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Paul Merrell

Supreme Court Strikes Out KBR - 0 views

  • The U.S. Supreme Court came out in favor of contractor accountability this week, rejecting attempts by KBR and its former parent company, Halliburton, to dismiss three lawsuits accusing them of harming service members and civilians in Iraq and Afghanistan. (KBR, one of the largest reconstruction and logistics contractors in Iraq and Afghanistan, was part of Halliburton until 2007.) The Supreme Court, which denied the companies’ petitions without comment, left intact lower court rulings allowing these lawsuits to proceed to trial:
  • McManaway v. KBR American and British soldiers allege KBR knowingly exposed them to the hazardous chemical sodium dichromate while they were posted at the Qarmat Ali water treatment facility in Iraq in 2003. The soldiers were protecting KBR employees who were restoring the facility. This case involves the Restore Iraqi Oil (RIO) contract, which contained a provision requiring the government to indemnify KBR for any property damage, injury, or death occurring on the contract and all related legal expenses. The government is refusing to indemnify KBR for Qarmat Ali litigation, which has already resulted in an $81 million judgment against the company in a case filed in Oregon. Both the indemnification decision and the Oregon judgment are still mired in appeals, despite Congress urging the Pentagon last year to “take control of the litigation process” and hasten its conclusion. “With KBR’s immunity petitions rejected by the Supreme Court in three separate cases, the wait for the veterans’ cases to proceed to trial has finally ended,” attorney Michael Doyle, who represents the plaintiffs in in the Metzgar and McManaway cases, told the Project On Government Oversight. “There can’t be a place in American law for blanket immunity for military contractor misconduct harming our troops and others, and we look forward to the next trial soon.”
  • Metzgar v. KBR Dozens of U.S. military personnel and civilian employees claim they suffered harm as a result of KBR’s waste disposal and water treatment practices on military bases in Iraq and Afghanistan. The case involves KBR’s Logistics Civil Augmentation Program (LOGCAP) III contract. The plaintiffs allege that the company burned large quantities of solid waste in toxin-spewing open-air burn pits and provided contaminated water. Harris v. KBR Cheryl Harris seeks to hold KBR and Halliburton accountable for the death of her son, Staff Sergeant Ryan Maseth, who was electrocuted in 2008 while showering at his base in Iraq. KBR’s responsibility for maintaining the shower facilities was also part of the LOGCAP III contract.
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  • The plaintiffs are suing the contractors because the government is generally immune from personal injury lawsuits. Contingency operation contractors like KBR and Halliburton argue they are also immune because they function essentially as an extension of the military. Ever since the first bombs fell on Afghanistan more than 13 years ago, contractor civil and criminal liability in war zones has been a hotly debated and litigated issue. However, recent decisions by the Supreme Court and the federal circuit courts give us hope that this area of law is becoming more settled and contractor accountability cases will have an easier time getting to trial.
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    There's an error in the article where it states that "the government is generally immune from personal injury lawsuits." In fact the federal government generally can be sued for personal injury under the Federal Tort Claims Act, but there is an exception created by the Supreme Court in Feres v. United States: the federal government has no liabllity for personal injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. See for an overview, https://en.wikipedia.org/wiki/Feres_v._United_States However, veterans are entitled in such circumstances to Department of Veteran Affairs disability benefits and medical treatment. Military contractors are very fond of trying to piggy-back onto the Feres Doctrine but it rarely works. I've read a fair bit about KBR's conduct involved. KBR even had multi-million-dollar incinerators there for waste disposal that the government paid for (and their transport to the war zones) to safely dispose of wastes without endangering soldiers, but never set them up. That is pretty solid evidence that they knew of the hazard from using open burn pits. And it's also pretty strong proof that our military auditors in charge of checking contract compliance gave KBR a pass. Did money change hands between KBR and the auditors? War profiteering at its finest. "There is such a thirst for gain [among military suppliers]... that it is enough to make one curse their own Species, for possessing so little virtue and patriotism." George Washington.
