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Gary Edwards

Comey has Long History of Cases Ending Favorable to Clintons - Tea Party News - 0 views

  • Messages found stored on Clinton’s private email server show that Berger – a convicted thief of classified documents – had been advising Clinton while she served as secretary of state and had access to emails containing classified information. For example, in an email dated Sept. 22, 2009, Berger advised Clinton advised how she could leverage information to make Israeli Prime Minister Benjamin Netanyahu more cooperative in discussions with the Obama administration over a settlement freeze.
  • Law firm ties Berger, Lynch, Mills Berger worked as a partner in the Washington law firm Hogan & Hartson from 1973 to 1977, before taking a position as the deputy director of policy planning at the State Department in the Carter administration. When Carter lost his re-election bid, Berger returned to Hogan & Hartson, where he worked until he took leave in 1988 to act as foreign policy adviser in Gov. Michael Dukakis’ presidential campaign. When Dukakis was defeated, Berger returned to Hogan & Hartson until he became foreign policy adviser for Bill Clinton’s presidential campaign in 1992. On March 28, WND reported Lynch was a litigation partner for eight years at Hogan & Hartson, from March 2002 through April 2010. Mills also worked at Hogan & Hartson, for two years, starting in 1990, before she joined then President-elect Bill Clinton’s transition team, on her way to securing a position as White House deputy counsel in the Clinton administration. According to documents Hillary Clinton’s first presidential campaign made public in 2008, Hogan & Hartson’s New York-based partner Howard Topaz was the tax lawyer who filed income tax returns for Bill and Hillary Clinton beginning in 2004. In addition, Hogan & Hartson in Virginia filed a patent trademark request on May 19, 2004, for Denver-based MX Logic Inc., the computer software firm that developed the email encryption system used to manage Clinton’s private email server beginning in July 2013. A tech expert has observed that employees of MX Logic could have had access to all the emails that went through her account.
  • In 1999, President Bill Clinton nominated Lynch for the first of her two terms as U.S. attorney for the Eastern District of New York, a position she held until she joined Hogan & Hartson in March 2002 to become a partner in the firm’s Litigation Practice Group. She left Hogan & Hartson in 2010, after being nominated by President Obama for her second term as U.S. attorney for the Eastern District of New York, a position she held until Obama nominated her to serve in her current position as attorney general. A report published April 8, 2008, by The American Lawyer noted Hogan & Hartson was among Hillary Clinton’s biggest financial supporters in the legal industry during her first presidential campaign. “Firm lawyers and staff have donated nearly $123,400 to her campaign so far, according to campaign contribution data from the Center for Responsive Politics,” Nate Raymond observed in The American Lawyer article. “Christine Varney, a partner in Hogan’s Washington, D.C., office, served as chief counsel to the Clinton-Gore Campaign in 1992.” While there is no evidence that Lynch played a direct role either in the tax work done by the firm for the Clintons or in linking Hillary’s private email server to MX Logic, the ethics of the legal profession hold all partners jointly liable for the actions of other partners in a business. “If Hogan and Hartson previously represented the Clintons on tax matters, it is incumbent upon U.S. Attorney General Loretta Lynch to [disclose] what, if any, role she had in such tax matters,” said Tom Fitton, president of Washington-based Judicial Watch.
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  • HSBC link When Lynch’s nomination as attorney general was considered by the Senate one year ago, as WND reported, the Senate Judiciary Committee examined her role in the Obama administration’s decision not to prosecute the banking giant HSBC for laundering funds for Mexican drug cartels and Middle Eastern terrorists. WND was first to report in a series of articles beginning in 2012 money-laundering charges brought by John Cruz, a former HSBC vice president and relationship manager, based on his more than 1,000 pages of evidence and secret audio recordings. The staff of the Senate Judiciary Committee focused on Cruz’s allegations that Lynch, acting then in her capacity as the U.S. attorney for the Eastern District of New York, engaged in a Department of Justice cover-up. Obama’s attorney general nominee allowed HSBC in December 2011 to enter into a “deferred prosecution” settlement in which the bank agreed to pay a $1.9 billion fine and admit “willful criminal conduct” in exchange for dropping criminal investigations and prosecutions of HSBC directors or employees. Cruz called the $1.92 billion fine the U.S. government imposed on HSBC “a joke” and filed a $10 million lawsuit for “retaliation and wrongful termination.” From 2002 to 2003, Comey held the position of U.S. Attorney for the Southern District of New York, the same position held by Lynch. On March 4, 2013, he joined the HSBC board of directors, agreeing to serve as an independent non-executive director and a member of the bank’s Financial System Vulnerabilities Committee, positions he held until he resigned on Aug. 3, 2013, to become head of the FBI.
  • Comey, Fitzgerald and Valerie Plame On Jan. 1, 2004, the Washington Post reported that after Attorney General John Aschroft recused himself and his staff from any involvement in the investigation of who leaked the name of CIA employee Valerie Plame after journalist Robert Novak named her in print as a CIA operative, Comey assumed the role of acting attorney general for the purposes of the investigation. Comey appointed Patrick J. Fitzgerald, a U.S. attorney in Chicago, to act as special counsel in conducting the inquiry into what became known as “Plamegate.” At the time Comey made the appointment, Fitzgerald was already godfather to one of Comey’s children. On April 13, 2015, co-authoring a USA Today op-ed piece, Plame and her husband, retired ambassador Joseph Wilson, made public their support for Hillary Clinton’s 2016 presidential campaign, openly acknowledging their political closeness to both Hillary and Bill Clinton. The first two paragraphs of the editorial read: We have known Hillary Clinton both professionally and personally for close to 20 years, dating back to before President Bill Clinton’s first trip to Africa in 1998 — a trip that they both acknowledge changed their lives, and gave considerable meaning to their post-White House years and to the activities of the Clinton Foundation. Joe, serving as the National Security Council Senior Director for African Affairs, was instrumental in arranging that historic visit. Our history became entwined with Hillary further after Valerie’s identity as a CIA officer was deliberately exposed. That criminal act was taken in retribution for Joe’s article in The New York Times in which he explained he had discovered no basis for the Bush administration’s justification for the Iraq War that Saddam Hussein was seeking yellowcake uranium to develop a nuclear weapon.
  • In January 2016, Chuck Ross in the Daily Caller reported that Hillary Clinton emails made public made clear that one of her “most frequent favor-seekers when she was secretary of state was former Ambassador Joseph Wilson, a longtime Clinton friend, an endorser of Clinton’s 2008 presidential campaign, and an Africa expert with deep business ties on the continent.” Ross noted that Wilson emailed Clinton on Dec. 22, 2009, seeking help for Symbion Power, an American engineering contractor for whom Wilson consulted, in the company’s bid to pursue a U.S. Agency of International Development contract for work in Afghanistan. In the case of the Afghanistan project, Ross noted, Clinton vouched for Wilson and Symbion as she forwarded the request to Jack Lew, who served then as deputy secretary of state for management and resources. Ross further reported Wilson’s request might also have been discussed with President Obama, as one email indicates. In 2005, Fitzgerald prosecuted Libby, a prominent adviser to then Vice President Dick Cheney, in the Plame investigation, charging him with two counts of perjury, two counts of making false statements to federal prosecutors and one count of obstruction of justice. On March 6, 2007, Libby was convicted of four of the five counts, and on June 5, 2007, was sentenced by U.S. District Judge Reggie B. Walton to two and a half years in federal prison. On April 6, 2015, the Wall Street Journal reported the publication of New York Times reporter Judith Miller’s memoir “The Story: A Reporter’s Journey” exposed “unscrupulous conduct” by Fitzgerald in the 2007 trial of Libby.
  • WSJ reporter Peter Berkowitz noted Miller “writes that Mr. Fitzgerald induced her to give what she now realizes was false testimony.” “By withholding critical information and manipulating her memory as he prepared her to testify, Ms. Miller relates, Mr. Fitzgerald ‘steered’ her ‘in the wrong direction.’” http://www.wnd.com/2016/07/comey-has-long-history-of-clinton-related-cases/
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    Bend over and grab your ankles. The rats nest of Clinton operatives in Washington DC is far deeper than anyone ever imagined. "FBI Director James Comey has a long history of involvement in Department of Justice actions that arguably ended up favorable to the Clintons. In 2004, Comey, then serving as a deputy attorney general in the Justice Department, apparently limited the scope of the criminal investigation of Sandy Berger, which left out former Clinton administration officials who may have coordinated with Berger in his removal and destruction of classified records from the National Archives. The documents were relevant to accusations that the Clinton administration was negligent in the build-up to the 9/11 terrorist attack. On Tuesday, Comey announced that despite evidence of "extreme negligence by Hillary Clinton and her top aides regarding the handling of classified information through a private email server, the FBI would not refer criminal charges to Attorney General Loretta Lynch and the Justice Department. Curiously, Berger, Lynch and Cheryl Mills all worked as partners in the Washington law firm Hogan & Hartson, which prepared tax returns for the Clintons and did patent work for a software firm that played a role in the private email server Hillary Clinton used when she was secretary of state. Lynch and Comey both served as U.S. attorney for the Southern District of New York. They crossed paths in the investigation of HSBC bank, which avoided criminal charges in a massive money-laundering scandal for which the bank paid a $1.9 billion fine. After Attorney General John Aschroft recused himself in the Valerie Plame affair in 2004, Comey appointed as special counsel Patrick J. Fitzgerald, who ended up convicting "Scooter" Libby, a top aide to then Vice President Dick Cheney, of perjury and obstruction of justice. The charge affirmed the accusations of Plame and her former ambassador husband, Joe Wilson - both partisan supporters of Bill and
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    The "ethical" situation is far worse than described. Attorney disciplinary rules require that a lawyer, including all lawyers in the same firm, owe a lifetime duty of loyalty to a client, a duty that does not end with representation in a particular matter. Accordingly, Lynch had what the disciplinary rules refer to as an "actual conflict of interest" between her duties of loyalty to both Hillary and the U.S. government that required her withdrawal from representing either in the decision whether to prosecute Hillary. Saying that she would rubber stamp what Comey recommended was not the required withdrawal. Comey is an investigator, not a prosecutor. This was a situation for appointment of a special counsel to represent the Department of Justice in the decision whether to prosecute, not satisfied by rubber stamping Comey's recomendation,.
Paul Merrell

