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Paul Merrell

Major Second Circuit Ruling Sides With Immigrants Subjected to Post-9/11 Roundup | Just... - 0 views

  • I’ve written at some length in the past about judicial hostility to damages suits brought by victims of allegedly unlawful post-9/11 counterterrorism policies. I may have to rethink some of that analysis in light of this morning’s landmark ruling by the Second Circuit in Turkmen v. Hasty, the class action arising out of the post-September 11 roundup and detention of certain groups of immigrants in and around New York. In a nutshell (given that the majority opinion runs to 109 pages), Judges Rosemary Pooler and Ronald Wesley (Clinton and George W. Bush appointees, respectively) hold that (1) Bivens provides a cause of action for damages for the plaintiffs’ Fourth Amendment strip-search, Fifth Amendment substantive due process, and Fifth Amendment equal protection claims (albeit not their free exercise claim); (2) the facts alleged in the complaint are sufficient to overcome Iqbal; and (3) five former federal officials, including Attorney General John Ashcroft, FBI Director Robert Mueller, INS Commissioner James Ziglar, MDC Warden Dennis Hasty, and Associate Warden James Sherman, are not entitled to qualified immunity on the plaintiffs’ policy-challenging allegations of punitive and discriminatory confinement and unreasonable strip searches.
  • As Judge Raggi describes in her 91-page dissent, the majority nevertheless narrows the class of plaintiffs to only (1) those non-citizens confined in the MDC’s most restrictive housing unit; and (2) for restrictive confinement after the defendants allegedly learned that the plaintiffs were being detained without individualized suspicion of their connection to terrorism. But it’s still by far the most plaintiff-friendly circuit ruling in a post-9/11 damages suit. In her words, “Today, our court becomes the first to hold that a Bivens action can be maintained against the nation’s two highest ranking law enforcement officials . . . for policies propounded to safeguard the nation in the immediate aftermath of the infamous al Qaeda terrorist attacks of September 11, 2001.” There’s surely a lot more to say about the 200 pages of opinions in this case–and the analyses of Bivens and qualified immunity, in particular. For that reason, among others, I suspect this is not the last we’ll hear of it…
Gary Edwards

Tocqueville's Warning to America: The Dangers of Despotism - 0 views

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    "The words of Alexis de Tocqueville in Book Four, Chapter VI of Democracy America are particularly poignant: I had remarked during my stay in the United States, that a democratic state of society, similar to that of the Americans, might offer singular facilities for the establishment of despotism... I think, then, that the species of oppression by which democratic nations are menaced is unlike anything which ever before existed in the world: our contemporaries will find no prototype of it in their memories. I seek in vain for an expression which will accurately convey the whole of the idea I have formed of it, the old words despotism and tyranny are inappropriate: the thing itself is new, and since I cannot name, I must attempt to define it. I seek to trace the novel features under which despotism may appear in the world. The first thing that strikes the observation is an innumerable multitude of men, all equal and alike, incessantly endeavoring to procure the petty and paltry pleasures with which they glut their lives. Each of them, living apart, is as a stranger to the fate of all the rest,--his children and his private friends constitute to him the whole of mankind; as for the rest of his fellow-citizens, he is close to them, but he sees them not;--he touches them, but he feels them not; he exists but in himself and for himself alone; and if his kindred still remain to him, he may be said at any rate to have lost his country. Above this race of men stands an immense and tutelary power, which takes upon itself alone to secure their gratifications, and to watch over their gate. That power is absolute, minute, regular, provident, and mild. It would be like the authority of a parent, if, like that authority, its object was to prepare men for manhood; but it seeks, on the contrary, to keep them in perpetual childhood: it is well content that the people should rejoice, provided they think of nothing but rejoicing. For their happiness such a government willingly la
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    "An elective despotism was not the government we fought for." - James Madison
Gary Edwards

The planned re-election of Obama, revolutionary style - 0 views

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    Obama administration, including his czars and his closest Progressive supporters, are planning a manufactured insurgency against America. Using the media to garner both sympathy and support for his unfinished goals
    The ambition to re-elect Obama is nothing short of the plan to overthrow the US Constitutional Republic and replace it with a new world order. The article explains the carefully planned re-election of Obama, concluding that it's counting on chaos, rebellion, anger, fear and rioting. Author Doug Hagmann calls this "re-election via revolutionary style". He identifies three areas of aggressively planned chaos: economic, racial, and class warfare. Doug has a source inside the Department of HomeLand Security (DHS), which seems to be the main instrument of overthrow. The model is that of 1968 anti-war, anti-establishment, pro marxist movement. Hagmann and his inside source predict the destruction of the dollar, the seeming breakup and fall of the European Union, riots in the streets of America, and a failed attempt on Obama's life that will result in a horrific crackdown and roundup of Tea Party members. This is truly frightening stuff. Yet, Reagan era Conservative leaders like Mark Levin, Sean Hannity, and Rush Limbaugh - the guys with the megaphone - have no idea what the Federal Reserve Bankster Cartel and their Globalist cronies have pulled off here. Obama is just a stooge carrying out the final stages of a plan that has been in place at least since 1875, when Freemason Albert Pike slipped up with the aging blueprint known to insiders as the "Luciferian Document", inadvertently leaking into the public through a series of letters to a trusted American henchman. Obama himself cut his marxist - new world order teeth, teaching the Alinsky "Rules for Radicals" plan of street revolution and overthrow. Alinsky dedicated his marxist handbook to that first revolutionary, Lucifer. Amazing. And here we are, wondering what mechanisms
Gary Edwards

You Won't BELIEVE What's Going On with Government Spying on Americans - BlackListedNews... - 1 views