Gary Edwards

The Real Reason for the Iraq War | VICE United Kingdom - 1 views

  • Like most lefty journalists, I assumed that George Bush and Tony Blair invaded Iraq to buy up its oil fields, cheap and at gun-point, and cart off the oil. We thought we knew the neo-cons true casus belli: Blood for oil. But the truth in the Options for Iraqi Oil Industry was worse than "Blood for Oil". Much, much worse.
  • Within days, our chief of investigations, Ms Badpenny, delivered to my shack in the woods outside New York a 323-page, three-volume programme for Iraq's oil crafted by George Bush's State Department and petroleum insiders meeting secretly in Houston, Texas. I cracked open the pile of paper – and I was blown away.
  • I'd already had in my hands a 101-page document, another State Department secret scheme, first uncovered by Wall Street Journal reporter Neil King, that called for the privatisation, the complete sell-off of every single government-owned asset and industry. And in case anyone missed the point, the sales would include every derrick, pipe and barrel of oil, or, as the document put it, "especially the oil". That plan was created by a gaggle of corporate lobbyists and neo-cons working for the Heritage Foundation. In 2004, the plan's authenticity was confirmed by Washington power player Grover Norquist. (It's hard to erase the ill memory of Grover excitedly waving around his soft little hands as he boasted about turning Iraq into a free-market Disneyland, recreating Chile in Mesopotamia, complete with the Pinochet-style dictatorship necessary to lock up the assets – while behind Norquist, Richard Nixon snarled at me from a gargantuan portrait.) The neo-con idea was to break up and sell off Iraq's oil fields, ramp up production, flood the world oil market – and thereby smash OPEC and with it, the political dominance of Saudi Arabia.
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  • General Jay Garner also confirmed the plan to grab the oil. Indeed, Secretary of Defense Donald Rumsfeld fired Garner, when the General, who had lived in Iraq, complained the neo-con grab would set off a civil war. It did. Nevertheless, Rumsfeld replaced Garner with a new American viceroy, Paul Bremer, a partner in Henry Kissinger's firm, to complete the corporate takeover of Iraq's assets – "especially the oil".
  • But that was not to be. While Bremer oversaw the wall-to-wall transfer of Iraqi industries to foreign corporations, he was stopped cold at the edge of the oil fields. How? I knew there was only one man who could swat away the entire neo-con army: James Baker, former Secretary of State, Bush family consiglieri and most important, counsel to Exxon-Mobil Corporation and the House of Saud.
  • There was no way in hell that Baker's clients, from Exxon to Abdullah, were going to let a gaggle of neo-con freaks smash up Iraq's oil industry, break OPEC production quotas, flood the market with six million bbd of Iraqi oil and thereby knock the price of oil back down to $13 a barrel where it was in 1998.
  • Big Oil could not allow Iraq's oil fields to be privatised and taken from state control. That would make it impossible to keep Iraq within OPEC (an avowed goal of the neo-cons) as the state could no longer limit production in accordance with the cartel's quota system. The US oil industry was using its full political mojo to prevent their being handed ownership of Iraq's oil fields. That's right: The oil companies didn't want to own the oil fields – and they sure as hell didn't want the oil. Just the opposite. They wanted to make sure there would be a limit on the amount of oil that would come out of Iraq. Saddam wasn't trying to stop the flow of oil – he was trying to sell more. The price of oil had been boosted 300 percent by sanctions and an embargo cutting Iraq's sales to two million barrels a day from four. With Saddam gone, the only way to keep the damn oil in the ground was to leave it locked up inside the busted state oil company which would remain under OPEC (i.e. Saudi) quotas. The James Baker Institute quickly and secretly started in on drafting the 323-page plan for the State Department. With authority granted from the top (i.e. Dick Cheney), ex-Shell Oil USA CEO Phil Carroll was rushed to Baghdad in May 2003 to take charge of Iraq's oil. He told Bremer, "There will be no privatisation of oil – END OF STATEMENT." Carroll then passed off control of Iraq's oil to Bob McKee of Halliburton, Cheney's old oil-services company, who implemented the Baker "enhance OPEC" option anchored in state ownership.
