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Paul Merrell

British Lawmakers Condemn 2011 Intervention in Libya - The New York Times - 0 views

  • A committee of British lawmakers issued a damning assessment on Wednesday of the 2011 intervention in Libya led by Britain and France, concluding that the military action had lacked a coherent strategy, had been based on poor intelligence and had led to a political collapse that aided the rise of the Islamic State in North Africa.
  • The report from the foreign affairs committee of the House of Commons directly blamed the former prime minister, David Cameron, saying he “was ultimately responsible for the failure to develop a coherent Libya strategy.”In echoing many criticisms from another inquiry, published this year, into Britain’s role in the Iraq war under one of Mr. Cameron’s predecessors, Tony Blair, the report suggested that lessons from that conflict had not been learned.Fearing civilian deaths, an international coalition assembled by Britain and France launched air and missile strikes in March 2011, after Col. Muammar el-Qaddafi’s forces threatened to attack the rebel-held city of Benghazi.Libya descended into chaos, and a power vacuum ensued after the Qaddafi government collapsed, allowing fighters for the Islamic State, also known as ISIS or ISIL, to gain a significant foothold in the country, and the report suggested that Britain had lost interest in the country after Colonel Qaddafi lost power. Advertisement Continue reading the main story The mission represented a significant shift from the Iraq war, with Britain and France assuming the main leadership role — Mr. Cameron had pressed for military action alongside the French president at the time, Nicolas Sarkozy — and the United States taking an active, but less visible, role.
  • In many ways, the report mirrored the assessment of President Obama, who offered a candid appraisal of the intervention in an interview published in The Atlantic this year. “It didn’t work,” Mr. Obama said, citing what he described as his misplaced faith that “the Europeans” in general would be invested in the follow-up. He also said that Mr. Cameron had soon become “distracted by other things” and that Mr. Sarkozy had been voted out of office the next year.The report by the 11-person committee, which included six lawmakers from Mr. Cameron’s Conservative Party, criticized the British strategy as flawed from its inception, concluding that it “was founded on erroneous assumptions and an incomplete understanding of the evidence.”
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  • There had been, they said, no thorough assessment of the nature of the rebellion in Libya or of the real threat to civilians. Nor, they added, had there been any attempt at political engagement with the government, leaving military intervention as the sole focus. Today’s Headlines Wake up each morning to the day’s top news, analysis and opinion delivered to your inbox. Please verify you're not a robot by clicking the box. Invalid email address. Please re-enter. Sign Up Receive occasional updates and special offers for The New York Times's products and services. Thank you for subscribing to Today’s Headlines. An error has occurred. Please try again later. You are already subscribed to this email. View all New York Times newsletters. See Sample Manage Email Preferences Not you? Privacy Policy “By the summer of 2011, the limited intervention to protect civilians had drifted into an opportunist policy of regime change,” the lawmakers said.The consequence of the military action was “political and economic collapse, intermilitia and intertribal warfare, humanitarian and migrant crises, widespread human rights violations, the spread of Qaddafi regime weapons across the region and the growth of ISIL in North Africa,” the lawmakers said.
Paul Merrell

As Democrats Gather, a Russian Subplot Raises Intrigue - The New York Times - 0 views

  • An unusual question is capturing the attention of cyberspecialists, Russia experts and Democratic Party leaders in Philadelphia: Is Vladimir V. Putin trying to meddle in the American presidential election?Until Friday, that charge, with its eerie suggestion of a Kremlin conspiracy to aid Donald J. Trump, has been only whispered.But the release on Friday of some 20,000 stolen emails from the Democratic National Committee’s computer servers, many of them embarrassing to Democratic leaders, has intensified discussion of the role of Russian intelligence agencies in disrupting the 2016 campaign. #conventions-briefing-promo .interactive-graphic { margin-bottom: 0; } .g-briefing-promo a { color: #000; } .g-briefing-promo .g-headline { font: 700 21px/1.1 nyt-cheltenham, georgia, serif; font-style: italic; } .viewport-medium-10 .g-briefing-promo .g-headline { font-size: 24px; line-height: 1.2; } .g-briefing-promo .g-kicker { color: #a81817; } .g-briefing-promo .g-item { font: 400 14px/1.3 nyt-franklin, helvetica, arial, sans-serif; padding: 9px 0 1px 16px; display: block; } .viewport-medium-10 .g-briefing-promo .g-item { font-size: 15px; line-height: 1.2; padding-bottom: 3px; } .g-briefing-promo .g-item:before { content: '•'; display: block; position: absolute; margin-top: 2px; margin-left: -14px; font-size: 11px; }
  • The emails, released first by a supposed hacker and later by WikiLeaks, exposed the degree to which the Democratic apparatus favored Hillary Clinton over her primary rival, Senator Bernie Sanders of Vermont, and triggered the resignation of Debbie Wasserman Schultz, the party chairwoman, on the eve of the convention’s first day.Proving the source of a cyberattack is notoriously difficult. But researchers have concluded that the national committee was breached by two Russian intelligence agencies, which were the same attackers behind previous Russian cyberoperations at the White House, the State Department and the Joint Chiefs of Staff last year. And metadata from the released emails suggests that the documents passed through Russian computers. Though a hacker claimed responsibility for giving the emails to WikiLeaks, the same agencies are the prime suspects. Whether the thefts were ordered by Mr. Putin, or just carried out by apparatchiks who thought they might please him, is anyone’s guess.
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    Yes, talk about anything but the contents of the emails.
Paul Merrell

Russia Surprises U.S. With Accord on Battling ISIS - The New York Times - 0 views

  • For the second time this month, Russia moved to expand its political and military influence in the Syria conflict and left the United States scrambling, this time by reaching an understanding, announced on Sunday, with Iraq, Syria and Iran to share intelligence about the Islamic State.Like Russia’s earlier move to bolster the government of President Bashar al-Assad by deploying warplanes and tanks to a base near Latakia, Syria, the intelligence-sharing arrangement was sealed without notice to the United States. American officials knew that a group of Russian military officers were in Baghdad, but they were clearly surprised when the Iraqi military’s Joint Operations Command announced the intelligence sharing accord on Sunday.
  • It was another sign that President Vladimir V. Putin of Russia was moving ahead with a sharply different tack from that of the Obama administration in battling the Islamic State, also known as ISIS or ISIL, by assembling a rival coalition that includes Iran and the Syrian government.
  • The effort, which Mr. Putin is expected to underscore in his speech at the United Nations on Monday, not only puts Moscow in a position to give military support to Mr. Assad, its longtime ally in the Middle East, but could also enable the Kremlin to influence the choice of a successor if Mr. Assad were to eventually leave power.Russia’s moves are raising difficult questions for the Obama administration, which remains deeply conflicted about American military involvement in the Syria conflict. Ensuring that the Russian military and the United States-led coalition, which is carrying out airstrikes against the Islamic State, “deconflict” and avoid running into each other is only part of the problem: The Obama administration and the Kremlin do not appear to agree even on the main reason for the conflict.
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    The basic difference: Syria, Russia, and Iran intend to win the war with ISIL while U.S. policy is to support ISIL in aid of keeping Syria destabilized.
Paul Merrell

Tomgram: Alfred McCoy, It's About Blackmail, Not National Security | TomDispatch - 0 views

