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Paul Merrell

CNN apologizes for commentator who called WikiLeaks founder a 'pedophile' | McClatchy DC - 0 views

www.mcclatchydc.com/...article124566504.html

WIkileaks Assange libel Dark-State harrassment

shared by Paul Merrell on 07 Jan 17 - No Cached
  • In fact, the pedophile allegation has little to do with Assange’s plight that has kept him in the embassy in London, which involves incidents in Stockholm in the summer of 2010.
  • Rather, it is a bizarre tale involving a Houston-based dating website and its global and well-funded efforts to discredit Assange around the globe. The byzantine saga involves disconnected telephones and mystery websites. The website, toddandclare.com, launched and ramped up its efforts against Assange during the U.S. presidential campaign, as WikiLeaks released hacked emails related to the campaign of Democratic nominee Hillary Clinton.Whoever is behind the dating site has marshaled significant resources to target Assange, enough to gain entry into a United Nations body, operate in countries in Europe, North America and the Caribbean, conduct surveillance on Assange’s lawyer in London, obtain the fax number of Canada’s prime minister and seek to prod a police inquiry in the Bahamas.The dating site’s campaign sought to thwart WikiLeaks’ efforts and discredit Assange, who played a role in a presidential campaign season that deeply divided the U.S. electorate and illuminated Russia as a major cyber adversary of the U.S. government.One part of toddandclare’s two-pronged campaign put a megaphone to unproven charges that Assange made contact with a young Canadian girl in the Bahamas through the internet with the intention of molesting her. The second part sought to entangle him in a plan to receive $1 million from the Russian government.
  • WikiLeaks claims the dating site is “a highly suspicious and likely fabricated” company. In turn, the company has lashed out at Assange and “his despicable activities against American national security,” and warned journalists to “check with your libel lawyers first before printing anything that could impact or endanger innocent people’s lives.”For nearly two months after the October allegations, toddandclare.com went off line. But it recently reappeared, repeating charges about the 8-year-old Canadian girl. The website did not immediately respond Thursday to a new query from McClatchy, and no respondent in the past has given a name or allowed telephone contact.The online company paints itself as all-American. Online material says its founders, Todd and Clare Hammond, “are an average American couple from Michigan, who met in the eighth grade.” In 2011, the company says, the Christian couple started an email dating service, and “have married 3,000 couples to date.” Their online network began in 2015, and a statement it filed to a U.N. body says it has “100,000+ female singles” in six countries. The company’s operating address is a warehouse loading dock in Houston. Its mail goes to a Houston drop box. Its phone numbers no longer work. WikiLeaks says Texas officials tell it the entity is not registered there either under toddandclare.com or a parent company, T&C Network Solutions.A person who answered emails to the website in November declined to identify him or herself.
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  • The people behind toddandclare.com persuaded a U.N. body known as the Global Compact to give it status as a participant in May, and it submitted an eight-page report to the U.N. group Oct. 4 carefully laying out its allegations against Assange. The firm was delisted by the U.N. body eight days later amid controversy over its claims. The report was later taken off the internet. An Australian lawyer, Melinda Taylor, said the report’s precise language raised additional suspicions at WikiLeaks, where she assists Assange in human rights litigation.“This is not a report that’s been drafted by a dating agency. It’s highly legalistic and very structured. It’s the language of someone who has drafted complex legal submissions,” she said.Under Todd Hammond’s name, the report alleged that Assange’s Swedish lawyer had reached out in June to offer Assange’s services on a campaign against rape in exchange for an undisclosed amount of bitcoin. It said the two sides held two videoconferences.Then came the bombshell: It said the company had ended ties with Assange following “pedophile crimes” he had committed in the Bahamas in late September. It charged that the victim was the 8-year-old daughter of a Canadian couple on a monthlong yachting vacation. The father went to police in Nassau on Sept. 28, the report claimed, charging that his family held video and chat logs showing Assange “internet grooming” the child and “propositioning the 8-year-old juvenile ‘to perform oral and anal sex acts.’ ”It said Assange made a connection to the child’s 22-year-old sister, who was a client of the online dating site, from his refuge in London, eventually gaining access to the young girl.
  • An assistant commissioner for the Royal Bahamas Police Force, Stephen Dean, said “there is no investigation” into any such incident and that the police have received no evidence that such an incident occurred.“We got a phone call of someone giving us some information. But we never had a face-to-face. It could have been a hoax,” Dean said. “We don’t know.”If someone were in possession of video or chat logs about a pedophile crime, he or she did not provide them to Bahamian police, Dean said, which he said would be odd: “If you have something so significant, I think you’d want to leave a report.”Assange’s Swedish lawyer, Per Samuelson, wrote to the U.N. body on Oct. 10 alleging that Hammond’s report against Assange was “entirely false” in all its facets and that he had had no contact with the dating site or Hammond.Even as authorities in the Bahamas dismissed the report, the dating site sent a fax Oct. 17 to Canadian Prime Minister Justin Trudeau saying the Canadian family had fled the Bahamas due to “anti-white, racist abuse by Bahamian police.”“Julian Assange ... has started a smear campaign to claim our dating company is behind an elaborate scam. It is fully to be expected. Pedophiles are devious and cunning,” the fax said.The company said it would “continue to protect the family’s identity, until either the (Royal Bahamas Police Force) conduct a proper investigation, or hell freezes over. Whichever comes first.”
  • The fax was signed, “The Todd and Clare Team,” and left no way to contact the firm.While the founders of toddandclare.com say they’ve been in the matchmaking business since 2011, their internet presence dates only to September 2015 and really got going only early last year. Those who have done work for the company say they were kept at arm’s length.By summer, in the run-up to what many expected to be an “October surprise” from WikiLeaks to make an impact on the U.S. election, toddandclare.com began moving against Assange in multiple countries simultaneously. The DNC and a cyber-threat intelligence firm it had hired, CrowdStrike, were already fingering Russia as behind the hacks that would provide the fodder for WikiLeaks. They’d said in June that Russian hackers had access to DNC servers for about a year.A company representative, identifying herself as Hannah Hammond, emailed Assange’s Swedish and British legal agents offering $1 million for him to appear in a five-minute tongue-in-cheek television advertisement. In a subsequent exchange Sept. 19, the representative wrote that “the source of the $1,000,000 is the Russian government.”In a curious twist, she offered what she said were three facts about Assange’s London attorney that are “unknown to the public,” including details inside her home and an event in her son’s life, suggesting a capability to conduct surveillance.Taylor, the Assange lawyer, said the details appeared “to create the impression that the members of his team were under close surveillance and/or to bolster the bona fides of the claim that the offer was linked to a State. Its inclusion does appear quite menacing.”
  • A lawyer identifying himself only as “James” responded the next day, slamming the offer as an “elaborate scam designed to entrap” Assange and embarrass him for ties to Russia.The dating site representative sought to pull the veil off “James.”“Julian: We know it’s you writing. The offer expires at midnight, October 31st 2016,” she wrote back on Sept. 21, according to copies of the emails posted by WikiLeaks on its website.By early October, toddandclare.com went on the offensive. It filed a civil complaint in a British court against Assange, seeking 295 pounds sterling – about $359 – in damages because it said it could no longer use his services due to the “child sex offenses in Nassau.”The suit, said Taylor, Assange’s lawyer, “seems to be designed to evade defamation law in the U.K. They’ve put highly noxious information knowing that it would be made public.”The global tussle between the online dating company and WikiLeaks went public in mid-October when the anti-secrecy group voiced public doubt on whether toddandclare.com actually existed, or served only as a vehicle to attack Assange.
  • The announcement opened the gates for a disparate crew of internet sleuths – some motivated by hatred of Clinton and others impelled by support for WikiLeaks – to probe into the history of toddandclare.com, suspicious that the dating site might be an undercover operation with links to the Clinton campaign.Posting their findings on the discussion websites like Reddit.com, they unearthed some curious coincidences. A perusal into the archives of the internet revealed that the Hammonds had once occupied a San Francisco building later rented to a company, Premise Data, whose co-founder has ties to Clinton and her top supporters.Moreover, a telephone number once registered to a Todd Hammond later was registered to a former Premise employee, Aaron Dunn, although with a different area code.Premise co-founder David Soloff said such findings could only be coincidences.“I want to reiterate that Premise has no connection with this case. And beyond confirming that Aaron Dunn worked at Premise until 2014, I don’t know the answer to any of your questions,” Soloff wrote in an email.
Paul Merrell

