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Paul Merrell

Egypt panel approves 'conditional military trials of civilians' - Politics - Egypt - Ah... - 0 views

  • Egypt's 50-member constitution committee has approved an article allowing civilians to be tried by military courts. At Wednesday's session, 30 members voted in favour of the article, seven against, with two abstentions. The remaining 11 were absent. The article was approved after it was amended and presented by the panel's military representative. The text of the article refers to direct attacks on military premises, camps, properties and factories; attacks on military zones and border areas, and attacks on military vehicles or personnel while they are carrying out their duties. Crimes related to military documents, secrets or funds are also included in the article.
  • Several political parties and movements have condemned the article. April 6 Youth Movement founder Ahmed Maher said via Facebook: "No to a constitution that allows military trials of civilians. Have we forgotten the 12,000 civilians that had military trials [during military rule after the January 2011 uprising], including children who are still in jail?" April 6 coordinator Amr Salah said the movement would campaign against the constitution if the article is not removed. Human rights organisations have been calling for a complete ban on trials of civilians by military courts.
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    Ain't it wonderful that Egypt is our No. 2 recipient of military weapons and materiel sales to U.S. manufacturers disguised as U.S. foreign financial aid? But Egypt mans the southern blockade of the Gaza Strip. If Egypt did not do so all those Palestinians might actually engage in international commerce and go to sleep with full bellies. So in reality we have no choice but to play along with military tribunals trying civilians. After all, the U.S. is now doing that too. Why not Egypt?
Gary Edwards

A Victory for All of Us - Liberty in the Breach - 0 views

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    Details of how a federal Judge came to rule that the insideous NDAA law is un Constitutional. excerpt: Posted on May 18, 2012 By Chris Hedges In January, attorneys Carl Mayer and Bruce Afran asked me to be the lead plaintiff in a lawsuit against President Barack Obama and Defense Secretary Leon Panetta that challenged the harsh provisions of the National Defense Authorization Act (NDAA). We filed the lawsuit, worked for hours on the affidavits, carried out the tedious depositions, prepared the case and went to trial because we did not want to be passive in the face of another egregious assault on basic civil liberties, because resistance is a moral imperative, and because, at the very least, we hoped we could draw attention to the injustice of the law. None of us thought we would win. But every once in a while the gods smile on the damned. U.S. District Judge Katherine Forrest, in a 68-page opinion, ruled Wednesday that Section 1021 of the NDAA was unconstitutional. It was a stunning and monumental victory. With her ruling she returned us to a country where-as it was before Obama signed this act into law Dec. 31-the government cannot strip a U.S. citizen of due process or use the military to arrest him or her and then hold him or her in military prison indefinitely. She categorically rejected the government's claims that the plaintiffs did not have the standing to bring the case to trial because none of us had been indefinitely detained, that lack of imminent enforcement against us meant there was no need for an injunction and that the NDAA simply codified what had previously been set down in the 2001 Authorization to Use Military Force Act. The ruling was a huge victory for the protection of free speech. Judge Forrest struck down language in the law that she said gave the government the ability to incarcerate people based on what they said or wrote. Maybe the ruling won't last. Maybe it will be overturned. But we and other Americans are
Paul Merrell

Senate CIA torture report could throw Gitmo hearings into chaos | Al Jazeera America - 0 views

  • The possible declassification and release of a Senate report into the CIA’s detention and interrogation program — begun in the wake of the 9/11 terrorist attacks — could have a huge impact on the controversial military tribunals happening at Guantánamo Bay, experts and lawyers believe. The proceedings have been moving at a snail’s pace at the U.S.-held military base on the island of Cuba, amid widespread condemnation that they are being held in a legal limbo and outside the U.S. criminal justice system. Details surrounding the CIA’s activities have been one of the most contentious issues concerning the commissions at Guantánamo, where the alleged mastermind of the 9/11 attacks, Khalid Sheikh Mohammed, and his co-defendants are on trial. Their alleged treatment while in CIA custody has been a key stumbling block in the hearings’ progress. The same goes for the man alleged to be behind the USS Cole bombing, Abd al-Rahim al-Nashiri, another former CIA captive. In both cases, there have been dozens of delays — mainly due to the fact that the attorneys have been battling military prosecutors over access to classified information about the CIA interrogation program that the attorneys want to use as evidence. Both cases have been dragging on for two years and are still in the pretrial evidentiary phase.
  • But now that the Senate Intelligence Committee appears set to vote on releasing its long-awaited 6,300-page, $50 million study — or at least some portion of it — the defense attorneys will finally get the opportunity to talk openly at the military commissions about torture. That could prove disastrous for military prosecutors. According to defense attorneys and human rights observers who have been monitoring the proceedings, it might also derail the government’s attempts to convince a jury that the detainees, if convicted, deserve to be executed. “The U.S. government has gone to great lengths to classify evidence of crimes — crimes committed by U.S. actors,” said Army Maj. Jason Wright, one of Mohammed’s military defense attorneys. “Were this information in this Senate report to be revealed … it would completely gut the classification architecture currently in place before the commissions.” The panel is expected to vote April 3, and it is widely believed the panel will approve release of its 400-page executive summary. If that happens, Wright said, he anticipates petitioning the military court to amend the protective order that treats all information about the CIA torture program as classified.
  • The report is likely to contain reams of information that has not yet come to light. Intelligence Committee Chairwoman Sen. Dianne Feinstein has said the report “includes details of each detainee in CIA custody, the conditions under which they were detained, how they were interrogated, the intelligence they actually provided and the accuracy — or inaccuracy — of CIA descriptions about the program to the White House, Department of Justice, Congress and others.” Wright said that in addition to seeking a change to the protective order, he would file discovery motions to gain access to the 6.2 million pages of documents the Senate had. Such a move would lead to further legal wrangling and delay the start of the trial, which the government hopes will get underway in September. “We have an absolute right to review that and have it produced in discovery,” Wright said.
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  • Richard Kammen, al-Nashiri’s civilian defense attorney, meanwhile, has already filed a motion with the military court to obtain a complete, unredacted copy of the Senate Intelligence Committee’s report. The motion, submitted in September prior to the revelations that have surfaced about infighting between the CIA and Senate committee investigators, said the report “will be central to the accused’s defense on the merits, in impeaching the credibility of the evidence against him and in mitigation of the death sentence the government is seeking to impose.” If the entire report were declassified by the Intelligence Committee, it “would be huge because it would really eliminate the ‘need’ for military commissions, which are in my view mainly a vehicle to have what will look like trials but will keep whatever evidence of torture the judge ultimately allows secret from or sanitized to the public,” Kammen said.
  • But not everyone expects the report to be released in great detail. Air Force Capt. Michael Schwartz, the attorney for alleged 9/11 co-conspirator Walid bin Attash, doesn’t believe the Senate committee’s report will ever see the light of day. If it is released, he said it will be highly redacted, rendering it useless to the public and Attash’s defense team. “This whole military commissions system is designed to make sure this information is never known to the public,” Schwartz said. “No one in my office is naive enough to think this report will come out in any unredacted form. Certainly that report contains a lot of mitigating information that would be relevant to the defense of this case. But I don’t believe for a second that we will see anything in that report that actually sheds light on the crimes committed by the CIA against our clients between 2003 and 2006.” Air Force Col. Morris Davis, the former chief prosecutor at Guantánamo and a staunch critic of the military commissions, doesn’t believe the Senate committee’s report “is legally relevant” to the military commission trial of Mohammed and the other high-value detainees. But he does believe it will force the hearings more into the public.
  • “Where I do think it will have an impact is in the assessment of whether those legal relevance proceedings take place in open court or in secret closed sessions,” he said. “The report is likely to officially reinforce and amplify what the public already knows about this regrettable chapter in our history. It should further undercut the government’s claim that all this absolutely must stay hidden behind closed doors or else cataclysmic things will happen.” Army. Lt. Col. Todd Breasseale, a Pentagon spokesman who deals with detainee matters at Guantánamo, declined to discuss the Senate report or how its release may affect the commissions. "I can't imagine a world where competent counsel — be they from the government or defense — would announce in advance, any strategy they might pursue or make predictions on how any given issue might affect the progress of their case," Breasseale said.
  • Daphne Eviatar, a lawyer for Human Rights First who has closely observed and written about the military commission proceedings, said whether the Senate’s report is a game changer will ultimately depend on what is declassified. Perhaps details of the interrogations will be released, or they may be heavily redacted. “Either way, you can be sure the defense lawyers will try to reopen this issue, and the government will fight it, and the case will get bogged down once again in months of argument in pretrial hearings that are already taking forever,” she said.
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    A ray of sunlight ahead in the Gitmo detainee prosecutions?
Gary Edwards

Welcome to Post-Constitution America - Peter Van Buren - 0 views

  • On July 30, 1778, the Continental Congress created the first whistleblower protection law, stating “that it is the duty of all persons in the service of the United States to give the earliest information to Congress or other proper authority of any misconduct, frauds, or misdemeanors committed by any officers or persons in the service of these states.”
  • Two hundred thirty-five years later, on July 30, 2013, Bradley Manning was found guilty on 20 of the 22 charges for which he was prosecuted, specifically for “espionage” and for videos of war atrocities he released, but not for “aiding the enemy.”
  • Days after the verdict, with sentencing hearings in which Manning could receive 136 years of prison time ongoing, the pundits have had their say. The problem is that they missed the most chilling aspect of the Manning case: the way it ushered us, almost unnoticed, into post-Constitutional America.
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  • As at Guantanamo, rules of evidence reaching back to early
  • During the months of the trial, the U.S. military refused to release official transcripts of the proceedings. Even a private courtroom sketch artist was barred from the room. Independent journalist and activist Alexa O’Brien then took it upon herself to attend the trial daily, defy the Army, and make an unofficial record of the proceedings by hand. Later in the trial, armed military police were stationed behind reporters listening to testimony. Above all, the feeling that Manning’s fate was predetermined could hardly be avoided. After all, President Obama, the former Constitutional law professor, essentially proclaimed him guilty back in 2011 and the Department of Defense didn’t hesitate to state more generally that “leaking is tantamount to aiding the enemies of the United States.”
  • And so to Bradley Manning. As the weaponry and technology of war came home, so did a new, increasingly Guantanamo-ized definition of justice. This is one thing the Manning case has made clear. As a start, Manning was treated no differently than America’s war-on-terror prisoners at Guantanamo and the black sites that the Bush administration set up around the world. Picked up on the “battlefield,” Manning was first kept incommunicado in a cage in Kuwait for two months with no access to a lawyer. Then, despite being an active duty member of the Army, he was handed over to the Marines, who also guard Guantanamo, to be held in a military prison in Quantico, Virginia. What followed were three years of cruel detainment, where, as might well have happened at Gitmo, Manning, kept in isolation, was deprived of clothing, communications, legal advice, and sleep. The sleep deprivation regime imposed on him certainly met any standard, other than Washington’s and possibly Pyongyang’s, for torture. In return for such abuse, even after a judge had formally ruled that he was subjected to excessively harsh treatment, Manning will only get a 112-day reduction in his eventual sentence. Eventually the Obama administration decided Manning was to be tried as a soldier before a military court. In the courtroom, itself inside a military facility that also houses NSA headquarters, there was a strikingly gulag-like atmosphere.  His trial was built around secret witnesses and secret evidence; severe restrictions were put on the press -- the Army denied press passes to 270 of the 350 media organizations that applied; and there was a clear appearance of injustice. Among other things, the judge ruled against nearly every defense motion.
  • “What constitutes due process in this case is a due process in war.”
  • Given all this, it is small comfort to know that Manning, nailed on the Espionage Act after multiple failures in other cases by the Obama administration, was not convicted of the extreme charge of “aiding the enemy.”
  • Obama administration lawyers went on to claim the legal right to execute U.S. citizens without trial or due process and have admitted to killing four Americans. Attorney General Eric Holder declared that “United States citizenship alone does not make such individuals immune from being targeted.”
  • As if competing for an Orwellian prize, an unnamed Obama administration official told the Washington Post,
  • English common law were turned upside down. In Manning’s case, he was convicted of espionage, even though the prosecution did not have to prove either his intent to help another government or that harm was caused; a civilian court had already paved the way for such a ruling in another whistleblower case. In addition, the government was allowed to label Manning a “traitor” and an “anarchist” in open court, though he was on trial for neither treason nor anarchy.
  • Similarly, full-spectrum spying is not considered to violate the Fourth Amendment and does not even require probable cause.
  • Justice can be twisted and tangled into an almost unrecognizable form and then used to send a young man to prison for decades.
  • Government officials concerned over possible wrongdoing in their departments or agencies who “go through proper channels” are fired or prosecuted.
  • Government whistleblowers are commanded to return to face justice, while law-breakers in the service of the government are allowed to flee justice. CIA officers who destroy evidence of torture go free, while a CIA agent who blew the whistle on torture is locked up.
  • Thanks to the PATRIOT Act, citizens, even librarians, can be served by the FBI with a National Security Letter (not requiring a court order) demanding records and other information, and gagging them from revealing to anyone that such information has been demanded or such a letter delivered.
  • Citizens may be held without trial, and denied their Constitutional rights as soon as they are designated “terrorists.” Lawyers and habeas corpus are available only when the government allows.
  • The war on whistleblowers is metastasizing into a war on the First Amendment.
  • People may now be convicted based on secret testimony by unnamed persons.
  • Military courts and jails can replace civilian ones.
  • An Obama administration Insider Threat Program requires federal employees (including the Peace Corps) to report on the suspicious behavior of coworkers.
  • Claiming its actions lawful while shielding the “legal” opinions cited, often even from Congress, the government can send its drones to assassinate its own citizens.
  • One by one, the tools and attitudes of the war on terror, of a world in which the “gloves” are eternally off, have come home.
  • The comic strip character Pogo’s classic warning -- “We have met the enemy and he is us” -- seems ever less like a metaphor.
  • According to the government, increasingly we are now indeed their enemy.
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    Well written and researched article describing what it means to live in a post-Constitutional America.  Chilling facts with a cold but obvious conclusion.
Gary Edwards