  • For more than six months, Edward Snowden’s revelations about the National Security Agency (NSA) have been pouring out from the Washington Post, the New York Times, the Guardian, Germany’s Der Spiegel, and Brazil’s O Globo, among other places.  Yet no one has pointed out the combination of factors that made the NSA’s expanding programs to monitor the world seem like such a slam-dunk development in Washington.  The answer is remarkably simple.  For an imperial power losing its economic grip on the planet and heading into more austere times, the NSA’s latest technological breakthroughs look like a bargain basement deal when it comes to projecting power and keeping subordinate allies in line -- like, in fact, the steal of the century.  Even when disaster turned out to be attached to them, the NSA’s surveillance programs have come with such a discounted price tag that no Washington elite was going to reject them.
  • What exactly was the aim of such an unprecedented program of massive domestic and planetary spying, which clearly carried the risk of controversy at home and abroad? Here, an awareness of the more than century-long history of U.S. surveillance can guide us through the billions of bytes swept up by the NSA to the strategic significance of such a program for the planet’s last superpower. What the past reveals is a long-term relationship between American state surveillance and political scandal that helps illuminate the unacknowledged reason why the NSA monitors America’s closest allies. Not only does such surveillance help gain intelligence advantageous to U.S. diplomacy, trade relations, and war-making, but it also scoops up intimate information that can provide leverage -- akin to blackmail -- in sensitive global dealings and negotiations of every sort. The NSA’s global panopticon thus fulfills an ancient dream of empire. With a few computer key strokes, the agency has solved the problem that has bedeviled world powers since at least the time of Caesar Augustus: how to control unruly local leaders, who are the foundation for imperial rule, by ferreting out crucial, often scurrilous, information to make them more malleable.
  • Once upon a time, such surveillance was both expensive and labor intensive. Today, however, unlike the U.S. Army’s shoe-leather surveillance during World War I or the FBI’s break-ins and phone bugs in the Cold War years, the NSA can monitor the entire world and its leaders with only 100-plus probes into the Internet’s fiber optic cables. This new technology is both omniscient and omnipresent beyond anything those lacking top-secret clearance could have imagined before the Edward Snowden revelations began.  Not only is it unimaginably pervasive, but NSA surveillance is also a particularly cost-effective strategy compared to just about any other form of global power projection. And better yet, it fulfills the greatest imperial dream of all: to be omniscient not just for a few islands, as in the Philippines a century ago, or a couple of countries, as in the Cold War era, but on a truly global scale. In a time of increasing imperial austerity and exceptional technological capability, everything about the NSA’s surveillance told Washington to just “go for it.”  This cut-rate mechanism for both projecting force and preserving U.S. global power surely looked like a no-brainer, a must-have bargain for any American president in the twenty-first century -- before new NSA documents started hitting front pages weekly, thanks to Snowden, and the whole world began returning the favor.
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  • As the gap has grown between Washington’s global reach and its shrinking mailed fist, as it struggles to maintain 40% of world armaments (the 2012 figure) with only 23% of global gross economic output, the U.S. will need to find new ways to exercise its power far more economically. As the Cold War took off, a heavy-metal U.S. military -- with 500 bases worldwide circa 1950 -- was sustainable because the country controlled some 50% of the global gross product. But as its share of world output falls -- to an estimated 17% by 2016 -- and its social welfare costs climb relentlessly from 4% of gross domestic product in 2010 to a projected 18% by 2050, cost-cutting becomes imperative if Washington is to survive as anything like the planet’s “sole superpower.” Compared to the $3 trillion cost of the U.S. invasion and occupation of Iraq, the NSA’s 2012 budget of just $11 billion for worldwide surveillance and cyberwarfare looks like cost saving the Pentagon can ill-afford to forego. Yet this seeming “bargain” comes at what turns out to be an almost incalculable cost. The sheer scale of such surveillance leaves it open to countless points of penetration, whether by a handful of anti-war activists breaking into an FBI field office in Media, Pennsylvania, back in 1971 or Edward Snowden downloading NSA documents at a Hawaiian outpost in 2012.
  • In October 2001, not satisfied with the sweeping and extraordinary powers of the newly passed Patriot Act, President Bush ordered the National Security Agency to commence covert monitoring of private communications through the nation's telephone companies without the requisite FISA warrants. Somewhat later, the agency began sweeping the Internet for emails, financial data, and voice messaging on the tenuous theory that such “metadata” was “not constitutionally protected.” In effect, by penetrating the Internet for text and the parallel Public Switched Telephone Network (PSTN) for voice, the NSA had gained access to much of the world’s telecommunications. By the end of Bush’s term in 2008, Congress had enacted laws that not only retrospectively legalized these illegal programs, but also prepared the way for NSA surveillance to grow unchecked. Rather than restrain the agency, President Obama oversaw the expansion of its operations in ways remarkable for both the sheer scale of the billions of messages collected globally and for the selective monitoring of world leaders.
  • By 2012, the centralization via digitization of all voice, video, textual, and financial communications into a worldwide network of fiber optic cables allowed the NSA to monitor the globe by penetrating just 190 data hubs -- an extraordinary economy of force for both political surveillance and cyberwarfare.
  • With a few hundred cable probes and computerized decryption, the NSA can now capture the kind of gritty details of private life that J. Edgar Hoover so treasured and provide the sort of comprehensive coverage of populations once epitomized by secret police like East Germany’s Stasi. And yet, such comparisons only go so far. After all, once FBI agents had tapped thousands of phones, stenographers had typed up countless transcripts, and clerks had stored this salacious paper harvest in floor-to-ceiling filing cabinets, J. Edgar Hoover still only knew about the inner-workings of the elite in one city: Washington, D.C.  To gain the same intimate detail for an entire country, the Stasi had to employ one police informer for every six East Germans -- an unsustainable allocation of human resources. By contrast, the marriage of the NSA’s technology to the Internet’s data hubs now allows the agency’s 37,000 employees a similarly close coverage of the entire globe with just one operative for every 200,000 people on the planet
  • Through the expenditure of $250 million annually under its Sigint Enabling Project, the NSA has stealthily penetrated all encryption designed to protect privacy. “In the future, superpowers will be made or broken based on the strength of their cryptanalytic programs,” reads a 2007 NSA document. “It is the price of admission for the U.S. to maintain unrestricted access to and use of cyberspace.” By collecting knowledge -- routine, intimate, or scandalous -- about foreign leaders, imperial proconsuls from ancient Rome to modern America have gained both the intelligence and aura of authority necessary for dominion over alien societies. The importance, and challenge, of controlling these local elites cannot be overstated. During its pacification of the Philippines after 1898, for instance, the U.S. colonial regime subdued contentious Filipino leaders via pervasive policing that swept up both political intelligence and personal scandal. And that, of course, was just what J. Edgar Hoover was doing in Washington during the 1950s and 1960s.
  • Indeed, the mighty British Empire, like all empires, was a global tapestry woven out of political ties to local leaders or “subordinate elites” -- from Malay sultans and Indian maharajas to Gulf sheiks and West African tribal chiefs. As historian Ronald Robinson once observed, the British Empire spread around the globe for two centuries through the collaboration of these local leaders and then unraveled, in just two decades, when that collaboration turned to “non-cooperation.” After rapid decolonization during the 1960s transformed half-a-dozen European empires into 100 new nations, their national leaders soon found themselves the subordinate elites of a spreading American global imperium. Washington suddenly needed the sort of private information that could keep such figures in line. Surveillance of foreign leaders provides world powers -- Britain then, America now -- with critical information for the exercise of global hegemony. Such spying gave special penetrating power to the imperial gaze, to that sense of superiority necessary for dominion over others.  It also provided operational information on dissidents who might need to be countered with covert action or military force; political and economic intelligence so useful for getting the jump on allies in negotiations of all sorts; and, perhaps most important of all, scurrilous information about the derelictions of leaders useful in coercing their compliance.
  • In late 2013, the New York Times reported that, when it came to spying on global elites, there were “more than 1,000 targets of American and British surveillance in recent years,” reaching down to mid-level political actors in the international arena. Revelations from Edward Snowden’s cache of leaked documents indicate that the NSA has monitored leaders in some 35 nations worldwide -- including Brazilian president Dilma Rousseff, Mexican presidents Felipe Calderón and Enrique Peña Nieto, German Chancellor Angela Merkel, and Indonesia’s president Susilo Bambang Yudhoyono.  Count in as well, among so many other operations, the monitoring of “French diplomatic interests” during the June 2010 U.N. vote on Iran sanctions and “widespread surveillance” of world leaders during the Group 20 summit meeting at Ottawa in June 2010. Apparently, only members of the historic “Five Eyes” signals-intelligence alliance (Australia, Canada, New Zealand, and Great Britain) remain exempt -- at least theoretically -- from NSA surveillance. Such secret intelligence about allies can obviously give Washington a significant diplomatic advantage. During U.N. wrangling over the U.S. invasion of Iraq in 2002-2003, for example, the NSA intercepted Secretary-General Kofi Anan’s conversations and monitored the “Middle Six” -- Third World nations on the Security Council -- offering what were, in essence, well-timed bribes to win votes. The NSA’s deputy chief for regional targets sent a memo to the agency’s Five Eyes allies asking “for insights as to how membership is reacting to on-going debate regarding Iraq, plans to vote on any related resolutions [..., and] the whole gamut of information that could give U.S. policymakers an edge in obtaining results favorable to U.S. goals.”
  • Indicating Washington’s need for incriminating information in bilateral negotiations, the State Department pressed its Bahrain embassy in 2009 for details, damaging in an Islamic society, on the crown princes, asking: “Is there any derogatory information on either prince? Does either prince drink alcohol? Does either one use drugs?” Indeed, in October 2012, an NSA official identified as “DIRNSA,” or Director General Keith Alexander, proposed the following for countering Muslim radicals: “[Their] vulnerabilities, if exposed, would likely call into question a radicalizer’s devotion to the jihadist cause, leading to the degradation or loss of his authority.” The agency suggested that such vulnerabilities could include “viewing sexually explicit material online” or “using a portion of the donations they are receiving… to defray personal expenses.” The NSA document identified one potential target as a “respected academic” whose “vulnerabilities” are “online promiscuity.”
  • Just as the Internet has centralized communications, so it has moved most commercial sex into cyberspace. With an estimated 25 million salacious sites worldwide and a combined 10.6 billion page views per month in 2013 at the five top sex sites, online pornography has become a global business; by 2006, in fact, it generated $97 billion in revenue. With countless Internet viewers visiting porn sites and almost nobody admitting it, the NSA has easy access to the embarrassing habits of targets worldwide, whether Muslim militants or European leaders. According to James Bamford, author of two authoritative books on the agency, “The NSA's operation is eerily similar to the FBI's operations under J. Edgar Hoover in the 1960s where the bureau used wiretapping to discover vulnerabilities, such as sexual activity, to ‘neutralize’ their targets.”
  • Indeed, whistleblower Edward Snowden has accused the NSA of actually conducting such surveillance.  In a December 2013 letter to the Brazilian people, he wrote, “They even keep track of who is having an affair or looking at pornography, in case they need to damage their target's reputation.” If Snowden is right, then one key goal of NSA surveillance of world leaders is not U.S. national security but political blackmail -- as it has been since 1898. Such digital surveillance has tremendous potential for scandal, as anyone who remembers New York Governor Eliot Spitzer’s forced resignation in 2008 after routine phone taps revealed his use of escort services; or, to take another obvious example, the ouster of France’s budget minister Jérôme Cahuzac in 2013 following wire taps that exposed his secret Swiss bank account. As always, the source of political scandal remains sex or money, both of which the NSA can track with remarkable ease.
  • By starting a swelling river of NSA documents flowing into public view, Edward Snowden has given us a glimpse of the changing architecture of U.S. global power. At the broadest level, Obama’s digital “pivot” complements his overall defense strategy, announced in 2012, of reducing conventional forces while expanding into the new, cost-effective domains of space and cyberspace. While cutting back modestly on costly armaments and the size of the military, President Obama has invested billions in the building of a new architecture for global information control. If we add the $791 billion expended to build the Department of Homeland Security bureaucracy to the $500 billion spent on an increasingly para-militarized version of global intelligence in the dozen years since 9/11, then Washington has made a $1.2 trillion investment in a new apparatus of world power.
  • So formidable is this security bureaucracy that Obama’s recent executive review recommended the regularization, not reform, of current NSA practices, allowing the agency to continue collecting American phone calls and monitoring foreign leaders into the foreseeable future. Cyberspace offers Washington an austerity-linked arena for the exercise of global power, albeit at the cost of trust by its closest allies -- a contradiction that will bedevil America’s global leadership for years to come. To update Henry Stimson: in the age of the Internet, gentlemen don't just read each other’s mail, they watch each other’s porn. Even if we think we have nothing to hide, all of us, whether world leaders or ordinary citizens, have good reason to be concerned.
Paul Merrell