Court Accepts DOJ's 'State Secrets' Claim to Protect Shadowy Neocons: a New Low - The I... - 0 views

firstlook.org/...busing-state-secrets-privilege

Dark-State state-secrets Restis litigation

shared by Paul Merrell on 27 Mar 15 - No Cached
  • A truly stunning debasement of the U.S. justice system just occurred through the joint efforts of the Obama Justice Department and a meek and frightened Obama-appointed federal judge, Edgardo Ramos, all in order to protect an extremist neocon front group from scrutiny and accountability. The details are crucial for understanding the magnitude of the abuse here. At the center of it is an anti-Iranian group calling itself “United Against Nuclear Iran” (UANI), which is very likely a front for some combination of the Israeli and U.S. intelligence services. When launched, NBC described its mission as waging “economic and psychological warfare” against Iran. The group was founded and is run and guided by a roster of U.S., Israeli and British neocon extremists such as Joe Lieberman, former Bush Homeland Security adviser (and current CNN “analyst”) Fran Townsend, former CIA Director James Woolsey, and former Mossad Director Meir Dagan. One of its key advisers is Olli Heinonen, who just co-authored a Washington Post Op-Ed with former Bush CIA/NSA Director Michael Hayden arguing that Washington is being too soft on Tehran.
  • This group of neocon extremists was literally just immunized by a federal court from the rule of law. That was based on the claim — advocated by the Obama DOJ and accepted by Judge Ramos — that subjecting them to litigation for their actions would risk disclosure of vital “state secrets.” The court’s ruling was based on assertions made through completely secret proceedings between the court and the U.S. government, with everyone else — including the lawyers for the parties — kept in the dark. In May 2013, UANI launched a “name and shame” campaign designed to publicly identify — and malign — any individuals or entities enabling trade with Iran. One of the accused was the shipping company of Greek billionaire Victor Restis, who vehemently denies the accusation. He hired an American law firm and sued UANI for defamation in a New York federal court, claiming the “name and shame” campaign destroyed his reputation.
  • Up until that point, there was nothing unusual about any of this: just a garden-variety defamation case brought in court by someone who claims that public statements made about him are damaging and false. That happens every day. But then something quite extraordinary happened: In September of last year, the U.S. government, which was not a party, formally intervened in the lawsuit, and demanded that the court refuse to hear Restis’s claims and instead dismiss the lawsuit against UANI before it could even start, on the ground that allowing the case to proceed would damage national security. When the DOJ intervened in this case and asserted the “state secrets privilege,” it confounded almost everyone. The New York Times’s Matt Apuzzo noted at the time that “the group is not affiliated with the government, and lists no government contracts on its tax forms. The government has cited no precedent for using the so­-called state­ secrets privilege to quash a private lawsuit that does not focus on government activity.” He quoted the ACLU’s Ben Wizner as saying: “I have never seen anything like this.” Reuters’s Allison Frankel labeled the DOJ’s involvement a “mystery” and said “the government’s brief is maddeningly opaque about its interest in a private libel case.”
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  • But in this case, there is no apparent U.S. government conduct at issue in the lawsuit. At least based on what they claim about themselves, UANI is just “a not-for-profit, non-partisan, advocacy group” that seeks to “educate” the public about the dangers of Iran’s nuclear program. Why would such a group like this even possess “state secrets”? It would be illegal to give them such material. Or could it be that the CIA or some other U.S. government agency has created and controls the group, which would be a form of government-disseminated propaganda, which happens to be illegal? What else could explain the basis for the U.S. government’s argument that allowing UANI to be sued would risk the disclosure of vital “state secrets” besides a desire to cover up something quite untoward if not illegal? What “state secrets” could possibly be disclosed by suing a nice, little “not-for-profit, non-partisan, advocacy group”?
  • This sham worked. This week, Judge Ramos issued his ruling dismissing the entire lawsuit (see below). As a result of the DOJ’s protection, UANI cannot be sued. Among other things, it means this group of neocon extremists now has a license to defame anyone they want. They can destroy your reputation with false accusations in a highly public campaign, and when you sue them for it, the DOJ will come in and whisper in the judge’s ear that national security will be damaged if — like everyone else in the world — UANI must answer in a court of law for their conduct. And subservient judicial officials like Judge Ramos will obey the U.S. government’s dictates and dismiss your lawsuit before it begins, without your having any idea why that even happened. Worse, in his written ruling, the judge expressly acknowledges that dismissal of the entire lawsuit at the start on secrecy grounds is what he calls a “harsh sanction,” and also acknowledges that “it is particularly so in this case because Plaintiffs not only do not get their day in court, but cannot be told why” (emphasis added). But he does it anyway, in a perfunctory 18-page opinion that does little other than re-state some basic legal principles, and then just concludes that everything the government whispered in his ear should be accepted.
  • Paul Merrell on 27 Mar 15
     
    Unless the district court decision is overturned by a higher court, the Restis case looks to be over. The secrecy concerns of the Dark State trump justice, again. It should be noted that the Constitution is silent on the issue of state secrets (the so-called "state secrets privilege" was manufactured from whole cloth by the Supreme Court in the early 1950s). On the other hand, several provisions of the Constitution expressly require that justice be done, not the least of which is the Due Process clause.  
Paul Merrell

How Much Is Donald Trump Worth? An Examination Of The Evidence | ThinkProgress - 0 views