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    "New Revelations Are Breaking Every Day" This web page is very well sourced and filled with links where you will get lost for hours. Excellent reference document ............................ Revelations about the breathtaking scope of government spying are coming so fast that it's time for an updated roundup: - Just weeks after NSA boss Alexander said that a review of NSA spying found not even one violation, the Washington Post published an internal NSA audit showing that the agency has broken its own rules thousands of times each year - 2 Senators on the intelligence committee said the violations revealed in the Post article were just the "tip of the iceberg" - Glenn Greenwald notes:  "One key to the WashPost story: the reports are internal, NSA audits, which means high likelihood of both under-counting & white-washing".(Even so, the White House tried to do damage control by retroactively changing on-the-record quotes) - The government is spying on essentially everything we do. It is not just "metadata" … although that is enough to destroy your privacy - The government has adopted a secret interpretation of the Patriot Act which allows it to pretend that "everything" is relevant … so it spies on everyone - NSA whistleblowers say that the NSA collects all of our conversations word-for-word - It's not just the NSA … Many other agencies, like the FBI and IRS - concerned only with domesticissues - spy on Americans as well - The information gained through spying is shared with federal, state and local agencies, and they are using that information to prosecute petty crimes such as drugs and taxes.  The agencies are instructed to intentionally "launder" the information gained through spying, i.e. to pretend that they got the information in a more legitimate way … and to hide that from defense attorneys and judges - Top counter-terror experts say that the government's mass spying doesn't keep us
Paul Merrell

