ironically, our own.
  • We Americans are facilitating Israel's indulgence in denial and avoidance of the choices it must make if it is not to jeopardize its long-term existence as a state in the Middle East. The biggest contribution we could now make to Israel's longevity would be to ration our support for it, so as to cause it to rethink and reform its often self-destructive behavior. Such peace as Israel now enjoys with Egypt, Jordan, and the Palestinians is the direct result of tough love of this kind by earlier American administrations. We Americans cannot save Israel from itself, but we can avoid killing it with uncritical kindness. We should support Israel when it makes sense to do so and it needs our support on specific issues, but not otherwise. Israel is placing itself and American interests in jeopardy. We need to discuss how to reverse this dynamic.
  • Moral hazard has also been a major problem in our relationship with our Arab partners. Why should they play an active role in countering the threat to them they perceive from Iran, if they can get America to do this for them? Similarly, why should any Muslim country rearrange its priorities to deal with Muslim renegades like Daesh when it can count on America to act for it? If America thinks it must lead, why not let it do so? But responsible foreign and defense policies begin with self-help, not outsourcing of military risks. The United States has the power-projection and war-fighting capabilities to back a Saudi-led coalition effort against Daesh. The Saudis have the religious and political credibility, leadership credentials, and diplomatic connections to organize such an effort. We do not. Since this century began, America has administered multiple disappointments to its allies and friends in the Middle East, while empowering their and our adversaries. Unlike the Gulf Arabs, Egypt, and Turkey, Washington does not have diplomatic relations with Tehran. Given our non-Muslim identity, solidarity with Israel, and recent history in the Fertile Crescent, the United States cannot hope to unite the region’s Muslims against Daesh.  Daesh is an insurgency that claims to exemplify Islam as well as a governing structure and an armed force. A coalition led by inhibited foreign forces, built on papered-over differences, and embodying hedged commitments will not defeat such an insurgency with or without boots on the ground.
  • When elections have yielded governments whose policies we oppose, we have not hesitated to conspire with their opponents to overthrow them. But the results of our efforts to coerce political change in the Middle East are not just failures but catastrophic failures. Our policies have nowhere produced democracy. They have instead contrived the destabilization of societies, the kindling of religious warfare, and the installation of dictatorships contemptuous of the rights of religious and ethnic minorities. Frankly, we have done a lot better at selling things, including armaments, to the region than we have at transplanting the ideals of the Atlantic Enlightenment there. The region’s autocrats cooperate with us to secure our protection, and they get it. When they are nonetheless overthrown, the result is not democracy or the rule of law but socio-political collapse and the emergence of  a Hobbesian state of nature in which religious and ethnic communities, families, and individuals are able to feel safe only when they are armed and have the drop on each other. Where we have engineered or attempted to engineer regime change, violent politics, partition, and ethno-religious cleansing have everywhere succeeded unjust but tranquil order. One result of our bungled interventions in Iraq and Syria is the rise of Daesh. This is yet another illustration that, in our efforts to do good in the Middle East, we have violated the principle that one should first do no harm.
  • Americans used to believe that we could best lead by example. We and those in the Middle East seeking nonviolent change would all be better off if America returned to that tradition and forswore ideologically motivated hectoring and intervention. No one willingly follows a wagging finger. Despite our unparalleled ability to use force against foreigners, the best way to inspire them to emulate us remains showing them that we have our act together. At the moment, we do not. In the end, to cure the dysfunction in our policies toward the Middle East, it comes down to this. We must cure the dysfunction and venality of our politics. If we cannot, we have no business trying to use an 8,000-mile-long screwdriver to fix things one-third of the way around the world. That doesn’t work well under the best of circumstances. But when the country wielding the screwdriver has very little idea what it’s doing, it really screws things up.
  •  
    Chas Freeman served as US ambassador to Saudi Arabia during the war to liberate Kuwait and as Assistant Secretary of Defense from 1993-94. He was the editor of the Encyclopedia Britannica entry on "diplomacy" and is the author of five books, including "America's Misadventures in the Middle East" and "Interesting Times: China, America, and the Shifting Balance of Prestige."  I have largely omitted highlighting portions of the speech dealing with Muslim nations because Freeman has apparently lost touch with the actual U.S., Saudi, UAE, Kuwait, and Turish roles in creating and expanding ISIL. But his analysis of Israel's situation and recommendations for curing it seem quite valid, as well as his overall Mideast recommendation to heed the First Law of Holes: "when stuck in one, stop digging."   I recommend reading the entire speech notwithstanding his misunderstanding of ISIL. There is a lot of very important history there ably summarized.
Paul Merrell