  • This week, VICE readers can download, for free, Greg Palast's investigation of the war in Iraq in the BBC film, Bush Family Fortunes, at www.GregPalast.com – as well as the illustrated poster of "The Secret History of War over Oil in Iraq" from Palast's international bestseller, Armed Madhouse, also at www.GregPalast.com
  • Some oil could be released, mainly to China, through limited, but lucrative, "production sharing agreements". And that's how George Bush won the war in Iraq. The invasion was not about "blood for oil", but something far more sinister: blood for no oil. War to keep supply tight and send prices skyward. Oil men, whether James Baker or George Bush or Dick Cheney, are not in the business of producing oil. They are in the business of producing profits. And they've succeeded. Iraq, capable of producing six to 12 million barrels of oil a day, still exports well under its old OPEC quota of three million barrels. The result: As we mark the tenth anniversary of the invasion this month, we also mark the fifth year of crude at $100 a barrel. As George Bush could proudly say to James Baker: Mission Accomplished!
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    The Sherman Act forbids conspiracies in restraint of trade and is at its zenith in price-fixing cases. This looks to be the mother of all price-fixing cases, to say the least.   
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    Wow, Marbux has it right.  This report from the legendary Greg Palast of the BBC News Network is a stunning reversal of what everyone believed to be the truth.  To wit, the militarist and global strategist - resource control hungry neocon contingent of the Repubican party was always thought to be behind the Iraqi war.  For control of cheap, plentiful oil and, the protection / destruction of Israel's enemies.   Funny, but it turns out America was fighting for higher oil prices and limited supplies.  Just as in the first Gulf War, Americans were fighting to protect Saudi and big oil profits. excerpt: Big Oil could not allow Iraq's oil fields to be privatised and taken from state control. That would make it impossible to keep Iraq within OPEC (an avowed goal of the neo-cons) as the state could no longer limit production in accordance with the cartel's quota system. The US oil industry was using its full political mojo to prevent their being handed ownership of Iraq's oil fields. That's right: The oil companies didn't want to own the oil fields - and they sure as hell didn't want the oil. Just the opposite. They wanted to make sure there would be a limit on the amount of oil that would come out of Iraq. Saddam wasn't trying to stop the flow of oil - he was trying to sell more. The price of oil had been boosted 300 percent by sanctions and an embargo cutting Iraq's sales to two million barrels a day from four. With Saddam gone, the only way to keep the damn oil in the ground was to leave it locked up inside the busted state oil company which would remain under OPEC (i.e. Saudi) quotas. The James Baker Institute quickly and secretly started in on drafting the 323-page plan for the State Department. With authority granted from the top (i.e. Dick Cheney), ex-Shell Oil USA CEO Phil Carroll was rushed to Baghdad in May 2003 to take charge of Iraq's oil. He told Bremer, "There will be no privatisation of oil - END OF STATEMENT." Carroll then passed off control
Paul Merrell

Energy companies planning more layoffs - Business Insider - 0 views

  • The oil crash is not over. For a few weeks, oil prices climbed and stabilized, and it looked as if the worst of the oil crash were finally ebbing away. After reaching the lows of the year in mid-March, West Texas Intermediate crude oil gained about 50%, steadily climbing, first back to $60 a barrel. But by the first week of July, oil had started to slide again until it finally crashed into a bear market, defined as 20% decline from recent highs. And now energy companies are saying the same things we heard months ago.
  • In a story on Sunday, The Wall Street Journal's Lynn Cook reported that with oil prices hitting new lows, US energy companies were planning to cut more jobs and sell more assets — the same tactics they employed to cope with the first wave of the crash.
  • Morgan Stanley thinks this could be the worst oil crash in 45 years
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  • According to The Journal, the drilling giants Halliburton and Baker Hughes have now cut more than twice the number of jobs they disclosed in February — about 27,000 in total. And as we noted last week, Baker Hughes warned in its earnings release that it expected tough market conditions to continue "across all segments" for the rest of 2015. The company also did not forecast a rebound in oil prices.