Google News - 0 views

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    An incredible story is unfolding in Egypt where the new military government is digging through volumes of documents seized in raids on the Muslim Brotherhood. The documents are said to show that Barak Obama has been funneling Billions of dollars into the Muslim Brotherhood. excerpt: "Bare Naked Islam has done extensive reporting on the "bribes." The ... Evidence we have obtained lends credibility to the charges of "gifts" (bribes) being taken in U.S. dollars from the U.S. Embassy in Cairo" that were distributed to top ministerial level officials in the Mursi government. Via Almesryoon: "A judicial source stated that over the past few days, a number of complaints have beenfiled with the Attorney General Hisham Barakat. These complaints accuse the leaders of the Muslim Brotherhood and leaders of the centrist party of receiving gifts from the American embassy in Cairo. The sponsors of these complaints stated that among these leaders are Mohamed Badie, General Guide of the Muslim Brotherhood, Khairat Al-Shater, deputy leader and businessman, Mohamed Beltagy leading the group, Essam el-Erian, deputy head of the Freedom and Justice Party of, and Abu Ela Mady, head of the Wasat Party, Essam Sultan, deputy head of the Wasat Party." The strength of these allegations is seemingly bolstered by another case alluded to by the newspaper in which a document is referenced. This document reportedly reveals monthly "gifts" being paid to Muslim Brotherhood leaders in Egypt by the Prime Minister Hamad bin Jassim bin Jabor Al Thani, Minister of Foreign Affairs to the Mursi government. These monthly payments were said to be denominated in U.S. dollars to each leader. Evidence for such allegations are substantiated by a document we have obtained. It includes the names of several recipients of funds and even includes their signatures acknowledging receipt of the funds. This ledger, obtained from inside the Mursi government, lends additional credibility to the rep
Paul Merrell

Supreme Court Strikes Out KBR - 0 views

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

Guantánamo defense attorney: Emails portray Pentagon meddling in death-penalt... - 0 views

  • A USS Cole case defense attorney read aloud from just disclosed emails Tuesday in a ongoing bid to portray a recent order to war court judges to live permanently at Guantánamo as unlawful meddling meant to rush justice in the death-penalty case.Navy Cmdr. Brian Mizer, defending Abd al Rahim al Nashiri, said the documents he got through a court order overnight demonstrated that the Pentagon office knew that the rule change adopted last month would not just make waves but could constitute the U.S. military crime of unlawful influence.“In trying to speed up a trial, are we affecting its fairness?” wrote a legal adviser, Cmdr. Raghav Kotval, on the staff of the Convening Authority for Military Commissions. “If, for example, the judge is less inclined to grant a continuance because it means more time on Gitmo, is that adverse to the accused?”The Nov. 14 email circulated among U.S. military legal staff reviewing a proposed war-court regulation for the Convening Authority, retired Marine Maj. Gen. Vaughn Ary, the Pentagon–based overseer of military commissions. Less than a month later, on Dec. 9, Ary formally asked Deputy Secretary of Defense Robert Work for the change. Work did just that on Jan. 7, ordering judges assigned to Guantánamo cases to give up their prestigious day jobs.
  • Defense lawyers cast the open-ended relocation order to judges living with family in more comfortable settings in Italy and the East Coast of the United States as punishment that exiles them for not proceeding swiftly through a complicated pretrial phase to trials. The 9/11 and USS Cole case judges have spent years navigating thorny pretrial issues — such as torture and secrecy, CIA involvement in the court and evolving war court law.A case prosecutor, Navy Lt. Paul Morris, dismissed the documents as nothing more than routine “brainstorming of potential issues” among colleagues. Another prosecutor, Army Col. Robert Moscati, said there was no proof that their boss, Ary, knew of the reservations they raised.Ary was scheduled to testify Wednesday by video-teleconference from his headquarters outside Washington, D.C.
  • In a filing, prosecutors defend the judge’s move-in order as simply surging staff to the war court for “the increased operational tempo that’s expected.”The three war court judges hearing Guantánamo cases have not complied, in part, because the top lawyers in the Army, Navy and Air Force were taken by surprise by the decision that strips them of judges who handle the courts-martial of American service members, too. Mizer cast Kotval as a potential whistleblower, and asked the judge to order his testimony along with that of two other U.S. military officers serving as Ary’s legal advisers in the email chain that received this from Kotval:“Issue: Are we coercing or by unauthorized means influencing the action of a judge?” he wrote. “If not, why are we intruding on what is not typically or traditionally a convening authority’s role. What is the explanation for the action?”Defense attorneys call the order an example of unlawful command influence — a crime in the U.S. military — designed to rush the judges to trial so they can leave this remote base. They want the case dismissed.
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  • Nashiri, a 50-year-old Saudi, is accused of masterminding the al-Qaida suicide bombing that killed 17 U.S. sailors off the coast of Yemen, and the Pentagon prosecutor wants him executed if convicted. But his trial has been mired in complex pretrial proceedings involving secrecy surrounding his 2002-06 detention in the CIA’s secret prison network before he was brought to Guantánamo for possible trial. Judge Spath, for his part, sounded troubled that there was no wider consultation, for example with the top lawyers of the different services, before Ary went to the Deputy Secretary of Defense.He left open the possibility that he might call some of the emailers in Ary’s office as witnesses — as well as the Army’s top lawyer, Lt. Gen. Flora Darpino, who according to another email that surfaced in the case was resisting the Pentagon order to provide judges to the war court declaring, “I can’t afford to lose them to Cuba.”
  • Spath said he was also troubled to see a staffer’s email declaring — “The judges and the defense are aligned on this issue” and “The judges don't want to move” — and wondered aloud if the junior lawyers on Ary’s staff got that impression from the boss.Spath added that the question of “unlawful influence” could “permeate everything in a trial,” and that he would address nothing else at Guantánamo until the issue was resolved. “I want to get you a ruling while we’re down here,” he said, “so we can all then go to our respective places and deal with whatever fallout that might bring.”
Paul Merrell

No, Israel Does Not Have the Right to Self-Defense In International Law Against Occupie... - 0 views

  • On the fourth day of Israel's most recent onslaught against Gaza's Palestinian population, President Barack Obama declared, “No country on Earth would tolerate missiles raining down on its citizens from outside its borders.” In an echo of Israeli officials, he sought to frame Israel's aerial missile strikes against the 360-square kilometer Strip as the just use of armed force against a foreign country. Israel's ability to frame its assault against territory it occupies as a right of self-defense turns international law on its head.  A state cannot simultaneously exercise control over territory it occupies and militarily attack that territory on the claim that it is “foreign” and poses an exogenous national security threat. In doing precisely that, Israel is asserting rights that may be consistent with colonial domination but simply do not exist under international law. 
  • Admittedly, the enforceability of international law largely depends on voluntary state consent and compliance. Absent the political will to make state behavior comport with the law, violations are the norm rather than the exception. Nevertheless, examining what international law says with regard to an occupant’s right to use force is worthwhile in light of Israel's deliberate attempts since 1967 to reinterpret and transform the laws applicable to occupied territory. These efforts have expanded significantly since the eruption of the Palestinian uprising in 2000, and if successful, Israel’s reinterpretation would cast the law as an instrument that protects colonial authority at the expense of the rights of civilian non-combatants.  
  • International Law places the responsibility upon the commanding general of preserving order, punishing crime, and protecting lives and property within the occupied territory. His power in accomplishing these ends is as great as his responsibility.  The extent and breadth of force constitutes the distinction between the right to self-defense and the right to police. Police authority is restricted to the least amount of force necessary to restore order and subdue violence. In such a context, the use of lethal force is legitimate only as a measure of last resort. Even where military force is considered necessary to maintain law and order, such force is circumscribed by concern for the civilian non-combatant population. The law of self-defense, invoked by states against other states, however, affords a broader spectrum of military force. Both are legitimate pursuant to the law of armed conflict and therefore distinguished from the peacetime legal regime regulated by human rights law. 
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  • Military occupation is a recognized status under international law and since 1967, the international community has designated the West Bank and the Gaza Strip as militarily occupied. As long as the occupation continues, Israel has the right to protect itself and its citizens from attacks by Palestinians who reside in the occupied territories. However, Israel also has a duty to maintain law and order, also known as “normal life,” within territory it occupies. This obligation includes not only ensuring but prioritizing the security and well-being of the occupied population. That responsibility and those duties are enumerated in Occupation Law.  Occupation Law is part of the laws of armed conflict; it contemplates military occupation as an outcome of war and enumerates the duties of an occupying power until the peace is restored and the occupation ends. To fulfill its duties, the occupying power is afforded the right to use police powers, or the force permissible for law enforcement purposes. As put by the U.S. Military Tribunal during the Hostages Trial (The United States of America vs. Wilhelm List, et al.)
  • To equate the two is simply to confuse the legal with the linguistic denotation of the term ”defense.“ Just as ”negligence,“ in law, does not mean ”carelessness” but, rather, refers to an elaborate doctrinal structure, so ”self-defense” refers to a complex doctrine that has a much more restricted scope than ordinary notions of ”defense.“  To argue that Israel is employing legitimate “self-defense” when it militarily attacks Gaza affords the occupying power the right to use both police and military force in occupied territory. An occupying power cannot justify military force as self-defense in territory for which it is responsible as the occupant. The problem is that Israel has never regulated its own behavior in the West Bank and Gaza as in accordance with Occupation Law. 
  • Once armed conflict is initiated, and irrespective of the reason or legitimacy of such conflict, the jus in bello legal framework is triggered. Therefore, where an occupation already is in place, the right to initiate militarized force in response to an armed attack, as opposed to police force to restore order, is not a remedy available to the occupying state. The beginning of a military occupation marks the triumph of one belligerent over another. In the case of Israel, its occupation of the West Bank, the Gaza Strip, the Golan Heights, and the Sinai in 1967 marked a military victory against Arab belligerents.  Occupation Law prohibits an occupying power from initiating armed force against its occupied territory. By mere virtue of the existence of military occupation, an armed attack, including one consistent with the UN Charter, has already occurred and been concluded. Therefore the right of self-defense in international law is, by definition since 1967, not available to Israel with respect to its dealings with real or perceived threats emanating from the West Bank and Gaza Strip population. To achieve its security goals, Israel can resort to no more than the police powers, or the exceptional use of militarized force, vested in it by IHL. This is not to say that Israel cannot defend itself—but those defensive measures can neither take the form of warfare nor be justified as self-defense in international law. As explained by Ian Scobbie:  
  • When It Is Just to Begin to Fight  The laws of armed conflict are found primarily in the Hague Regulations of 1907, the Four Geneva Conventions of 1949, and their Additional Protocols I and II of 1977. This body of law is based on a crude balance between humanitarian concerns on the one hand and military advantage and necessity on the other. The post-World War II Nuremberg trials defined military exigency as permission to expend “any amount and kind of force to compel the complete submission of the enemy…” so long as the destruction of life and property is not done for revenge or a lust to kill. Thus, the permissible use of force during war, while expansive, is not unlimited.  In international law, self-defense is the legal justification for a state to initiate the use of armed force and to declare war. This is referred to as jus ad bellum—meaning “when it is just to begin to fight.” The right to fight in self-defense is distinguished from jus in bello, the principles and laws regulating the means and methods of warfare itself. Jus ad bellum aims to limit the initiation of the use of armed force in accordance with United Nations Charter Article 2(4); its sole justification, found in Article 51, is in response to an armed attack (or an imminent threat of one in accordance with customary law on the matter). The only other lawful way to begin a war, according to Article 51, is with Security Council sanction, an option reserved—in principle, at least—for the defense or restoration of international peace and security.
  • Noura Erakat
Paul Merrell