Israeli Government Watchdog Investigates Military's Conduct in Gaza War - NYTimes.com - 0 views

  • Israel’s government watchdog, the state comptroller, said on Tuesday that he had opened an investigation into decisions made by military and political leaders during last summer’s 50-day war with the Hamas militant group in Gaza.The announcement was Israel’s latest effort to head off an International Criminal Court inquiry into its conduct during the war, and came days after prosecutors at the court opened a preliminary examination of possible war crimes committed in the Palestinian territories, the first formal step that could lead to charges against Israelis.
  • A United Nations Human Rights Council commission of inquiry into Israel’s military operations in the Gaza Strip is underway. The state comptroller’s announcement also came as Physicians for Human Rights-Israel, which opposes Israeli occupation of the territories captured in 1967, published a report criticizing what it said were failures of the Israeli military’s system for warning Gaza’s citizens of impending strikes during the fighting last summer. It also faulted the military for a lack of safe evacuation routes and for strikes against rescue teams.
  • The International Criminal Court generally takes on only cases concerning countries that are unwilling or unable to investigate their own actions. In a statement, the Israeli state comptroller, Joseph Haim Shapira, highlighted this point as what was apparently a motivating factor in beginning his inquiry.
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  • “According to principles of international law,” the statement said, “when a state exercises its authority to objectively investigate accusations regarding violations of the laws of armed conflict, this will preclude examination of said accusations by external international tribunals (such as the International Criminal Court in The Hague).”
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    The claim that self-investigation serves as an absolute bar to investigation and prosecution by the ICC drastically overstates the actual principle, which makes exceptions for situations in which the investigating state is unable or unwilling to conduct a thorough investigation and actually prosecute those most responsible for the crime, and for situations in which the state investigation is intended to shield those most responsible from criminal prosecution. An investigation by the Israeli Comptroller won't cut it. The Comptroller has no power to initiate prosecutions; he can only make recommendations to the Knesset, the Israeli parliament, He has no power to initiate criminal prosectuions. This announcement is pure and false propaganda, 
Paul Merrell

Obama May Find It Impossible to Mend Frayed Ties to Netanyahu - NYTimes.com - 0 views