M of A - Ukraine: U.S. Takes Off-Ramp, Agrees To Russian Demands - 0 views

  • There was another phone call today between Secretary of State Kerry and the Russian Foreign Minister Lavrov. The call came after a strategy meeting on Ukraine in the White House. During the call Kerry agreed to Russian demands for a federalization of the Ukraine in which the federal states will have a strong autonomy against a central government in a finlandized Ukraine. Putin had offered this "off-ramp" from the escalation and Obama has taken it. The Russian announcement: Lavrov, Kerry agree to work on constitutional reform in Ukraine: Russian ministry (Reuters) - Russian Foreign Minister Sergei Lavrov and U.S. Secretary of State John Kerry agreed on Sunday to seek a solution to crisis in Ukraine by pushing for constitutional reforms there, the Russian foreign ministry said. It did not go into details on the kind of reforms needed except to say they should come "in a generally acceptable form and while taking into the account the interests of all regions of Ukraine". ... "Sergei Viktorovich Lavrov and John Kerry agreed to continue work to find a resolution on Ukraine through a speedy launch of constitutional reform with the support of international community," the ministry said in a statement. The idea of "constitutional reform" and the "interests of all regions" is from the Russians as documented in this Russian" non-paper".
  • The non-paper describes the process of getting to a new Ukrainian constitution and sets some parameters for it. Russian will be again official language next to Ukraine, the regions will have high autonomy, there will be no interferences in church affairs and the Ukraine will stay politically and militarily neutral. Any autonomy decision by the Crimea would be accepted. This all would be guaranteed by a "Support Group for Ukraine" consisting of the US, EU and Russia and would be cemented in an UN Security Council resolution. It seems that Kerry and Obama have largely accepted these parameters. They are now, of course, selling this solution as their own which is, as the "non-paper" proves, inconsistent with the reality. Here is Kerry now suddenly "urging Russia" to accept the conditions Russia had demanded and which Kerry never mentioned before: Secretary of State John Kerry called on Moscow to return its troops in Crimea to their bases, pull back forces from the Ukraine border, halt incitement in eastern Ukraine and support the political reforms in Ukraine that would protect ethnic Russians, Russian speakers and others in the former Soviet Republic that Russia says it is concerned about. In a phone call with Russian Foreign Minister Sergey Lavrov, their second since unsuccessful face-to-face talks on Friday in London, Kerry urged Russia "to support efforts by Ukrainians across the spectrum to address power sharing and decentralization through a constitutional reform process that is broadly inclusive and protects the rights of minorities," the State Department said.
  • Obama has given up. His empty threats had now worked and he now has largely accepted the Russian conditions for the way out of the crisis. The U.S. plot to snatch the Ukraine from Russia and to integrate it into NATO and the EU seems to have failed. Russia taking Crimea and having 93% of the voters there agree to join Russia has made the main objective of the U.S. plans, to kick the Russians out of Sevastopol and thereby out of the Middle East, impossible. The Russian (non public) threat to also immediately take the eastern and southern provinces from the Ukraine has pushed the U.S. into agreeing to the Russian conditions mentioned above. The only alternative to that would be a military confrontation which the U.S. and Europeans are not willing to risk. Despite the anti-Russian campaign in the media a majority of U.S. people as well as EU folks are against any such confrontation. In the end the U.S. never held the cards it needed to win this game. Should all go well and a new Ukrainian constitution fit the Russian conditions the "west" may in the future well be allowed to pay for the monthly bills Gazprom will keep sending to Kiev. It will take some time to implement all of this. What dirty tricks will the neocons in Washington now try to prevent this peaceful outcome?
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    As with Obama's planned missile strikes on Syria, Lavrov once again offers Obama and Kerry a face-saving way to retreat and Obama again decides to break the War Party's leash on him. But that's what the War Party deserves when it pushes impossibilities as goals.  Now if Obama would just give the boot to all of his Neocon appointees ... But no; he is neither that wise nor brave. 
Gary Edwards