Lavon Affair - Wikipedia, the free encyclopedia - 0 views

  • The Lavon Affair refers to a failed Israeli covert operation, code named Operation Susannah, conducted in Egypt in the Summer of 1954. As part of the false flag operation,[1] a group of Egyptian Jews were recruited by Israeli military intelligence for plans to plant bombs inside Egyptian, American and British-owned civilian targets, cinema, library and American educational center. The attacks were to be blamed on the Muslim Brotherhood, Egyptian Communists, "unspecified malcontents" or "local nationalists" with the aim of creating a climate of sufficient violence and instability to induce the British government to retain its occupying troops in Egypt's Suez Canal zone.[2] The operation caused no casualties, except for those members of the cell who committed suicide after being captured.
  • After Israel publicly denied any involvement in the incident for 51 years, the surviving agents were officially honored in 2005 by being awarded certificates of appreciation by Israeli President Moshe Katzav.[3]
  • In the early 1950s, the United States initiated a more activist policy of support for Egyptian nationalism; this was often in contrast with British policies of maintaining its regional hegemony. Israel feared that this policy, which encouraged Britain to withdraw its military forces from the Suez Canal, would embolden Egyptian President Nasser's military ambitions towards Israel. Israel first sought to influence this policy through diplomatic means but was frustrated.[4] In the summer of 1954 Colonel Binyamin Gibli, the chief of Israel's military intelligence, Aman, initiated Operation Susannah in order to reverse that decision. The goal of the Operation was to carry out bombings and other acts of terrorism in Egypt with the aim of creating an atmosphere in which the British and American opponents of British withdrawal from Egypt would be able to gain the upper hand and block the British withdrawal from Egypt.
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  • According to historian Shabtai Teveth, who wrote one of the more detailed accounts, the assignment was "To undermine Western confidence in the existing [Egyptian] regime by generating public insecurity and actions to bring about arrests, demonstrations, and acts of revenge, while totally concealing the Israeli factor. The team was accordingly urged to avoid detection, so that suspicion would fall on the Muslim Brotherhood, the Communists, 'unspecified malcontents' or 'local nationalists'."[2]
  • The top-secret cell, Unit 131,[5] which was to carry out the operation, had existed since 1948 and under Aman since 1950. At the time of Operation Susannah, Unit 131 was the subject of a bitter dispute between Aman (military intelligence) and Mossad (national intelligence agency) over who should control it. Unit 131 operatives had been recruited several years before, when the Israeli intelligence officer Avram Dar arrived in Cairo undercover as a British citizen of Gibraltar called John Darling. He had recruited several Egyptian Jews who had previously been active in illegal emigration activities and trained them for covert operations.
  • Aman decided to activate the network in the Spring of 1954. On July 2, the cell firebombed a post office in Alexandria,[6] and on July 14, it bombed the libraries of the U.S. Information Agency in Alexandria and Cairo and a British-owned theater.
  • Before the group began the operation, Israeli agent Avri Elad (Avraham Zeidenberg) was sent to oversee the operations. Elad assumed the identity of Paul Frank, a former SS officer with Nazi underground connections. Avri Elad allegedly informed the Egyptians, resulting in the Egyptian Intelligence Service following a suspect to his target, the Rio Theatre, where a fire engine was standing by. Egyptian authorities arrested this suspect, Philip Natanson, when his bomb accidentally ignited prematurely in his pocket. Having searched his apartment, they found incriminating evidence and names of accomplices to the operation.
  • Several suspects were arrested, including Egyptian Jews and undercover Israelis. Colonel Dar and Elad had managed to escape. Two suspects, Yosef Carmon and Hungarian-born Israeli Meir Max Bineth committed suicide in prison.
  • The Egyptian trial began on December 11 and lasted until January 27, 1955; two of the accused (Moshe Marzouk and Shmuel Azar) were condemned to execution by hanging, two were acquitted, and the rest received lengthy prison terms. The trial was criticised in Israel as a show trial, although strict Israeli military censorship of the press, at the time, meant that the Israeli public was kept in the dark about the facts of the case and, in fact, were led to believe that the defendants were innocent.[7] There were allegations that evidence had been extracted by torture.[8] After serving seven-year jail sentences, two of the imprisoned operatives (Meir Meyuhas and Meir Za'afran) were released in 1962. The rest were eventually freed in February 1968, in a secret addendum to a prisoner of war exchange.
  • Soon after the affair, Mossad chief Isser Harel expressed suspicion to Aman concerning the integrity of Avri Elad. Despite his concerns, Aman continued using Elad for intelligence operations until 1956, when he was caught trying to sell Israeli documents to the Egyptians. Elad was tried in Israel and sentenced to 10 years imprisonment. During Elad's imprisonment in Ayalon Prison, the media were only able to refer to him as the "The Third Man" or "X" due to government censorship.[9] In 1976, whilst living in Los Angeles, Elad publicly identified himself as the "Third Man" from the Lavon Affair.[9] In 1980, Harel publicly revealed evidence that Elad had been turned by the Egyptians even before Operation Susannah.
  • Operation Susannah and the Lavon Affair turned out to be disastrous for Israel in several ways: Israel lost significant standing and credibility in its relations with the United Kingdom and the United States that took years to repair.[11] The political aftermath caused considerable political turmoil in Israel that affected the influence of its government.[12] In March 2005, Israel publicly honored the surviving operatives, and President Moshe Katsav presented each with a certificate of appreciation for their efforts on behalf of the state, ending decades of official denial by Israel.[13]
Paul Merrell

THE 9/11 READER. The September 11, 2001 Terror Attacks | Global Research - 0 views