  • But now that Mr. Netanyahu has won after aggressively campaigning against a Palestinian state and Mr. Obama’s potential nuclear deal with Iran, the question is whether the president and prime minister can ever repair their relationship — and whether Mr. Obama will even try.On Wednesday, part of the answer seemed to be that the president would not make the effort. Continue reading the main story Related Coverage Win in Israel Sets Netanyahu on Path to Rebuild and Redefine GovernmentMARCH 18, 2015 Palestinian Leaders See Validation of Their Statehood EffortMARCH 18, 2015 Netanyahu Soundly Defeats Chief Rival in Israeli ElectionsMARCH 17, 2015 News Analysis: Deep Wounds and Lingering Questions After Israel’s Bitter RaceMARCH 17, 2015 In strikingly strong criticism, the White House called Mr. Netanyahu’s campaign rhetoric, in which he railed against Israeli Arabs because they went out to vote, an attempt to “marginalize Arab-Israeli citizens” and inconsistent with the values that bind Israel and the United States. The White House press secretary, Josh Earnest, told reporters traveling with Mr. Obama on Air Force One on Wednesday that Mr. Netanyahu’s statement was “deeply concerning and it is divisive and I can tell you that these are views the administration intends to communicate directly to the Israelis.”
  • And with Mr. Netanyahu’s last-minute turnaround against a Palestinian state alongside Israel, several administration officials said that the Obama administration may now agree to passage of a United Nations Security Council resolution embodying principles of a two-state solution that would be based on the pre-1967 lines between Israel and the West Bank and Gaza Strip and mutually agreed swaps.Most foreign policy experts say that Israel would have to cede territory to the Palestinians in exchange for holding on to major Jewish settlement blocks in the West Bank.
  • Such a Security Council resolution would be anathema to Mr. Netanyahu. Although the principles are United States policy, until now officials would never have endorsed them in the United Nations because the action would have been seen as too antagonistic to Israel.Continue reading the main story “The premise of our position internationally has been to support direct negotiations between the Israelis and the Palestinians,” a senior White House official said. “We are now in a reality where the Israeli government no longer supports direct negotiations. Therefore we clearly have to factor that into our decisions going forward.”
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  • Administration officials said that although the relationship between Israel and the United States would remain strong, it would not be managed by Mr. Obama and Mr. Netanyahu. Instead it would be left to Secretary of State John Kerry, one of Mr. Netanyahu’s only remaining friends in the administration, and to Pentagon officials who handle the close military alliance with Israel. “The president is a pretty pragmatic person and if he felt it would be useful, he will certainly engage,” said a senior administration official, who asked not to be identified while discussing Mr. Obama’s opinions of Mr. Netanyahu. “But he’s not going to waste his time.”
  • Another source of administration anger is Ron Dermer, Israel’s ambassador to Washington and an American-born former Republican political operative. Some administration officials said that it would improve the atmosphere if Mr. Dermer stepped down — he helped orchestrate an invitation from Speaker John A. Boehner to have Mr. Netanyahu address Congress without first consulting the White House — but it would not change the underlying divisions over policy.
  • Despite the fractured relationship between Mr. Obama and Mr. Netanyahu, Israel, which has received more American aid since the end of World War II than any other country, will continue to get more than $3 billion annually in mostly military funding. In addition, the United States military will continue to work closely with the Israel Defense Forces to maintain Israel’s military edge against its regional adversaries.Foreign policy experts said that the United States would for the most part continue to side with Israel internationally, even as a growing number of European allies seek to pressure Israel to stop settlement expansion in the West Bank and to recognize Palestinian statehood.
  • But Daniel Levy, a former Israeli peace negotiator who is now the head of the Middle East and North Africa program at the European Council on Foreign Relations, warned that the administration’s patience was growing thin. “What the Obama administration is saying is that, ‘Yes, we’re still committed to you,’ ” Mr. Levy said. “But if you don’t give us something to work with, we can’t continue to carry the rest of the world for you.”Mr. Netanyahu’s objections to a nuclear deal with Iran, and his decision to firmly ally himself with Mr. Obama’s Republican opponents in expressing his ire over the Iran talks, may well have hardened the president’s decision to push for an agreement, one Obama adviser said Wednesday. At the very least, Mr. Netanyahu’s opposition has done nothing to steer Mr. Obama away from his preferred course of reining in Iran’s nuclear ambitions through an international agreement that would sharply limit Tehran’s ability to produce nuclear fuel for at least 10 years, in exchange for a gradual easing of economic sanctions. Mr. Kerry and Mohammad Javad Zarif, the Iranian foreign minister, are continuing talks in Lausanne, Switzerland, this week with the goal of reaching an agreement by the end of the month.
  • “We do think we’re going to get something,” one senior administration official said. He noted, pointedly, “We are backed by the P-5 plus 1” — using the diplomatic moniker for Britain, France, Russia, China and Germany, and the United States. Mr. Netanyahu, the official added, should “look carefully” at his own anti-deal coalition, which, besides congressional Republicans, consists mostly of the Sunni Arab states that all detest Israel but lately have come to fear a rising Iran more.
  • Although Mr. Netanyahu is certain to be a major critic of any Iran agreement and to push Republicans in Congress to oppose it, Aaron David Miller, a former State Department official who is now a vice president at the Woodrow Wilson International Center for Scholars, said that in the end the Israeli leader would not get his way. “You will have an Iran deal,” Mr. Miller said. ”The Israelis will not like it. But in the end, Israel will not be able to block it.”That is in part because the administration expects lawmakers will be reluctant to reject a deal for fear that they would be held responsible for what could happen after — either a nuclear-armed Iran or war with Iran.
  • After Iran, administration officials said the next major confrontation with Mr. Netanyahu would most likely be over continued Israeli settlement building in the West Bank. The Palestinians plan to file a case in the International Criminal Court in April contending that the settlements are a continuing war crime.Martin S. Indyk, Mr. Obama’s former special envoy on recent negotiations between the Israelis and the Palestinians and now the executive vice president of the Brookings Institution, said that although the United States would always be a strong supporter of Israel, Mr. Netanyahu was in dangerous terrain. “Israel does not need to be, and should not aspire to be, a nation that dwells alone,” Mr. Indyk said.
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    Haven't made my way back to it yet, but Obama called Netanyahu to congratulate him on reelection, but gave him some marching orders, then the White House leaked enough to make it clear that the tail is no longer wagging the dog.  Coupled with this NY Times piece yesterday, Netanyahu undoubtedly got the message. He did a 180 degree about face today.
Paul Merrell

U.S. Embedded Spyware Overseas, Report Claims - NYTimes.com - 0 views

  • The United States has found a way to permanently embed surveillance and sabotage tools in computers and networks it has targeted in Iran, Russia, Pakistan, China, Afghanistan and other countries closely watched by American intelligence agencies, according to a Russian cybersecurity firm.In a presentation of its findings at a conference in Mexico on Monday, Kaspersky Lab, the Russian firm, said that the implants had been placed by what it called the “Equation Group,” which appears to be a veiled reference to the National Security Agency and its military counterpart, United States Cyber Command.
  • It linked the techniques to those used in Stuxnet, the computer worm that disabled about 1,000 centrifuges in Iran’s nuclear enrichment program. It was later revealed that Stuxnet was part of a program code-named Olympic Games and run jointly by Israel and the United States.Kaspersky’s report said that Olympic Games had similarities to a much broader effort to infect computers well beyond those in Iran. It detected particularly high infection rates in computers in Iran, Pakistan and Russia, three countries whose nuclear programs the United States routinely monitors.
  • Some of the implants burrow so deep into the computer systems, Kaspersky said, that they infect the “firmware,” the embedded software that preps the computer’s hardware before the operating system starts. It is beyond the reach of existing antivirus products and most security controls, Kaspersky reported, making it virtually impossible to wipe out.
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  • In many cases, it also allows the American intelligence agencies to grab the encryption keys off a machine, unnoticed, and unlock scrambled contents. Moreover, many of the tools are designed to run on computers that are disconnected from the Internet, which was the case in the computers controlling Iran’s nuclear enrichment plants.
Paul Merrell

Book Reveals Wider Net of U.S. Spying on Envoys - NYTimes.com - 0 views

  • In May 2010, when the United Nations Security Council was weighing sanctions against Iran over its nuclear program, several members were undecided about how they would vote. The American ambassador to the United Nations, Susan E. Rice, asked the National Security Agency for help “so that she could develop a strategy,” a leaked agency document shows.The N.S.A. swiftly went to work, developing the paperwork to obtain legal approval for spying on diplomats from four Security Council members — Bosnia, Gabon, Nigeria and Uganda — whose embassies and missions were not already under surveillance. The following month, 12 members of the 15-seat Security Council voted to approve new sanctions, with Lebanon abstaining and only Brazil and Turkey voting against. Continue reading the main story Related Coverage Books of The Times: ‘No Place to Hide,’ by Glenn GreenwaldMAY 12, 2014 Later that summer, Ms. Rice thanked the agency, saying its intelligence had helped her to know when diplomats from the other permanent representatives — China, England, France and Russia — “were telling the truth ... revealed their real position on sanctions ... gave us an upper hand in negotiations ... and provided information on various countries ‘red lines.’ ”
  • The two documents laying out that episode, both leaked by the former N.S.A. contractor Edward J. Snowden, are reproduced in a new book by Glenn Greenwald, “No Place to Hide: Edward Snowden, the N.S.A., and the U.S. Surveillance State.” The book is being published Tuesday.
Paul Merrell