Jim Kunstler's 2014 Forecast - Burning Down The House | Zero Hedge - 0 views

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    Incredible must read analysis. Take away: the world is going to go "medevil". It's the only way out of this mess. Since the zero hedge layout is so bad, i'm going to post as much of the article as Diigo will allow: Jim Kunstler's 2014 Forecast - Burning Down The House Submitted by Tyler Durden on 01/06/2014 19:36 -0500 Submitted by James H. Kunstler of Kunstler.com , Many of us in the Long Emergency crowd and like-minded brother-and-sisterhoods remain perplexed by the amazing stasis in our national life, despite the gathering tsunami of forces arrayed to rock our economy, our culture, and our politics. Nothing has yielded to these forces already in motion, so far. Nothing changes, nothing gives, yet. It's like being buried alive in Jell-O. It's embarrassing to appear so out-of-tune with the consensus, but we persevere like good soldiers in a just war. Paper and digital markets levitate, central banks pull out all the stops of their magical reality-tweaking machine to manipulate everything, accounting fraud pervades public and private enterprise, everything is mis-priced, all official statistics are lies of one kind or another, the regulating authorities sit on their hands, lost in raptures of online pornography (or dreams of future employment at Goldman Sachs), the news media sprinkles wishful-thinking propaganda about a mythical "recovery" and the "shale gas miracle" on a credulous public desperate to believe, the routine swindles of medicine get more cruel and blatant each month, a tiny cohort of financial vampire squids suck in all the nominal wealth of society, and everybody else is left whirling down the drain of posterity in a vortex of diminishing returns and scuttled expectations. Life in the USA is like living in a broken-down, cob-jobbed, vermin-infested house that needs to be gutted, disinfected, and rebuilt - with the hope that it might come out of the restoration process retaining the better qualities of our heritage.
Paul Merrell

Victory! Federal Court Recognizes Constitutional Rights of Americans on the No-Fly List... - 0 views

  • A federal court took a critically important step late yesterday towards placing a check on the government's secretive No-Fly List. In a 38-page ruling in Latif v. Holder, the ACLU's challenge to the No-Fly List, U.S. District Court Judge Anna Brown recognized that the Constitution applies when the government bans Americans from the skies. She also asked for more information about the current process for getting off the list, to inform her decision on whether that procedure violates the Fifth Amendment guarantee of due process. We represent 13 Americans, including four military veterans, who are blacklisted from flying. At oral argument in June on motions for partial summary judgment, we asked the court to find that the government violated our clients' Fifth Amendment right to due process by barring them from flying over U.S. airspace – and smearing them as suspected terrorists – without giving them any after-the-fact explanation or a hearing at which to clear their names. The court's opinion recognizes – for the first time – that inclusion on the No-Fly List is a draconian sanction that severely impacts peoples' constitutionally-protected liberties. It rejected the government's argument that No-Fly list placement was merely a restriction on the most "convenient" means of international travel.
  • Such an argument ignores the numerous reasons an individual may have for wanting or needing to travel overseas quickly such as for the birth of a child, the death of a loved one, a business opportunity, or a religious obligation. According to the court, placement on the No-Fly List is like the revocation of a passport because both actions severely burden the right to international travel and give rise to a constitutional right to procedural due process: Here it is undisputed that inclusion on the No-Fly List completely bans listed persons from boarding commercial flights to or from the United States or over United States air space.  Thus, Plaintiffs have shown their placement on the No-Fly List has in the past and will in the future severely restrict Plaintiffs' ability to travel internationally. Moreover, the realistic implications of being on the No-Fly List are potentially far-reaching. For example, TSC [the Terrorist Screening Center] shares watchlist information with 22 foreign governments and United States Customs and Boarder [sic] Protection makes recommendations to ship captains as to whether a passenger poses a risk to transportation security, which can result in further interference with an individual's ability to travel as evidenced by some Plaintiffs' experiences as they attempted to travel abroad by boat and land and were either turned away or completed their journey only after an extraordinary amount of time, expense, and difficulty. Accordingly, the Court concludes on this record that Plaintiffs have a constitutionally-protected liberty interest in traveling internationally by air, which is affected by being placed on the list. The court also found that the government's inclusion of our clients on the No-Fly List smeared them as suspected terrorists and altered their ability to lawfully board planes, resulting in injury to another constitutionally-protected right: freedom from reputational harm.
  • The importance of these rulings is clear. Because inclusion on the No-Fly List harms our clients' liberty interests in travel and reputation, due process requires the government to provide them an explanation and a hearing to correct the mistakes that led to their inclusion. But under the government's "Glomar" policy, it refuses to provide any information confirming or denying that our clients are on the list, let alone an after-the-fact explanation and hearing. The court has asked the ACLU and the government for more information about the No-Fly List redress procedure to help it decide the ultimate question of whether that system violates the Fifth Amendment right to due process. We are confident the court will recognize that the government's "Glomar" policy of refusing even to confirm or deny our clients' No-Fly List status (much less actually providing the reasons for their inclusion in the list) is fundamentally unfair and unconstitutional.
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    A case decision in August that I had missed, right here in Oregon. One of our Oregon federal judges gets it right after being reversed the first time by the 9th U.S. Circuit Court of Appeals. I've read the opinion. Looks quite solid. Plaintiffs were carefully chosen for this test case, 13 citizens placed on the no-fly list, all with compelling stories of winding up stranded, some overseas. Several are U.S. military veterans. All were told by government officials that the reason they could not board was because they were on the TSA no-fly list. At issue is whether they have a right to be informed of the information that resulted in them being placed on the no-fly list and a right to a hearing to seek correction of the information. Their constitutional interest in their reputations is also in play, since they have been classified by their government as too dangerous to allow to travel by commercial airline.   The district court case is not done; the judge has ordered further briefing on some issues. But the government is trying to defend a process in which no one is ever formally notified that they are on the no-fly list and is never advised of the reasons they are on the no-fly list. The number of Americans on the no-fly list is now over 700,000. But the judge has recognized that there is a constitutional right to travel and that it extends to international travel. From the opinion: "Plaintiffs contend the government has deprived them of their protected liberty interest in travel. In Kent v. Dulles, 357 U.S. 116 (1958), the Supreme Court held "[t]he right to travel is part of the 'liberty' of which the citizen cannot be deprived without due process of law under the Fifth Amendment."  Id. at 125. As noted by the Ninth Circuit, "the [Supreme] Court has consistently treated the right to international travel as a liberty interest that is protected by the Due Process Clause of the Fifth Amendment." DeNieva v. Reyes, 966 F.2d 480, 485 (9th Cir. 1992)(emp
Gary Edwards