thinkprogress.org/...trump-net-worth

Auction 2016 Trump net-worth lies

shared by Paul Merrell on 22 Jul 16 - No Cached
  • How much money does Donald Trump actually have? Trump’s image as a savvy, deal-making, and, most importantly, fabulously wealthy businessman isn’t just about his personal brand. He’s made it a key selling point for his presidential campaign as he’s run to be the Republican Party’s nominee. “I’m really rich,” he assured voters as he launched his run for president. That message was intended to convey not only that he doesn’t “need anybody’s money” to fuel his campaign but also that he will help create wealth for everyone. “We’re going to make America wealthy again,” he’s promised his supporters. “I will give you everything.” He pledges to Make America Great Again, but also explained that “you have to be wealthy in order to be great, I’m sorry to say.” Yet the nominee has also refused to release his tax returns, which would tell the public exactly how much money he has. He’s maintained that he’s worth more than $10 billion. But he’s also become known for a slippery relationship with the truth, and there’s a pile of evidence to indicate that he may be worth a lot less than that. (Neither the Trump Organization nor the Trump campaign responded to a request for comment on this evidence or on whether he will be releasing his tax returns.)
  • It’s difficult to get a handle on the more than 500 businesses Trump owns, plus other potential investments and sources of wealth, without him disclosing them himself. Even then, much of the valuation rests on what import one gives to the Trump brand itself and how to adequately assess the worth of his various real estate holdings. Financial media outlets have estimated what they think the mogul is worth, but none have ever come close to backing Trump’s claim of $10 billion. When Bloomberg ran a tally this week of all of his major assets, including stock holdings and the value of properties like golf courses and luxury towers, it came up with $3 billion. Forbes, after interviews with 80 sources and a piece by piece look at Trump’s empire, concluded $4.5 billion. The Bloomberg analysis, however, relies at least in part on statements Trump himself made in financial disclosure forms, while Forbes has always had to rely on information given by the Trump Organization — and Forbes has admitted that Trump consistently pushes for a higher valuation. Fortune also caught him conflating revenue and income in his campaign filing reports and thereby significantly inflating how much income he says he has. In other places, Trump has submitted information on forms that would revise his wealth significantly downward. As Crain’s reported in March, Trump got a break in his latest property tax bill for Trump Tower in New York City that is only available to married couples who have an annual income of $500,000 or less.
  • The trend of publicly boasting about his money and then privately swearing that his assets are worth less goes pretty far back. In 1988, Trump a told Forbes that his personal residences were worth $50 million, but he said in sworn statements that they were in fact a net liability because the debt load was more than they were worth. In 1989, while Trump insisted that he was worth between $4 and $5 billion, Forbes obtained records he had submitted to a government body that his assets were only worth $1.5 billion. In 2005, a bank evaluated his net worth to be $788 million when underwriting a construction loan for some of his real estate projects — a time when Trump claimed his worth was more like $3.6 billion. lost the lawsuit.)
  • Paul Merrell on 22 Jul 16
     
    Gary Johnson and Jill Stein are starting to look awfully good. "If God had wanted us to vote, he would have given us candidates." -- Jay Leno.
Joe La Fleur

Liberals, Progressives and Socialists - Walter E. Williams - Page 1 - 1 views

townhall.com/...ls_progressives_and_socialists

liberals walter williams

shared by Joe La Fleur on 09 Aug 12 - No Cached
  • Paul Merrell on 09 Aug 12
     
    The Williams article does no more than to sing to the choir and certainly is no scholarly work. First he stuffs the Nazis into his own "socialist" bag, ignoring the fact that the "socialist" label in the party name was only window dressing for what was in reality a mix of fascism and capitalism, not socialism. Then he declares that "communists" in the Soviet Union were responsible for mass murders, blinking past the fact that the Soviet Union was communist in name only. It was a fascist state during the entire period when the mass murders there took place and wound up an oligarchy before it died. "Communist China" likewise was never a communist state. It began as a socialist state ruled by an oligarchy, became near-fascist under Chairman Mao, and returned to being an oligarchy after his death, but this time sprouting capitalist wings. (Nixon removing the U.S. trade barriers with China had a lot to do with this.) Having stuffed everything in sight into his "socialist" bag, deserving or not, and labeling *all* socialists as government mass murders, Williams takes the insurmountable mental leap to paint groups like the "NAACP, the National Council of La Raza, Green for All, the Sierra Club and the Children's Defense Fund" as mass murderers, apparently should their views ever become dominant in the U.S. (Williams provides no connective tissue for his illogic there.) Then to top it all off, the web site's editor slaps a title on the essay lumping liberals and progressives in with the socialists, so apparently liberals and progressives are potential mass murderers too, which is unmistakably his innuendo. Williams seems to have a problem with organizations working *through our legal system* to expand civil liberties and to raise ethnic minorities out of poverty. Love 'em or hate 'em, those are not groups of mass murderers. Williams has the right to dislike those organizations. He also has the right to make absurd arguments, which he has fully exercised. But he wa
Paul Merrell

Resurrecting the Dubious State Secrets Privilege | John Dean | Verdict | Legal Analysis... - 0 views

verdict.justia.com/...ubious-state-secrets-privilege

Dark-State state-secrets government secrecy Restis DoJ Holder

shared by Paul Merrell on 19 Sep 14 - No Cached
  • In an unusual move, the U.S. Department of Justice has filed a motion to make a private lawsuit simply disappear. While the U.S. Government is not a party to this defamation lawsuit—Victor Restis et al. v. American Coalition Against Nuclear Iran, Inc.—filed July 19, 2013, in the U.S. District Court for the Southern District of New York, Attorney General Eric Holder is concerned that the discovery being undertaken might jeopardize our national security.
  • The government’s argument for intervening in this lawsuit is technical and thin.
  • The strongest precedent in the government’s brief in the current case is the 1985 case of Fitzgerald v. Penthouse Intern., Ltd. Fitzgerald had sued Penthouse Magazine for an allegedly libelous article, but the U.S. Navy moved to intervene on the ground that the government had a national security interest which would not be adequately protected by the parties, so the government requested the action be dismissed, after invoking the state secrets privilege. The federal district court granted the motions and dismissed the case, which the U.S. Court of Appeals for Fourth Circuit affirmed. So there is precedent for this unusual action by the government in a private lawsuit, but the legitimacy of the state secrets privilege remains subject to question.
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  • In February 2000, Judith Loether, a daughter of one of the three civilians killed in the 1948 B-29 explosion, discovered the government’s once-secret accident report for the incident on the Internet. Loether had been seven weeks old when her father died but been told by her mother what was known of her father’s death and the unsuccessful efforts to find out what had truly happened. When Loether read the accident report she was stunned. There were no national security secrets whatsoever, rather there was glaringly clear evidence of the government’s negligence resulting in her father’s death. Loether shared this information with the families of the other civilian engineers who had been killed in the incident and they joined together in a legal action to overturn Reynolds, raising the fact that the executive branch of the government had misled the Supreme Court, not to mention the parties to the earlier lawsuit.
  • Lou Fisher looked closely at the state secrets privilege in his book In The Name of National Security, as well as in follow-up articles when the Reynolds case was litigated after it was discovered, decades after the fact, that the government had literally defrauded the Supreme Court in Reynolds, e.g., “The State Secrets Privilege: Relying on Reynolds.” The Reynolds ruling emerged from litigation initiated by the widows of three civilian engineers who died in a midair explosion of a B-29 bomber on October 6, 1948. The government refused to provide the widows with the government’s accident report. On March 9, 1953, the Supreme Court created the state secrets privilege when agreeing the accident report did not have to be produced since the government claimed it contained national security secrets. In fact, none of the federal judges in the lower courts, nor the justices on the Supreme Court, were allowed to read the report.
  • Lowell states in his letter: “By relying solely upon ex parte submissions to justify its invocation of the state secrets privilege, especially in the unprecedented circumstance of private party litigation without an obvious government interest, the Government has improperly invoked the state secrets privilege, deprived Plaintiffs of the opportunity to test the Government’s claims through the adversarial process, and limited the Court’s opportunity to make an informed judgment. “ Lowell further claims that in “the typical state secrets case, the Government will simultaneously file both a sealed declaration and a detailed public declaration.” (Emphasis in Lowell’s letter.) To bolster this contention, he provided the court with an example, and offered to provide additional examples if so requested.
  • The Justice Department’s memorandum of law accompanying its motion to intervene states that once the state secrets privilege has been asserted “by the head of the department with control over the matter in question . . . the scope of judicial review is quite narrow.” Quoting from the U.S. Supreme Court ruling establishing this privilege in 1953, U.S. v. Reynolds, the brief adds: “the sole determination for the court is whether, ‘from all the circumstances of the case . . . there is a reasonable danger that compulsion of the evidence will expose military [or other] matters which, in the interest of national security, should not be divulged.’”In short, all the Justice Department need claim is the magic phrase—”state secrets”—after assuring the court that the head of department or agency involved has personally decided it is information that cannot be released. That ends the matter. This is what has made this privilege so controversial, not to mention dubious. Indeed, invocation by the executive branch effectively removes the question from judicial determination, and the information underlying the decision is not even provided to the court.
  • As Fisher and other scholars note, there is much more room under the Reynolds ruling for the court to take a hard look at the evidence when the government claims state secrets than has been common practice. Fisher reminds: “The state secrets privilege is qualified, not absolute. Otherwise there is no adversary process in court, no exercise of judicial independence over what evidence is needed, and no fairness accorded to private litigants who challenge the government . . . . There is no justification in law or history for a court to acquiesce to the accuracy of affidavits, statements, and declarations submitted by the executive branch.” Indeed, he noted to do so is contrary to our constitutional system of checks and balances.
  • Time to Reexamine Blind Adherence to the State Secrets PrivilegeIn responding to the government’s move to intervene, invoke state secrets, and dismiss the Restis lawsuit, plaintiffs’ attorney Abbe Lowell sent a letter to Judge Edgardo Ramos, the presiding judge on the case on September 17, 2014, contesting the Department of Justice’s ex parte filings, and requesting that Judge Ramos “order the Government to file a public declaration in support of its filing that will enable Plaintiffs to meaningfully respond.” Lowell also suggested as an alternative that he “presently holds more than sufficient security clearances to be given access to the ex parte submission,” and the court could do here as in other national security cases, and issue a protective order that the information not be shared with anyone. While Lowell does not so state, he is in effect taking on the existing state secrets privilege procedure where only the government knows what is being withheld and why, and he is taking on Reynolds.
  • To make a long story short, the Supreme Court was more interested in the finality of their decisions than the fraud that had been perpetrated upon them. They rejected the direct appeal, and efforts to relegate the case through the lower courts failed. As Fisher notes, the Court ruled in Reynolds based on “vapors and allusions,” rather than facts and evidence, and today it is clear that when it uncritically accepted the government’s word, the Court abdicated its duty to protect the ability of each party to present its case fairly, not to mention it left the matter under the control of a “self-interested executive” branch.
  • Lowell explains it is not clear—and suggests the government is similarly unclear in having earlier suggested a “law enforcement privilege”—as to why the state secrets privilege is being invoked, and argues this case can be tried without exposing government secrets. Citing the Fitzgerald ruling, Lowell points out dismissal is appropriate “[o]nly when no amount of effort and care on the part of the court and the parties will safeguard privileged material is dismissal warranted.”
  • No telling how Judge Ramos will rule, and the government has a remarkable record of prevailing with the deeply flawed state secrets privilege. But Lowell’s letter appears to say, between the lines, that he has a client who is prepared to test this dubious privilege and the government’s use of it in this case if Judge Ramos dismisses this lawsuit. The U.S. Court of Appeals for the Second Circuit, where that ruling would be reviewed, sees itself every bit the intellectual equal of the U.S. Supreme Court and it is uniquely qualified to give this dubious privilege and the Reynolds holding a reexamination. It is long past time this be done.
  • Paul Merrell on 19 Sep 14
     