IMF's Lagarde guilty of 'negligence' but avoids sentence over 2008 payout - France 24 - 0 views

  • A French court on Monday convicted International Monetary Fund chief Christine Lagarde of "negligence" for her role in a controversial €400 million payout to a French tycoon in 2008 while she was finance minister. The Court of Justice did not hand down a sentence, a decision welcomed by her lawyer, Patrick Maisonneuve, as a "partial" victory. “We wanted a complete acquittal, instead we got a partial one,” said Maisonneuve. “The court has decided to not to penalise her – in fact, the court even decided this should not go on Madame Lagarde’s criminal record.” Lagarde, 60, was accused of approving a controversial €400 million ($425 million) payout to businessman Bernard Tapie in an out-of-court settlement when she was finance minister under former president Nicolas Sarkozy.
  • An arbitration panel ordered the payout to Tapie in connection with his sale of sportswear company Adidas. The panel upheld Tapie's claim that the Crédit Lyonnais bank had defrauded him by intentionally undervaluing Adidas at the time of the sale and that the state – as the bank's principal shareholder – should compensate him. It was Lagarde who, in her role as French finance minister, ordered the case to be heard by an arbitration panel instead of proceeding through the regular courts. Critics say that Lagarde ensured Tapie received preferential treatment by referring the matter to arbitration as a quid pro quo for his financial support for Sarkozy during his 2007 presidential bid. They also argue that the state should not have paid compensation to a convicted criminal who was bankrupt at the time and would not have been able to pursue the case in court. Tapie spent six months in prison in 1997 for match-fixing during his time as president of popular French football club, Olympique Marseille.
  • Tapie was placed under formal investigation for committing fraud in late June of 2013. He was ordered to pay back the money starting in December of last year. The "Tapie affair" has entangled several other high-profile figures, including Sarkozy’s ex-chief of staff Claude Guéant and Stéphane Richard, Lagarde’s former chief of staff at the finance ministry and now chief executive of Orange. Lagarde was appointed managing director of the IMF in July 2011. Lagarde served as French finance minister from June 2007 and also served as minister of foreign trade for two years. Before entering politics she worked as an anti-trust and labour lawyer, and was a partner with the international law firm of Baker & McKenzie.
Gary Edwards