Rand Paul's Tea Party Response: Full Text - 0 views

  • With my five-year budget, millions of jobs would be created by cutting the corporate income tax in half, by creating a flat personal income tax of 17%, and by cutting the regulations that are strangling American businesses.
  • America has much greatness left in her. We will begin to thrive again when we begin to believe in ourselves again, when we regain our respect for our founding documents, when we balance our budget, when we understand that capitalism and free markets and free individuals are what creates our nation’s prosperity.
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    Outstanding statement about what made America great, an dhow are government is destroying that greatness.  This is the full Text of Sen. Rand Paul's Tea Party Response to Obama's State of the Union Address: I speak to you tonight from Washington, D.C. The state of our economy is tenuous but our people remain the greatest example of freedom and prosperity the world has ever known. People say America is exceptional. I agree, but it's not the complexion of our skin or the twists in our DNA that make us unique. America is exceptional because we were founded upon the notion that everyone should be free to pursue life, liberty, and happiness. For the first time in history, men and women were guaranteed a chance to succeed based NOT on who your parents were but on your own initiative and desire to work. We are in danger, though, of forgetting what made us great. The President seems to think the country can continue to borrow $50,000 per second. The President believes that we should just squeeze more money out of those who are working. The path we are on is not sustainable, but few in Congress or in this Administration seem to recognize that their actions are endangering the prosperity of this great nation. Ronald Reagan said, government is not the answer to the problem, government is the problem. Tonight, the President told the nation he disagrees. President Obama believes government is the solution: More government, more taxes, more debt. What the President fails to grasp is that the American system that rewards hard work is what made America so prosperous. What America needs is not Robin Hood but Adam Smith. In the year we won our independence, Adam Smith described what creates the Wealth of Nations. He described a limited government that largely did not interfere with individuals and their pursuit of happiness. All that we are, all that we wish to be is now threatened by the notion that you can have something for nothing, that you can have your cake and ea
Paul Merrell

Syria: US Success Would Only Be the End of the Beginning | nsnbc international - 0 views