Fukushima - A Global Threat That Requires a Global Response - 0 views

  • The story of Fukushima should be on the front pages of every newspaper. Instead, it is rarely mentioned. The problems at Fukushima are unprecedented in human experience and involve a high risk of radiation events larger than any that the global community has ever experienced. It is going to take the best engineering minds in the world to solve these problems and to diminish their global impact. When we researched the realities of Fukushima in preparation for this article, words like apocalyptic, cataclysmic and Earth-threatening came to mind. But, when we say such things, people react as if we were the little red hen screaming "the sky is falling" and the reports are ignored. So, we’re going to present what is known in this article and you can decide whether we are facing a potentially cataclysmic event.
  • There are three major problems at Fukushima: (1) Three reactor cores are missing; (2) Radiated water has been leaking from the plant in mass quantities for 2.5 years; and (3) Eleven thousand spent nuclear fuel rods, perhaps the most dangerous things ever created by humans, are stored at the plant and need to be removed, 1,533 of those are in a very precarious and dangerous position. Each of these three could result in dramatic radiation events, unlike any radiation exposure humans have ever experienced.  We’ll discuss them in order, saving the most dangerous for last.
  • Missing reactor cores:  Since the accident at Fukushima on March 11, 2011, three reactor cores have gone missing.  There was an unprecedented three reactor ‘melt-down.’ These melted cores, called corium lavas, are thought to have passed through the basements of reactor buildings 1, 2 and 3, and to be somewhere in the ground underneath.  Harvey Wasserman, who has been working on nuclear energy issues for over 40 years, tells us that during those four decades no one ever talked about the possibility of a multiple meltdown, but that is what occurred at Fukushima.  It is an unprecedented situation to not know where these cores are. TEPCO is pouring water where they think the cores are, but they are not sure. There are occasional steam eruptions coming from the grounds of the reactors, so the cores are thought to still be hot. The concern is that the corium lavas will enter or may have already entered the aquifer below the plant. That would contaminate a much larger area with radioactive elements. Some suggest that it would require the area surrounding Tokyo, 40 million people, to be evacuated. Another concern is that if the corium lavas enter the aquifer, they could create a "super-heated pressurized steam reaction beneath a layer of caprock causing a major 'hydrovolcanic' explosion." A further concern is that a large reserve of groundwater which is coming in contact with the corium lavas is migrating towards the ocean at the rate of four meters per month. This could release greater amounts of radiation than were released in the early days of the disaster.
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  • Radioactive water leaking into the Pacific Ocean:  TEPCO did not admit that leaks of radioactive water were occurring until July of this year. Shunichi Tanaka the head of Japan’s Nuclear Regulation Authority finally told reporters this July that radioactive water has been leaking into the Pacific Ocean since the disaster hit over two years ago. This is the largest single contribution of radionuclides to the marine environment ever observed according to a report by the French Institute for Radiological Protection and Nuclear Safety.  The Japanese government finally admitted that the situation was urgent this September – an emergency they did not acknowledge until 2.5 years after the water problem began. How much radioactive water is leaking into the ocean? An estimated 300 tons (71,895 gallons/272,152 liters) of contaminated water is flowing into the ocean every day.  The first radioactive ocean plume released by the Fukushima nuclear power plant disaster will take three years to reach the shores of the United States.  This means, according to a new study from the University of New South Wales, the United States will experience the first radioactive water coming to its shores sometime in early 2014.
  • One month after Fukushima, the FDA announced it was going to stop testing fish in the Pacific Ocean for radiation.  But, independent research is showing that every bluefin tuna tested in the waters off California has been contaminated with radiation that originated in Fukushima. Daniel Madigan, the marine ecologist who led the Stanford University study from May of 2012 was quoted in the Wall Street Journal saying, "The tuna packaged it up (the radiation) and brought it across the world’s largest ocean. We were definitely surprised to see it at all and even more surprised to see it in every one we measured." Marine biologist Nicholas Fisher of Stony Brook University in New York State, another member of the study group, said: "We found that absolutely every one of them had comparable concentrations of cesium 134 and cesium 137." In addition, Science reports that fish near Fukushima are being found to have high levels of the radioactive isotope, cesium-134. The levels found in these fish are not decreasing,  which indicates that radiation-polluted water continues to leak into the ocean. At least 42 fish species from the area around the plant are considered unsafe.  South Korea has banned Japanese fish as a result of the ongoing leaks.
  • Wasserman builds on the analogy, telling us it is "worse than pulling cigarettes out of a crumbled cigarette pack." It is likely they used salt water as a coolant out of desperation, which would cause corrosion because the rods were never meant to be in salt water.  The condition of the rods is unknown. There is debris in the coolant, so there has been some crumbling from somewhere. Gundersen  adds, "The roof has fallen in, which further distorted the racks," noting that if a fuel rod snaps, it will release radioactive gas which will require at a minimum evacuation of the plant. They will release those gases into the atmosphere and try again. The Japan Times writes: "The consequences could be far more severe than any nuclear accident the world has ever seen. If a fuel rod is dropped, breaks or becomes entangled while being removed, possible worst case scenarios include a big explosion, a meltdown in the pool, or a large fire. Any of these situations could lead to massive releases of deadly radionuclides into the atmosphere, putting much of Japan — including Tokyo and Yokohama — and even neighboring countries at serious risk."  
  • The most recent news on the water problem at Fukushima adds to the concerns. On October 11, 2013, TEPCO disclosed that the radioactivity level spiked 6,500 times at a Fukushima well.  "TEPCO said the findings show that radioactive substances like strontium have reached the groundwater. High levels of tritium, which transfers much easier in water than strontium, had already been detected." Spent Fuel Rods:  As bad as the problems of radioactive water and missing cores are, the biggest problem at Fukushima comes from the spent fuel rods.  The plant has been in operation for 40 years. As a result, they are storing 11 thousand spent fuel rods on the grounds of the Fukushima plant. These fuel rods are composed of highly radioactive materials such as plutonium and uranium. They are about the width of a thumb and about 15 feet long. The biggest and most immediate challenge is the 1,533 spent fuel rods packed tightly in a pool four floors above Reactor 4.  Before the storm hit, those rods had been removed for routine maintenance of the reactor.  But, now they are stored 100 feet in the air in damaged racks.  They weigh a total of 400 tons and contain radiation equivalent to 14,000 times the amount released by the Hiroshima atomic bomb.
  • The building in which these rods are stored has been damaged. TEPCO reinforced it with a steel frame, but the building itself is buckling and sagging, vulnerable to collapse if another earthquake or storm hits the area. Additionally, the ground under and around the building is becoming saturated with water, which further undermines the integrity of the structure and could cause it to tilt. How dangerous are these fuel rods?  Harvey Wasserman explains that the fuel rods are clad in zirconium which can ignite if they lose coolant. They could also ignite or explode if rods break or hit each other. Wasserman reports that some say this could result in a fission explosion like an atomic bomb, others say that is not what would happen, but agree it would be "a reaction like we have never seen before, a nuclear fire releasing incredible amounts of radiation," says Wasserman. These are not the only spent fuel rods at the plant, they are just the most precarious.  There are 11,000 fuel rods scattered around the plant, 6,000 in a cooling pool less than 50 meters from the sagging Reactor 4.  If a fire erupts in the spent fuel pool at Reactor 4, it could ignite the rods in the cooling pool and lead to an even greater release of radiation. It could set off a chain reaction that could not be stopped.