Paul Merrell

Whether to Go to War Against Russia Is Top Issue in U.S. Presidential Race | Global Res... - 0 views

  • The United States government has already declared that in regards to what it alleges to be a Russian cyberattack against the U.S. Democratic Party, the U.S. reserves the right to go to war against Russia. NATO has accordingly changed its policy so as to assert that a cyberattack (in this case actually cyber-espionage, such as the U.S. government itself perpetrates against even its own allies such as Angela Merkel by tapping her phone) constitutes an act of war by the alleged cyberattacker, and so requires all NATO member nations to join any cyberattacked NATO nation in war against its alleged (cyber)attacker, if the cyberattacked member declares war against its alleged cyberattacker. Excuses are being sought for a war against Russia; and expanding the definition of “invasion,” to include mere espionage, is one such excuse. But it’s not the only one that the Obama Administration has cooked up. U.S. Senator Mike Lee has asserted that President Barack Obama must obtain a declaration of war against Syria — which is allied with and defended by Russia — before invading Syria. Syria has, for the past few years, already been invaded by tens of thousands of foreign jihadists (financed mainly by the royal Sauds and Qataris, and armed mainly with U.S. weaponry) who are trying to overthrow and replace the Syrian government so that pipelines can be built through Syria into Europe to transport Saudi oil and Qatari gas into the EU, the world’s biggest energy-market, which now is dominated by Russia’s oil and gas. Since Syria is already being defended by Russia (those royals’ major competitor in the oil and gas markets), America’s invasion of Syria would necessarily place U.S. and Russia into an air-war against each other (for the benefit of those royal Arabs — who finance jihadist groups, as even Hillary Clinton acknowledges): Syria would thus become a battleground in a broader war against Russia. So: declaring war against Syria would be a second excuse for World War III, and one which would especially serve the desires not only of U.S. ‘defense’ firms but of the U.S. aristocracy’s royal Arabic allies, who buy much of those ‘defense’ firms’ exports (weaponry), and also U.S. oilfield services firms such as pipelines by Halliburton. (It’s good business for them, no one else. Taxpayers and war-victims pay, but those corporations — and royal families — would profit.)
  • The U.S. government also declares that Russia ‘conquered’ Crimea in 2014 and that Russia must restore it to Ukraine. The U.S. government wants Ukraine to be accepted into NATO, so that all NATO nations will be at war against Russia if Russia doesn’t return Crimea to Ukraine, of which Crimea had only briefly (1954-2014) been a part, until Crimeans voted on 16 March 2014 to rejoin Russia. This Crimean issue is already the basis for America’s economic sanctions against Russia, and thus Russia’s continuing refusal to coerce Crimeans to accept again being part of Ukraine would be yet a third excuse for WW III.
  • Hillary Clinton says “As President, I will make it clear, that the United States will treat cyber attacks just like any other attack.” She alleges that when information was unauthorizedly made public from Democratic National Committee computers, the cyberattacker was Russia. She can be counted as a strong proponent of that excuse for WW3. She’s with Barack Obama and the other neocons on that. She has furthermore said that the U.S. should shoot down any Russian and Syrian bombers in Syria — the phrase for that proposed U.S. policy is to “establish a no-fly zone” there. She makes clear: “I am advocating the no-fly zone.” It would be war against not only Syria, but Russia. (After all: a no-fly zone in which the U.S. is shooting down the government’s planes and Russia’s planes, would be war by the U.S. against both Syria and Russia, but that’s what she wants to do.) She can thus be counted as a strong proponent of those two excuses for WW3.