  • An October 7, 2015 hearing before the US Senate Committee on Armed Forces (SASC) titled, “Iranian Influence in Iraq and the Case of Camp Liberty,” served as a reaffirmation of America’s commitment to back the terrorist organization Mujahedeen e-Khalq (MEK) and specifically 2,400 members of the organization being harbored on a former US military base in Iraq.
  • Providing testimony was former US Senator Joseph I. Lieberman, former US Marine Corps Commandant and former Supreme Allied Commander Europe General James Jones, USMC (Ret.), and Colonel Wesley Martin, US Army (Ret.). All three witnesses made passionate pleas before a room full of nodding senators for America to continue backing not only MEK terrorists currently harbored on a former US military base in Iraq, but to back groups like MEK inside of Iran itself to threaten the very survival of the government in Tehran. In the opening remarks by Lieberman, he stated: It was not only right and just that we took them off the foreign terrorist organization list, but the truth is now that we ought to be supportive of them and others in opposition to the government in Iran more than we have been.
  • Lieberman would also state (emphasis added): Here’s my point Mr. Chairman, we ought to compartmentalize that agreement also, that nuclear agreement. We ought to put it over there, and not let it stop us from confronting what they’re doing in Syria. Continuing the sanctions for human rights violations in Iran in support of terrorism. And here’s the point I want to make about the National Council of Resistance of Iran and other democratic opposition groups that are Iranian – we ought to be supporting them.  This regime in Tehran is hopeless. It’s not going to change. There’s no evidence … every piece of evidence says the contrary. So I hope we can find a way, we used to do this not so long ago, supporting opposition groups in Iran. They deserve our support, and actually they would constitute a form of pressure on the government in Tehran that would unsettle them as much as anything else we could do because it would threaten the survival of the regime which from every objective indicator I can see is a very unpopular regime in Iran.  The United States, unrepentant regarding the arc of chaos, mass murder, terrorism, civilizational destruction it has created stretching from Libya to Syria, now seeks openly to extend it further into Iran using precisely the same tactics – the use of terrorist proxies – to dismantle and destroy Iranian society.
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  • MEK has carried out decades of brutal terrorist attacks, assassinations, and espionage against the Iranian government and its people, as well as targeting Americans including the attempted kidnapping of US Ambassador Douglas MacArthur II, the attempted assassination of USAF Brigadier General Harold Price, the successful assassination of Lieutenant Colonel Louis Lee Hawkins, the double assassinations of Colonel Paul Shaffer and Lieutenant Colonel Jack Turner, and the successful ambush and killing of American Rockwell International employees William Cottrell, Donald Smith, and Robert Krongard. Admissions to the deaths of the Rockwell International employees can be found within a report written by former US State Department and Department of Defense official Lincoln Bloomfield Jr. on behalf of the lobbying firm Akin Gump in an attempt to dismiss concerns over MEK’s violent past and how it connects to its current campaign of armed terror – a testament to the depths of depravity from which Washington and London lobbyists operate. To this day MEK terrorists have been carrying out attacks inside of Iran killing political opponents, attacking civilian targets, as well as carrying out the US-Israeli program of targeting and assassinating Iranian scientists. MEK terrorists are also suspected of handling patsies in recent false flag operations carried out in India, Georgia, and Thailand, which have been ham-handedly blamed on the Iranian government.
  • MEK is described by Council on Foreign Relations Senior Fellow Ray Takeyh as a “cult-like organization” with “totalitarian tendencies.” While Takeyh fails to expand on what he meant by “cult-like” and “totalitarian,” an interview with US State Department-run Radio Free Europe-Radio Liberty reported that a MEK Camp Ashraf escapee claimed the terrorist organization bans marriage, using radios, the Internet, and holds many members against their will with the threat of death if ever they are caught attempting to escape. Not once is any of this backstory mentioned in the testimony of any of the witnesses before the senate hearing, defiling the memories of those who have been murdered and otherwise victimized by this terrorist organization. The de-listing of MEK in 2012 as a foreign terrorist organization by the US State Department is another indictment of the utter lack of principles the US clearly hides behind rather than in any way upholds as a matter of executing foreign policy.
  • MEK has already afforded the US the ability to wage a low-intensity conflict with Iran. MEK’s role in doing so was eagerly discussed in 2009, several years before it was even de-listed as a terrorist organization by the US State Department in the Brooking Institution’s policy paper “Which Path to Persia? Options for a New American Strategy Toward Iran” (PDF). The report stated (emphasis added): Perhaps the most prominent (and certainly the most controversial) opposition group that has attracted attention as a potential U.S. proxy is the NCRI (National Council of Resistance of Iran), the political movement established by the MEK (Mujahedin-e Khalq). Critics believe the group to be undemocratic and unpopular, and indeed anti-American.
  • In contrast, the group’s champions contend that the movement’s long-standing opposition to the Iranian regime and record of successful attacks on and intelligence-gathering operations against the regime make it worthy of U.S. support. They also argue that the group is no longer anti-American and question the merit of earlier accusations. Raymond Tanter, one of the group’s supporters in the United States, contends that the MEK and the NCRI are allies for regime change in Tehran and also act as a useful proxy for gathering intelligence. The MEK’s greatest intelligence coup was the provision of intelligence in 2002 that led to the discovery of a secret site in Iran for enriching uranium.   Despite its defenders’ claims, the MEK remains on the U.S. government list of foreign terrorist organizations. In the 1970s, the group killed three U.S. officers and three civilian contractors in Iran. During the 1979-1980 hostage crisis, the group praised the decision to take America hostages and Elaine Sciolino reported that while group leaders publicly condemned the 9/11 attacks, within the group celebrations were widespread. Undeniably, the group has conducted terrorist attacks—often excused by the MEK’s advocates because they are directed against the Iranian government. For example, in 1981, the group bombed the headquarters of the Islamic Republic Party, which was then the clerical leadership’s main political organization, killing an estimated 70 senior officials. More recently, the group has claimed credit for over a dozen mortar attacks, assassinations, and other assaults on Iranian civilian and military targets between 1998 and 2001. At the very least, to work more closely with the group (at least in an overt manner), Washington would need to remove it from the list of foreign terrorist organizations.
  • Proof that Brookings’ policy paper was more than a mere theoretical exercise, in 2012 MEK would indeed be de-listed by the US State Department with support for the terrorist organization expanded. The fact that former senators and retired generals representing well-funded corporate think tanks even just this week are plotting to use MEK to overthrow the Iranian government should raise alarms that other criminality conspired within the pages of this policy paper may still well be in play. Lieberman himself suggests that proxy war and regime-change should proceed regardless of the so-called “nuclear deal” – with the 2009 Brookings report itself having stated that (emphasis added): …any military operation against Iran will likely be very unpopular around the world and require the proper international context—both to ensure the logistical support the operation would require and to minimize the blowback from it. The best way to minimize international opprobrium and maximize support (however, grudging or covert) is to strike only when there is a widespread conviction that the Iranians were given but then rejected a superb offer—one so good that only a regime determined to acquire nuclear weapons and acquire them for the wrong reasons would turn it down. Under those circumstances, the United States (or Israel) could portray its operations as taken in sorrow, not anger, and at least some in the international community would conclude that the Iranians “brought it on themselves” by refusing a very good deal.  Clearly, both Brookings in 2009, and Lieberman this week have conspired to use the so-called “Iranian Nuclear Deal” as cover for betrayal and regime change.
  • For those wondering why Russia has intervened in Syria in the matter that it has, it should be plainly obvious. The US has no intention to stop in Syria. With Iraq, Afghanistan, and Libya behind it, and Syria within its clutches, it is clear that Iran is next, and inevitably this global blitzkrieg will not stop until it reaches Moscow and Beijing. Even as the US adamantly denies the obvious – that is has intentionally created and is currently perpetuating Al Qaeda, the so-called “Islamic State,” and other terrorist groups in Syria, it is openly conspiring to use another army of terrorists against neighboring Iran, live before a US Senate hearing. Should the US succeed in Syria, it would not be the end of the conflict, but only the end of the beginning of a much wider world war.
Gary Edwards