The Handover - An FP Slideshow | Foreign Policy - 0 views

  • Tuesday marked a milestone for the 12-year-old war in Afghanistan, with NATO forces officially handing over responsibility for the country's security to Afghan government forces. Since 2010, when President Barack Obama accelerated training as part of his rapid surge of forces into the country, the Afghan National Army has grown from around 100,000 members to 195,000. But it still faces a number of challenges, including a desertion rate so high that it needs 50,000 new recruits every year to replace those who leave). In December 2012, a Pentagon report determined that only one of the Afghan military's 23 brigades was able to operate effectively without NATO support. Now, Afghan troops will have to do just that; except in rare cases, they will no longer be able to rely on the support of U.S. warplanes, medical evacuation helicopters, or ground troops.
  • Tuesday marked a milestone for the 12-year-old war in Afghanistan, with NATO forces officially handing over responsibility for the country's security to Afghan government forces. Since 2010, when President Barack Obama accelerated training as part of his rapid surge of forces into the country, the Afghan National Army has grown from around 100,000 members to 195,000. But it still faces a number of challenges, including a desertion rate so high that it needs 50,000 new recruits every year to replace those who leave). In December 2012, a Pentagon report determined that only one of the Afghan military's 23 brigades was able to operate effectively without NATO support. Now, Afghan troops will have to do just that; except in rare cases, they will no longer be able to rely on the support of U.S. warplanes, medical evacuation helicopters, or ground troops. Here's a look back at the long preparation for this week's big handover. An Afghan National Army soldier assigned to the Mobile Strike Force Kandak fires an RPG-7 rocket-propelled grenade launcher during a live-fire exercise supervised by Marines Team on Camp Shorabak, Helmand province, Afghanistan on May 20, 2013.
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    Here in one paragraph are a lot of the reasons two of Obama's claims about U.S. plans in Afghanistan cannot both be true: [i] all U.S. -and NATO combat troops will be withdrawn from Afghanistan by the end of 2014; and [ii] a fairly large contingent of U.S. non-combat troops will remain on U.S. bases in Afghanistan to advise, train, and support the Karzai government's defense forces.  1. The "surge" didn't work even though Obama sent more troops than the military had requested. Even at the peak of U.S. forces in that country, the U.S. military had been beaten back into enclaves by the Taliban. Nonetheless, Obama has  continued to draw down U.S. forces there. NATO allies have been pulling up their tent pegs too. 2. The Afghan government forces are utterly incapable of holding out against the Taliban without strong NATO backing that Obama says is ending. 3. Therefore, a small non-combatant U.S. force left behind after 2014 would be virtually defenseless if left behind. There seems to be no question that U.S. involvement in Afghanistan is winding down steadily. And Obama isn't dumb enough to have a few thousand U.S. troops stay behind to be slaughtered. So his "stay behind" claims are a bluff. The Taliban can read those tea leaves at least as well as I can. This is Vietnam War Redux, also a repeat of the Soviet retreat from Afghanistan. Obama has no credible stick to wield in negotiations with the Taliban. Therefore, the negotiations are either a sham or Obama has to offer the Taliban a carrot of suitable size. The Taliban has no incentive to participate in a sham; they've won their war and the U.S. departure is imminent. Therefore, we need consider what carrot Obama might offer the Taliban. A better royalty agreement on the sidetracked Trans-Afghanistan Pipeline that would supply India with natural gas? .  That doesn't seem enough.  But a consortium of western investors willing to pay royalties t
Paul Merrell

Palestinians Seen Gaining Momentum in Quest for Statehood - NYTimes.com - 0 views

  • When the Palestinians sought statehood at the United Nations in 2011, it was widely dismissed as a symbolic gambit to skirt negotiations with Israel and Washington’s influence over the long-running conflict. But the Palestinians have begun to translate a series of such symbolic steps, culminating in last week’s move to join the International Criminal Court, into a strategy that has begun to create pressure on Israel.While many prominent Israelis have called for unilateral action to set the country’s borders, it is Palestinians who have gained political momentum with moves made outside of negotiations. The Palestinians are, in effect, establishing a legal state. International recognition, by 135 countries and counting, is what Palestinians are betting could eventually force changes on the ground — without their leaders having to make the concessions or assurances they have long avoided.
  • President Abbas, having joined the International Criminal Court after months of rebuffing internal pressure to do so, now faces calls from a frustrated public to go further, by halting security coordination with Israel or dissolving the Palestinian Authority. While both steps would be problematic for the Palestinians as well as the Israelis, Palestinian leaders see it as a way to further squeeze Israel. Without the authority, Israel would have to provide services and maintain order across the West Bank without Palestinian security forces, which would likely be both costly and chaotic, and could intensify international frustration with Israel’s occupation.“I’m a little surprised with the negative American reaction because Palestinians either pursue peaceful legal approaches or pursue violent illegal approaches,” said Ghassan Khatib, vice president of Birzeit University in the West Bank. “But if all the doors are closed, and if the Israelis and the Americans will stop funding, then the P.A. will collapse, and that will play to the hands of the extreme elements in Palestinian society, including Hamas.”
  • President Mahmoud Abbas of the Palestinian Authority seems undeterred and increasingly indifferent to American diplomacy. He vowed Sunday to resubmit a Security Council resolution that failed last week “again and again” and to “join 100, 200, 300” international organizations, despite the risk that Israeli and American sanctions could lead to his government’s collapse.
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  • “Those states that have recognized the State of Palestine, that’s not an insignificant number, they’ve reached a kind of critical mark,” said Mark Ellis, director of the London-based International Bar Association. “We’ve added an additional complexity to this very long 66-year-old journey. I think it’s intriguing.”
  • In some ways, the dual Palestinian tracks seem contradictory — how could they continue to make the case for statehood if they collapse the provisional authority the Oslo Accords created two decades ago for state-building? But it is the Palestine Liberation Organization, not the Palestinian Authority, that represents Palestinians on the world stage. Mr. Ellis, the international-law expert, said that Palestine met the criteria for statehood — permanent population, defined territory, government, and recognition by other states — and that those would not be nullified if the authority disappeared and chaos ensued on the ground. Mustafa Barghouti, one of many Palestinian leaders pressing Mr. Abbas to collapse the authority, envisions “a government in exile” for a “state under occupation.”
  • “This would mean liberating the Palestinian movement from all these restrictions and obligations by Israel — it’s like declaring civil disobedience,” Mr. Barghouti said. “In a way, it’s the end of the Oslo era. For me, it was the end many years ago. For Abbas, it was the end only this week.”
Paul Merrell

U.S. Tries to Calm Latest Israeli and Palestinian Strife - NYTimes.com - 0 views

  • Calling the status quo “unsustainable for both parties and for the region,” Secretary of State John Kerry said here on Tuesday that the United States was working “to lower the temperature” between Israelis and Palestinians, amid Palestinian and European efforts for United Nations Security Council resolutions that would pressure Israel on the timing and shape of peace talks.Mr. Kerry said Washington was keeping its options open and had made “no determinations” about any resolutions on the Middle East. He spoke in a brief news conference after three days of talks with European foreign ministers and the Israeli prime minister, Benjamin Netanyahu, who is in the midst of an election campaign until mid-March.With the Palestinians pushing a draft resolution through the Jordanians, and the Europeans, led by the French, drafting another, softer resolution, Mr. Kerry said the United States was exploring where there might be common ground.
  • The Palestinians said Sunday that they would press for a Security Council vote on Wednesday on a resolution, proposed through Jordan, that calls for a complete Israeli withdrawal from occupied land within two years. But since then, the Palestinians have been vague about timing and may simply be pushing for a European resolution closer to the Palestinian position.Earlier Tuesday, the French foreign minister, Laurent Fabius, met in Paris with the Arab League delegation and the former Israeli president Shimon Peres to discuss a European draft resolution, which is still being negotiated but calls for a rapid resumption of peace talks, with a two-year deadline for a settlement and “parameters for negotiations.” Mr. Fabius said that “it’s high time” for peace talks to resume and that France was seeking “a resolution that everyone can get behind.”The world should wait for the Israeli elections, Mr. Peres said. “There is a need and time for a Palestinian state,” he said. “I think it would be better to reach it through an agreement rather than through an imposition.”Washington prefers to wait until the elections are over and rejects any deadlines; Israel is pressing the United States to veto any Security Council action that limits negotiations.
  • But speaking to reporters on Tuesday night at a Palestine Liberation Organization dinner in Beit Jala, in the West Bank, Mohammed Shtayyeh, a senior Palestinian leader and former negotiator, dismissed the notion of waiting until after the elections. “We are a bit concerned that certain parties are really intending to try to waste time,” he said.Mr. Shtayyeh added that the Palestinians and Jordanians were also working with the French to try to come up with a common resolution, though significant differences remain.
Paul Merrell

Donald Trump Likely to End Aid for Rebels Fighting Syrian Government - The New York Times - 0 views