    Interesting take on the Restis case by former Nixon White House Counsel John Dean. Where the State Secrets Privilege is at its very nastiest, in my opinion, is in criminal prosecutions where the government withholds potentially exculpatory evidence on grounds of state secrecy. I think the courts have been far too lenient in allowing people to be tried without production of such evidence. The work-around in the Guantanamo Bay inmate cases has been to appoint counsel who have security clearances, but in those cases the lawyer is forbidden from discussing the classified information with the client, who could have valuable input if advised what the evidence is. It's also incredibly unfair in the extraordinary rendition cases, where the courts have let the government get away with having the cases dismissed on state secrecy grounds, even though the tortures have been the victim of criminal official misconduct.  It forces the victims to appeal clear to the Supreme Court before they can start over in an international court with jurisdiction over human rights violations, where the government loses because of its refusal to produce the evidence.  (Under the relevant treaties that the U.S. is a party to, the U.S. is required to provide a judicial remedy without resort to claims of national security secrecy.) Then the U.S. refuses to pay the judgments of the International courts, placing the U.S. in double breach of its treaty obligations. We see the same kinds of outrageous secrecy playing out in the Senate Intellience Committee's report on CIA torture, where the Obama Administration is using state secrecy claims to delay release of the report summary and minimize what is in it. It's highly unlikely that I will live long enough to read the full report. And that just is not democracy in action. Down with the Dark State!   
Paul Merrell

Al Jazeera once again removes Joseph Massad article on Palestine | The Electronic Intifada - 0 views

electronicintifada.net/...oseph-massad-article-palestine

war & peace Israel Palestine Egypt U.S.-foreign-policy Abbas Dahlan Palestinian-Authority