Is The US Finally Ready For Revolution? - Democratic Underground - 1 views

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    Written in June of 2012, before the national elections, this commentary remains the ringing truth.  Maybe more Americans are ready to listen this fourth of July? ........................... "Is America Ready For Revolution? I have always strongly believed that it's not possible to be a good Christian without standing up against social injustice and government corruption in all its forms. As I take a look around me today I find a lot of things wrong with our country. In fact, I have been a proponent for radical change for several years now, and I have written and published 2 books on this very topic. Where shall I begin? In God-blessed America, the land of the free where everyone is an economic slave, our founding fathers' sacred idea of a government "of the people, by the people, for the people" has become but a cruel joke. Former president George W. Bush has notoriously called our Constitution - our supreme law of the land - "that (expletive) piece of paper". The federal government is currently spending at least $60 billion per month on military excursions in Afghanistan, the Middle East, and northern and western Africa - including operating between 800 and 1,000 foreign military bases all over the world. Our country's over-used flying drone aircraft kills hundreds daily overseas, many of whom are only innocent bystanders. Meanwhile here on the home front, one in seven people are on food stamps, and at any given time one in four American children are going hungry today. Our country spends more money incarcerating people than it does on education. What's up with that? Our political system is openly rigged against the best interests of the American people. A massive market mechanism is securely entrenched in our political system where political influence is openly bought and sold. Tens of thousands of highly-paid middlemen called "lobbyists" facilitate the legal transfer of billions between moneyed special interests and our so-called "representatives" i
Paul Merrell