MF Global: Where's the Cash? -- Part II | ZeroHedge - 0 views

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    It's complicated.  The bottom line is that we know where the $1.6 Billion in customer assets, squandered and "lost" by Corzine, is.  JP Morgan is holding the bulk of it, and due to recent changes in the 546(e) section of the Federal Bankruptcy code, JP Morgan and the other big banksters will be able to keep that money from it's rightful owners.  Oh, yeah.  One other thing.  The big banksters now running off with the assets of investors are the very same people who lobbied hard and heavy ($$$) to have the changes in the code pushed through by their unwitting stooges in Congress. excerpt: This week in The Institutional Risk Analyst we published a comment on the ongoing financial genocide at MF Global, "MF Global: Where's the Cash?"  http://us1.irabankratings.com/pub/IRAstory.asp?tag=515 The comment correctly identifies the location of the "missing" $1.6 billion as JP Morgan Chase and other bank custodians of MF Global.  The trouble is that even though we now know where the missing customer money has gone, namely JPMorgan, there is little chance that the defrauded customers of Jon Corzine will ever recover a dime. Here's the link to a video by William Rochelle of Bloomberg News explaining how the safe harbor in Section 546(e) of the Bankruptcy Code likely will prevent MF Global customers from ever getting their $1.6 billion back -- even when it's located, as it has been evidently. ... (MONEY SHOT) The problem here is that the existing laws against pillaging customer accounts and other acts of fraud are in conflict with the bankruptcy statute designed to make the world safe for large banks and over-the-counter derivatives.  Specifically, the post 2005 bankruptcy laws prohibit trustees from clawing back the $1.6 billion in stolen customer funds.  Indeed, the Bankruptcy Court and trustee are precluded from pursuing the banks just as the trustee in the Madoff fraud has likewise been stymied.    In addition to the clients of MF Global who were ap
Gary Edwards

Executive Doomsday Order: Obama Authorizes Gov to Seize Farms, Food, Processing Plants,... - 1 views

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    Good summary of the most recent and entirely un-Constitutional act of definace and tyranny.  Keep in mind that Obama does not have the authority to suspend or alter any natural rights, especially those specifically protected by the Constitution from any and all branches of the federal government.  Nor does Congress have the authority to grant that power.  There is only one way to alter the Constitution, and that is through an onerous amendment process requiring the approval of 2/3 rds the States. Recall also that in 1798, the passage of the Alien & Sedition Act similarly sought to compromise the Constitution and reatly expand the authority of the Feds.  Thomas Jefferson, author of the Declaration of Independence, and James Madison, author of the Constitution, fought and defeated the A&S Act by going directly to the State Legislatures to force their US Senators to repeal the A&S Act.  This worked extremely well; but that was before the 17th Amendment separated US Senators from their State Legislatures. Still, i think the approach holds.  I suggest we petition the State Legislatures to declare these Executive Orders and Martial Law Congressional authorizations Un-Constitutional; taking the arguments directly to the Supreme Court.  Immediately. excerpt: As of March 16, 2012, your land, your food, your water and your abilities as a laborer are now a wholly owned subsidiary of the United States government at any time they choose to initiate the provisions of this order, which according to the order itself, can be during an emergency or a non-emergency. While some reports indicate that the general impact of this new executive order is negligible, when considered with the broader implications including the  introduction and passage of laws allowing for the indefinite detention of American citizens without charge or trial, restricting the general assembly of individuals to protest, the establishment of an internet 'kill switch' contingency plan and jamming
Paul Merrell

Tony Blair should be sacked as Middle East envoy, say former ambassadors | Politics | T... - 0 views

  • A group of former British ambassadors have joined a campaign calling for Tony Blair to be removed from his role as Middle East envoy after his recent attempt to "absolve himself" of responsibility for the crisis in Iraq.The letter, organised by the makers of George Galloway's film The Killing of Tony Blair, says the 2003 invasion of Iraq was to blame for the rise of "fundamentalist terrorism in a land where none existed previously".The signatories, led by Blair's former ambassador to Iran Sir Richard Dalton, describe the former prime minister's achievements as Middle East envoy as "negligible".
  • The letter says: "We, like many, are appalled by Iraq's descent into a sectarian conflict that threatens its very existence as a nation, as well as the security of its neighbours. We are also dismayed, however, at Tony Blair's recent attempts to absolve himself of any responsibility for the current crisis by isolating it from the legacy of the Iraq war."In reality, the invasion and occupation of Iraq had been a disaster long before the recent gains made by the Islamic State of Iraq and the Levant (Isis). The sectarian conflict responsible for much of the war's reprehensible human cost was caused in part by the occupying forces' division of the country's political system along sectarian lines."It added: "In order to justify the invasion, Tony Blair misled the British people by claiming that Saddam had links to al-Qaida. In the wake of recent events it is a cruel irony for the people of Iraq that perhaps the invasion's most enduring legacy has been the rise of fundamentalist terrorism in a land where none existed previously. We believe that Mr Blair, as a vociferous advocate of the invasion, must accept a degree of responsibility for its consequences."
  • The signatories say that Blair has failed to achieve any breakthrough as the quartet's representative, though they acknowledge his limited mandate that involves building the governance of the Palestinian Authority.The letter says: "It is our view that, after seven years, Mr Blair's achievements as Envoy are negligible, even within his narrow mandate of promoting Palestinian economic development. Furthermore, the impression of activity created by his high-profile appointment has hindered genuine progress towards a lasting peace."Seven years on there are still over 500 checkpoints and roadblocks in the West Bank. The Gaza Strip, severely damaged by Israel's 2009 bombing, remains in a humanitarian crisis, with 80% of its population reliant on foreign aid for survival. Israel continues to build settlements that are illegal under international law. According to the Palestinian Authority's former Chief Negotiator, Nabil Shaath, Tony Blair has "achieved so very little because of his gross efforts to please the Israelis".
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  • The letter is also critical of Blair's business interests. "Tony Blair's conduct in his private pursuits also calls into question his suitability for the role. Mr Blair has been widely criticised for a lack of transparency in the way he organises his business dealings and personal finances, and for blurring the lines between his public position as Envoy and his private roles at Tony Blair Associates and the investment bank JPMorgan Chase."The letter is addressed to John Kerry, the US secretary of state; Sergei Lavrov, the Russian foreign minister; Ban Ki-moon, the UN secretary general; and Cathy Ashton, the EU's foreign policy chief.
  • George Galloway said: "I have begun the process of parliamentary impeachment of Tony Blair. The House of Commons will vote on that later this year. His position is collapsing along with the state of Iraq he helped destroy. His tenure as Quartet envoy is now untenable"
  • The spokesperson said of the criticisms of Blair's business interests: "Mr Blair has done no work for JP Morgan in the Middle East – he is the chair of their International Advisory Council – where he provides advice on global political issues."
Paul Merrell