  • GLOBAL RESEARCH ONLINE INTERACTIVE READER SERIES GR I-BOOK No.  7  THE 9/11 READER The September 11, 2001 Terror Attacks 9/11 Truth: Revealing the Lies,  Commemorating the 9/11 Tragedy
  • August 2012 The 911/ Reader is part of Global Research’s Online Interactive I-Book Reader, which brings together, in the form of chapters, a collection of Global Research feature articles, including debate and analysis, on a broad theme or subject matter.  To consult our Online Interactive I-Book Reader Series, click here.
  • Table of Contents of the 9/11 Reader In Part I, the 911 Reader provides a review of what happened on the morning of 9/11, at the White House, on Capitol Hill, the Pentagon, at Strategic Command Headquarters (USSTRATCOM), What was the response of the US Air Force in the immediate wake of the attacks?  Part II focusses on “What Happened on the Planes” as described in the 9/11 Commission Report. Part III sheds light on what caused the collapse of the World Trade Center buildings. It also challenges the official narrative with regard to the attack on the Pentagon. Part IV reviews and refutes the findings of the 9/11 Commission Report. Part V focusses on the issue of foreknowledge by Western intelligence agencies. Part VI examines the issue of how foreknowledge of the attacks was used as an instrument of insider trading on airline stocks in the days preceding September 11, 2001. The bonanza financial gains resulting from insurance claims to the leaseholders of the WTC buildings is also examined.
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  • Part VII focusses on the history and central role of Al Qaeda as a US intelligence asset. Since the Soviet-Afghan war, US intelligence has supported the formation of various jihadist organizations. An understanding of this history is crucial in refuting the official 9/11 narrative which claims that Al Qaeda, was behind the attacks. Part VIII centers on the life and death of 9/11 “Terror Mastermind” Osama bin Laden, who was recruited by the CIA in the heyday of the Soviet Afghan war. This section also includes an analysis of the mysterious death of Osama bin Laden, allegedly executed by US Navy Seals in a suburb of Islamabad in May 2011. Part  IX  focusses on “False Flags” and the Pentagon’s “Second 9/11″. Part X examines the issue of “Deep Events” with contributions by renowned scholars Peter Dale Scott and Daniele Ganser. Part XI  examines the structure of 9/11 propaganda which consists in “creating” as well “perpetuating” a  “9/11 Legend”. How is this achieved? Incessantly, on a daily basis, Al Qaeda, the alleged 9/11 Mastermind is referred to by the Western media, government officials, members of the US Congress, Wall Street analysts, etc. as an underlying cause of numerous World events. Part XII focusses on the practice of 9/11 Justice directed against the alleged culprits of the 9/11 attacks. The legitimacy of 9/11 propaganda requires fabricating “convincing evidence” and “proof” that those who are accused actually carried out the attacks. Sentencing of Muslims detained in Guantanamo is part of war propaganda. It depicts innocent men who are accused of the 9/11 attacks, based on confessions acquired through systematic torture throughout their detention. Part  XIII focusses on 9/11 Truth.  The objective of 9/11 Truth is to ultimately dismantle the propaganda apparatus which is manipulating the human mindset. The 9/11 Reader concludes with a retrospective view of 9/11 ten years later.
  • PART  I Timeline: What Happened on the Morning of September 11, 2001 Nothing Urgent: The Curious Lack of Military Action on the Morning of September. 11, 2001 - by George Szamuely – 2012-08-12 Political Deception: The Missing Link behind 9-11 - by Michel Chossudovsky – 2002-06-20 On the morning of September 11, Pakistan’s Chief Spy General Mahmoud Ahmad, the alleged “money-man” behind the 9-11 hijackers, was at a breakfast meeting on Capitol Hill hosted by Senator Bob Graham and Rep. Porter Goss, the chairmen of the Senate and House Intelligence committees. 9/11 Contradictions: Bush in the Classroom - by Dr. David Ray Griffin – 2008-04-04 9/11 Contradictions: When Did Cheney Enter the Underground Bunker? - by David Ray Griffin – 2008-04-24 VIDEO: Pilots For 9/11 Truth: Intercepted Don’t miss this important documentary, now on GRTV - 2012-05-16
  • PART II What Happened on the Planes “United 93″: What Happened on the Planes? - by Michel Chossudovsky – 2006-05-01   Phone Calls from the 9/11 Airliners Response to Questions Evoked by My Fifth Estate Interview - by Prof David Ray Griffin – 2010-01-12 Given the cell phone technology available in 2001, cell phone calls from airliners at altitudes of more than a few thousand feet, were virtually impossible Ted Olson’s Report of Phone Calls from Barbara Olson on 9/11: Three Official Denials - by David Ray Griffin – 2008-04-01 Ted Olson’s report was very important. It provided apparent “evidence” that American 77 had struck the Pentagon.
  • PART III What Caused the Collapse of The WTC Buildings and the Pentagon? The Destruction of the World Trade Center: Why the Official Account Cannot Be True - by Dr. David Ray Griffin – 2006-01-29 The official theory about the Twin Towers says that they collapsed because of the combined effect of the impact of the airplanes and the resulting fires Evidence Refutes the Official 9/11 Investigation: The Scientific Forensic Facts - by Richard Gage, Gregg Roberts – 2010-10-13 VIDEO: Controlled Demolitions Caused the Collapse of the World Trade Center (WTC) buildings on September 11, 2001 - by Richard Gage – 2009-09-20 VIDEO: 9/11: The Myth and The Reality Now on GRTV - by Prof. David Ray Griffin – 2011-08-30 Undisputed Facts Point to the Controlled Demolition of WTC 7 - by Richard Gage – 2008-03-28 VIDEO: 9/11 Explosive Evidence: Experts Speak Out See the trailer for this ground-breaking film on GRTV - 2011-08-03 9/11: “Honest Mistake” or BBC Foreknowledge of Collapse of WTC 7? Jane Standley Breaks Her Silence - by James Higham – 2011-08-18 The Collapse of WTC Building Seven. Interview. Comment by Elizabeth Woodworth - by David Ray Griffin – 2009-10-17   Building What? How SCADs Can Be Hidden in Plain Sight: The 9/11 “Official Story” and the Collapse of WTC Building Seven - by Prof David Ray Griffin – 2010-05-30 Besides omitting and otherwise falsifying evidence, NIST also committed the type of scientific fraud called fabrication, which means simply “making up results.” VIDEO; Firefighters’ Analysis of the 9/11 Attacks Refutes the Official Report - by Erik Lawyer – 2012-08-27 VIDEO: Pentagon Admits More 9/11 Remains Dumped in Landfill - by James Corbett – 2012-03-01 The Pentagon revealed that some of the unidentifiable remains from victims at the Pentagon and Shanksville sites on September 11, 2001 were disposed of in a landfill. 9/11: The Attack on the Pentagon on September 11, 2001 The Official Version Amounts to an Enormous Lie - by Thierry Meyssan – 2012-08-16
  • PART IV Lies and Fabrications: The 9/11 Commission Report A National Disgrace: A Review of the 9/11 Commission Report - by David Ray Griffin – 2005-03-24 The 9/11 Commission Report: A 571 Page Lie - by Dr. David Ray Griffin – 2005-09-08 September 11, 2001: 21 Reasons to Question the Official Story about 9/11 - by David Ray Griffin – 2008-09-11 911 “Conspiracy Theorists” Vindicated: Pentagon deliberately misled Public Opinion Military officials made false statements to Congress and to the 911 Commission - by Michel Chossudovsky – 2006-08-02 The 9/11 Commission’s Incredible Tales Flights 11, 175, 77, and 93 - by Prof. David Ray Griffin – 2005-12-13 9/11 and the War on Terror: Polls Show What People Think 10 Years Later - by Washington’s Blog – 2011-09-10
  • PART  V Foreknowledge of 9/11   VIDEO: The SECRET SERVICE ON 9/11: What did the Government Know? Learn more on this week’s GRTV Feature Interview - by Kevin Ryan, James Corbett – 2012-04-10 9/11 Foreknowledge and “Intelligence Failures”: “Revealing the Lies” on 9/11 Perpetuates the “Big Lie” - by Prof. Michel Chossudovsky – 2011-09-14 “Foreknowledge” and “Failure to act” upholds the notion that the terrorist attacks (“act of war”) “waged by Muslims against America” are real, when all the facts and findings point towards coverup and complicity at the highest levels of the US government. Foreknowledge of 9/11 by Western Intelligence Agencies - by Michael C. Ruppert – 2012-08-21
  • PART XII Post 9/11 “Justice” IRAN ACCUSED OF BEING BEHIND 9/11 ATTACKS. U.S. Court Judgment, December 2011 (Havlish v. Iran) - by Julie Lévesque – 2012-05-11 U.S. Court Judgment, December 2011 (Havlish v. Iran) “American Justice”: The Targeted Assassination of Osama Bin Laden Extrajudicial executions are unlawful - by Prof. Marjorie Cohn – 2011-05-10 ALLEGED “MASTERMIND” OF 9/11 ON TRIAL IN GUANTANAMO: Military Tribunals proceed Despite Evidence of Torture - by Tom Carter – 2012-05-30 U.S. Military Drugged Detainees to Obtain FALSE Confessions Self-confessed 9/11 “mastermind” falsely confessed to crimes he didn’t commit - by Washington’s Blog – 2012-07-15 911 MILITARY TRIAL: Pentagon Clears Way for Military Trial of Five charged in 9/11 Attacks - by Bill Van Auken – 2012-04-06 Khalid Sheikh Mohammed’s trial will convict us all - by Paul Craig Roberts – 2009-11-25
  • PART VII 9/11 and the “Global War on Terrorism” (GWOT) Political Deception: The Missing Link behind 9-11 - by Michel Chossudovsky – 2002-06-20 On the morning of September 11, Pakistan’s Chief Spy General Mahmoud Ahmad, the alleged “money-man” behind the 9-11 hijackers, was at a breakfast meeting on Capitol Hill hosted by Senator Bob Graham and Rep. Porter Goss, the chairmen of the Senate and House Intelligence committees. 9/11 ANALYSIS: From Ronald Reagan and the Soviet-Afghan War to George W Bush and September 11, 2001 - by Michel Chossudovsky – 2010-09-09 Osama bin Laden was recruited by the CIA in 1979. The US spent millions of dollars to supply Afghan schoolchildren with textbooks filled with violent images and militant Islamic teachings.     The Central Role of Al Qaeda in Bush’s National Security Doctrine “Revealing the Lies” on 9/11 Perpetuates the “Big Lie” - by Michel Chossudovsky – 2007-07-12 September 11, 2001: America and NATO Declare War on Afghanistan NATO’s Doctrine of Collective Security - by Michel Chossudovsky – 2009-12-21   America’s Holy Crusade against the Muslim World. - by Michel Chossudovsky – 2010-08-30 What is now unfolding is a generalized process of demonization of an entire population group
  • Osamagate - by Michel Chossudovsky – 2001-10-09 The main justification for waging this war has been totally fabricated. The American people have been deliberately and consciously misled by their government into supporting a major military adventure which affects our collective future. The “Demonization” of Muslims and the Battle for Oil - by Michel Chossudovsky – 2007-01-04 Muslim countries possess three quarters of the World’s oil reserves. In contrast, the United States of America has barely 2 percent of total oil reserves.   Was America Attacked by Muslims on 9/11? - by David Ray Griffin – 2008-09-10 Much of US foreign policy since 9/11 has been based on the assumption that America was attacked by Muslims on 9/11.   New Documents Detail America’s Strategic Response to 9/11 Rumsfeld’s War Aim: “Significantly Change the World’s Political Map” - by National Security Archive – 2011-09-12
  • PART VIII The Alleged 9/11 Mastermind: The Life and Death of  Osama bin Laden Who Is Osama Bin Laden? - by Michel Chossudovsky – 2001-09-12   VIDEO: The Last Word on Osama Bin Laden - by James Corbett – 2011-05-24 Osama bin Laden: A Creation of the CIA - by Michel Chossudovsky – 2011-05-03 Interview with Osama bin Laden. Denies his Involvement in 9/11 Full text of Pakistani paper’s Sept 01 “exclusive” interview - 2011-05-09 Where was Osama on September 11, 2001? - by Michel Chossudovsky – 2008-09-11 On September 10. 2001, Osama was in a Pakistan military hospital in Rawalpindi, courtesy of America’s indefectible ally Pakistan Osama bin Laden, among the FBI’s “Ten Most Wanted Fugitives”: Why was he never indicted for his alleged role in 9/11? - by Michel Chossudovsky – 2006-09-17 Osama bin Laden: Already Dead… Evidence that Bin Laden has been Dead for Several Years - by Prof. David Ray Griffin – 2011-05-02 The Mysterious Death of Osama bin Laden: Creating Evidence Where There Is None - by Dr. Paul Craig Roberts – 2011-08-04 The Assassination of Osama bin Laden: Glaring Anomalies in the Official Narrative Osama was Left Handed… - by Felicity Arbuthnot – 2011-05-11 The Assassination of Osama Bin Laden - by Fidel Castro Ruz – 2011-05-07 Dancing on the Grave of 9/11. Osama and “The Big Lie” - by Larry Chin – 2011-05-05
  • PART  IX  ”False Flags”: The Pentagon’s Second 9/11 The Pentagon’s “Second 911″ “Another [9/11] attack could create both a justification and an opportunity to retaliate against some known targets” - by Michel Chossudovsky – 2006-08-10 The presumption of this military document, is that a Second 911 attack “which is lacking today” would usefully create both a “justification and an opportunity” to wage war on “some known targets Crying Wolf: Terror Alerts based on Fabricated Intelligence - by Michel Chossudovsky – 2006-08-20 This is not the first time that brash and unsubstantiated statements have been made regarding an impending terror attack, which have proven to be based on “faulty intelligence”.
  • PART X “Deep Events” and State Violence The Doomsday Project and Deep Events: JFK, Watergate, Iran-Contra, and 9/11 - by Prof. Peter Dale Scott – 2011-11-22 The Doomsday Project is the Pentagon’s name for the emergency planning “to keep the White House and Pentagon running during and after a nuclear war or some other major crisis.” JFK and 9/11 Insights Gained from Studying Both - by Dr. Peter Dale Scott – 2006-12-20 In both 9/11 and the JFK assassination, the US government and the media immediately established a guilty party. Eventually, in both cases a commission was set up to validate the official narrative. Able Danger adds twist to 9/11 9/11 Ringleader connected to secret Pentagon operation - by Dr. Daniele Ganser – 2005-08-27 Atta was connected to a secret operation of the Pentagon’s Special Operations Command (SOCOM) in the US. A top secret Pentagon project code-named Able Danger identified Atta and 3 other 9/11 hijackers as members of an al-Qaida cell more than a year before the attacks. 9/11, Deep State Violence and the Hope of Internet Politics - by Prof. Peter Dale Scott – 2008-06-11 The unthinkable – that elements inside the state would conspire with criminals to kill innocent civilians – has become thinkable… Al Qaeda: The Database. - by Pierre-Henri Bunel – 2011-05-12
  • PART XI Propaganda: Creating and Perpetuating the 9/11 Legend September 11, 2001: The Propaganda Preparation for 9/11: Creating the Osama bin Laden “Legend” - by Chaim Kupferberg – 2011-09-11 THE 9/11 MYTH: State Propaganda, Historical Revisionism, and the Perpetuation of the 9/11 Myth - by Prof. James F. Tracy – 2012-05-06   Al Qaeda and Human Consciousness: Al Qaeda, Al Qaeda…. An Incessant and Repetitive Public Discourse - by Prof. Michel Chossudovsky – 2012-03-24 9/11 Truth, Inner Consciousness and the “Public Mind” - by James F. Tracy – 2012-03-18
  • PART VI Insider Trading and the 9/11 Financial Bonanza 9/11 Attacks: Criminal Foreknowledge and Insider Trading lead directly to the CIA’s Highest Ranks CIA Executive Director “Buzzy” Krongard managed Firm that handled “Put” Options on UAL - by Michael C. Ruppert – 2012-08-13 The 9/11 Attacks on the World Trade Center (WTC): Unspoken Financial Bonanza - by Prof Michel Chossudovsky – 2012-04-27 SEPTEMBER 11, 2001: Insider Trading 9/11 … the Facts Laid Bare - by Lars Schall – 2012-03-20 Osama Bin Laden and The 911 Illusion: The 9/11 Short-Selling Financial Scam - by Dean Henderson – 2011-05-09
  • PART XIII 9/11 Truth Revealing the Lies,  Commemorating the 9/11 Tragedy VIDEO: Commemorating the 10th Anniversary of 9/11 - by Prof. Michel Chossudovsky – 2011-09-01 VIDEO: AFTER 9/11: TEN YEARS OF WAR Special GRTV Feature Production - by James Corbett – 2011-09-08
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    Wow!
Paul Merrell