shared by Paul Merrell on 25 Mar 14 - No Cached
  • Al Jazeera English has once again removed an article by Columbia University professor Joseph Massad hours after publishing it. The article, “The Dahlan Factor,” appeared for several hours on the Qatar-based broadcaster’s website this morning at this link, but was later removed without explanation (the full article is republished below). The article had been extremely popular, appearing in the fifth spot on the website’s “What’s Hot” section.
  • Massad’s article: The Dahlan factor The Israeli and US betting on the Dahlan horse will only increase the resolve of the Palestinians and their supporters
  • The recent resurrection of Mohammad Dahlanby several Arab governments, Israel and the US is a most important development for the future of the Palestinian cause, Palestinian Authority (PA)-Israel negotiations, and Hamas-ruled Gaza. Dahlan is viewed, by many Palestinians, as the most corrupt official in the history of the Palestinian national movement (and there are many contenders for that title). Dahlan, it would be recalled, was the PA man in charge of Gaza after the Oslo Accords were signed, where he commanded 20,000 Palestinian security personnel who were answerable to the CIA and to Israeli intelligence. His forces would torture Hamas members in PA dungeons throughout the 1990s. His corruption, at the time, was such that he allegedly diverted over 40 percent of taxes levied against the Palestinians to his personal account in what became known as the Karni Crossing Scandal in 1997. Dahlan, who has been accused repeatedly by both Hamas and Fatah of being an agent of US, Israeli, Egyptian, and Jordanian intelligence, would attempt to stage a US-organised coup against the democratically elected Hamas government in 2007 in Gaza, an attempt that backfired on him and ended with his eviction from the Strip (I had forewarned about the coup several months before it occurred).
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  • A simultaneous coup led by Abbas and his Israeli- and US-backed security forces in the West Bank was successful in dislodging the elected Hamas from power. Dahlan retreated to that mainstay of US and Israeli power, namely the PA-controlled West Bank, where he began to hatch new plots with his multiple patrons to undermine not only Hamas but also Abbas, whose position he begrudged and coveted. Indeed the Americans and the European Union (the latter on US orders) began to pressure Abbas to appoint Dahlan as his deputy, making it clear that they would like to see Dahlan succeed Abbas. Abbas resisted the pressure and refused. In the meantime, Dahlan, has been accused by Hamas and the PA of allegedly plotting several assassination attempts that targeted several Palestinian officials, including Hamas Prime Minister Ismail Haniyyah and Fatah ministers in the PA. Accusations that he persistently denied. His involvement in the 2010 Mossad assassination of a Hamas official in Dubai included having two of his Palestinian death squad hit men (later arrested by Dubai authorities) assist in the operation, a charge he also denied. His personal wealth was conservatively estimated in 2005 by an Israeli think tank at $120m.
  • Just as George Bush Jr and Bill Clinton terminated the services of Arafat after the latter proved unable to sign off on the final Palestinian surrender demanded of him at Camp David in the summer of 2000 (an inability that would arguably cost him his life at the hands of Abbas or Dahlan - depending on which of the two you talk to - acting at the behest of the Israelis, and very likely the Americans), Obama will terminate the services of Abbas should he fail to sign the US-sponsored surrender. Indeed, even if Abbas does sign such a deal, as he is approaching his 80th birthday, Dahlan will be needed and ready to take over after his death. It is in this context that Egyptian army top brass recently visited Israel for a whole week while the Egyptian private TV station Dream (owned by a Mubarak businessman ally, Ahmad Bahgat) aired an interview with Dahlan in which he attacked Abbas, in yet another effort to delegitimise the latter. Dahlan was offered the support of the rightwing Egyptian businessman Naguib Sawiris (infamous for his cutting off cellular phone lines in Cairo during the Egyptian uprising in January 2011 on the orders of Mubarak’s security apparatus), who sang Dahlan’s praises (as well as those of Mohammad Rashid, aka Khaled Salam, a former Arafat aide and another allegedly corrupt embezzling fugitive) as one of the most honest businessmen he ever worked with and then proceeded to denounce Abbas as a “liar”.
  • Dahlan’s power lies in his ability to serve the agenda of multiple patrons. For the Israelis, he is a ruthless, corrupt power-grubbing man who would do their bidding obediently were he to come to power in Gaza or the West Bank. Both the Americans and the Israelis see him as especially willing to sign on an American-sponsored Netanyahu deal without equivocation. For the Egyptians and the Gulf monarchies (and he is said to be a business partner with a Gulf ruler), he would look after their interests and obey their orders by eliminating any resistance to a US-imposed Palestinian final surrender to Israel and by eliminating Hamas once and for all. For the Egyptian coup leaders, whose coup replicated Dahlan’s 2007 Gaza coup, except successfully, he could rid them of Hamas, which they see as an extension of the power of the Muslim Brotherhood (MB), and render their relations with Israel even closer than they already are. Dahlan’s most important role, however, is the one that the Americans need him for, namely, to replace Abbas should the latter fail to sign on to the final surrender that Barack Obama and John Kerry have been cooking at the behest of Netanyahu in the past few months.
  • Once Dahlan’s schemes became too obvious to ignore, Abbas stripped him of power and chased him out of the Ramallah Green Zone in 2010. He moved to Mubarak’s Egypt and later, following the ouster of Mubarak, to Dubai (and on occasion Europe) where he remained until his more recent resurrection by the heirs of Mubarak who now sit on Egypt’s throne.
  • As an Egyptian court has recently joined Israel and the US in banning Hamas from the country and considering it a terrorist organisation and as the Israelis have threatened openly this week that an invasion of Gaza will be necessary, the plan for a Dahlan take-over is hatching slowly but surely. This is viewed as such a threat that Abbas dispatched his supporters and cronies to the streets of Ramallah to prove to the Americans and the Israelis that he still commands much support in the West Bank. The competition between Abbas and Dahlan is essentially one where each of them wants to prove that he can be more servile to Israeli, US, Egyptian, and Gulf interests while maintaining legitimacy and full control of the Palestinian population. The details of the plot are not clear. They could involve an invasion of Gaza from the Egyptian and the Israeli sides (and Egyptian officials have already threatened to carry out such an invasion a few weeks ago), a coup of sorts in the West Bank, and even assassinations of Haniyyah and/or Abbas. All bets are off at the moment, as Abbas, like Arafat before him, is offering complete obedience to US and Israeli diktat and will go much farther than Arafat did, but he understands too well that he would lose all legitimacy and control were he to sign the final humiliating surrender that the US and Israel are insisting on. Dahlan of course will have no such worries.
  • As for Hamas, which, unlike the MB, is a resistance movement and not a political party, it cannot be rounded up or crushed so easily, and the entry of Dahlan into Gaza, let alone the West Bank, will usher in a civil war that could likely end in his defeat yet again, short of a full Israeli invasion of Gaza to return him to power (Dahlan has also been accused by the PA of collaborating with the Israelis in their 2008 invasion of Gaza and has recently been accused in aiding the ongoing counter-revolution in Egypt). The same scenario would be repeated in the West Bank. The future of the Palestinian people is in danger and the enemies of the Palestinians surround them inside and outside Palestine. The Obama-Israeli-Egyptian-Gulf plans for liquidating their cause and their rights continue afoot. However, just like past corrupt Palestinian leaders were unsuccessful in liquidating the rights of the Palestinians and their cause, the Israeli and US betting on the Dahlan horse will only increase the resolve of the Palestinian people and their supporters that Palestinian resistance will only cease after the final liquidation of Israeli state racism and colonialism in all its manifestations throughout historic Palestine.
Paul Merrell

United States v. United States Dist. Court for Eastern Dist. of Mich., 407 US 297 - Sup... - 0 views

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surveillance state 4th Amendment constitutional law