Progressives put Sanders ahead of Clinton - 0 views

  • November 21, 2014
  • Sen. Elizabeth Warren is progressives' runaway favorite for president in 2016, with Sen. Bernie Sanders in second place, a new poll shows.Sanders, I-Vt., who says he's considering a presidential run, edged out former Secretary of State Hillary Rodham Clinton, 24 percent to 23 percent, according to Democracy for America's first 2016 Presidential Pulse poll of its members.More than 42 percent of respondents wanted Warren to run for president, although she has said she's not running. Warren's strong showing wasn't a surprise, but Sanders' placement ahead of Clinton shows "the race for the Democratic nomination is far from locked" among progressives, according to the group, founded by former Vermont Gov. Howard Dean."If they decide to get in the race, our poll clearly shows that any number of candidates could win Democracy for America members' support, especially if they focus their campaign on combatting income inequality, the driving issue of the 2016 campaign," Charles Chamberlain, DFA's executive director said in a statement.
  • From Nov. 6-to18, the group's members cast 164,733 votes for potential candidates, with members able to rank their votes for up to three potential candidates. The group released a portion of the poll on Thursday.Behind Clinton came former Secretary of Labor Robert Reich at 3 percent and Vice President Joe Biden at 2 percent.
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    Note that this is a poll in a group that is loyal to the Democratic Party and confines itself to voting Democrat in the main elections. As such, their influence is negligible. Progressives who are willing to run spolier campaigns as independents, like Ralph Nader have far more potential to move the Democratic Party than those who stay within its fold.  Ditto for Tea Partiers and the Republican Party. What's needed is a coalition to form a new party based on areas of agreement, rather than the divide-and-conquer split between the two major "parties" that guarantees a bankster/War Party win. 
Paul Merrell

Supreme Court Strikes Out KBR - 0 views

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

The Business Offensive: A Symmetrical Ruling Class - 0 views

  • Since the close of World War II, America has sought an integrated policy as the militarization of capitalism
  • In the intervening years, this was not always easy to achieve, as, depending on circumstances, one or the other, the corporate-financial order, and the military itself, asserted itself and made strong demands on government.
  • the Cold War itself providing a cover for the US globalization of power via market penetration, international financial and monetary architecture under US supervision, and the steady build-up of an Armaments State.
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  • Yet, the dynamism of early modern capitalism, realized in part through grinding methods of labor suppression, notably, the privatization of force, helped on by a compliant government, meant that within capitalism itself there was tremendous jockeying for power requiring the imposition of Order if major railroads and industrial firms were to enjoy their secure monopoly status.
  • Here government was crucial to harmonious internal structural arrangements, anticompetitive in its policies for the promotion of monopolism sector-by-sector including banking (the House of Morgan, whose offshoots firmed up the organization of railroads and manufacturing) as the means to systemic consolidation—an end to internecine competition—which was achieved in the early 20th century under Theodore Roosevelt and Woodrow Wilson (themselves the Janus-faced construct of the Battleship Navy and supposed liberal internationalism) setting the stage for the present era.
  • In practice, we see the interpenetration of business and government as the integration of monopoly capitalism in its own right.
  • By the late 1940s one can say that the military remained a junior partner of a synthesized ruling group or class, given the overwhelming thrust of business and its ascendant banking wing in defining American capitalism.
  • American capitalism could no longer go it alone, the military increasingly supplying the muscle for continued expansion and profitability. Korea and Vietnam were important chapters in the reshaping of a capitalist polity, with numerous interventions beyond mention the underpinning for a coalescent framework of elites, all making for a structural process of shaking down to the bare essentials the capitalist and military components in search of equilibrium. For otherwise, America feared its decline and would do anything to prevent.
  • Granted, it is hard to conceive of capitalism as a perpetual war machine, especially in America, which labors under the fiction of being, or if it ever was, then remaining, a democracy.
  • But there it is, an arms budget dwarfing all else, military bases strategically gathered worldwide, death squads euphemistically termed Special Ops, presidential-directed drone assassinations, the list goes on—so much so that one almost forgets capitalism is centrally about business and profits, not murder and mayhem.
  • the Great Capitalist Synthesis
  • an accomplice to the more successful militarization of capitalism by holding its own as an integral part in the relationship. In sum, the desideratum of business as usual, as in fleecing the consumer and jeopardizing his/her safety, destroying the environment, and best of all, removing itself from the constitutional foundations of the rule of law.
  • Corporations and banks have become a law unto themselves, with all the organs of government stretching from the Executive, Congress, the Supreme Court, to myriad regulatory agencies some unbeknownst to the public, sitting as a chorus of admiring voices egging them on.
  • Corporate Rescindment of Legal Rights: Business Power Run Amuck,
  • Class-action law suits, frequently the only feasible action of the poor for seeking redress of grievances against the giant corporations, are all but prohibited, replaced in contracts by compulsory-arbitration clauses, intended in the first place to kill class actions, which compel the individual standing alone to face insurmountable odds in a process by which the corporation names the arbitrator, keeps the proceedings secret, and determines the rules of procedure.
  • Civil courts are thrown to the winds.
  • It is as though capitalism, in this one seemingly minor area touching primarily the normalization of everyday relationships, has gone on the offensive, not of course to re-establish its relation to the military, but specifically and directly to exercise its domination over the people.
  • The now-and-future business polity is the fulfillment of the fascist dream, an authoritarian power structure of corporate consolidation supported through governmental suppression of dissent at home and an aggressively waged foreign policy to capture world markets.
  • The small print of the contracts one signs, whether for car rentals or nursing homes, and thousands of transactions in between, emboldens capitalism to go its solipsistic way, to the destruction of freedom, the planet, and human dignity.
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    "Since the close of World War II, America has sought an integrated policy as the militarization of capitalism. In the intervening years, this was not always easy to achieve, as, depending on circumstances, one or the other, the corporate-financial order, and the military itself, asserted itself and made strong demands on government. The result was never an intracompetitive mold because each needed and recognized the value of the other, but still there were periods of imbalance in their respective surges of governmental policy-emphasis. American capitalism had become a functional duopoly (C. Wright Mills' Power Elite was a good popular discussion of this general structure at an earlier point in our capitalist-development trajectory after the war), the Cold War itself providing a cover for the US globalization of power via market penetration, international financial and monetary architecture under US supervision, and the steady build-up of an Armaments State. There is nothing actually new here about the American historical pattern, except of course the more explicit and pronounced role to be assigned the military in the stabilization and expansion of American capitalism. The military was never at any point following the Civil War a negligible input in synthesizing the materials for an operational ruling class, but essentially, as in the late-19th century policy of the Open Door, business was sufficiently confident of its own power (the "imperialism of free trade") to carry forward the process of expansion largely on its own. Yet, the dynamism of early modern capitalism, realized in part through grinding methods of labor suppression, notably, the privatization of force, helped on by a compliant government, meant that within capitalism itself there was tremendous jockeying for power requiring the imposition of Order if major railroads and industrial firms were to enjoy their secure monopoly status."
Paul Merrell