Case of Navy nurse who refused to force-feed could put Guantánamo hunger stri... - 0 views

  • No decision has been made on whether the U.S. Navy will court-martial a nurse who refused to force-feed hunger strikers at Guantánamo during the summer, the nurse’s commander says.But those who are watching the case say a military trial could put a spotlight on both Guantánamo’s hunger-strike policy and how the military manages medical-ethics issues. Retired Navy Capt. Albert J. Shimkus Jr., who teaches at the U.S. Navy War College in Newport, R.I., calls it “an important time, not only for this individual but also an important time for military medicine and how we interact with our patient and the process by which these decisions are made.”
  • The nurse, who has been identified as a Navy lieutenant, reportedly turned conscientious objector after handling months of feedings. He was sent home early to the Naval Health Clinic New England in Newport, R.I., this month after serving with the 139-member Navy medical staff assigned to care for Guantánamo’s 149 detainees.
  • At Guantánamo, “there was an investigation done and currently it’s under review. The process has started.”
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  • As the lieutenant’s commander, it would be up to Pennington to decide what, if any, disciplinary action to pursue. Typically that starts with what is called a 15-6 investigation: a description of what happened and a recommendation of whether to order a court-martial. The captain would not say whether that was the investigation she had received. Whatever the outcome, two former senior military medical officers said the case would serve as a significant precedent in this, the 13th year of the detention center at the U.S. enclave in southeast Cuba, where an undisclosed number of the 149 captives were on a hunger strike Thursday.
  • The case is also likely to drive a review of “the process of how to recuse oneself” when a health provider in uniform navigates the “dual loyalty question” of obligation to the nation versus the obligation to the patient. Retired Army Brig Gen. Stephen Xenakis, a psychiatrist who has examined Guantánamo captives, also says a court-martial could end up putting Guantánamo hunger-strike policy on trial.During the 1980s, he notes, military doctors were allowed not only to refuse to perform abortions but also to proclaim their opposition to doing them, “and we didn’t prosecute them.” But something about medical autonomy changed during the war on terror. “The issue is that, with this war, there has been a shift in what has been the professional autonomy of clinicians. They’ve been subordinated to the combat arms, to the war-fighters,” says Xenakis.
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    The case may well put the Gitmo hunger-strike policy on trial. All U.S. military officers are under a general order to disobey unlawful commands. Therefore, it is conceivable to me that the nurse's best defense may well be that the order to force-feed the prisoners was unlawful.
Paul Merrell

War court judge orders Pentagon to replace USS Cole trial overseer | Miami Herald Miami... - 0 views

  • The military judge presiding at the USS Cole death-penalty trial ordered the Pentagon to replace the senior official and his staff overseeing the war-court process, ruling a since-revoked requirement for judges to live at Guantánamo until a trial is over appeared to be unlawful meddling.Air Force Col. Vance Spath, the judge, issued the ruling in court Monday following a week of hearings that showed behind-the-scenes planning at the Pentagon on how to perhaps replace military judges and speed along the pretrial process.Prosecutors defended the planning by the legal staff of the so-called convening authority for military commissions, retired Marine Maj. Gen. Vaughn Ary, as routine brainstorming on resourcing of the war court.Defense lawyers called the move-in order illegal, a crime in military justice called “unlawful command influence,” that was designed to unfairly rush the death-penalty trial of Saudi captive Abd al Rahim al Nashiri, 50, as the alleged mastermind the USS Cole bombing.
  • They wanted the judge to dismiss the case. But while Spath was still taking evidence, Deputy Secretary of Defense Robert O. Work quickly revoked the controversial order — meaning judges hearing war-crimes cases now may keep their prestigious regular duties and simultaneously preside at Guantánamo military commissions cases.Spath, in court Monday, called dismissal “not appropriate” in this instance. Instead, he disqualified Ary and four lawyers who worked on the move-in requirement: retired Army Col. Mark Toole, Army Reserves Lt. Col. Alyssa Adams, Navy Reserve Cmdr. Raghav Kotval, and Army Capt. Matthew Rich.He ordered the Pentagon to replace them in the USS Cole case — meaning a new convening authority would fund and assign Nashiri’s legal-team resources and pick the pool of military officers for his eventual jury.
  • Spath also cut an upcoming two-week pretrial hearing at Guantánamo back to just one week, he said, to demonstrate “this detailed trial judge feels no pressure to accelerate the pace of this litigation.”
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  • Monday, Spath bristled at the notion that pretrial hearings could be accelerated.“This is a complicated international terrorism case under a relatively new statutory scheme with an unprecedented amount of classified evidence,” he said.In last week’s hearings, Nashiri’s attorneys uncovered a plan to relieve Spath of his Guantánamo cases and leave him in his full-time duties as chief of the Air Force Judiciary — a behind-the-scenes development that Spath said was particularly troubling.Ary had staff crunch costs of conducting commuter hearings here at remote Camp Justice — flights, translators, etc. — and figured that 34 days of hearings in 2014 cost $2,294,117 million for each day the court was open. That works out to $458,823 an hour on mostly tangential pretrial issues — or $7,647 a minute. Staff also tallied how many hours each judge spent on the bench at Guantánamo.
  • Three judges are hearing three terror cases: ▪ Army Col. James L. Pohl, presiding in the Sept. 11 capital murder conspiracy trial of Khalid Sheik Mohammed and four alleged accomplices. He ruled without taking testimony last week that there was an appearance of unlawful interference. He had halted proceedings and threatened more action until the Pentagon revoked the move-in order.▪ Judge Spath in the USS Cole case, who said Monday that Work’s revocation of the relocation rule was not a sufficient remedy. He said the attempted effort of unlawful influence appeared to “cast a cloud” over the independence of the judiciary but did not succeed because he would allow no one to rush him. Ary’s role, he ruled, is to resource the judiciary — “most certainly not an entity that sets the pace of litigation.”▪ The non-capital prosecution of Abd al Hadi al Iraqi, who is accused of commanding al-Qaida forces that allegedly committed war crimes while resisting the 2001 U.S. invasion in Afghanistan. Hadi’s judge, Navy Capt. J.K. Waits, has listed the unlawful-influence question, and whether to dismiss the case, as first up on the docket of his next hearing, March 23.
  • Hadi’s lawyers were watching Spath’s decision to see what, if any, remedy they would seek from their Navy judge who is based in Naples, Italy, and commutes to Cuba to preside in the case.It was disclosed over the weekend that Waits has lifted an order on the prison forbidding female troops from touching Hadi, a development that, like the move-in order, had stirred controversy.Spath’s move rejecting a “convening authority” has precedent in the war court that President George W. Bush built and President Barack Obama reformed.In 2008, before the reforms, a Navy judge in the case of Osama bin Laden’s driver disqualified the then-military commissions legal adviser, Air Force Brig. Gen. Thomas W. Hartmann, as not being fair and balanced. The legal adviser in that version of the war court had some of the duties of the current convening authority.
Paul Merrell

Turkish Military Attempts Coup, Declares Martial Law - nsnbc international | nsnbc inte... - 0 views

  • Turkey’s military has launched a coup, taken over key administrative buildings and media, and declared that the step was taken to reinstate constitutional law and order.
  • The armed forces are stressing that all international agreements are still in force and valid, and that the armed forces hope that all of Turkey’s good relations with other countries will continue. Armed troops and military vehicles closed down two bridges in Istanbul Friday evening while low flying military jets were patrolling the skies. Jets were also patrolling the skies above Ankara. Eyewitnesses report about military and gunfire in the capital Ankara.
  • round midnight local time the broadcaster TRT announced that Turkey now was governed by a Peace Council, that would ensure the safety of the people. Tanks have been deployed at the suburbs and around Istanbul and in other locations throughout the city. There is uncertainty whether an off-the-air period of the State TV broadcaster TRT TV is intermediate, as State TV usually play vital roles in coups.
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  • Turkey’s Prime Minister Binali Yildirim said that Turkey is says his nation is dealing with an attempted coup staged by members of the military.
  • Yildrim added that it is the government that has been elected by the people remains in charge and that the government only will go when the people tell it to do so. The whereabouts of President R. Tayyip Erdogan who reportedly was on vacation in the Turkish resort town of Bodrum are currently unknown or unannounced. It identity of the military leaders behind the coup are, at the time of the writing of this article also unknown to nsnbc. It would not be unlikely that the coup is led by republican nationalists within the military and that the coup or attempted coup in part is a reaction to what leading military figures, politicians  and intellectuals long have described the AKP’s de-facto political coup de etat that was enabled after the government of then PM Erdogan detained some 300 military officers and others, launching the notorious Ergenekon and Balyoz trials.
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    Bye-bye, Erdogan? Or is this Erdogan assuming dictatorial powers?
Paul Merrell

Secret program at secret Guantánamo prison hears everything | Miami Herald - 0 views