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  • On the matter of Crimea, she has said that “Putin invaded and annexed Crimea,” and “In the wake of Russia’s illegal annexation of Crimea in early 2014, some have argued that NATO expansion either caused or exacerbated Russia’s aggression. I disagree with that argument.” She believes that the expansion of NATO right up to Russia’s borders is good, not horrific and terrifying (as it is to Russians — just like USSR’s conquering of Mexico would have been terrifying to Americans if USSR did that during the Cold War). Furthermore, because Ukraine is the main transit-route for Russian gas-pipelines into Europe, the coup that in 2014 overthrew the neutralist democratically elected President of Ukraine and replaced him by leaders who seek NATO membership for Ukraine and who have the power to cut off those pipelines, was strongly supported by both Obama and Clinton. She can thus be counted as a strong proponent of all three excuses for WW3. U.S. President Obama has made unequivocally clear that he regards Russia as being by far the world’s most “aggressive” nation; and Clinton, too, commonly uses the term “aggression” as describing Russia (such as she did by her denial that “NATO expansion either caused or exacerbated Russia’s aggression”). To her, Russia’s opposing real aggression by the U.S. (in this case, America’s 2014 coup that overthrew the democratically elected Ukrainian President for whom 75% of Crimeans had voted), constitutes ‘Russia’s aggression’, somehow. Furthermore, as regards whether Crimea’s rejoining Russia was ‘illegal’ as she says: does she also deny the right of self-determination of peoples regarding the residents of Catalonia though the Spanish government accepts it there, and also by the residents of Scotland though the British government accepts it there? Or is she simply determined to have as many excuses to invade Russia as she can have? She has never condemned the independence movements in Scotland or Catalonia. The United States is clearly on a path toward war with Russia. Donald Trump opposes all aspects of that policy.
  • That’s the main difference between the two U.S. Presidential candidates. Trump makes ridiculous statements about the ‘need’ to increase ‘defense’ spending during this period of soaring federal debt, but he has consistently condemned the moves toward war against Russia and said that America’s real enemy is jihadists, and that Russia is on our side in this war — the real war — not an enemy of America such as Hillary Clinton and Barack Obama claim. Both candidates (Trump and Clinton) are war-hawks, but Hillary wants to go to war against both jihadists and Russia, whereas Trump wants to go to war only against jihadists. Trump’s charge that Hillary would be a catastrophic President is borne out not only by her past record in public office, but by her present positions on these issues.
  • Americans are being offered, by this nation’s aristocracy, a choice between a marginally competent and deeply evil psychopath Hillary Clinton, versus an incompetent but far less evil psychopath Donald Trump, and the nation’s press are reporting instead a choice between two candidates of whom one (the actually evil Clinton) is presented as being far preferable to the other (the actually incompetent Trump), and possibly as being someone who might improve this nation if not the world. Virtually none of America’s Establishment is willing to report the truth: that the nation’s rotting will get worse under either person as President, but that only under Trump might this nation (and the world) stand a reasonable likelihood of surviving at all (i.e., nuclear war with Russia being averted). Things won’t get better, but they definitely could get a hell of a lot worse — and this is the issue, the real one, in the present election: WW3, yes or no on that. Hillary Clinton argues that she, with her neoconservative backing (consisting of the same people who cheer-led the invasion of Russia-friendly Iraq, and who shared her joy in doing the same to Russia-friendly Libya — “We came, we saw, he died, ha ha!”), is the better person to have her finger on the nuclear button with Russia. This U.S. Presidential election will be decided upon the WW3-issue, unless the American electorate are incredibly stupid (or else terribly deceived): Is she correct to allege that she and not Trump should have control over the nuclear button against Russia? She’s even more of a neoconservative than Obama is, and this is why she has the endorsement of neoconservatives in this election. And that is the issue.
  • The real question isn’t whether America and the world will be improved by the next U.S. President; it’s whether America and the world will be destroyed by the next U.S. President. All else is mere distraction, by comparison. And the U.S. public now are extremely distracted — unfortunately, even by the candidates themselves. The pathetic Presidential candidates that the U.S. aristocracy has provided to Americans, for the public’s votes in the final round, don’t focus on this reality. Anyone who thinks that the majority of billionaires can’t possibly believe in a ‘winnable’ nuclear war and can’t possibly be wanting WW3 should read this. That was published by the Council on Foreign Relations, Wall Street’s international-affairs think tank. They mean business. And that’s the source of neoconservatism — the top U.S.-based international corporations, mainly in ‘defense’ and oil and Wall Street. (Clinton’s career is based upon precisely those three segments, whereas Trump’s is based instead upon real estate and entertainment, neither of which segments is neoconservative.) It doesn’t come from nowhere; it comes from the people who buy and sell politicians.
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