Tapie Affair: IMF head Christine Lagarde ordered to face trial by French court over tyc... - 0 views

  • A French court has ordered IMF boss Christine Lagarde to face trial over the part she played in the Tapie Affair, regarding a €400m (£291m, $433m) transfer to French business tycoon and entrepreneur Bernard Tapie.In September, France's main prosecutor recommended magistrates at the Cour de Justice de la Republique, which deals with crime allegations against government officials, drop the investigation. The magistrates were probing Lagarde's alleged negligence in regards to the affair when she was finance minister of the country.Why advertise with usIn 2008, when Lagarde served under Nicolas Sarkozy's government, she approved a three member arbitration panel that awarded the payment from the taxpayers' pockets. Lagarde and Sarkozy have both been under fire since then for approving the panel.The payment followed Tapie's accusation that French bank Credit Lyonnais defrauded him when it handled the businessman's sale of his majority stake in German sports retailer Adidas in 1993. Tapie alleged the bank of deliberately undervaluing the company after it sold the stake for a higher sum.
  • Because the now bust Credit Lyonnais was partly state owned, at least some of the money came from French taxpayers. Tapie sold his Adidas shares to become a cabinet minister. He backed and supported Sarkozy in his bid for presidency in 2007.
  • The case has been brought up numerous times throughout the years, but some have accused current president Francois Hollande of playing politics. While others say that Lagarde and Sarkozy approved the payment because the influential Tapie backed their government.Tapie used to be popular among the French, as an entrepreneur and 'rags to riches' success story. Apart from Adidas, he has owned cycling team and Tour de France winner La Vie Claire and French football club Olympique Marseille.
Paul Merrell

Brussels Attack: Implications of Alleged ISIS Links - nsnbc international | nsnbc inter... - 0 views

  • Just days after arresting French-born Belgium national  and terror suspect Salah Abdeslam in Brussels, a coordinated terror attack unfolded in the very same city, killing at least 28, and injuring many more.
  • NBC News has already  announced that European officials are linking the attack to ISIS, though it is unclear whether or not Abdeslam’s network – which carried out the November 2015 Paris terror attacks – was directly involved.
  • Police in Brussels were still hunting for several other alleged accomplices of Abdeslam, including Najim Laachraoui and Mohamed Abrini. Laachraoui and Abrini, like virtually every other suspect involved in a string of terrorist attacks across North America, Europe, and Australia, were well known to Western security agencies, having both been documented as having traveled to Syria to fight against Damascus under ISIS, with Abrini having been arrested and jailed several times in the past, and Laachraoui already having a 2014 international arrest warrant issued for him in connection to a trial involving recruiting Europeans to fight for ISIS.
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  • In other words, all of the suspects have been under the nose, on the radar, and in the prisons of Western security agencies on and off for years, yet were still able to carry out at least one high profile terrorist attack – possibly two, and with the vast majority of the suspects involved having traveled to Syria to fight alongside ISIS before inexplicably being allowed to re-enter Europe and rejoin society without consequence – as if inviting them to take their extremism to the next level.
  • The Guardian’s “Brussels attack: were they revenge for Abdeslam’s arrest?,” attempted to link the bombings in Brussels to the arrest of Abdeslam and the Paris attack terror network. The op-ed acknowledges that these terrorist attacks are being carried out by locals – Europeans – using local resources. Should the Brussels attack be linked to this same terror network, it will greatly complicate efforts by some to leverage this tragedy to further their agendas against refugees and even to change the dynamics of the war in Syria itself. Europeans are clearly already being radicalized and then leaving to Syria to fight alongside ISIS and then returning – rather than a torrent of foreigners streaming in from abroad and carrying out violence against European targets. Should the Brussels attack turn out to be the work of this ISIS-linked terror group, considering the familiarity European security agencies had with all the suspects long before even the 2015 Paris attacks, indicates criminal negligence at best, and complicity at worst.
  • ISIS’ own alleged agenda of transforming the world into a “caliphate” is cartoonishly absurd. In reality, it is clear that ISIS shows up and exercises force in regions of the world the US and its allies cannot intervene in directly. This includes North Africa, the Middle East, and even as far as Asia. Far from a “conspiracy theory,” it would be the US’ own Defense Intelligence Agency (DIA) that would admit as much in a leaked 2012 report (.pdf) which stated: If the situation unravels there is the possibility of establishing a declared or undeclared Salafist principality in eastern Syria (Hasaka and Der Zor), and this is exactly what the supporting powers to the opposition want, in order to isolate the Syrian regime, which is considered the strategic depth of the Shia expansion (Iraq and Iran). To clarify just who these “supporting powers” were that sought the creation of a “Salafist” (Islamic) principality” (State), the DIA report explains: The West, Gulf countries, and Turkey support the opposition; while Russia, China, and Iran support the regime.
  • Between this admission, and an earlier exposé in 2007 by veteran journalist Seymour Hersh in his New Yorker piece titled, “The Redirection” where US and Saudi plans to use Al Qaeda to wage proxy war on Syria and Iran were revealed, it is clear that both Al Qaeda and ISIS are being used by the West to wage war on Damascus, Baghdad, Tehran, and even Moscow. ISIS supply lines clearly, even admittedly run from NATO territory in Turkey where the US and its regional allies have categorically failed to interdict them and even appear to be aiding and abetting the flow of men and materiel into ISIS-held territory in Syria and Iraq. These supply lines are what has allowed pressure to be continuously placed upon Damascus and its allies over the past 5 years in ways nonexistent “moderate rebels” couldn’t.
  • In Indonesia, as Jakarta clearly began re-balancing toward Beijing, ISIS carried out its first deadly attack on the Southeast Asian nation. Thailand’s similar re-balancing also prompted threats from the US that an “ISIS attack” was imminent. In Europe, where the flames of a “clash of civilizations” are being furiously and intentionally fanned, ISIS serves as a constant implement to empower extremists on both sides, while drowning out the voices of unity, moderation, and peace in the middle. It allows for a growing police state and xenophobic tendencies to flourish at home, while justifying further war abroad. While some Western newspapers are already trying to frame the Belgium attack as “incompetence” by European security agencies, there must be a better explanation as to why this “war with ISIS” continues to drag on, when the source of ISIS’ fighting capacity appears to be within rather than beyond the West – and aiding rather than opposing Western special interests.
  •  
    Reeks of a false flag attack.
Paul Merrell