  • A secret Defense Department program provides unfettered eavesdropping on the accused terrorists imprisoned at Guantánamo’s clandestine Camp 7 lockup, recently released war court documents show.Army Col. James L. Pohl, the judge in 9/11 trial, discovered the existence of the secret surveillance program during a recent war court hearing. Little is publicly known about the program, not even its unclassified two-word nickname.
  • The disclosure of pervasive eavesdropping at Guantánamo’s lockup for 14 former CIA prisoners comes in before-and-after documents released by the court from the recent Oct. 19-30 pretrial hearings in the death-penalty case of five men accused of orchestrating the hijackings that killed nearly 3,000 people on Sept. 11, 2001.At issue was accused 9/11 plotter Walid bin Attash’s request for guidance on how he could function as his own attorney. Bin Attash is a Yemeni in his mid-30s who is accused of training some of the hijackers. “You must assume anything you say in Camp 7 is not confidential and will be disclosed to the U.S. Government,” warns an Oct. 23 draft of the advisory, crafted after the judge was informed of the covert program. “Only when you are in Echo 2 will anything you say be covered by the attorney-client privilege.”An Oct. 20 draft of the advisory omits those lines.
  • This is not the first time in the proceedings that a surveillance program caught Pohl by surprise. In January 2013, he ordered the CIA to unplug a button that allowed an unseen observer to cut the court’s audio feed to the public. Perhaps ironically, the lone site the judge considers safe for consultative trial preparation — the Camp Echo compound of wooden huts, each containing a cell — at one time had covert recording devices that looked like smoke detectors. The judge ordered them disabled in February 2013.Attorney Dror Ladin of the American Civil Liberties Union, who was an observer at the Guantánamo hearings last month, said the apparent disclosure of “pervasive surveillance at Camp 7” is the latest issue to challenge the possibility of a fair trial.“It is shocking that for years neither defense counsel nor the judge were made aware that the government was capturing everything said aloud by the detainees there,” he said Thursday. It also adds to mounting questions of “how these military commissions can produce a fair result,” said Ladin, especially if one of the men represents himself. “These are detainees who really can’t see the evidence against them and simultaneously have been provided no rehabilitation services for the torture they suffered for years. It would be astonishing if any of them could craft a fair defense for capital charges.”
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  • A defense attorney in another case said the prosecution wants to use a surreptitiously recorded conversation between two Camp 7 captives against an alleged al-Qaida commander. And in 2012 the journalist Daniel Klaidman wrote in his book “Kill or Capture” that the U.S. government had recordings made in a Guantánamo prison recreation yard of the alleged Sept. 11 mastermind Khalid Sheik Mohammed talking about evidence that could be used against him.The latest disclosure comes at a time of decreasing transparency at the war court.On Oct. 29, the judge held a 13-minute secret session without advanced notice to the public. A day later the judge wrote in a three-page ruling that he closed the court at the request of “the Government” — war-court-speak for the prosecution — to protect state secrets whose disclosure “could result in grave danger to national security.”Pohl also ordered the court to issue a censored transcript of the parts the excluded public and accused would be allowed to see. No transcript has been released.Then the next day, Oct. 30, the judge held a daylong, open hearing on a restraining order he issued forbidding female guards from touching the 9/11 accused when they are being taken to court or legal meetings. The judge’s order has outraged members of Congress and the Pentagon brass.
  • In that public court hearing, soldiers called as witnesses from the prison discussed staffing patterns at Camp 7. Normally the Pentagon releases transcripts of open hearings the same day. Unusually, the court has not yet released the Oct. 30 transcript. A Pentagon spokesman suggested Thursday — 13 days after the open court hearing — that somebody was scrubbing the transcript of information already made public. “The security review of the Oct. 30 transcript remains ongoing,” said Navy Cmdr. Gary Ross. “We will provide an update once additional information becomes available.”Much of the October session focused on bin Attash’s question about how he’d act as his own lawyer in a system that does not let the accused terrorist see classified information in the case. The judge and attorneys devoted days to designing a script Pohl would read to any accused 9/11 terrorist who tries to take charge of his defense — and spent a full afternoon huddling in a closed meeting on the secret program.
  • In it, Pohl made clear that he never intended to let bin Attash dismiss his Pentagon-paid defense attorneys — Chicago criminal defense attorney Cheryl Bormann and Air Force Maj. Michael Schwartz. Instead, the script shows Pohl planned to appoint Bormann and Schwartz as “standby counsel” the judge could activate to carry out cross-examination of certain witnesses who might have “particular sensitivities” to being questioned by the alleged terrorist.“If you are represented by lawyers, then it is the lawyers, and not you, who will conduct the defense,” the warning says. “Correspondingly, if you represent yourself, you will be able to perform the lawyer’s core functions, but you will not necessarily be allowed to direct special appearances by counsel when it is convenient to you.”The language suggests a far more limited role by the American lawyers than those carried out in an aborted attempt to hold the Sept. 11 trial during the Bush administration. In those proceedings, alleged 9/11 terrorists serving as their own lawyer regularly had standby counsel write and argue motions in court.The script also envisions a scenario in which an accused 9/11 plotter serving as his own lawyer becomes unruly, disruptive or disobedient rather than respect “the dignity of the courtroom.” In such a case, the judge said he could deal with “obstructionist misconduct” by putting “physical restraints” on bin Attash or ejecting him from the court.Bin Attash, for his part, has not been noticeably disruptive across years of pretrial proceedings. An amputee, he was brought to his May 5, 2012 arraignment in a Guantánamo prison restraint chair routinely used for forced-feeding of hunger strikers — with guards carrying his prosthetic leg separately.
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    It's long past time to recognize that the military cannot provide a fair trial for GITMOI detainees, transfer them to the U.S., and try them in a civilian Article II court. If this kind of crap were going down before an Article II judge, those conducting the surveillance would be sitting in jail. 
Paul Merrell

Defending Dissent » New Docs Show Army Coordinated Spy Ring - 1 views

  • Army illegally supplied  intelligence on nonviolent antiwar protesters to FBI and police in multiple states Tacoma, WA – Recently obtained public records confirm an Army-led, multi-agency spy network that targeted “leftists/anarchists” as domestic terrorists. The Army used illegal infiltration to gather information on nonviolent antiwar protesters, disseminate it to the FBI and police departments in multiple states, and in some cases used it to disrupt planned protests by preemptively and falsely arresting activists. Public records obtained last month by Olympia activist Paul French reveal new evidence in the widely-watched Army spying case Panagacos v. Towery. An email from November 2007, in particular, shows that intelligence analyst John J. Towery was paid by the Army to infiltrate political groups and share unlawfully obtained intelligence with a growing network of law enforcement agencies, including the FBI, and police departments in Los Angeles, Portland, Eugene, Everett, and Spokane. The Towery email not only represents a broader spying program than previously thought, it also confirms the program was led by the Army, a fact contradicted by Towery’s 2009 sworn statements.
  • “The latest revelations show how the Army not only engaged in illegal spying on political dissidents, it led the charge and tried to expand the counterintelligence network targeting leftists and anarchists,” said Larry Hildes, a National Lawyers Guild attorney who filed the Panagacos lawsuit in 2010. “By targeting activists without probable cause, based on their ideology and the perceived political threat they represent, the Army clearly broke the law and must be held accountable.” Previously obtained public records indicate that absent such accountability, the Army will continue to spy on and target protesters, which it did until at least 2010, long after Towery’s identity was exposed. Public records previously obtained in 2009 already established that over a two-year period beginning in 2006, Towery (under the alias “John Jacob”) spied on the Olympia antiwar group Port Militarization Resistance (PMR) as well as several other organizations, including Students for a Democratic Society, the Industrial Workers of the World, and Iraq Veterans Against the War. It has also already been established that Towery’s intelligence was passed on to the Washington State Fusion Center, a communications hub of  local, state and federal law enforcement, and then used by local police to target activists for repeated harassment, preemptive and false arrest, excessive use of force, and malicious prosecution
  • The recently disclosed Towery email was a follow-up to a 2007 Domestic Terrorism Conference he attended in Spokane, during which “domestic terrorist” dossiers on some of the Panagacos plaintiffs were distributed. The Towery email shows the development of a multi-agency spying apparatus in intimate detail. “I thought it would be a good idea to develop a leftist/anarchist mini-group for intel sharing and distro,” wrote the Army analyst to several law enforcement officials. Towery references books, “zines and pamphlets,” and a “comprehensive web list” as source material, but cautions the officials on file sharing “because it might tip off groups that we are studying their techniques, tactics and procedures.” Towery, who worked at Joint Base Lewis-McChord, not only coordinated his actions with local, state and federal law enforcement agencies, many of whom are named defendants in the Panagacos case, he also admitted to eavesdropping on a confidential, privileged attorney-client email listserv of criminal defendants and their legal counsel. Such conduct is considered a constitutional violation, but Towery also took sensitive information from the listserv vital to a pending criminal trial in 2007 and passed it on to fusion center officials who then transmitted it to prosecutors, forcing a mistrial in a case the defense was winning handily. The case was later dismissed for prosecutorial misconduct.
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  • The public records disclosure comes as government spying and criticism of the National Security Agency’s surveillance program has reached a fever pitch. However, a little-known and rarely, if ever, enforced law from 1878 distinguishes the spying under Panagacos from that of the NSA. The Posse Comitatus Act prohibits the military from enforcing domestic laws on U.S. soil by making such actions a Gross Misdemeanor, yet to-date no official has been prosecuted under the Act. Instead of conceding to the violations, the Army is currently using the Panagacos case to try to seal nearly 10,000 pages of documents, many of which are incriminating and embarrassing to the government. The legal effort to unseal those documents will play out over the next few weeks. The Obama Administration tried to dismiss the Panagacos lawsuit, but in a Ninth Circuit decision from December 2012 the court rejected the government’s arguments, ruling that allegations of First and Fourth Amendment violations were “plausible,” and ordered the case to proceed to trial. The lawsuit was filed on behalf of seven PMR members who sought to oppose the wars in Iraq and Afghanistan through nonviolent civil disobedience and is being heard by U.S. District Court Judge Ronald B. Leighton. In addition to Towery, named defendants in Panagacos include Thomas Rudd, one of Towery’s superiors at Joint Base Lewis-McChord, the U.S. Army, Navy, and Coast Guard, as well as certain officials within its ranks, the City of Olympia and its police department, the City of Tacoma and its police department, Pierce County, and various personnel from those jurisdictions.
  • Panagacos v. Towery is currently in the discovery stage and is scheduled to go to trial in June 2014. Further information: Recently disclosed Towery email Panagacos lawsuit complaint Domestic terrorism dossiers on plaintiffs
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    One I had missed from February, 2014. I believe I had bookmarked something about this before the lawsuit was filed. Now not only has the case been filed but the alleged grounds for the lawsuit have been greenlighted by the 9th U.S. Circuit Court of Appeals. If you click through the link to the court's opinion, you'll find one of the Ninth Circuit's shorter opinions, less than five pages, which does not even mention that the defendants were employed by the U.S. Army or any branch of government, while still rejecting their claim of government officials' qualified immunity from suit for the alleged First and Fourth Amendment violations. The third amended complaint sufficiently alleged facts to support claims that had been clearly established as violative of the First and Fourth Amendments.   It's clear that the plaintiffs have smoking gun evidence and that the National Lawyers' Guild is all over this one. Trial is scheduled next month, according to the article. It's just under 300 miles from here to Seattle, but I just might make the trip to watch a few days of this trial. Strong First Amendment cases for damages that survive appellate review of the qualified immunity nearly always settle before trial. But this one smells like it is going to trial for publicity purposes even if not for the vindication of rights, considering the nature of the organizations involved both as targets of the surveillance and their lawyers. It's great entertainment watching government guys and gals squirm on the witness stand when they've been caught violating civil rights. In criminal cases, invoking the Fifth Amendment right against self-incrimination cannot be taken as evidence of guilt. But in a federal civil rights case, that entitles the plaintiffs to have the jury instructed that it can infer liability from the resort to the Fifth Amendment to refuse answering questions.  Better back in the day when I was the lawyer asking the questions. But it's still great fun just to watch
Paul Merrell

Israel Banned Renowned Doctor and Human Rights Activist Mads Gilbert from Entering Gaza... - 0 views