Did Certain Foreign Governments Facilitate the 9/11 Attacks? by Justin Raimondo -- Anti... - 0 views

  • Some thirteen years after the event, the shadow of the 9/11 terrorist attacks on the World Trade Center in Manhattan and the Pentagon still darkens our world. The legacy of that terrible day has impacted not only our foreign policy, bequeathing to a new generation an apparently endless "war on terrorism," it also has led directly to what is arguably the most massive assault on our civil liberties since the Alien and Sedition Acts. Getting all the information about what happened that day – and why it happened – is key to understanding the course we have taken since. This was supposed to have been the purpose of the 9/11 Commission, whose massive report is now looked to as the primary source on the subject. Yet there is another, far more specific investigative report, the one issued by the intelligence committees of both houses of Congress, entitled "Joint Inquiry into Intelligence Community Activities Before and After the Terrorist Attacks of September 11, 2001." If you actually take the time to read the report, all goes along swimmingly (except for occasional redactions) until you get to p. 369, whereupon the text is blacked out for the next twenty-eight pages.
  • Some thirteen years after the event, the shadow of the 9/11 terrorist attacks on the World Trade Center in Manhattan and the Pentagon still darkens our world. The legacy of that terrible day has impacted not only our foreign policy, bequeathing to a new generation an apparently endless "war on terrorism," it also has led directly to what is arguably the most massive assault on our civil liberties since the Alien and Sedition Acts. Getting all the information about what happened that day – and why it happened – is key to understanding the course we have taken since. This was supposed to have been the purpose of the 9/11 Commission, whose massive report is now looked to as the primary source on the subject. Yet there is another, far more specific investigative report, the one issued by the intelligence committees of both houses of Congress, entitled "Joint Inquiry into Intelligence Community Activities Before and After the Terrorist Attacks of September 11, 2001." If you actually take the time to read the report, all goes along swimmingly (except for occasional redactions) until you get to p. 369, whereupon the text is blacked out for the next twenty-eight pages.
  • Do you get the impression someone has something to hide? The censored section is entitled "Finding, Discussion and Narrative Regarding Certain Sensitive National Security Matters," and the introduction – left largely intact – is instructive: "Through its investigation, the Joint Inquiry developed information suggesting specific sources of foreign support for some of the September 11 hijackers while they were in the United States. The Joint Inquiry’s review confirmed that the Intelligence Community also has information, much of which has yet to be independently verified, concerning these potential sources of support. In their testimony, neither CIA nor FBI officials were able to address definitively the extent of such support for the hijackers globally or within the United States or the extent to which such support, if it exists, is knowing or inadvertent in nature."
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  • What’s in the 28 censored pages of the Joint Inquiry into 9/11? We don’t know for sure – but if Israel is involved, then we do know why they won’t let us read those pages. Representatives Jones, Lynch, and Massie have sparked a movement to declassify the 28 pages: go here for more information. This is a fight we need to win – but we can only do it by raising a huge stink. Call or write your congressional representatives and urge them to join the three congressmen who are fighting for your right to know. And spread the word.
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    Eloquent essay on the 60 Israeli "students" swept up by the FBI right after 9/11 then as swiftly shuttled onto airliners bound for Israel. It's a plea for the declassification of the 28 pages censored from the public version of the Congressional Intelligence Committees joint report on "Intelligence Community Activities Before and After the Terrorist Attacks of September 11, 2001." The essay's theme is wrapped around the preface to the censored pages mention of plural "sources of foreign support for some of the September 11 hijackers[.]" And it uses reported information about the  60 "students" and some statements by members of Congress who have read the 28 pages to argue there is a strong whiff that Israel was one of those plural sources of support. But the essay otherwise does not address the large mound of circumstantial evidence of Israel's involvement. I've got a lot of notes and links on that issue, so may blog about that later.
Gary Edwards