Afghan government 'has lost territory to the insurgency' | FDD's Long War Journal - 0 views

  • The Afghan government “has lost territory to the insurgency” and “district control continues to decline,” the Special Inspector General for Afghanistan Reconstruction (SIGAR) said in its most recent quarterly report to United States Congress. An estimated 15 percent of Afghanistan’s districts have slipped from the government’s control over that time period. The picture is more bleak than what the Obama administration and top military commanders have let on when looked at from a longer distance. According to SIGAR, the Afghan government controls or influences just 52 percent of the nation’s districts today compared to 72 percent in Nov. 2015. “SIGAR’s analysis of the most recent data provided by US Forces in Afghanistan (USFOR-A) suggests that the security situation in Afghanistan has not improved this quarter,” the watchdog group noted in its most recent assessment of the country. “The numbers of the Afghan security forces are decreasing, while both casualties and the number of districts under insurgent control or influence are increasing.”
  • “[T]he ANDSF [Afghan National Defense and Security Forces] has not yet been capable of securing all of Afghanistan and has lost territory to the insurgency,” since the last reporting period. The Afghan government has lost control of more than six percent of Afghanistan’s 407 districts since SIGAR issued its last report, on Oct. 30. According to SIGAR, the insurgency, which is overwhelmingly made up of the Taliban, now controls nine districts and influences another 32, while 133 districts are “contested.” USFOR-A defines contested districts as “having ‘negligible meaningful impact from insurgents,’ contending that neither the insurgency nor the Afghan government maintains significant control over these areas.” The names of the Taliban controlled and influenced districts, as well as those that are contested, were not disclosed by USFOR-A or SIGAR.
  • The US military justified the loss of territory by claiming the Afghan government’s “new Sustainable Security Strategy” calls for abandoning districts that are “not important.” “USFOR-A attributes the loss of government control or influence over territory to the ANDSF’s strategic approach to security prioritization, identifying the most important areas that the ANDSF must hold to prevent defeat, and focusing less on areas with less strategic importance,” SIGAR reported. “Under its new Sustainable Security Strategy, the ANDSF targets ‘disrupt’ districts for clearance operations when the opportunity arises, but will give first priority to protecting ‘hold’ and ‘fight’ districts under its control.” This strategy neglects the fact that the Taliban views rural districts or those “with less strategic importance” as critical to its insurgency. The Taliban uses theses districts to raise funds, recruit and train fighters, and launch attacks on population centers. Additionally, Taliban allies such as al Qaeda run training camps and operate bases in areas under Taliban control. This strategy was explained by Mullah Aminullah Yousuf, the Taliban’s shadow governor for Uruzgan, in April 2016. The Taliban has utilized its control of the rural districts to directly threaten major population centers. Last year, the Taliban was able to threaten five of Afghanistan’s 34 provincial capitals. The government lost control of Kunduz for more than a week last fall.
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  • FDD’s Long War Journal has maintained that the US military’s assessment of the state of play in Afghanistan’s districts is flawed. Our study estimates the Taliban controls 42 Afghan districts and contests (or influences) another 55. [Note: USFOR-A’s definition of “influence” matches our definition of “contested.” The term “influenced/contested” will be used for clarity to describe these districts. LWJ does not assess districts that are defined by USFOR-A as “contested,” which means neither the Taliban or Afghan government hold sway.] The number of Taliban controlled and influenced/contested districts has risen from 70 in October 2015 to 97 this month. Districts under Taliban command are typically being administered by the group, or the group controls the district center. Additionally, districts where the district center frequently changes hands are considered Taliban-controlled. In influenced/contested districts, the Taliban dominates all of the areas of a district except the administrative center.
Paul Merrell

The Ninth Circuit Holds-Correctly-That a Blogger Has the Same Defamation Protection as ... - 0 views

  • On January 17, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled, as a matter of first impression, that First Amendment defamation rules apply equally to both the institutional press and individual speakers and writers, such as bloggers.
  • In reaching this conclusion, the Ninth Circuit analyzed two key prior Supreme Court precedents: New York Times v. Sullivan (public official seeking damages for defamation must show “actual malice” as defined as a showing thatthe defendant published the defamatory statement with knowledge that it was false, or with reckless disregard as to whether it was false or not) and Gertz v. Robert Welch, Inc. (First Amendment requires only a negligence standard for private defamation actions). Notably, Gertz involved an institutional media defendant, and the Gertz Court invoked the need to shield “the press and broadcast media from the rigors of strict liability for defamation.” Yet neither New York Times nor Gertz, as the Ninth Circuit noted, were expressly limited to the institutional press. Moreover,a number of other Supreme Court cases have rejected such a limitation: Bartnicki v. Vopper; Cohen v. Cowles Media Co.; First National Bank of Boston v. Bellotti; and Citizens United v. Federal Election Commission.
Paul Merrell