  • Israel has banned Norwegian doctor and human rights activist Mads Gilbert from entering Gaza for life. Gilbert, a professor at the University Hospital of North Norway, where he has worked since 1976, earned international renown for his philanthropic work in late 2008, during Israel’s Operation Cast Lead, an attack that, according to Israeli human rights organization B’Tselem, killed roughly 1,400 Gazans, including almost 800 civilians, 350 of whom were children. The aid worker, along with fellow Norwegian doctor Erik Fosse, decided to volunteer in Gaza as soon as he heard that bombing had started, on 27 December 2008. Thanks to diplomatic and economic support (in the sum of $1 million dollar of emergency funding from the Norwegian Ministry of Foreign Affairs), the two physicians managed to arrive in the strip by 30 December.
  • The Israeli government prevented all international press from entering Gaza during Cast Lead (a documentary, The War Around Us, was made about the only two foreign reporters in the strip at the time), in what Gilbert called Israel’s insidious “PR plan.” The doctor, as one of the only international aid workers in Gaza, thus devoted considerable time to speaking with local Palestinian news outlets, some of whom were reporting on behalf of foreign networks including BBC, CNN, ABC, and Al Jazeera. BBC aired an interview with Gilbert, conducted in the hospital. The questions asked, and the answers garnered, were eerily similar to those he would give just five years later, during Operation Protective Edge. The interviewer began asking him to respond to Israel’s claims that it was not targeting civilians, that it was only attacking Hamas militants. Gilbert called the claim “an absolutely stupid statement” and explained that, among the hundreds of patients he had seen at that point, only two had been fighters. The “large majority” were women, children, and men civilians. “These numbers are contradictory to everything Israel says,” he reported.
  • The doctor directed one heart-wrenching passage to President Obama, writing “Mr Obama – do you have a heart? I invite you – spend one night – just one night – with us in Shifa. I am convinced, 100 per cent, it would change history. Nobody with a heart and power could ever walk away from a night in Shifa without being determined to end the slaughter of the Palestinian people.” Israel later attacked Shifa hospital. Doctors Without Borders (MSF) “strongly condemn[ed]” the incursion, saying it “demonstrate[d] how civilians in Gaza have nowhere safe to go.” MSF director Marie-Noëlle Rodrigue stated, in an official statement, “When the Israeli army orders civilians to evacuate their houses and their neighborhoods, where is there for them to go? Gazans have no freedom of movement and cannot take refuge outside Gaza. They are effectively trapped.” Shifa was one of the over 10 medical facilities Israel bombed in its 50-day offensive.
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  • Gilbert drew attention to the fact that the overflowing hospital did not have enough supplies to treat all of its patients, and censured the international community for doing nothing to assist them. Israel would not let in foreign doctors, and yet Palestinians were “dying waiting for surgery.” “This is a complete disaster,” he remarked, calling it “the worst man-made disaster” he could think of. “There are injuries you just don’t want to see in this world.” Operation Protective Edge In 2008 and 2009, Gilbert treated Palestinians who had been grievously wounded by Israel’s use of experimental and illegal chemical weapons, including white phosphorous, dense inert metal explosives (DIME) munitions, and flechette shells. In July 2014, in the midst of Israel’s most recent attack on Gaza, Gilbert spoke with Electronic Intifada, revealing that he saw indications of renewed use of DIME weapons and flechettes. While volunteering in Shifa hospital, Gaza’s principal medical facility, Gilbert penned an open letter, lamenting the unspeakable horrors the Israeli military was instigating.
  • Before Operation Protective Edge commenced in early July 2014, Gilbert toured medical and health facilities and individual homes in Gaza, researching for a United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) report on the dire state of the strip’s health sector. He wrote of “overstretched” health facilities, widespread physical and psychological trauma, “a deep financial crisis,” a lack of needed medical supplies, and a “severe energy crisis.” He also noted the “devastating results of the blockade imposed by the Government of Israel,” with rampant poverty, a 38.5% unemployment rate, food insecurity in at least 57% of households, and inadequate access to clean water. All of these already extreme ills were only exacerbated by the July-August Israeli assault on Gaza, an onslaught that left roughly 2,200 Palestinians dead, including over 1,500 civilians, more than 500 of whom were children. Gilbert is not the only one Israel has recently prevented from entering Gaza. In August, just after the end of its military assault, Israel refused to allow Amnesty International and Human Rights Watch, the world’s leading human rights organizations, from entering the strip, impeding them from conducting war crimes investigations. The organizations had been requesting access for over a month, before Israel had even begun its ground invasion of Gaza, yet were continuously prevented from doing so, Israeli journalist Amira Hass reported in Haaretz, “using various bureaucratic excuses.”
  • Other aid workers and medical professionals have faced even worse consequences for volunteering to help Palestinians. In August, Israeli occupation forces killed a social worker. In the same month, as the Israeli military engaged in a campaign to target and openly murder Palestinian civilians who spoke Hebrew, Israeli forces assassinated volunteers working with the Palestine Red Crescent, a non-profit humanitarian organization, part of the International Red Cross and Red Crescent Movement. A common myth suggests that Israel ended its occupation of Gaza with its 2005 disengagement. The state’s ability to ban, and even kill, internationally recognized human rights organizations and doctors—not to mention food,construction equipment, and medical supplies—from entering Palestinian territory, however, demonstrates that Gaza is by no means autonomous. Israel’s siege of the strip is clearly a continuation of its 47-year-long illegal military occupation. As legal scholar Noura Erakat explains
  • Despite removing 8,000 settlers and the military infrastructure that protected their illegal presence, Israel maintained effective control of the Gaza Strip and thus remains the occupying power as defined by Article 47 of the Hague Regulations. To date, Israel maintains control of the territory’s air space, territorial waters, electromagnetic sphere, population registry and the movement of all goods and people. … Palestinians have yet to experience a day of self-governance. Israel immediately imposed a siege upon the Gaza Strip when Hamas won parliamentary elections in January 2006 and tightened it severely when Hamas routed Fatah in June 2007. The siege has created a “humanitarian catastrophe” in the Gaza Strip. Inhabitants will not be able to access clean water, electricity or tend to even the most urgent medical needs. The World Health Organization explains that the Gaza Strip will be unlivable by 2020. Not only did Israel not end its occupation, it has created a situation in which Palestinians cannot survive in the long-term.
  • In a late October discussion with the Daily Targum, Gilbert encouraged Americans to do what they can to speak out against Israel’s illegal occupation and blockade of the Palestinian territories, and to pressure their government to stop its indefatigable support for Israeli crimes. At present, the US provides Israel with over 3.1$ billion of military aid per year. In the past 52 years, over $100 billion US tax dollars have been given to the country in military aid alone. “You are the change-makers,” Gilbert told American readers. “The key to the change when it comes to the occupation of Palestine lies in the United States.” “Solidarity, not pity,” he said, is the solution.
Paul Merrell

Turkish court issues "historic" arrest warrants for Israeli army commanders | The Elect... - 0 views

  • A court in Istanbul has issued arrest warrants against four Israeli military officials for their role in authorizing and carrying out the attacks on the Mavi Marmara, the Turkish humanitarian aid boat bound for Gaza on 31 May 2010. Israeli forces attacked and raided the boat, which was part of a flotilla in international waters and was attempting to break the siege on Gaza. Israeli commandos killed nine civilians and wounded dozens of others. Speaking to The Electronic Intifada, Rabia Yurt, a Turkish attorney for the families of the victims, says the ruling is unprecedented. Yurt says it is “the first [time] in history” that arrest warrants have been issued against Israeli officials, who have never been held responsible in an international court for the army’s “uncountable crimes.”
  • The judges presiding at the Istanbul Çağlayan Courthouse on 26 May ordered arrest warrants against former Israeli army Chief General Gabi Ashkenazi, Naval Forces commander Vice Admiral Eliezer Marom, Israeli military intelligence chief Major General Amos Yadlin and Air Forces Intelligence head Brigadier General Avishai Levi. It is now up to Interpol, the international police agency, to follow the Turkish court’s directives and arrest the four commanders, who were tried in absentia. This was the sixth trial so far in the case against the Israeli leaders for their role in the deadly attacks on the flotilla.
  • After the deadly raid on the Mavi Marmara, Israeli forces kidnapped the crew and hundreds of the flotilla’s passengers, bringing the boats and all aboard to an Israeli port, where the human rights activists were arrested, detained and deported. One of the civilians killed was Furkan Doğan, a 19-year-old dual citizen of Turkey and the US. The Center for Constitutional Rights stated that “Israeli commandos shot Furkan five times, including one shot to the head at point-blank range. At the time of the attack, it is believed Furkan was filming with a small video camera on the top deck of the Mavi Marmara.” A tenth activist, 51-year-old Turkish citizen Uğur Süleyman Söylemez, died on 23 May — days before the court’s decision, and nearly four years after Israeli forces shot him in the head. Söylemez was in a coma ever since his injury.
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  • “The court argued that an arrest warrant had become necessary for the legal procedure as the defendants had neither attended the trial nor responded to an invitation sent to them through the related department of the Turkish justice ministry,” reported Turkish daily Hurriyet on 30 May. The Turkish humanitarian group IHH (Humanitarian Relief Foundation), which sponsored and helped organize the aid flotilla in 2010 and has been helping to represent the families of those killed, stated in a press release last week that the ruling was a “positive outcome” for the relatives and loved ones of the ten Turkish citizens who were killed by Israeli attacks. Last year, as The Electronic Intifada reported, the prosecutor of Spain’s national court formally requested a judge to begin steps to refer a case against Israeli leaders for the attack to the International Criminal Court (ICC). Three Spanish citizens, Manuel Tapial, Laura Arau and David Segarra, were aboard the Mavi Marmara when it was attacked and commandeered. Tapial, Arau and Segarra filed the case against Israeli Prime Minister Benjamin Netanyahu, six ministers and Vice Admiral Eliezer Marom of the Israeli navy who led the attack.
  • However, we are optimistic, because Turkey is a democratic country. It is part of and is a signatory to the European extradition convention and signed to Interpol, and therefore all other countries who are also signatories to these conventions and institution have an obligation to indeed arrest these Israeli officials for whom the arrest warrants were issued. So we have to trust [this] and we have to keep our faith in this. And we also know that — remember that this trial started way back in 2012 — the Israeli soldiers wouldn’t travel around too much, especially not go to Turkey. We know that Israeli soldiers were complaining about this. For instance, there was a case of an Israeli soldier who filed a claim against the State of Israel because he wanted to study in the United States, but because he took part in this operation he could not set foot out of Israel. So because we know this, we are quite optimistic about the arrest warrants, that they will be in fact implemented by other countries.
  • NBF: Finally, what’s next in this case on behalf of now ten victims of Israel’s raid, how are you pushing forward in this case? RY: In December, there is going to be another hearing, and we’re just going to make sure that the entire world will know about this arrest warrant, that we will follow whether any of these four defendants steps foot outside of Israel. We have lawyers in different countries also working together, and in South Africa, in the UK, many, many countries more — they will also closely follow whether these four defendants will travel in these countries. And then if this is the case, we will immediately take action and make sure that if the country in which one of the four defendants steps foot refuses, or neglects to fulfill its obligation to arrest [the defendant], then we will make sure that that country will not get away with it. And we will push for it, and publicize this as much as we can.
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    A historic day indeed. Turkey is a member of both NATO and INTERPOL. Four high-ranking Israeli military officers will be on the INTERPOL arrest list soon, with a network of human rights lawyers around the world on the watch and ready to enforce INTERPOL arrest obligations. In other words, these officers' travel outside Israel will be very unlikely to include INTERPOL treaty nations and European extradition convention nations as either destinations or waypoints. The deterrent effect on Israeli government officials is considerable, particularly with another criminal prosecution pending in Spain. Fittingly, the Turkish court has aimed its message at high military officials who directed the assassinations rather than at the low-ranking soldiers who committed them. Message to high Israeli officials: be nice to Turkish citizens if you want to ever travel outside Israel.  One can only wish that the same message had been delivered about American citizens. The victim shot five times including a point blank shot to the head was an American citizen. Many of the kidnaped human rights people on the Navi Marmara and accompanying boats were Americans. One of the boats was American-flagged. Under international law, these actions were casus belli, a sufficient cause for military retaliation against the government of Israel. But the cowardly Obama and Secretary of State Hillary Clinton did not so much as lodge a diplomatic protest, so fearful they are of the powerful Israel Lobby. 
Paul Merrell

M of A - Media Neglect Turkish False Flag Attack Leak And Its Implications - 0 views