1913: The Blow That Killed America 100 Years Ago - 0 views

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    "There is a lot of ruin in a nation," wrote Adam Smith. His point was that it takes a long time for nations to fall, even when they're dead on their feet. And he was certainly right. America took its fatal blow in 1913, one hundred years ago; it just hasn't hit the ground yet. This is a slow process, but it's actually fast compared to the Romans. It took them several centuries to collapse . The confusing thing about our current situation is that America - and by that I mean the noble America that so many of us grew up believing was real - has long been poisoned. Its liver, kidneys, and spleen have all stopped functioning. Its heart beats slowly and irregularly. But it still stands on its feet and presents itself as alive to all those who would let their eyes fool them. And I'm not without sympathy for those who want to believe. They find themselves in a world where politics is almighty, and where their comfort, prosperity, and perhaps their survival all hang in a delicate balance. They don't want to upset anything, and questioning the bosses is a good way to get yelled at. But just because someone wants to believe doesn't make it so. We are not children and we are not powerless. We Producers should never be intimidated by those who live at our expense. So let's start looking at the facts. 1913: The Horrible Year For all the problems America had prior to 1913 (including the unnecessary and horrifying Civil War), nothing spelled the death of the nation like the horrors of 1913. Here are the key dates: February 3rd : The 16th Amendment to the United States Constitution was ratified, authorizing the Federal government to impose income taxes on individuals. An amendment to a tariff act in 1894 had attempted to do this, but since it was clearly unconstitutional, the Supreme Court struck it down. As a result - and mostly under the banner of bleeding the rich - the 16th amendment was promoted and passed. As a result, the Revenue Act of 1
Paul Merrell

Kurdish TAK Claim Responsibility for Istanbul Bombings - Timed for a Constitutional Cou... - 0 views

  • The Kurdistan Freedom Hawks (TAK) claimed responsibility for the twin bomb attack near Istanbul’s Beşiktas’s Vodafone Arena Stadium that killed 38 people and wounded 166 Saturday night. The TAK, a PKK offshoot is believed to be infiltrated and at least in part handled by Turkish and NATO intelligence. The bombings happened as a drat resolution for sweeping constitutional change was presented in parliament and as the U.S. declared its solidarity with Turkey in its fight against the PKK.
  • The Kurdistan Freedom Hawks (TAK) published a claim of responsibility for the deadly twin bombing in Istanbul Saturday night. The TAK mentions several reasons for the bombing; among the primary ones is the continued imprisonment of Kurdistan Worker’s Party (PKK) leader Abdullah Öcalan. The TAK split off from the PKK in the early 200os. The organization has no more than about 200 – 300 armed members. Most objective political analysts and intelligence analysts consider the TAK to be an organization that, at the very least, has been deeply infiltrated by, and one that is at the very least in part managed by Turkish and NATO intelligence structures. The TAK are notorious for carrying out low-cost, high-public-profile attacks that result in support for otherwise controversial Turkish government or NATO policies. The TAKs strategy, including attacks on non-combatant civilians, is largely inconsistent with the policy and the strategy of the PKK. The latter primarily launches guerrilla attacks against military targets.
  • The twin bombings in Istanbul happened not long after Turkey’s ruling Justice and Development Party, (AKP), submitted a 21-article draft for a constitutional amendment in parliament. The proposal aims at abolishing the post of the prime minister and to institute a presidential system instead. The proposed system will vastly enhance the powers for the head of state. An agreement between the AKP and the Nationalist Movement Party (MHP) has been reached while the CHP opposes it “somewhat” and the leftist pro-Kurdistan peace HDP opposes it fully. The draft constitutional amendment was submitted to the parliamentary speaker on Dec. 10, one day prior to the bombings in Istanbul. It is widely believed to be adopted by parliament after the mandatory readings. The draft proposes granting the president the authority to issue decree laws, declare a state of emergency, rule the country with resolutions during states of emergency, appoint public officials and half of the top judges. If the bill passes parliament, may be submitted for a public referendum, although it is questionable whether such a referendum would even be considered valid while the country still maintains a state of emergency and numerous HDP members, including members of parliament and Mayors are jailed or otherwise persecuted. The draft proposes a one-chamber parliament and stresses the country’s unitary system that implicitly rejects a republican model or regional autonomy for Kurdish areas. Peace negotiations between the Turkish AKP government and the PKK during the ceasefire that was unilaterally ended by the government last year, had led the PKK to drop its demand for aa separate Kurdish State in exchange for forms of regional autonomy and cultural self-determination in predominantly Kurdish areas.
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  • The proposed constitutional change was met by substantial public criticism – until the “Kurdistan Freedom Hawks” distracted from the discourse by exploding two bombs in Istanbul. Instead of discussions about and protests against what is widely perceived as the attempt to implement a semi-dictatorial presidential system, the AKP, the MHP and associated organizations are now calling for mass rallies against terror (Kurds), and national unity.
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