  • President-elect Donald J. Trump said Friday that he was likely to abandon the American effort to support “moderate” opposition groups in Syria who are battling the government of President Bashar al-Assad, saying “we have no idea who these people are.”In an interview with The Wall Street Journal that dealt largely with economic issues, including his willingness to retain parts of the Affordable Care Act, he repeated a position he took often during his campaign: that the United States should focus on defeating the Islamic State, and find common ground with the Syrians and their Russian backers.“I’ve had an opposite view of many people regarding Syria,” Mr. Trump told The Journal. “My attitude was you’re fighting Syria, Syria is fighting ISIS, and you have to get rid of ISIS. Russia is now totally aligned with Syria, and now you have Iran, which is becoming powerful, because of us, is aligned with Syria.”His comments suggest that once Mr. Trump begins overseeing both the public support for the opposition groups, and a far larger covert effort run by the Central Intelligence Agency, he may wind down or abandon the effort. But there are in fact two wars going on simultaneously in Syria.
  • One is against the Islamic State, in which the United States is supporting 30,000 Syrian-Kurdish and Syrian-Arab fighters, who last weekend announced they were opening a new phase of the battle, beginning to encircle the ISIS capital in Raqqa. There are roughly 300 United States Special Operations forces on the ground assisting these militia. Advertisement Continue reading the main story The second effort is in support of rebels fighting Mr. Assad. The C.I.A. covert program is by far the largest conduit of support, providing antitank missiles to rebels fighting the government. That is the program that Mr. Trump seems most intent on ending. If the United States pursues that line, “We end up fighting Russia, fighting Syria,” Mr. Trump told The Journal.The argument for ending the support may be bolstered by the fact that, as a matter of survival, those opposition groups have entered into battlefield alliances with the affiliate of Al Qaeda in Syria, formerly known as Al Nusra. This has had the effect of allowing Mr. Assad and Russia to argue that they are attacking Al Qaeda, and the United States should aid them in that effort. Secretary of State John Kerry acknowledged that argument during his ultimately failed effort to reach a deal for a cease-fire and an ultimate settlement.Mr. Trump’s the-enemy-of-my-enemy-is-my-friend logic is consistent with what he said during the campaign. “I’m not saying Assad is a good man, ‘cause he’s not,” he told The New York Times in an interview in March, “but our far greater problem is not Assad, it’s ISIS.”
  • But it also takes a position that will gratify President Vladimir V. Putin, because it suggests that rather than pressure Russia to end its support of Mr. Assad, a Trump administration will get out of Mr. Putin’s way.
Paul Merrell

F.B.I. Informant Is Tied to Cyberattacks Abroad - NYTimes.com - 0 views

  • An informant working for the F.B.I. coordinated a 2012 campaign of hundreds of cyberattacks on foreign websites, including some operated by the governments of Iran, Syria, Brazil and Pakistan, according to documents and interviews with people involved in the attacks.Exploiting a vulnerability in a popular web hosting software, the informant directed at least one hacker to extract vast amounts of data — from bank records to login information — from the government servers of a number of countries and upload it to a server monitored by the F.B.I., according to court statements.
  • The attacks were coordinated by Hector Xavier Monsegur, who used the Internet alias Sabu and became a prominent hacker within Anonymous for a string of attacks on high-profile targets, including PayPal and MasterCard. By early 2012, Mr. Monsegur of New York had been arrested by the F.B.I. and had already spent months working to help the bureau identify other members of Anonymous, according to previously disclosed court papers.One of them was Jeremy Hammond, then 27, who, like Mr. Monsegur, had joined a splinter hacking group from Anonymous called Antisec. The two men had worked together in December 2011 to sabotage the computer servers of Stratfor Global Intelligence, a private intelligence firm based in Austin, Tex.
  • Shortly after the Stratfor incident, Mr. Monsegur, 30, began supplying Mr. Hammond with lists of foreign websites that might be vulnerable to sabotage, according to Mr. Hammond, in an interview, and chat logs between the two men. The New York Times petitioned the court last year to have those documents unredacted, and they were submitted to the court last week with some of the redactions removed.Continue reading the main story “After Stratfor, it was pretty much out of control in terms of targets we had access to,” Mr. Hammond said during an interview this month at a federal prison in Kentucky, where he is serving a 10-year sentence after pleading guilty to the Stratfor operation and other computer attacks inside the United States. He has not been charged with any crimes in connection with the hacks against foreign countries.
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  • according to an uncensored version of a court statement by Mr. Hammond, leaked online the day of his sentencing in November, the target list was extensive and included more than 2,000 Internet domains. The document said Mr. Monsegur had directed Mr. Hammond to hack government websites in Iran, Nigeria, Pakistan, Turkey and Brazil and other government sites, like those of the Polish Embassy in Britain and the Ministry of Electricity in Iraq.
  • The hacking campaign appears to offer further evidence that the American government has exploited major flaws in Internet security — so-called zero-day vulnerabilities like the recent Heartbleed bug — for intelligence purposes. Recently, the Obama administration decided it would be more forthcoming in revealing the flaws to industry, rather than stockpiling them until the day they are useful for surveillance or cyberattacks. But it carved a broad exception for national security and law enforcement operations.
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    Has no one in government ever heard of the concept of leadership by example? Or the Golden Rule?
Paul Merrell

5 Big Banks Expected to Plead Guilty to Felony Charges, but Punishments May Be Tempered... - 0 views

  • The Justice Department is preparing to announce that Barclays, JPMorgan Chase, Citigroup and the Royal Bank of Scotland will collectively pay several billion dollars and plead guilty to criminal antitrust violations for rigging the price of foreign currencies, according to people briefed on the matter who spoke on the condition of anonymity. Most if not all of the pleas are expected to come from the banks’ holding companies, the people said — a first for Wall Street giants that until now have had only subsidiaries or their biggest banking units plead guilty.
  • The Justice Department is also preparing to resolve accusations of foreign currency misconduct at UBS. As part of that deal, prosecutors are taking the rare step of tearing up a 2012 nonprosecution agreement with the bank over the manipulation of benchmark interest rates, the people said, citing the bank’s foreign currency misconduct as a violation of the earlier agreement. UBS A.G., the banking unit that signed the 2012 nonprosecution agreement, is expected to plead guilty to the earlier charges and pay a fine that could be as high as $500 million rather than go to trial, the people said.
  • Holding companies, while appearing to be the most important entities at the banks, are in less jeopardy of suffering the consequences of guilty pleas. Some banks worried that a guilty plea by their biggest banking units, which hold licenses that enable them to operate branches and make loans, would be riskier, two of the people briefed on the matter said. The fear, they said, centered on whether state or federal regulators might revoke those licenses in response to the pleas. Advertisement Continue reading the main story Behind the scenes in Washington, the banks’ lawyers are also seeking assurances from federal regulators — including the Securities and Exchange Commission and the Labor Department — that the banks will not be barred from certain business practices after the guilty pleas, the people said. While the S.E.C.’s five commissioners have not yet voted on the requests for waivers, which would allow the banks to conduct business as usual despite being felons, the people briefed on the matter expected a majority of commissioners to grant them.In reality, those accommodations render the plea deals, at least in part, an exercise in stagecraft. And while banks might prefer a deferred-prosecution agreement that suspends charges in exchange for fines and other concessions — or a nonprosecution deal like the one that UBS is on the verge of losing — the reputational blow of being a felon does not spell disaster.
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  • The foreign exchange investigation, which centers on accusations that traders colluded to fix the price of major currencies, will test the Justice Department’s strategy for securing guilty pleas on Wall Street.
  • In the case of UBS, the bank will lose its nonprosecution agreement over interest rate manipulation, the people briefed on the matter said, a consequence of its misconduct in the foreign exchange case. It is unclear why that penalty will fall on UBS, but not on other banks suspected of manipulating both interest rates and currency prices.
  • the bank is expected to avoid pleading guilty in the foreign exchange case, the people said, though it will probably pay a fine. While UBS was unlikely to plead guilty to antitrust violations because it was the first to cooperate in the foreign exchange investigation, the bank was facing the possibility of pleading guilty to fraud charges related to the currency manipulation. The exact punishment is not yet final, the people added.The Justice Department negotiations coincide with the banks’ separate efforts to persuade the S.E.C. to issue waivers from automatic bans that occur when a company pleads guilty. If the waivers are not granted, a decision that the Justice Department does not control, the banks could face significant consequences.For example, some banks may be seeking waivers to a ban on overseeing mutual funds, one of the people said. They are also requesting waivers to ensure they do not lose their special status as “well-known seasoned issuers,” which allows them to fast-track securities offerings. For some of the banks, there is also a concern that they will lose their “safe harbor” status for making forward-looking statements in securities documents.
  • In turn, the S.E.C. asked the Justice Department to hold off on announcing the currency cases until the banks’ requests had been reviewed, one of the people said. As of Wednesday, it seemed probable that a majority of the S.E.C.’s commissioners would approve most of the waivers, which can be granted for a cause like the public good. Still, the agency’s two Democratic commissioners — Kara M. Stein and Luis A. Aguilar, who have denounced the S.E.C.’s use of waivers — might be more likely to balk.
  • Corporate prosecutions are a delicate matter, peppered with political and legal land mines. Senator Elizabeth Warren, Democrat of Massachusetts, and other liberal politicians have criticized prosecutors for treating Wall Street with kid gloves. Banks and their lawyers, however, complain about huge penalties and guilty pleas. Continue reading the main story Recent Comments AvangionQ 14 hours ago These are the sorts of crimes that take down nations, jail sentences should be mandatory. Lance Haley 14 hours ago I find this whole legal exercise not only irrational, but insulting. I am a criminal defense attorney. Punishing the shareholders and the... loomypop 14 hours ago There is much more than Irony in the reality of how America treats criminal action and punishment when the entire determination and outcome... See All Comments And lingering in the background is the case of Arthur Andersen, an accounting giant that imploded after being convicted in 2002 of criminal charges related to its work for Enron. After the firm’s collapse, and the later reversal of its conviction, prosecutors began to shift from indictments and guilty pleas to deferred-prosecution agreements. And in 2008, the Justice Department updated guidelines for prosecuting corporations, which have long included a requirement that prosecutors weigh collateral consequences like harm to shareholders and innocent employees.
  • “The collateral consequences consideration is designed to address the risk that a particular criminal charge might inflict disproportionate harm to shareholders, pension holders and employees who are not even alleged to be culpable or to have profited potentially from wrongdoing,” said Mark Filip, the Justice Department official who wrote the 2008 memo. “Arthur Andersen was ultimately never convicted of anything, but the mere act of indicting it destroyed one of the cornerstones of the Midwest’s economy.”
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    In related news, the Dept. of Justice announced that it would begin using its "collateral consequences" analysis to decisions whether to charge human beings with crimes, taking into account the hardships imposed on innocent family members and other dependents if a person were sentenced to prison.  No? Sounds like corporations have more rights than human beings, yes?
Paul Merrell