Obama's Lies, NSA Spies, and the Sons of Liberty: Will You Choose Dangerous Freedom or ... - 0 views

  • After such a 1984-esque send-up, it doesn’t even really matter what else Obama had to say in his speech about NSA reforms and the like. Rest assured, it was largely a pack of lies. Mind you, Obama said it eloquently enough and interspersed it with all the appropriately glib patriotic remarks about individual freedom and the need to defend the Constitution and securing the life of our nation while preserving our liberties. After all, Obama has proven to be very good at saying one thing and doing another, whether it’s insisting that “you can keep your health care plan,” that he’ll close Guantanamo, or that his administration’s controversial drone strikes only target terrorists and not civilians. When it comes to the NSA, Obama has been lying to the American people for quite some time now. There was the time he claimed the secret FISA court is “transparent.” Then he insisted that “we don’t have a domestic spying program.” And then, to top it all off, he actually insisted there was no evidence the NSA was “actually abusing” its power. As David Sirota writes for Salon: “it has now become almost silly to insinuate or assume that the president hasn’t also been lying. Why? Because if that’s true — if indeed he hasn’t been deliberately lying — then it means he has been dangerously, irresponsibly and negligently ignorant of not only the government he runs, but also of the news breaking around him.”
  • So in terms of Obama’s latest speech on the NSA, if you read between the lines—or just ignore the president’s words and pay attention to his actions—it’s clear that nothing is going to change. The NSA will continue to abuse its power by spying on Americans’ phone calls and emails. They will continue to collect metadata on our various communications and activities. And they will continue to carry out their surveillance in secret, with no attempts at transparency or accountability. The NSA will do so, no matter what Obama claims to the contrary, because this black ops-funded agency whose very existence is abhorrent to the Constitution has become a power unto itself. They no longer work for us or for the president, for that matter. He works for them. Remember, Obama is the chief executive of a super secretive surveillance state whose overarching purpose is to remain in power by any means available. As such, he and his surveillance state cohorts have far more in common with King George and the British government of his day than with the American colonists who worked hard to foment a rebellion and overthrow a despotic regime.
  • Indeed, Obama and his speechwriters would do well to brush up on their history. In doing so, they will find that the Sons of Liberty, the “small, secret surveillance committee” they conveniently liken to the NSA, was in fact an underground, revolutionary movement that fought the established government of its day, whose members were considered agitators, traitors and terrorists not unlike Edward Snowden.
Paul Merrell

Edward Snowden: US government spied on human rights workers | World news | The Guardian - 0 views

  • The US has spied on the staff of prominent human rights organisations, Edward Snowden has told the Council of Europe in Strasbourg, Europe's top human rights body.Giving evidence via a videolink from Moscow, Snowden said the National Security Agency – for which he worked as a contractor – had deliberately snooped on bodies like Amnesty International and Human Rights Watch.He told council members: "The NSA has specifically targeted either leaders or staff members in a number of civil and non-governmental organisations … including domestically within the borders of the United States." Snowden did not reveal which groups the NSA had bugged.The assembly asked Snowden if the US spied on the "highly sensitive and confidential communications" of major rights bodies such as Amnesty and Human Rights Watch, as well as on similar smaller regional and national groups. He replied: "The answer is, without question, yes. Absolutely."
  • Snowden, meanwhile, dismissed NSA claims that he had swiped as many as 1.7m documents from the agency's servers in an interview with Vanity Fair. He described the number released by investigators as "simply a scare number based on an intentionally crude metric: everything that I ever digitally interacted with in my career."He added: "Look at the language officials use in sworn testimony about these records: 'could have,' 'may have,' 'potentially.' They're prevaricating. Every single one of those officials knows I don't have 1.7m files, but what are they going to say? What senior official is going to go in front of Congress and say, 'We have no idea what he has, because the NSA's auditing of systems holding hundreds of millions of Americans' data is so negligent that any high-school dropout can walk out the door with it'?"In live testimony to the Council of Europe, Snowden also gave a forensic account of how the NSA's powerful surveillance programs violate the EU's privacy laws. He said programs such as XKeyscore, revealed by the Guardian last July, use sophisticated data mining techniques to screen "trillions" of private communications."This technology represents the most significant new threat to civil liberties in modern times," he declared.
  • XKeyscore allows analysts to search with no prior authorisation through vast databases containing emails, online chats, and the browsing histories of millions of individuals.Snowden said on Tuesday that he and other analysts were able to use the tool to select an individual's metadata and content "without judicial approval or prior review".In practical terms, this meant the agency tracked citizens not involved in any nefarious activities, he stressed. The NSA operated a "de facto policy of guilt by association", he added.Snowden said the agency, for example, monitored the travel patterns of innocent EU and other citizens not involved in terrorism or any wrongdoing.The 30-year-old whistleblower – who began his intelligence career working for the CIA in Geneva – said the NSA also routinely monitored the communications of Swiss nationals "across specific routes".
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.)
  • 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.
  • 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:  
  • 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. 
  • Noura Erakat
Paul Merrell

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

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

Greg Palast: 25 Years After Exxon Valdez, BP Was the Hidden Culprit - Truthdig - 0 views