  • What would happen? Wasserman reports that the plant would have to be evacuated.  The workers who are essential to preventing damage at the plant would leave, and we will have lost a critical safeguard.  In addition, the computers will not work because of the intense radiation. As a result we would be blind - the world would have to sit and wait to see what happened. You might have to not only evacuate Fukushima but all of the population in and around Tokyo, reports Wasserman.  There is no question that the 1,533 spent fuel rods need to be removed.  But Arnie Gundersen, a veteran nuclear engineer and director of Fairewinds Energy Education, who used to build fuel assemblies, told Reuters "They are going to have difficulty in removing a significant number of the rods." He described the problem in a radio interview: "If you think of a nuclear fuel rack as a pack of cigarettes, if you pull a cigarette straight up it will come out — but these racks have been distorted. Now when they go to pull the cigarette straight out, it’s going to likely break and release radioactive cesium and other gases, xenon and krypton, into the air. I suspect come November, December, January we’re going to hear that the building’s been evacuated, they’ve broke a fuel rod, the fuel rod is off-gassing."
  • As bad as the ongoing leakage of radioactive water is into the Pacific, that is not the largest part of the water problem.  The Asia-Pacific Journal reported last month that TEPCO has 330,000 tons of water stored in 1,000 above-ground tanks and an undetermined amount in underground storage tanks.  Every day, 400 tons of water comes to the site from the mountains, 300 tons of that is the source for the contaminated water leaking into the Pacific daily. It is not clear where the rest of this water goes.   Each day TEPCO injects 400 tons of water into the destroyed facilities to keep them cool; about half is recycled, and the rest goes into the above-ground tanks. They are constantly building new storage tanks for this radioactive water. The tanks being used for storage were put together rapidly and are already leaking. They expect to have 800,000 tons of radioactive water stored on the site by 2016.  Harvey Wasserman warns that these unstable tanks are at risk of rupture if there is another earthquake or storm that hits Fukushima. The Asia-Pacific Journal concludes: "So at present there is no real solution to the water problem."
  • This is not the usual moving of fuel rods.  TEPCO has been saying this is routine, but in fact it is unique – a feat of engineering never done before.  As Gundersen says: "Tokyo Electric is portraying this as easy. In a normal nuclear reactor, all of this is done with computers. Everything gets pulled perfectly vertically. Well nothing is vertical anymore, the fuel racks are distorted, it’s all going to have to be done manually. The net effect is it’s a really difficult job. It wouldn’t surprise me if they snapped some of the fuel and they can’t remove it." Gregory Jaczko, Former Chairman of the U.S. Nuclear Regulatory Commission concurs with Gundersen describing the removal of the spent fuel rods as "a very significant activity, and . . . very, very unprecedented." Wasserman sums the challenge up: "We are doing something never done before – bent, crumbling, brittle fuel rods being removed from a pool that is compromised, in a building that is sinking, sagging and buckling, and it all must done under manual control, not with computers."  And the potential damage from failure would affect hundreds of millions of people.
  • The first thing that is needed is to end the media blackout.  The global public needs to be informed about the issues the world faces from Fukushima.  The impacts of Fukushima could affect almost everyone on the planet, so we all have a stake in the outcome.  If the public is informed about this problem, the political will to resolve it will rapidly develop. The nuclear industry, which wants to continue to expand, fears Fukushima being widely discussed because it undermines their already weak economic potential.  But, the profits of the nuclear industry are of minor concern compared to the risks of the triple Fukushima challenges. 
  • The second thing that must be faced is the incompetence of TEPCO.  They are not capable of handling this triple complex crisis. TEPCO "is already Japan’s most distrusted firm" and has been exposed as "dangerously incompetent."  A poll found that 91 percent of the Japanese public wants the government to intervene at Fukushima. Tepco’s management of the stricken power plant has been described as a comedy of errors. The constant stream of mistakes has been made worse by constant false denials and efforts to minimize major problems. Indeed the entire Fukushima catastrophe could have been avoided: "Tepco at first blamed the accident on ‘an unforeseen massive tsunami’ triggered by the Great East Japan Earthquake on March 11, 2011. Then it admitted it had in fact foreseen just such a scenario but hadn’t done anything about it."
  • The reality is Fukushima was plagued by human error from the outset.  An official Japanese government investigation concluded that the Fukushima accident was a "man-made" disaster, caused by "collusion" between government and Tepco and bad reactor design. On this point, TEPCO is not alone, this is an industry-wide problem. Many US nuclear plants have serious problems, are being operated beyond their life span, have the same design problems and are near earthquake faults. Regulatory officials in both the US and Japan are too corruptly tied to the industry. Then, the meltdown itself was denied for months, with TEPCO claiming it had not been confirmed.  Japan Times reports that "in December 2011, the government announced that the plant had reached ‘a state of cold shutdown.’ Normally, that means radiation releases are under control and the temperature of its nuclear fuel is consistently below boiling point."  Unfortunately, the statement was false – the reactors continue to need water to keep them cool, the fuel rods need to be kept cool – there has been no cold shutdown.
  • TEPCO has done a terrible job of cleaning up the plant.  Japan Times describes some of the problems: "The plant is being run on makeshift equipment and breakdowns are endemic. Among nearly a dozen serious problems since April this year there have been successive power outages, leaks of highly radioactive water from underground water pools — and a rat that chewed enough wires to short-circuit a switchboard, causing a power outage that interrupted cooling for nearly 30 hours. Later, the cooling system for a fuel-storage pool had to be switched off for safety checks when two dead rats were found in a transformer box."  TEPCO has been constantly cutting financial corners and not spending enough to solve the challenges of the Fukushima disaster resulting in shoddy practices that cause environmental damage. Washington’s Blog reports that the Japanese government is spreading radioactivity throughout Japan – and other countries – by burning radioactive waste in incinerators not built to handle such toxic substances. Workers have expressed concerns and even apologized for following order regarding the ‘clean-up.’
  • Indeed, the workers are another serious concern. The Guardian reported in October 2013 the plummeting morale of workers, problems of alcohol abuse, anxiety, loneliness, Post-Traumatic Stress Disorder and depression. TEPCO cut the pay of its workers by 20 percent in 2011 to save money even though these workers are doing very difficult work and face constant problems. Outside of work, many were traumatized by being forced to evacuate their homes after the Tsunami; and they have no idea how exposed to radiation they have been and what health consequences they will suffer. Contractors are hired based on the lowest bid, resulting in low wages for workers. According to the Guardian, Japan's top nuclear regulator, Shunichi Tanaka, told reporters: "Mistakes are often linked to morale. People usually don't make silly, careless mistakes when they're motivated and working in a positive environment. The lack of it, I think, may be related to the recent problems." The history of TEPCO shows we cannot trust this company and its mistreated workforce to handle the complex challenges faced at Fukushima. The crisis at Fukushima is a global one, requiring a global solution.
  • In an open letter to the United Nations, 16 top nuclear experts urged the government of Japan to transfer responsibility for the Fukushima reactor site to a worldwide engineering group overseen by a civil society panel and an international group of nuclear experts independent from TEPCO and the International Atomic Energy Administration , IAEA. They urge that the stabilization, clean-up and de-commissioning of the plant be well-funded. They make this request with "urgency" because the situation at the Fukushima plant is "progressively deteriorating, not stabilizing." 
  • The problems at Fukushima are in large part about facing reality – seeing the challenges, risks and potential harms from the incident. It is about TEPCO and Japan facing the reality that they are not equipped to handle the challenges of Fukushima and need the world to join the effort. 
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    Excellent roundup of evidence that the Fukushima disaster recovery process has gone badly awry and is devolving quickly to looming further disasters. Political momentum is gathering to wrest the recovery efforts away from the Japanese government and to place its leadership in the hands of an international group of experts. The disaster was far worse than its portrayal in mainstream media, is continuing, and even worse secondary disasters now loom. 
Paul Merrell