shared by Paul Merrell on 27 Dec 13 - No Cached
  • But a recognition of these elementary truths does not make the employment by Government of electronic surveillance a welcome development—even when employed with restraint and under judicial supervision. There is, understandably, a deep-seated uneasiness and apprehension that this capability will be used to intrude upon cherished privacy of law-abiding citizens.[13] We 313*313 look to the Bill of Rights to safeguard this privacy. Though physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed, its broader spirit now shields private speech from unreasonable surveillance. Katz v. United States, supra; Berger v. New York, supra; Silverman v. United States, 365 U. S. 505 (1961). Our decision in Katz refused to lock the Fourth Amendment into instances of actual physical trespass. Rather, the Amendment governs "not only the seizure of tangible items, but extends as well to the recording of oral statements . . . without any `technical trespass under . . . local property law.'" Katz, supra, at 353. That decision implicitly recognized that the broad and unsuspected governmental incursions into conversational privacy which electronic surveillance entails[14] necessitate the application of Fourth Amendment safeguards.
  • National security cases, moreover, often reflect a convergence of First and Fourth Amendment values not present in cases of "ordinary" crime. Though the investigative duty of the executive may be stronger in such cases, so also is there greater jeopardy to constitutionally protected speech. "Historically the struggle for freedom of speech and press in England was bound up with the issue of the scope of the search and seizure 314*314 power," Marcus v. Search Warrant, 367 U. S. 717, 724 (1961). History abundantly documents the tendency of Government—however benevolent and benign its motives —to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the Government attempts to act under so vague a concept as the power to protect "domestic security." Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent. Senator Hart addressed this dilemma in the floor debate on § 2511 (3):
  • "As I read it—and this is my fear—we are saying that the President, on his motion, could declare— name your favorite poison—draft dodgers, Black Muslims, the Ku Klux Klan, or civil rights activists to be a clear and present danger to the structure or existence of the Government."[15] The price of lawful public dissent must not be a dread of subjection to an unchecked surveillance power. Nor must the fear of unauthorized official eavesdropping deter vigorous citizen dissent and discussion of Government action in private conversation. For private dissent, no less than open public discourse, is essential to our free society.
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  • As the Fourth Amendment is not absolute in its terms, our task is to examine and balance the basic values at stake in this case: the duty of Government 315*315 to protect the domestic security, and the potential danger posed by unreasonable surveillance to individual privacy and free expression. If the legitimate need of Government to safeguard domestic security requires the use of electronic surveillance, the question is whether the needs of citizens for privacy and free expression may not be better protected by requiring a warrant before such surveillance is undertaken. We must also ask whether a warrant requirement would unduly frustrate the efforts of Government to protect itself from acts of subversion and overthrow directed against it. Though the Fourth Amendment speaks broadly of "unreasonable searches and seizures," the definition of "reasonableness" turns, at least in part, on the more specific commands of the warrant clause. Some have argued that "[t]he relevant test is not whether it is reasonable to procure a search warrant, but whether the search was reasonable," United States v. Rabinowitz, 339 U. S. 56, 66 (1950).[16] This view, however, overlooks the second clause of the Amendment. The warrant clause of the Fourth Amendment is not dead language. Rather, it has been
  • "a valued part of our constitutional law for decades, and it has determined the result in scores and scores of cases in courts all over this country. It is not an inconvenience to be somehow `weighed' against the claims of police efficiency. It is, or should 316*316 be, an important working part of our machinery of government, operating as a matter of course to check the `well-intentioned but mistakenly overzealous executive officers' who are a part of any system of law enforcement." Coolidge v. New Hampshire, 403 U. S., at 481. See also United States v. Rabinowitz, supra, at 68 (Frankfurter, J., dissenting); Davis v. United States, 328 U. S. 582, 604 (1946) (Frankfurter, J., dissenting). Over two centuries ago, Lord Mansfield held that common-law principles prohibited warrants that ordered the arrest of unnamed individuals who the officer might conclude were guilty of seditious libel. "It is not fit," said Mansfield, "that the receiving or judging of the information should be left to the discretion of the officer. The magistrate ought to judge; and should give certain directions to the officer." Leach v. Three of the King's Messengers, 19 How. St. Tr. 1001, 1027 (1765).
  • Lord Mansfield's formulation touches the very heart of the Fourth Amendment directive: that, where practical, a governmental search and seizure should represent both the efforts of the officer to gather evidence of wrongful acts and the judgment of the magistrate that the collected evidence is sufficient to justify invasion of a citizen's private premises or conversation. Inherent in the concept of a warrant is its issuance by a "neutral and detached magistrate." Coolidge v. New Hampshire, supra, at 453; Katz v. United States, supra, at 356. The further requirement of "probable cause" instructs the magistrate that baseless searches shall not proceed. These Fourth Amendment freedoms cannot properly be guaranteed if domestic security surveillances may be conducted solely within the discretion of the Executive 317*317 Branch. The Fourth Amendment does not contemplate the executive officers of Government as neutral and disinterested magistrates. Their duty and responsibility are to enforce the laws, to investigate, and to prosecute. Katz v. United States, supra, at 359-360 (DOUGLAS, J., concurring). But those charged with this investigative and prosecutorial duty should not be the sole judges of when to utilize constitutionally sensitive means in pursuing their tasks. The historical judgment, which the Fourth Amendment accepts, is that unreviewed executive discretion may yield too readily to pressures to obtain incriminating evidence and overlook potential invasions of privacy and protected speech.[17]
  • It may well be that, in the instant case, the Government's surveillance of Plamondon's conversations was a reasonable one which readily would have gained prior judicial approval. But this Court "has never sustained a search upon the sole ground that officers reasonably expected to find evidence of a particular crime and voluntarily confined their activities to the least intrusive means consistent with that end." Katz, supra, at 356-357. The Fourth Amendment contemplates a prior judicial judgment,[18] not the risk that executive discretion may be reasonably exercised. This judicial role accords with our basic constitutional doctrine that individual freedoms will best be preserved through a separation of powers and division of functions among the different branches and levels of Government. Harlan, Thoughts at a Dedication: Keeping the Judicial Function in Balance, 49 A. B. A. J. 943-944 (1963). The independent check upon executive discretion is not 318*318 satisfied, as the Government argues, by "extremely limited" post-surveillance judicial review.[19] Indeed, post-surveillance review would never reach the surveillances which failed to result in prosecutions. Prior review by a neutral and detached magistrate is the time-tested means of effectuating Fourth Amendment rights. Beck v. Ohio, 379 U. S. 89, 96 (1964).
  • But we do not think a case has been made for the requested departure from Fourth Amendment standards. The circumstances described do not justify complete exemption of domestic security surveillance from prior judicial scrutiny. Official surveillance, whether its purpose be criminal investigation or ongoing intelligence gathering, risks infringement of constitutionally protected privacy of speech. Security surveillances are especially sensitive because of the inherent vagueness of the domestic security concept, the necessarily broad and continuing nature of intelligence gathering, and the temptation to utilize such surveillances to oversee political dissent. We recognize, as we have before, the constitutional basis of the President's domestic security role, but we think it must be exercised in a manner compatible with the Fourth Amendment. In this case we hold that this requires an appropriate prior warrant procedure. We cannot accept the Government's argument that internal security matters are too subtle and complex for judicial evaluation. Courts regularly deal with the most difficult issues of our society. There is no reason to believe that federal judges will be insensitive to or uncomprehending of the issues involved in domestic security cases. Certainly courts can recognize that domestic security surveillance involves different considerations from the surveillance of "ordinary crime." If the threat is too subtle or complex for our senior law enforcement officers to convey its significance to a court, one may question whether there is probable cause for surveillance.
  • Nor do we believe prior judicial approval will fracture the secrecy essential to official intelligence gathering. The investigation of criminal activity has long 321*321 involved imparting sensitive information to judicial officers who have respected the confidentialities involved. Judges may be counted upon to be especially conscious of security requirements in national security cases. Title III of the Omnibus Crime Control and Safe Streets Act already has imposed this responsibility on the judiciary in connection with such crimes as espionage, sabotage, and treason, §§ 2516 (1) (a) and (c), each of which may involve domestic as well as foreign security threats. Moreover, a warrant application involves no public or adversary proceedings: it is an ex parte request before a magistrate or judge. Whatever security dangers clerical and secretarial personnel may pose can be minimized by proper administrative measures, possibly to the point of allowing the Government itself to provide the necessary clerical assistance.
  • Thus, we conclude that the Government's concerns do not justify departure in this case from the customary Fourth Amendment requirement of judicial approval prior to initiation of a search or surveillance. Although some added burden will be imposed upon the Attorney General, this inconvenience is justified in a free society to protect constitutional values. Nor do we think the Government's domestic surveillance powers will be impaired to any significant degree. A prior warrant establishes presumptive validity of the surveillance and will minimize the burden of justification in post-surveillance judicial review. By no means of least importance will be the reassurance of the public generally that indiscriminate wiretapping and bugging of law-abiding citizens cannot occur.
  • As the surveillance of Plamondon's conversations was unlawful, because conducted without prior judicial approval, the courts below correctly held that Alderman v. United States, 394 U. S. 165 (1969), is controlling and that it requires disclosure to the accused of his own impermissibly intercepted conversations. As stated in Alderman, "the trial court can and should, where appropriate, place a defendant and his counsel under enforceable orders against unwarranted disclosure of the materials which they may be entitled to inspect." 394 U. S., at 185.[21]
Paul Merrell