  • Some more thoughts on the leaked tape from a meeting in the Turkish foreign ministry which is only very selectively reported in "western" media. A video with recorded voices and English text is available as is the seemingly complete text in two parts. The setting of the recording is this: The voices of the illegal recording believed to belong to Davutoğlu, National Intelligence Organization (MİT) Hakan Fidan, Foreign Ministry Undersecretary Feridun Sinirlioğlu, and Deputy Chief of General Staff Gen. Yaşar Gürel. According to the information obtained from sources, the recording consists of a chat between four officials in Davutoğlu’s office before the commencement of the official meeting with the participation of more civil and military bureaucrats in another room at the Foreign Ministry. It is not clear when exactly the meeting happened. It would fit the situation late last year or early 2014.
  • The major points from my view: Turkey has delivered 2,000 trucks of weapons and ammunition to the insurgents in Syria. There are plans for false flag attacks on Turkey or Turkish property to justify an attack from Turkey on Syria. The Turkish military has great concerns going into and fighting Syria. The general atmosphere between these deciders is one of indecisiveness. Everyone seems to be unclear what Erdogan wants and is waiting for clear orders from above. U.S. military has shortly before the meeting presented fresh plans for a no-fly one over Syria. Then there is the fact in itself that this tape and others leaked. Internal government communication in Turkey and personal communication of Turkish official has been thoroughly compromised. This will hinder future decision making and will erode any trust Turkish government allies may have in it.
  • It is somewhat astonishing how "western" media avoid the content of the leaked tape. An AP report on it makes a lot of the youtube blocking the Turkish government ordered in reaction to the tape. Of the recording itself the AP only mentions this: The four are allegedly heard discussing a military intervention in neighboring Syria, a sensitive political issue in Turkey, although the context of the conversation is not clear. The Washington Post filed that AP report under Technology. This is an incredible disservice to its readers. The Guardian report based on Reuters is not any better: The move by the TIB came hours after an anonymous YouTube account posted a leaked audio recording allegedly of a confidential conversation between Turkish intelligence chief Hakan Fidan, foreign minister Ahmet Davutoglu, undersecretary of the foreign ministry Feridun Sinirlioglu and deputy chief of the general staff, Yasar Gürel, discussing possible military action in Syria. There is no mentioning at all of the false flag attack. The Wall Street Journal comes somewhat nearer to the truth: ... a leaked recording published anonymously on the platform purported to reveal a conversation in which Turkey's foreign minister, spy chief and a top general appear to discuss how to create a pretext for a possible Turkish attack within Syria. For once kudos to the NYT which at least touches one point but leaves out the other important ones: ... the officials were heard discussing a plot to establish a justification for military strikes in Syria. One option that is said to have been discussed was orchestrating an attack on the Tomb of Suleyman Shah ... German media did not do any better.
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  • A NATO ally is planning a false flag attack on its own territory which would implicate NATO Article 5 and other NATO countries' forces and the media do not even touch the issue? This is ludicrous. Related to the Syria issue is another thinly sourced trial balloon, the tenth or so, by the unofficial CIA spokesperson David Ignatius in the Washington Post: The Obama administration, stung by reversals in Ukraine and Syria, appears to have decided to expand its covert program of training and assistance for the Syrian opposition, deepening U.S. involvement in that brutal and stalemated civil war. ... Details of the plan were still being debated Thursday, but its likely outlines were described by knowledgeable officials: ... It follows the list of issues that have been discussed on and on over the last three years, more CIA training for insurgents in Jordan, more weapons, maybe some MANPADs. Ignatius source is here seems to be the CIA friends in the Syrian opposition: The expanded program would “send a clear message to the Assad regime that there is no military solution to the struggle,” according to a March memo to the White House from the opposition. Assad “has no incentive to talk” now, the memo argued, because he thinks he is winning. The rationale, bluntly stated, is that to reach an eventual diplomatic settlement in Syria, it is necessary now to escalate the conflict militarily. This has been a hard pill for Obama to swallow, but prodded by the Saudis, he seems to have reached that point.
  • There are so many caveats in here - "appears to have decided", 2still being debated", "seems to have reached that point" - that I do not believe a word of it. The loudly announced, by Ignatius and others, attack on south Syria has yet to appear and the halfhearted attack by the Turkish supported Jihadists in the north seems to be stuck. I do not anticipate any bigger action by Turkey or the U.S. especially as the such action right now would likely lead to harsher reaction by Russia.
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    "A NATO ally is planning a false flag attack on its own territory which would implicate NATO Article 5 and other NATO countries' forces and the media do not even touch the issue? This is ludicrous." Beyond ludicrous. If a NATO member is attacked, all NATO nations are required by treaty to come to that nation's military aid. That Turkey is planning a false flag attack on Syria that could force us into a war deserves far more widespread news coverage.
Paul Merrell

Little consensus within administration on how to stop fall of Aleppo to Assad - The Was... - 0 views

  • There is no consensus within the administration about what the United States can or should do to try to bring a halt to the killing and stop what appears to be the increasingly inevitable fall of Aleppo, Syria’s largest city, to government forces.
  • But last Thursday, as the discussion moved up the chain to a contentious White House meeting of national security principals, top defense officials made clear that their position had not changed. They advised a possible increase in weapons aid to opposition fighters but said the United States should focus its own military firepower on the anti-Islamic State mission rather than risk a direct confrontation with Russia. Asked about the perception of a double shift, a senior defense official said the Pentagon’s position had not changed. “We still believe there are a number of ways to bolster the opposition and not compromise the anti-Islamic State mission,” this official said.
  • But others felt that they had been spun by the defense leadership. Amid increasing internal tension, one senior administration official insisted that both the Syrian opposition and U.S. allies have pressed for a continuation of negotiations and discouraged talk of military intervention. Obama’s position on the subject, this official said, has been “consistent. We do not believe there is a military solution to this conflict. There are any number of challenges that come with applying military force in this context.” In Obama’s recent speech at the United Nations, the official noted, Obama repeated that “there’s no ultimate military victory to be won” in Syria. Instead, Obama said, “we’re going to have to pursue the hard work of diplomacy that aims to stop the violence, and deliver aid to those in need, and support those who pursue a political settlement.” No proposals have been presented to Obama for a decision, and some in the administration think the White House is willing to let time run out on Aleppo, in part to preserve options for a new administration.
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  • De Mistura has predicted that if Russian and Syrian air attacks and artillery bombardment do not stop, the city will fall before the end of the year; the U.S. intelligence community assesses that it could be a matter of weeks.
  • An estimated 275,000 civilians, one-third of them children, and 10,000 rebels are surrounded in the eastern side of the city, now under constant aerial attack
  • While Aleppo is the proximate prize sought by the government and its Russian backers, at least 50,000 opposition fighters — many of whom owe their training, weapons and inspiration in large part to the United States — remain in pockets spread across western Syria. Many of those forces have been advised and supplied by the CIA, whose director, John Brennan, is said to favor military action or, at the very least, dispatching more and better weapons to the opposition, particularly if Aleppo is lost. That decision, which would allow the rebels to continue to fight a guerrilla war, or to defend those pockets of the country still in opposition hands, might not be the administration’s to make. Allied governments in the region, including Qatar, Turkey and, to a lesser extent, Saudi Arabia, have long advocated for increased support for the rebels and could decide on their own to send more sophisticated armaments — some of which, including shoulder-launched antiaircraft weapons, the United States has refused to make available on the grounds that they could end up in the wrong hands.
  • As they assess Russian President Vladi­mir Putin’s goals in Syria, intelligence officials think he is less interested in an outright military victory than in being able to set the terms for a settlement that ensures Assad’s survival. But at least in the short term, they believe, the big winner may be the Front for the Conquest of Syria, the al-Qaeda affiliate formerly known as Jabhat al-Nusra. The jihadist group, which U.S. officials have said is planning “external operations” against the United States, has grown in strength and respect as a formidable, well-equipped fighting force against Assad. While senior White House aides are said to be opposed to U.S. military action, one other official who is said to have argued in favor of a military response is Samantha Power, the U.S. ambassador to the United Nations,
  • Echoing the arguments for accountability in the book, “A Problem From Hell,” Kerry last week publicly called for Russia and Syria to be investigated for war crimes for the targeted killing of civilians and wanton destruction in Aleppo and beyond. On Friday, Moscow described Kerry’s call as “propaganda” and repeated its assertion that the United States, by failing to separate rebel forces from the targetable terrorists it insists control Aleppo, is to blame for the failure of the cease-fire. According to international-law experts, however, the likelihood of a war crimes prosecution of either country is virtually nonexistent. Neither Russia nor Syria belongs to the treaty-based International Criminal Court, and a referral to its jurisdiction would require a resolution by the U.N. Security Council, a body in which Russia holds a veto. At the same time, both the ICC and the International Court of Justice, the United Nations’ judicial branch, are designed to prosecute individuals rather than states.
  • “The law of war crimes is individual and personal,” said Kenneth Anderson, a law professor at American University. “Talk of war crimes trials by itself is not serious,” Anderson said. “It’s an evasion of policy by a state that does not want to have to respond to the concerted actions of another state, another two states.”
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    The WaPo statistics on the number of people surrounded in East Aleppo are way off. Most of the city is government controlled, but WaPo uses the city's entire population as the number of surrounded people. Best estimates for the number surrounded in the cauldron are in the neighborhood of 10,000 fighters and 20,000 of their camp followers. Let's hope that Obama has a sane moment and doesn't buckle to the chickenhawk pressure.
Paul Merrell

CIA photos of 'black sites' could complicate Guantanamo trials - The Washington Post - 0 views

  • Military prosecutors this year learned about a massive cache of CIA photographs of its former overseas “black sites” while reviewing material collected for the Senate investigation of the agency’s interrogation program, U.S. officials said. The existence of the approximately 14,000 photographs will probably cause yet another delay in the military commissions at Guantanamo Bay, Cuba, as attorneys for the defendants demand that all the images be turned over and the government wades through the material to decide what it thinks is relevant to the proceedings.
  • The death penalty cases against the five men first began in 2008 under the Bush administration and was abandoned by the Obama administration for a planned trial in federal court in New York. That effort collapsed, and the prosecution was returned to the military in 2011.
  • The electronic images depict external and internal shots of facilities where the CIA held ­al-Qaeda suspects after 9/11, but they do not show detainee interrogations, including the torture of some suspects who were subjected to waterboarding and other brutal techniques. They do include images of naked detainees during transport, according to the officials, who spoke on the condition of anonymity because the material remains classified. The pictures also show CIA personnel and members of foreign intelligence services, as well as psychologists Bruce Jessen and James Mitchell, among the architects of the interrogation program.
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  • It’s unclear whether the military prosecutors have been able to review all the photographs and why they hadn’t unearthed them years earlier. Former U.S. officials said Martins’s team was supposed to have the same access as Senate investigators and federal prosecutors to shared electronic drives containing agency documents at a secret location in Virginia. “It raises the question whether the agency is being cooperative with the prosecutors,” said James Harrington, the civilian attorney for 9/11 defendant Ramzi Binalshibh. “It’s beyond preposterous.”
  • mong the images are those of cells and bathrooms at the detention sites, including a facility in Afghanistan known as “Salt Pit,” where the waterboard was photographed.
  • The bulk of the photographs depict black sites in Thailand, Afghanistan and Poland. There are fewer shots of prisons in Romania and Lithuania, which were among the last to be used before they were closed in 2006. A former intelligence official who reviewed some of the photographs of the prison in Thailand described them as nondescript.
  • “Why is it we are still learning about this stuff?” said Joe Margulies, Zubaydah’s attorney. “Who knows what is still out there? What else is there? That’s what is appalling.” James Connell, defense attorney for Ammar al-Baluchi, one of the 9/11 defendants, filed a motion in January 2013 to compel production of “documents and information” relating to where the “accused or a potential witness have been confined.” Connell said the military judge overseeing the case hasn’t ruled on that motion. “If pictures from black sites exist, they are crime scene photographs,” Connell said. “The military commission rules require the prosecution to turn them over to the defense, but federal and international prosecutors should also get a copy — not to mention the public.”
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    So finally the locations of at least some of the CIA "black sites" are out in the open. 
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