​It was Putin's missile? - RT Op-Edge - 0 views

  • Here’s the spin war verdict: the current Malaysian Airlines tragedy – the second in four months – is “terrorism” perpetrated by “pro-Russian separatists” armed by Russia and Putin is the main culprit. End of story. Anyone who believes otherwise, shut up. Why? Because the CIA said so. Because Hillary ‘We came, we saw, he died’ Clinton said so. Because crazy Samantha ‘R2P’ Power said so – thundering at the UN, everything duly printed by the neo-con infested Washington Post. Because Anglo-American corporate media – from CNN to Fox (who tried to buy Time Warner, which owns CNN) – said so. Because the President of the United States (POTUS) said so. And mostly because Kiev had vociferously said so in the first place. Right off the bat they were all lined up – the invariably hysterical reams of ‘experts’ of the ‘US intelligence community’ literally foaming at their palatial mouths at ‘evil’ Russia and ‘evil’ Putin; intel ‘experts’ who could not identify a convoy of gleaming white Toyotas crossing the Iraqi desert to take Mosul. And yet they have already sentenced; they don’t need to look any further, instantly solving the MH17 riddle. It doesn’t matter that President Putin has stressed the MH17 tragedy must be investigated objectively. And ‘objectively’ certainly does not mean that fictional ‘international community’ notion construed by Washington – the usual congregation of pliable vassals/patsies.
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    Catching up on a bunch of Pepe Escobar posts on rt.com that Google Alerts forgot to tell me about. Here, he has a nice roundup of the evidence that Kiev shot down MH17, although he omits the evidence that the flight was brought down by a combination of an air-to-air missile and aerial cannon strafing, which I found quite persuasive.
Paul Merrell

News Roundup and Notes: September 12, 2014 | Just Security - 0 views

  • Iraq and Syria The Pentagon has begun rolling out the expanded campaign against the Islamic State, although operations will increase gradually over a number of months [Wall Street Journal’s Julian E. Barnes]. Retired Marine general, John R. Allen, has been chosen to coordinate the international coalition against ISIS, according to a senior administration official [New York Times’ Michael R. Gordon]. In an interview with NPR (Eyder Peralta), Obama’s national security advisor Susan Rice emphasized that the operation against ISIS would not be “Iraq war redux” and that the U.S. is not going to deploy ground troops with a combat role.
  • Democratic senators are reportedly unnerved by President Obama’s attempt to gain swift authority from Congress to arm and train Syrian rebels [Politico’s Burgess Everett and Seung Min Kim]. House Republicans are said to be split on their views, with some, including Intelligence Chairman Mike Rogers speaking out in favor, whereas others showed more caution [The Hill’s Scott Wong et al]. The New York Times (Jonathan Weisman) reports that House Republican leaders will call members back to the Capitol early next week, in “a rare show of unity” with President Obama, to authorize the arming and training of rebels in Syria. Arab states remained reserved about the extent of their commitment to military efforts to combat the Islamic State yesterday, even as Secretary of State John Kerry succeeded in obtaining their support at a meeting in Saudi Arabia [Wall Street Journal’s Maria Abi-Habib and Jay Solomon].   Al Jazeera reports that French President Francois Hollande is travelling to Iraq in an act of visible support ahead of possible airstrikes with the U.S.-led coalition against the Islamic State.
  • The Syrian deputy foreign minister has said that Syria has “no reservations” about airstrikes in the territory, but said that “it is a must” for Obama to call Syrian President Assad [NBC News]. Anne Bernard [New York Times] writes that the prospect of U.S. strikes in Syria “captivated” the people on Thursday, with debate over whether the strikes would help or hinder President Assad. The New York Times (Ben Hubbard et al.) explores the complexities faced by the U.S. in using decentralized and diverse Syrian rebels to counter the Islamic State in Syria. Tom Perry and Alexander Dziadosz [Reuters] explore the impact that U.S. support for the Syrian opposition against the Islamic State will have on the Assad regime.
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  • In Politico Magazine, Mary Ellen O’Connell argues that President Obama’s strategy against the Islamic State in Syria has no basis in international law, drawing comparison in legal terms between Obama and Russian President Vladimir Putin in Ukraine: “arming rebels and conducting airstrikes.” The New York Times editorial board discusses the legal basis for U.S. action against ISIS, accusing Congress of “outrageous” cowardice and allowing President Obama a “free reign to set a dangerous precedent that will last well past this particular military campaign.” The Washington Post editorial board calls President Obama’s strategy “incomplete,” suggesting that airstrikes alone are insufficient and that the U.S. must assist Iraq and Syria to develop so that “terrorist organizations do not emerge again as soon as Americans look away.” Dan Froomkin [The Intercept] discusses media coverage of Obama’s strategy, which indicates that news organizations have realized the plan is a “hot mess.”
  • In other developments, the new UN special envoy to Syria met with President Bashar al-Assad yesterday, pressing for more truces in the country and saying the UN’s first priority was to “facilitate reduction of the violence” [Wall Street Journal’s Sam Dagher]. The CIA has estimated that the number of fighters with the Islamic State in Iraq and Syria may have reached 31,000, a number three times their previous calculation [BBC]. The German interior ministry is working on banning the Islamic State terrorist group due to concerns over returning ISIS fighters and public expressions of sympathy with the group [Wall Street Journal’s Andrea Thomas and Harriet Torry]. The Australian government has raised the terror alert level to the second highest, as Prime Minister Tony Abbott warned that a terrorist attack on home soil was likely, though no specific plots were known of [Wall Street Journal’s Rob Taylor].
  • The head of Homeland Security has warned that while ISIS is the most apparent threat to the U.S. currently, officials must stay vigilant to other threats to the United States [Associated Press]. Dennis B. Ross [New York Times] cautions that “Islamists are not our friends,” noting that the “new fault line” in the Middle East is defined by Islamists who “subordinate national identities to an Islamic identity.” The New York Times (David E. Sanger) discusses how President Obama’s decision to take on the Islamic State in Iraq and Syria shifts his focus in the Middle East away from his previous objective of preventing Iran from obtaining nuclear weapons.
Paul Merrell