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

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war & peace Mideast Israel Arabs Shia-nations U.S.-foreign-policy recommendations

shared by Paul Merrell on 17 Mar 15 - No Cached
  • I want to speak with you today about the Middle East. This is the region where Africa, Asia, and Europe come together. It is also the part of the world where we have been most compellingly reminded that some struggles cannot be won, but there are no struggles that cannot be lost. It is often said that human beings learn little useful from success but can learn a great deal from defeat. If so, the Middle East now offers a remarkably rich menu of foreign-policy failures for Americans to study. • Our four-decade-long diplomatic effort to bring peace to the Holy Land sputtered to an ignominious conclusion a year ago. • Our unconditional political, economic, and military backing of Israel has earned us the enmity of Israel’s enemies even as it has enabled egregiously contemptuous expressions of ingratitude and disrespect for us from Israel itself.
  • • Our attempts to contain the Iranian revolution have instead empowered it. • Our military campaigns to pacify the region have destabilized it, dismantled its states, and ignited ferocious wars of religion among its peoples. • Our efforts to democratize Arab societies have helped to produce anarchy, terrorism, dictatorship, or an indecisive juxtaposition of all three. • In Iraq, Libya, and Syria we have shown that war does not decide who’s right so much as determine who’s left. • Our campaign against terrorism with global reach has multiplied our enemies and continuously expanded their areas of operation. • Our opposition to nuclear proliferation did not prevent Israel from clandestinely developing nuclear weapons and related delivery systems and may not preclude Iran and others from following suit.
  • • At the global level, our policies in the Middle East have damaged our prestige, weakened our alliances, and gained us a reputation for militaristic fecklessness in the conduct of our foreign affairs. They have also distracted us from challenges elsewhere of equal or greater importance to our national interests. That’s quite a record.
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  • One can only measure success or failure by reference to what one is trying achieve. So, in practice, what have U.S. objectives been? Are these objectives still valid? If we’ve failed to advance them, what went wrong? What must we do now to have a better chance of success? Our objectives in the Middle East have not changed much over the course of the past half century or more. We have sought to 1. Gain acceptance and security for a Jewish homeland from the other states and peoples of the region; 2. Ensure the uninterrupted availability of the region’s energy supplies to sustain global and U.S. security and prosperity; 3. Preserve our ability to transit the region so as to be able to project power around the world; 4. Prevent the rise of a regional hegemon or the deployment of weapons of mass destruction that might threaten any or all of these first three objectives; 5. Maximize profitable commerce; and 6. Promote stability while enhancing respect for human rights and progress toward constitutional democracy. Let’s briefly review what’s happened with respect to each of these objectives. I will not mince words.
  • Israel has come to enjoy military supremacy but it remains excluded from most participation in its region’s political, economic, and cultural life. In the 67 years since the Jewish state was proclaimed, Israel has not made a single friend in the Middle East, where it continues to be regarded as an illegitimate legacy of Western imperialism engaged in racist removal of the indigenous population. International support for Israel is down to the United States and a few of the former colonial powers that originally imposed the Zionist project on the Arabs under Sykes-Picot and the related Balfour Declaration. The two-state solution has expired as a physical or political possibility. There is no longer any peace process to distract global attention from Israel’s maltreatment of its captive Arab populations. After years of deference to American diplomacy, the Palestinians are about to challenge the legality of Israel’s cruelties to them in the International Criminal Court and other venues in which Americans have no veto, are not present, or cannot protect the Jewish state from the consequences of its own behavior as we have always been able to do in the past. Israel’s ongoing occupation of the West Bank and siege of Gaza are fueling a drive to boycott its products, disinvest in its companies, and sanction its political and cultural elite. These trends are the very opposite of what the United States has attempted to achieve for Israel.
  • In a stunning demonstration of his country’s most famous renewable resource — chutzpah — Israel’s Prime Minister chose this very moment to make America the main issue in his reelection campaign while simultaneously transforming Israel into a partisan issue in the United States. This is the very opposite of a sound survival strategy for Israel. Uncertainties about their country’s future are leading many Israelis to emigrate, not just to America but to Europe. This should disturb not just Israelis but Americans, if only because of the enormous investment we have made in attempts to gain a secure place for Israel in its region and the world. The Palestinians have been silent about Mr. Netanyahu’s recent political maneuvers. Evidently, they recall Napoleon’s adage that one should never interrupt an enemy when he is making a mistake. This brings me to an awkward but transcendently important issue. Israel was established as a haven from anti-Semitism — Jew hatred — in Europe, a disease of nationalism and Christian culture that culminated in the Holocaust. Israel’s creation was a relief for European Jews but a disaster for the Arabs of Palestine, who were either ethnically cleansed by European Jewish settlers or subjugated, or both.  But the birth of Israel also proved tragic for Jews throughout the Middle East — the Mizrahim. In a nasty irony, the implementation of Zionism in the Holy Land led to the introduction of European-style anti-Semitism — including its classic Christian libels on Jews — to the region, dividing Arab Jews from their Muslim neighbors as never before and compelling them to join European Jews in taking refuge in Israel amidst outrage over the dispossession of Palestinians from their homeland. Now, in a further irony, Israel’s pogroms and other injustices to the Muslim and Christian Arabs over whom it rules are leading not just to a rebirth of anti-Semitism in Europe but to its globalization.
  • The late King `Abdullah of Saudi Arabia engineered a reversal of decades of Arab rejectionism at Beirut in 2002. He brought all Arab countries and later all 57 Muslim countries to agree to normalize relations with Israel if it did a deal — any deal — with the Palestinians that the latter could accept. Israel spurned the offer. Its working assumption seems to be that it does not need peace with its neighbors as long as it can bomb and strafe them. Proceeding on this basis is not just a bad bet, it is one that is dividing Israel from the world, including Jews outside Israel. This does not look like a story with a happy ending. It’s hard to avoid the thought that Zionism is turning out to be bad for the Jews. If so, given the American investment in it, it will also have turned out to be bad for America. The political costs to America of support for Israel are steadily rising. We must find a way to divert Israel from the largely self-engineered isolation into which it is driving itself, while repairing our own increasing international ostracism on issues related to Israel.  
  • Despite Mr. Netanyahu’s recent public hysteria about Iran and his efforts to demonize it, Israel has traditionally seen Iran’s rivalry with the Arabs as a strategic asset. It had a very cooperative relationship with the Shah. Neither Israelis nor Arabs have forgotten the strategic logic that produced Israel's entente with Iran. Israel is very much on Daesh’s list of targets, as is Iran. For now, however, Israel’s main concern is the possible loss of its nuclear monopoly in the Middle East. Many years ago, Israel actually did what it now accuses Iran of planning to do. It clandestinely developed nuclear weapons while denying to us and others that it was doing so. Unlike Iran, Israel has not adhered to the Nuclear Non-Proliferation Treaty or subjected its nuclear facilities to international inspection. It has expressed no interest in proposals for a nuclear-free zone in the Middle East. It sees its ability to bring on nuclear Armageddon as the ultimate guarantee of its existence.
  • To many, Israel now seems to have acquired the obnoxious habit of biting the American hand that has fed it for so long. The Palestinians have despaired of American support for their self-determination. They are reaching out to the international community in ways that deliberately bypass the United States. Random acts of violence herald mayhem in the Holy Land. Daesh has proclaimed the objective of erasing the Sykes-Picot borders and the states within them. It has already expunged the border between Iraq and Syria. It is at work in Lebanon and has set its sights on Jordan, Palestine, and Israel. Lebanon, under Saudi influence, has turned to France rather than America for support. Hezbollah has intervened militarily in Iraq and Syria, both of whose governments are close to Iran. Egypt and Turkey have distanced themselves from the United States as well as from each other. Russia is back as a regional actor and arms supplier. The Gulf Arabs, Egypt, and Turkey now separately intervene in Libya, Syria, and Iraq without reference to American policy or views. Iran is the dominant influence in Iraq, Syria, parts of Lebanon, and now Yemen. It has boots on the ground in Iraq. And now Saudi Arabia seems to be organizing a coalition that will manage its own nuclear deterrence and military balancing of Ir