Early Memo Urged Moscow to Annex Crimea, Report Says - NYTimes.com - 0 views

  • A memo drafted in the weeks leading up to the collapse of the Ukrainian government last year recommended that Russia take advantage of the chaos next door to annex Crimea and a large portion of southeastern Ukraine, a Russian newspaper reported on Wednesday, printing what it said was a document that had been presented to the presidential administration.Russia has long contended that it acted spontaneously to reclaim Crimea, mainly to protect Russian speakers who it said were threatened, and to stave off what it suspected was an attempt by NATO to colonize the Black Sea region.
  • The report in Novaya Gazeta, one of the few often-critical voices still published in Russia, said that before the Ukrainian government collapsed on Feb. 21, 2014, the memo had already advised the Kremlin to adopt the policy it has since largely pursued in Ukraine.
  • The memo appears to have been drafted under the auspices of a conservative oligarch, Konstantin V. Malofeev, the report said. The memo laid out what it called the inevitable disintegration of Ukraine and suggested a series of logistical steps through which Russia could exploit the situation for its own good — steps not far from what actually occurred, though Russia has not annexed any territory in eastern Ukraine.
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  • Sometime between Feb. 4 and Feb. 12 — while Russia was still voicing staunch support for its ally in Kiev, President Viktor F. Yanukovych — the memo predicted Mr. Yanukovych’s overthrow and suggested that Russia use the European Union’s own rules on self-determination to pry away Crimea and a significant chunk of eastern Ukraine.Dmitry S. Peskov, the Kremlin spokesman, dismissed the memo as a hoax. “I don’t know whether this document exists at all,” he said. “I don’t know who might be the author, but for sure, the document has nothing to do with the Kremlin.”The authenticity of the document could not be independently verified. The newspaper did not publish any pictures of the memo or provide any proof that the policy described in it had actually been adopted.
  • Novaya Gazeta identified Mr. Malofeev as the mastermind behind the document, though it also quoted his communications team as denying any involvement by him.
Paul Merrell

Iran Is Invited to Join U.S., Russia and Europe for Talks on Syria's Future - The New Y... - 0 views

  • Iran has been invited to join talks in Vienna this week with Russia, the United States and European nations on whether a political resolution is possible in the Syrian civil war. If Iran accepts, it will be the first time Secretary of State John Kerry will enter formal negotiations with Tehran on issues beyond the nuclear accord reached in July. Russia has been pressing to include Iran, the only other major power giving military support to President Bashar al-Assad in his effort to remain in power. Senior American officials have begun to acknowledge in recent weeks that no serious discussion of a possible political succession plan in Syria can happen without Tehran’s involvement.But the American denunciation of Iran’s activities in Syria, including its support for Mr. Assad’s forces and for terror groups like Hezbollah, has always prevented the United States from including Iran in formal talks about the Syrian crisis. Continue reading the main story Related Coverage Turkey Confirms Strikes Against Kurdish Militias in SyriaOCT. 27, 2015 U.N. Rights Investigator Highly Critical of IranOCT. 27, 2015 Assad Makes Unannounced Trip to Moscow to Discuss Syria With PutinOCT. 21, 2015 The State Department spokesman, John Kirby, buried that policy at a briefing on Tuesday, before it was announced that Mr. Kerry would attend the meeting on Syria in Vienna on Thursday and Friday. “We anticipate that Iran will be invited to attend this upcoming meeting,” Mr. Kirby said.
  • Mr. Kirby added that the United States still opposed what he termed Iran’s “destabilizing activities” in Syria. But he said that the United States “recognized that at some point in the discussion, moving toward a political transition, we have to have a conversation and a dialogue with Iran.”The change is another example of how Russia’s military entry into the Syrian war has changed the power dynamic of the sporadic negotiations. For a long while the United States argued that Mr. Assad must go — as President Obama declared four years ago at the White House — before negotiations on a successor could begin. That position was altered recently to say that a political solution could be sought as long as it included an eventual transition of power, perhaps to another Alawite-dominated government.But the latest shift is a recognition that Russia and Iran may well be the two biggest voices in who succeeds Mr. Assad — if any political transition can be engineered — and that to leave the Iranians out of the conversation was “simply ignoring reality,” one senior American diplomat said.
Paul Merrell

Obama Turns to Diplomacy and Military in Syria, and Is Met With Doubts - The New York T... - 0 views

  • For the first time in the four-year Syrian civil war, President Obama is beginning to execute a combined diplomatic and military approach to force President Bashar al-Assad to leave office and end the carnage. As 50 Special Operations troops arrive in Syria to bolster the most effective opposition groups, the administration is gambling that Secretary of State John Kerry will have more leverage to push Russia, Iran and other players toward two objectives: a cease-fire to limit the cycle of killing and the establishment of a timeline for a transition of power.But the task is enormous, given the number of nations and rebel groups operating at cross-purposes and the tiny size of the American force. Even senior members of the administration express doubts in private about whether the effort is sufficient.
  • Mr. Kerry will travel to Vienna this weekend, summoning many of Syria’s neighbors and European powers to turn a vague declaration of principles, settled on two weeks ago, into a plan for a political agreement. The talks, at least so far, have not included representatives of Mr. Assad’s government or the fractured rebel groups seeking to depose him, and Mr. Kerry is struggling to bring them to the negotiating room.But after years in which the Obama administration has been accused of largely sitting on the sidelines while a quarter-million Syrians died and millions more were displaced, Mr. Kerry seems buoyed by being at the center of the only diplomatic effort underway.
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    Here's my peace plan for Syria: The U.S. withdraws all forces and support for the Syrian opposition concurrently with threatening Turkey, Saudi Arabia, and Qatar with invasion if they do not promptly withdraw all support for the mercenaries fighting the elected government in Syria. 
Paul Merrell

Classified Report on the C.I.A.'s Secret Prisons Is Caught in Limbo - The New York Times - 0 views