News Roundup and Notes: September 11, 2014 | Just Security - 0 views

  • In a highly anticipated address last night, President Barack Obama authorized a significant expansion of the U.S. campaign to “degrade and ultimately destroy” the Islamic State in Iraq and Syria, backed by a broad coalition of allies. His four-part strategy against ISIS will involve a “systematic campaign of airstrikes” against the militants “wherever they are,” including Syria; the deployment of an additional 475 advisers to Iraq; and new support for the moderate Syrian opposition. Obama sought to distinguish his campaign from the wars in Iraq and Afghanistan, likening the mission to U.S. strikes against suspected terrorists in Yemen and Somalia [Reuters’ Steve Holland and Roberta Rampton; Washington Post’s Juliet Eilperin and Ed O’Keefe]. Saudi Arabia has agreed to provide a training base for moderate Syrian opposition fighters—which forms part of the president’s strategy—following an American request [New York Times’ Michael R. Gordon and Eric Schmitt].
  • Lauren French [Politico] discusses the mixed reactions to Obama’s speech on the Hill. The Syrian National Coalition, the main Western-supported opposition group, issued a statement yesterday welcoming President Obama’s announcement that the U.S. would conduct airstrikes targeting the Islamic State in Syria [Associated Press]. Australia and Japan also expressed their support for the president’s strategy this morning [Wall Street Journal’s Rob Taylor and Alexander Martin]. However, there has been a “muted response” to Obama’s address from Arab states in the Gulf region [Wall Street Journal’s Rory Jones].
  • Reuters (David Lawder and Patricia Zengerle) reports that U.S. lawmakers are considering a congressional vote on President Obama’s plan, but several Republicans want further information on the strategy to battle global terrorism, while many would prefer a vote wider than one focused solely on funding for the Syrian opposition. And The Daily Beast (Josh Rogin and Tim Mak) writes that Democrats are ready to approve Obama’s request for $5 billion to counter terrorism, despite the lack of details on how the money would be used. The Wall Street Journal (Julian E. Barnes and Siobhan Gorman) focuses on the president’s plan to rely on U.S.-trained local forces to battle the Islamic State, noting America’s “poor track record” of relying on local forces in Iraq and Libya.
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  • The New York Times’ Charlie Savage discusses the president’s reliance on existing authorization for his campaign against ISIS, although Obama indicated in his speech that he would “welcome congressional support” for this operation. Eli Lake [The Daily Beast] and Spencer Ackerman [The Guardian] also explore the legality of the administration’s expanded mission against ISIS. Politico (Jake Sherman and John Bresnahan) notes that Obama’s urgent request for authorization to equip and train moderate Syrian rebels “is scrambling delicate plans on Capitol Hill less that two months before the midterm elections.”
  • Peter Baker [New York Times] suggests that Obama’s new course is likely to extend “a legacy of war,” and could leave the president’s successor with “a volatile and incomplete war, much as his predecessor left one for him.” The New York Times editorial board weighs the strengths and weaknesses of the president’s strategy, suggesting that the authorization of strikes in Syria was a decision in which he “had little choice militarily or politically.” The Wall Street Journal editorial board suggests that Obama’s “biggest obstacle … will be his own ambivalence about American military force.” And the Washington Post editorial board calls on Congress to take a supportive view, stating that “[c]ongressional and public debate are especially necessary to help strengthen those parts of Mr. Obama’s strategy that remain open to question.” Edward-Isaac Dovere and Josh Gerstein [Politico] provide an analysis of the “speech Obama didn’t want to give.”
  • In other developments, the U.S. military conducted an airstrike on Tuesday in support of Iraqi Security Forces’ efforts to defend Erbil [Central Command]. The Washington Post (Adam Goldman) reports that a senior intelligence official told Congress yesterday that the Department of Homeland Security is “unaware of any specific credible threat to the U.S. homeland” from the Islamic State.     Al Jazeera has learned that the 45 UN peacekeepers from Fiji held by the Nusra Front rebel group in the Golan Heights have been released. An international watchdog has reported that chlorine gas was used as a chemical weapon in northern Syria earlier this year, in an attack that only the Assad regime could have the ability to conduct [Wall Street Journal’s Naftali Bendavid].
  • Murtaza Hussein [The Intercept] reports on the assassination of one of Syria’s top anti-ISIS rebel leaders, suggesting that the group was one of “Obama’s best hope[s]” and that the U.S. must now consider aligning itself with Iran. A young woman from Colorado pleaded guilty yesterday to conspiring to assist ISIS, after she was arrested attempting to travel to Syria [New York Times’ Emma G. Fitzsimons]. Peter Mass [The Intercept] argues why the American government should not have censored the media from hosting the videos of the beheadings of American journalists James Foley and Steven Sotloff.
Paul Merrell