  • To describe this as out of control is hardly adequate. What are we to do about it? Perhaps we should start by recalling the first law of holes — “when stuck in one, stop digging.” It appears that “don’t just sit there, bomb something” isn’t much of a strategy. When he was asked last summer what our strategy for dealing with Daesh was, President Obama replied, “We don’t yet have one.” He was widely derided for that. He should have been praised for making the novel suggestion that before Washington acts, it should first think through what it hopes to accomplish and how best to do it. Sunzi once observed that “tactics without strategy is the noise before defeat." America’s noisy but strategy-free approach to the Middle East has proven him right. Again the starting point must be what we are trying to accomplish. Strategy is "the discipline of achieving desired ends through the most efficient use of available means" [John Lewis Gaddis].Our desired ends with respect to the Middle East are not in doubt. They have been and remain to gain an accepted and therefore secure place for Israel there; to keep the region's oil and gas coming at reasonable prices; to be able to pass through the area at will; to head off challenges to these interests; to do profitable business in the markets of the Middle East; and to promote stability amidst the expansion of liberty in its countries. Judging by results, we have been doing a lot wrong. Two related problems in our overall approach need correction. They are “enablement” and the creation of “moral hazard.” Both are fall-out from  relationships of codependency.
  • Enablement occurs when one party to a relationship indulges or supports and thereby enables another party’s dysfunctional behavior. A familiar example from ordinary life is giving money to a drunk or a drug addict or ignoring, explaining away, or defending their subsequent self-destructive behavior.  Moral hazard is the condition that obtains when one party is emboldened to take risks it would not otherwise take because it knows another party will shoulder the consequences and bear the costs of failure. The U.S.-Israel relationship has evolved to exemplify codependency. It now embodies both enablement and moral hazard. U.S. support for Israel is unconditional.  Israel has therefore had no need to cultivate relations with others in the Middle East, to declare its borders, or to choose peace over continued expansion into formerly Arab lands. Confidence in U.S. backing enables Israel to do whatever it likes to the Palestinians and its neighbors without having to worry about the consequences. Israel is now a rich country, but the United States continues to subsidize it with cash transfers and other fiscal privileges. The Jewish state is the most powerful country in the Middle East. It can launch attacks on its neighbors, confident that it will be resupplied by the United States. Its use of U.S. weapons in ways that violate both U.S. and international law goes unrebuked. 41 American vetoes in the United Nations Security Council have exempted Israel from censure and international law. We enable it to defy the expressed will of the international community, including, ironically, our own.
  • We Americans are facilitating Israel's indulgence in denial and avoidance of the choices it must make if it is not to jeopardize its long-term existence as a state in the Middle East. The biggest contribution we could now make to Israel's longevity would be to ration our support for it, so as to cause it to rethink and reform its often self-destructive behavior. Such peace as Israel now enjoys with Egypt, Jordan, and the Palestinians is the direct result of tough love of this kind by earlier American administrations. We Americans cannot save Israel from itself, but we can avoid killing it with uncritical kindness. We should support Israel when it makes sense to do so and it needs our support on specific issues, but not otherwise. Israel is placing itself and American interests in jeopardy. We need to discuss how to reverse this dynamic.
  • Moral hazard has also been a major problem in our relationship with our Arab partners. Why should they play an active role in countering the threat to them they perceive from Iran, if they can get America to do this for them? Similarly, why should any Muslim country rearrange its priorities to deal with Muslim renegades like Daesh when it can count on America to act for it? If America thinks it must lead, why not let it do so? But responsible foreign and defense policies begin with self-help, not outsourcing of military risks. The United States has the power-projection and war-fighting capabilities to back a Saudi-led coalition effort against Daesh. The Saudis have the religious and political credibility, leadership credentials, and diplomatic connections to organize such an effort. We do not. Since this century began, America has administered multiple disappointments to its allies and friends in the Middle East, while empowering their and our adversaries. Unlike the Gulf Arabs, Egypt, and Turkey, Washington does not have diplomatic relations with Tehran. Given our non-Muslim identity, solidarity with Israel, and recent history in the Fertile Crescent, the United States cannot hope to unite the region’s Muslims against Daesh.  Daesh is an insurgency that claims to exemplify Islam as well as a governing structure and an armed force. A coalition led by inhibited foreign forces, built on papered-over differences, and embodying hedged commitments will not defeat such an insurgency with or without boots on the ground.
  • When elections have yielded governments whose policies we oppose, we have not hesitated to conspire with their opponents to overthrow them. But the results of our efforts to coerce political change in the Middle East are not just failures but catastrophic failures. Our policies have nowhere produced democracy. They have instead contrived the destabilization of societies, the kindling of religious warfare, and the installation of dictatorships contemptuous of the rights of religious and ethnic minorities. Frankly, we have done a lot better at selling things, including armaments, to the region than we have at transplanting the ideals of the Atlantic Enlightenment there. The region’s autocrats cooperate with us to secure our protection, and they get it. When they are nonetheless overthrown, the result is not democracy or the rule of law but socio-political collapse and the emergence of  a Hobbesian state of nature in which religious and ethnic communities, families, and individuals are able to feel safe only when they are armed and have the drop on each other. Where we have engineered or attempted to engineer regime change, violent politics, partition, and ethno-religious cleansing have everywhere succeeded unjust but tranquil order. One result of our bungled interventions in Iraq and Syria is the rise of Daesh. This is yet another illustration that, in our efforts to do good in the Middle East, we have violated the principle that one should first do no harm.
  • Americans used to believe that we could best lead by example. We and those in the Middle East seeking nonviolent change would all be better off if America returned to that tradition and forswore ideologically motivated hectoring and intervention. No one willingly follows a wagging finger. Despite our unparalleled ability to use force against foreigners, the best way to inspire them to emulate us remains showing them that we have our act together. At the moment, we do not. In the end, to cure the dysfunction in our policies toward the Middle East, it comes down to this. We must cure the dysfunction and venality of our politics. If we cannot, we have no business trying to use an 8,000-mile-long screwdriver to fix things one-third of the way around the world. That doesn’t work well under the best of circumstances. But when the country wielding the screwdriver has very little idea what it’s doing, it really screws things up.
  • Paul Merrell on 17 Mar 15
     
    Chas Freeman served as US ambassador to Saudi Arabia during the war to liberate Kuwait and as Assistant Secretary of Defense from 1993-94. He was the editor of the Encyclopedia Britannica entry on "diplomacy" and is the author of five books, including "America's Misadventures in the Middle East" and "Interesting Times: China, America, and the Shifting Balance of Prestige."  I have largely omitted highlighting portions of the speech dealing with Muslim nations because Freeman has apparently lost touch with the actual U.S., Saudi, UAE, Kuwait, and Turish roles in creating and expanding ISIL. But his analysis of Israel's situation and recommendations for curing it seem quite valid, as well as his overall Mideast recommendation to heed the First Law of Holes: "when stuck in one, stop digging."   I recommend reading the entire speech notwithstanding his misunderstanding of ISIL. There is a lot of very important history there ably summarized.
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