  • A Senate security officer stepped out of the December chill last year and delivered envelopes marked “Top Secret” to the Pentagon, the C.I.A., the State Department and the Justice Department. Inside each packet was a disc containing a 6,700-page classified report on the C.I.A.’s secret prison program and a letter from Senator Dianne Feinstein, urging officials to read the report to ensure that the lessons were not lost to time. Today, those discs sit untouched in vaults across Washington, still in their original envelopes. The F.B.I. has not retrieved a copy held for it in the Justice Department’s safe. State Department officials, who locked up their copy and marked it “Congressional Record — Do Not Open, Do Not Access” as soon as it arrived, have not read it either. Continue reading the main story Related Coverage document The Senate Committee’s Report on the C.I.A.’s Use of TortureDEC. 9, 2014 Panel Faults C.I.A. Over Brutality and Deceit in Terrorism InterrogationsDEC. 9, 2014 Senate Votes to Turn Presidential Ban on Torture Into LawJUNE 16, 2015 Outside Psychologists Shielded U.S. Torture Program, Report FindsJULY 10, 2015 Nearly a year after the Senate released a declassified 500-page summary of the report, the fate of the entire document remains in limbo, the subject of battles in the courts and in Congress. Until those disputes are resolved, the Justice Department has prohibited officials from the government agencies that possess it from even opening the report, effectively keeping the people in charge of America’s counterterrorism future from reading about its past. There is also the possibility that the documents could remain locked in a Senate vault for good.
  • In a letter to Attorney General Loretta E. Lynch last week, Ms. Feinstein, a California Democrat, said the Justice Department was preventing the government from “learning from the mistakes of the past to ensure that they are not repeated.”Although Ms. Feinstein is eager to see the document circulated, the Senate is now under Republican control. Her successor as head of the Intelligence Committee, Senator Richard M. Burr of North Carolina, has demanded that the Obama administration return every copy of the report. Mr. Burr has declared the report to be nothing more than “a footnote in history.”It was always clear that the full report would remain shielded from public view for years, if not decades. But Mr. Burr’s demand, which means that even officials with top security clearances might never read it, has reminded some officials of the final scene of “Raiders of the Lost Ark,” when the Ark of the Covenant is put into a wooden crate alongside thousands of others in a government warehouse of secrets.
  • The full report is not expected to offer evidence of previously undisclosed interrogation techniques, but the interrogation sessions are said to be described in great detail. The report explains the origins of the program and names the officials involved. The full report also offers details on the role of each agency in the secret prison program.The Justice Department, which played a central role in approving the interrogation methods, has even prohibited its own officials from reading the full report.“The Department of Justice was among those parts of the executive branch that were misled about the program, and D.O.J. officials’ understanding of this history is critical to its institutional role going forward,” Ms. Feinstein wrote to the Justice Department last week in a letter she signed with Senator Patrick J. Leahy of Vermont, the top Democrat on the Judiciary Committee.In court, Justice Department lawyers have agreed with Mr. Burr’s contention that the document belongs to Congress. As evidence, they point to an agreement between the C.I.A. and the Senate as the Intelligence Committee began its lengthy investigation. The Senate was under Democratic control at the time.
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  • The American Civil Liberties Union has sued the C.I.A. for access to the document, and at this point the case hinges on who owns it. Senate documents are exempt from public records laws, but executive branch records are not. In May, a federal judge ruled that even though Ms. Feinstein distributed the report to the executive branch, the document still belongs to Congress. That decision is under appeal, with court papers due this month.Justice Department officials defend their stance, saying that handling the document at all could influence the outcome of the lawsuit. They said that a State Department official who opened the report, read it and summarized it could lead a judge to determine that the document was an executive branch record, altering the lawsuit’s outcome. The Justice Department has also promised not to return the records to Mr. Burr until a judge settles the matter.“It’s quite bizarre, and I cannot think of a precedent,” said Steven Aftergood, the director of the Project on Government Secrecy at the Federation of American Scientists. He said there are any number of classified Senate documents that are shared with intelligence agencies and remain as congressional records, even if they are read by members of the executive branch.
  • The agreement says that any “documents, draft and final recommendations, reports or other materials” generated during the investigation are congressional documents. “As such these records are not C.I.A. records under the Freedom of Information Act,” the agreement says.The A.C.L.U. argues that agreement was void once Ms. Feinstein sent the report to the government agencies. Because she clearly intended the executive branch to use the report, the A.C.L.U. contends, the committee gave up control of the document.If Mr. Burr were to succeed in getting copies of the report returned to the Intelligence Committee, Mr. Aftergood said, he could slowly make it irrelevant.“The longer that it’s buried, the less relevant it becomes,” he said.
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    If it is ultimately found that the report is an Executive Branch record, then the FOIA requires disclosure of all "segregable portions" that are not properly classified.  
Paul Merrell

After 30 Years in Prison, Jonathan Pollard to Be Freed - but Not to Israel - The New Yo... - 0 views

  • Jonathan J. Pollard, the American convicted of spying on behalf of Israel, will walk out of prison on Friday after 30 years, but the Obama administration has no plans to let him leave the country and move to Israel as he has requested. Mr. Pollard, who as a Navy intelligence analyst passed classified documents to Israeli handlers, was due to be released from a federal prison in Butner, N.C., after receiving parole on a life sentence, ending a long imprisonment that has been a constant irritant in relations between the United States and Israel.Under federal parole rules, Mr. Pollard cannot leave the country without permission for at least five years. But his wife, Esther, lives in Israel and he has asked to be reunited with her there. Prime Minister Benjamin Netanyahu of Israel personally raised the request in a meeting with President Obama earlier this month, but the president was unmoved, according to American officials and the Israeli news media.
  • But the White House has said it would not intervene in the matter. Senior administration officials said on Thursday that the Justice Department was not considering Mr. Pollard’s request and had no plans to consider it. Administration officials have been loath to appear to grant Mr. Pollard special consideration in the face of strong opposition by intelligence agencies that call his actions a grievous betrayal of national security.“They don’t want to make it look like they were being too lenient,” said Joseph E. diGenova, the former United States attorney who prosecuted Mr. Pollard. If Mr. Pollard were allowed to go to Israel, where his case has been a cause célèbre for years, Mr. diGenova said there would be a “parade” and “events just rubbing it in the United States’ face.”The Israeli news media reported that Mr. Netanyahu and supporters of Mr. Pollard were discouraging public signs of celebration at his release to avoid antagonizing Washington. Supporters said it was churlish to deny Mr. Pollard the chance to leave the country now that he has completed his sentence.
Paul Merrell

E-Mails Show Flaws in JPMorgan's Mortgage Securities - NYTimes.com - 0 views

  • When an outside analysis uncovered serious flaws with thousands of home loans, JPMorgan Chase executives found an easy fix. Rather than disclosing the full extent of problems like fraudulent home appraisals and overextended borrowers, the bank adjusted the critical reviews, according to documents filed early Tuesday in federal court in Manhattan. As a result, the mortgages, which JPMorgan bundled into complex securities, appeared healthier, making the deals more appealing to investors.
  • The trove of internal e-mails and employee interviews, filed as part of a lawsuit by one of the investors in the securities, offers a fresh glimpse into Wall Street’s mortgage machine, which churned out billions of dollars of securities that later imploded. The documents reveal that JPMorgan, as well as two firms the bank acquired during the credit crisis, Washington Mutual and Bear Stearns, flouted quality controls and ignored problems, sometimes hiding them entirely, in a quest for profit.
  • The lawsuit, which was filed by Dexia, a Belgian-French bank, is being closely watched on Wall Street. After suffering significant losses, Dexia sued JPMorgan and its affiliates in 2012, claiming it had been duped into buying $1.6 billion of troubled mortgage-backed securities. The latest documents could provide a window into a $200 billion case that looms over the entire industry. In that lawsuit, the Federal Housing Finance Agency, which oversees Fannie Mae and Freddie Mac, has accused 17 banks of selling dubious mortgage securities to the two housing giants. At least 20 of the securities are also highlighted in the Dexia case, according to an analysis of court records.
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  • The Dexia lawsuit centers on complex securities created by JPMorgan, Bear Stearns and Washington Mutual during the housing boom. As profits soared, the Wall Street firms scrambled to pump out more investments, even as questions emerged about their quality.
  • Dexia’s lawsuit is part of a broad assault on Wall Street for its role in the 2008 financial crisis, as prosecutors, regulators and private investors take aim at mortgage-related securities. New York’s attorney general, Eric T. Schneiderman, sued JPMorgan last year over investments created by Bear Stearns between 2005 and 2007.
  • In a statement shortly after he sued JPMorgan Chase, Mr. Schneiderman said the lawsuit was a template “for future actions against issuers of residential mortgage-backed securities that defrauded investors and cost millions of Americans their homes.”
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