News Roundup and Notes: August 18, 2014 | Just Security - 0 views

  • Over the weekend, the U.S. military carried out further airstrikes in Iraq, targeting Islamic State militants near the Mosul Dam, involving “a mix of fighter, bomber, attack and remotely piloted aircraft.” The nine strikes on Saturday and 14 strikes on Sunday were carried out under authority “to support humanitarian efforts in Iraq,” to protect U.S. personnel and facilities, and to support Iraqi and Kurdish defense forces [U.S. Central Command]. President Obama notified Congress of the latest American involvement yesterday, stating that “[t]he failure of the Mosul Dam could threaten the lives of large numbers of civilians, endanger U.S. personnel and facilities, including the U.S. Embassy in Baghdad.” Obama said the operations will be “limited in their scope and duration.” The significantly expanded air campaign, including the first reported use of U.S. bombers, has strengthened the Kurdish forces’ ground offensive to reclaim the strategic dam from Islamic State control [Wall Street Journal’s Matt Bradley et al.; Washington Post’s Liz Sly et al.]. Iraqi state television reported early today that Iraqi and Kurdish forces are now in control of the dam [Reuters], although there are reports of continued heavy fighting around the Mosul Dam [Al Jazeera]. Joe Parkinson [Wall Street Journal] covers how the U.S. has gained a “controversial new ally” in the Kurdistan Workers’ Party (PKK), as a number of PKK fighters joined the U.S.-backed Kurdish battle in northern Iraq over the weekend.
  • Israel-Palestine With the five-day truce between Israel and Hamas set to expire tonight, Israeli and Palestinian negotiators are continuing discussions in Cairo, although significant gaps remain between the two sides. While Israel is pushing for tougher security measures, Palestine is demanding an end to the Gaza blockade without preconditions [Associated Press; Reuters’ Nidal Al-Mughrabi and Jeffrey Heller]. Israeli troops have demolished the homes of two Palestinians suspected to have been behind the abduction and killing of the three Israeli teenagers in the West Bank in June [Haaretz’s Gili Cohen]. An IDF spokesperson said that the demolition “conveys a clear message to terrorists and their accomplices that there is a personal price to pay when engaging in terror and carrying out attacks against Israelis” [Al Jazeera]. Haaretz’s editorial board notes how the Israeli offensive in Gaza has generated “a very public crisis in relations between Israel and the United States” and warns that “Netanyahu must ease the tension with Washington and act to repair the rift with Obama.” The Wall Street Journal (Joshua Mitnick) explores how Israeli Prime Minister Benjamin Netanyahu’s “containment strategy” in the ongoing conflict is “a contrast from the tough talk against terrorism that fueled his political ascent.”
  • ulian Borger [The Guardian] notes how the potential International Criminal Court investigation into alleged war crimes in Gaza by both Israeli and Hamas forces has become a “fraught political battlefield.” Marwan Bishara [Al Jazeera] explains how and why the UN has been “sidelined” in the Middle East conflict. Meanwhile, the British government is facing a legal challenge over its decision to not suspend existing licenses for the sale of military hardware to Israel following the launch of Operation Protective Edge in Gaza last month [The Guardian’s Jamie Doward].
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  • Texas Governor Rick Perry [Politico Magazine] writes that “[c]learly more strikes will be necessary, with nothing less than a sustained air campaign to degrade and destroy Islamic State forces.” The Hill (Alexander Bolton) notes that Democrats in both chambers have called for a vote in Congress over military strikes in Iraq, while Senate Majority Leader Harry Reid “almost certainly wants to avoid [a vote] as he seeks to keep the upper chamber majority in his party’s hands.” The United Kingdom has also expanded its military involvement in Iraq, with Defence Secretary Michael Fallon confirming that British warplanes are no longer confined to the initial humanitarian mission to assist Iraq’s Yazidi minority [The Guardian’s Nicholas Watt]. The UN Security Council has placed six individuals affiliated with extremist organizations in Iraq and Syria, including the Islamic State, on its sanctions list [UN News Centre]. Army Col. Joel Rayburn, writing in the Washington Post, considers the legacy of Nouri al-Maliki. While Maliki has agreed to step down as prime minister, Rayburn argues that “the damage he has wrought will define his country for decades to come.” Mike Hanna [Al Jazeera America] explains why Maliki’s ouster “is no magic bullet for Iraq,” noting that a “change of prime minister doesn’t in itself alter Iraq’s political or security equation.” And Ali Khedery [New York Times] writes how the latest change in government “really is Iraq’s last chance.”
  • Journalist James Risen, who faces prison over his refusal to reveal the source of a CIA operation story, has called President Obama “the greatest enemy of press freedom in a generation” [New York Times’ Maureen Dowd]. The International Atomic Energy Agency said that Iran has promised to co-operate with an investigation to be carried out by the nuclear watchdog, following a “useful” meeting in Tehran [Reuters’ Fredrik Dahl and Mehrdad Balali]. Sky News reports that WikiLeaks founder Julian Assange is planning to “soon” leave the Ecuadorian embassy in London, after spending more than two years inside the building. Assange said he is planning to meet with the British government to resolve his “lack of legal protection.”
  • If you want to receive your news directly to your inbox, sign up here for the Just Security Early Edition. For the latest information from Just Security, follow us on Twitter (@just_security) and join the conversation on Facebook. To submit news articles and notes for inclusion in our daily post, please email us at news@justsecurity.org. Don’t forget to visit The Pipeline for a preview of upcoming events and blog posts on U.S. national security.
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    Until about a month ago, I thought that Barack Obama would leave only two lasting accomplishments for future history books: [i] first African-American President; and [ii] ending the U.S. war in Iraq. Make it item 1 only now. It's no longer U.S. military "mission creep" in Iraq; it's full bore reinvasion topped off with a U.S. enguineered coup of the Iraqi government.   Just Security is a very high quality politico-legal site for issues involving U.S. and U.S.-sponsored violence and surveillance issues. It's based at the Center for Human Rights and Global Justice at New York University School of Law. Their emailed weekday newsletter is great for the topics I try to follow.  
Paul Merrell

Abbott to say No to Xi and the New Asia Infrastructure Investment Bank - Twice | nsnbc ... - 0 views

  • Australian Prime Minister Tony Abbott is expected to say no to Chinese President Xi about joining the new Chinese-led Asia Infrastructure Development Bank (AIIB) when he will meet Xi at the ASEAN summit in Beijing this week. Abbott’s no to joining the bank would come against the advise of Australian treasurer Joe Hockey and after intense U.S. pressure for Australia to reject the proposed participation.
  • The decision to reject Australia’s participation in the 21 nation regional bank was made during a session of the Australian government’s National Security Committee and was explained as a “decision made on strategic grounds”. The decision has been criticized by several of Australia’s leading experts on economy. The Asian Development Bank  (ADB) estimated in 2011 that Asia would require some US$750 per year through 2020 to meet the needs for regional infrastructure development. In 2012 the ADB merely lent US$7.5 billion reported Australia’s Treasury.
  • A growing number of regional governments including Thailand, Malaysia, Indonesia, Laos, Myanmar and many other are gravitating towards China as China increasingly opens up its economy and banking system for foreign businesses and investment.
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  • Australian Treasurer Joe Hockey repeatedly stressed that Australia’s national interests would be better served by joining the new AIIB while Abbott attempted to position the AIIB as a “unilateral institution”. While it is correct that China is the main investor into the bank, it is a 21 nation project and Abbott’s explanation is given little credence by objective economists who are aware of the inherent problems with U.S. dominance and the dominance of rogue corporate cartels who hold e.g the World Bank, the IMF and the US government in a state of capture.
  • The development gains perspective, considering that the former Chief Economist of the Bank for International Settlements (BIS) William White in 2013, and other top-economists are predicting that a collapse of the U.S. dollar and the Bretton Woods institutions has become unavoidable, that it may happened overnight, and that it is likely to happen sometime by the end of 2014 or the first half of 2015. A recent analysis of the development described U.S. pressure against nations’ joining the new Asia Infrastructure Development Bank as the choice between gold and gunfire, noting that the U.S. applies relative soft pressure against Australia, while it won’t hesitate to provoke civil wars in for example Thailand to prolong the (f)ailing new American Century, just a little bit longer.
  • Gold or Gunfire: Hedging Against the Collapse of the Dollar
Paul Merrell

U.S. House passes bill to ensure Israel can 'remove existential threats' - Diplomacy & ... - 0 views

  • The U.S. House of Representatives passed a defense authorization bill that would make it U.S. policy to take “all necessary steps” to ensure Israel is able to “remove existential threats,” among them nuclear facilities in Iran. “It is the policy of the United States to take all necessary steps to ensure that Israel possesses and maintains an independent capability to remove existential threats to its security and defend its vital national interests,” said the amendment to the National Defense Authorization Act passed Friday.
  • The amendment, initiated by Rep. Peter Roskam (R-Ill.) and first reported by Americans for Peace Now weekly legislative roundup, would require the president to report every 90 days on how the policy is being implemented. That report would identify “all aerial refueling platforms, bunker-buster munitions, and other capabilities and maintenance by Israel of a robust independent capability to remove existential security threats, including nuclear and ballistic missile facilities in Iran, and defend its vital national interests.”
  • The language must survive the reconciliation process with the Senate and then be signed by the president in order to become law. The amendment is similar to a non-binding resolution passed in April in the Senate that urged the president to provide “diplomatic, military, and economic support” to Israel should it be “compelled” to strike Iran’s suspected nuclear weapons program. The House version of the defense authorization act already included a number of Israel-related measures, including tripling Obama’s request for missile defense cooperation funding from $96 million to $284 million. The whole act passed Friday 315-108 and Roskam’s amendment passed by voice vote.
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    House authorizes pre-emptive strike against the non-existent Iranian nuclear weapons.
Paul Merrell

Notes from the Fight Against Surveillance and Censorship: 2014 in Review | Electronic F... - 0 views

  • 2014 in Review Series Net Neutrality Takes a Wild Ride 8 Stellar Surveillance Scoops Web Encryption Gets Stronger and More Widespread Big Patent Reform Wins in Court, Defeat (For Now) in Congress International Copyright Law More Time in the Spotlight for NSLs The State of Free Expression Online What We Learned About NSA Spying in 2014—And What We're Fighting to Expose in 2015 "Fair Use Is Working!" Email Encryption Grew Tremendously, but Still Needs Work Spies Vs. Spied, Worldwide The Fight in Congress to End the NSA's Mass Spying Open Access Movement Broadens, Moves Forward Stingrays Go Mainstream Three Vulnerabilities That Rocked the Online Security World Mobile Privacy and Security Takes Two Steps Forward, One Step Back It Was a Pivotal Year in TPP Activism but the Biggest Fight Is Still to Come The Government Spent a Lot of Time in Court Defending NSA Spying Last Year Let's Encrypt (the Entire Web)
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    The Electronic Freedom Foundation just dropped an incredible bunch of articles on the world in the form of their "2014 Year In Review" series. These are major contributions that place an awful lot of information in context. I thought I had been keeping a close eye on the same subject matter, but I'm only part way through the articles and am learning time after time that I had missed really important news having to do with digital freedom. I can't recommend these articles enough. So far, they are all must-read.  
Paul Merrell

Court Rules Bush Administration Can Be Sued for Its "War on Terror" Conduct - 0 views

  • For almost a decade and a half, the people behind the Bush administration's shameful treatment of terrorism suspects have avoided punishment for their crimes, but that may be about to change. The courts have had their say and have ruled that former Bush administration officials can, in fact, be sued for how they conducted the "war on terror." The Second Circuit Court of Appeals made that pretty much official on Friday when it refused to hear a challenge to its earlier ruling in the case of Turkmen v. Ashcroft. That case involves hundreds of Arab, Muslim or South Asian men who were detained and then abused by our government in the weeks following 9/11.
  • Some of them were beaten by security guards and kept in solitary confinement, which the United Nations considers a form of torture. After they were released, these men sued the people they say authorized their detentions - people like former Attorney General John Ashcroft and former FBI director Robert Mueller. A district court initially blocked their claims, but in June, the Second Circuit Court allowed them, saying that Ashcroft, Mueller and company could be sued. The government then made one more last ditch push to protect the Bush administration, but that effort failed last Friday when the Second Circuit rejected it. Everyone else who authorized and participated in the illegal roundup of hundreds of innocent men after 9/11, from high-up government officials on down, is now fair game for a lawsuit.
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    The case centers of detainees conditions of confinement and denial of Equal Protection for a number of people detained for several months immediately after 9-11. 
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