  • Two decades ago I was the investigator for the legal team that sold you the bullshit that a drunken captain was the principal cause of the Exxon Valdez disaster, the oil tanker crackup that poisoned over a thousand miles of Alaska’s coastline 25 years ago on March 24, 1989. The truth is far uglier, and the real culprit—British Petroleum, now BP—got away without a scratch to its reputation or to its pocketbook. And because BP’s willful negligence, prevarications and fraud in the Exxon Valdez spill cost the company nothing, its disdain for the law, for the environment and for the safety of its workers was repeated in the Gulf of Mexico with deadly consequences, resulting, two decades later, in the Deepwater Horizon disaster. Just this month, the Obama administration authorized BP to return to drilling in the Gulf.
  • It would be worth the time of our ever-trusting regulators to take a look at my Exxon Valdez BP files. They would see a decades-long pattern of BP’s lies, bribes and cover-ups that led, inexorably, to the Deepwater Horizon blowout—and that continue today within BP’s worldwide oil operations. Advertisement <a href='http://www.truthdig.com/banners/www/delivery/ck.php?n=abee66dc&cb=453495791' target='_blank'><img src='http://www.truthdig.com/banners/www/delivery/avw.php?zoneid=8&cb=453495791&n=abee66dc' border='0' alt='' /></a> Here is a sample from my files on BP from the original Exxon Valdez fraud and racketeering investigation:
Paul Merrell

'US desperate to isolate Russia on all fronts' - 0 views

  • The Obama administration is taking no prisoners trying to “isolate” Russia on all possible fronts – with negligible results so far.
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    Pepe Escobar on the U.S. Neocon push to renew the Cold War. 
Paul Merrell

Cost of Medical Bills for Baby Hit by SWAT Grenade? Over $800,000. County's Refusal to ... - 0 views

  • Remember back in May when a gang of uniformed thugs from the  Habersham County SWAT team threw a flash-bang grenade right on top of a sleeping baby? Well, stellar group that they are, they’ve refused to pay the over $800,000 in medical bills for the child that they permanently disfigured and nearly killed. That’s right. They aren’t paying the bills and are leaving the family to try and cover the costs for the toddler’s care. Our militarized police forces are claiming too many innocent victims, and they aren’t being held accountable.
  • The family’s attorneys, from the Davis Bozeman Law Firm in Decatur, Georgia, released a statement this morning: The family of Bounkham “Baby Bou Bou” Phonesavanh, the child severely injured on May 28, 2014 by a flash bang grenade thrown in his play pen during a botched police raid while his family was staying in Georgia, received a copy of the notice sent to their son’s doctor’s office that Habersham County reneges on their public promise to pay for the medical expenses of this working class family’s child. “Bounkham “Baby Bou Bou” Phonesavanh has to date incurred an estimated $800,000 worth of expenses due to his injuries. Shortly after severely burning “Baby Bou Bou” with a flash bang grenade the Habersham County Sheriff’s Department vowed to pay for the child’s medical expenses.  Last week the family discovered through medical providers that the county will not pay any medical bills.  The county stated that it would be “illegal” to pay. Recently, Alecia Phonesavanh shared her son’s injuries are so severe that doctors predict several more surgeries throughout his life to repair the hole in his chest and major facial injuries.
  • he Habersham County Attorney responded on behalf of the county Board of Commissioners with this vague explanation. “The question before the board was whether it is legally permitted to pay these expenses. After consideration of this question following advice of counsel, the board of commissioners has concluded that it would be in violation of the law for it to do so.”
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  • It’s important to remember a few things regarding this case. 1.) There is no question or denial that the SWAT team threw a grenade right on top of a sleeping baby. 2.) No drugs were found on the premises. 3.) The person they were looking for was not present at the time of the no-knock raid. It’s bad enough that it happened.  But to cripple the family financially with nearly a million dollars in medical expenses on top of that? This isn’t even about the shoddy police work, the bad intel, or the poor decision to throw a grenade (that was designed to be rolled) into a room full of children. Nor is it about the slimy sheriff of Habersham County, who, if you recall, defended the actions of his SWAT team.
  • This is about a complete lack of accountability. A refusal to take responsibility for a horrible mistake that crosses into criminal negligence, at the very least. What an absolutely repulsive group of individuals. They blew a hole through the face and chest cavity of a 19 month old child, permanently disfigured him,  put him through an unfathomable amount of agony with treatments and repeated surgeries, and now, the family, which was already struggling financially after losing their home in a fire, is stuck with the bill, which will continue to climb, since Bou Bou is looking at several more operations.
Paul Merrell

ClubOrlov: Whiplash! - 0 views

  • Over the course of 2014 the prices the world pays for crude oil have tumbled from over $125 per barrel to around $45 per barrel now, and could easily drop further before heading much higher before collapsing again before spiking again. You get the idea. In the end, the wild whipsawing of the oil market, and the even wilder whipsawing of financial markets, currencies and the rolling bankruptcies of energy companies, then the entities that financed them, then national defaults of the countries that backed these entities, will in due course cause industrial economies to collapse. And without a functioning industrial economy crude oil would be reclassified as toxic waste. But that is still two or three decades off in the future.
  • An additional problem is the very high depletion rate of “fracked” shale oil wells in the US. Currently, the shale oil producers are pumping flat out and setting new production records, but the drilling rate is collapsing fast. Shale oil wells deplete very fast: flow rates go down by half in just a few months, and are negligible after a couple of years. Production can only be maintained through relentless drilling, and that relentless drilling has now stopped. Thus, we have just a few months of glut left. After that, the whole shale oil revolution, which some bobbleheads thought would refashion the US into a new Saudi Arabia, will be over. It won't help that most of the shale oil producers, who speculated wildly on drilling leases, will be going bankrupt, along with exploration and production companies and oil field service companies. The entire economy that popped up in recent years around the shale oil patch in the US, which was responsible for most of the growth in high-paying jobs, will collapse, causing the unemployment rate to spike.
  • The game they are playing is basically a game of chicken. If everybody pumps all the oil they can regardless of the price, then at some point one of two things will happen: shale oil production will collapse, or other producers will run out of money, and their production will collapse. The question is, Which one of these will happen first? The US is betting that the low oil prices will destroy the governments of the three major oil producers that are not under their political and/or military control. These are Venezuela, Iran and, of course, Russia. These are long shots, but, having no other cards to play, the US is desperate. Is Venezuela enough of a prize? Previous attempts at regime change in Venezuela failed; why would this one succeed? Iran has learned to survive in spite of western sanctions, and maintains trade links with China, Russia and quite a few other countries to work around them. In the case of Russia, it is as yet unclear what fruit, if any, western policies against it will bear. For example, if Greece decides to opt out of the European Union in order to get around Russia's retaliatory sanctions against the EU, then it will become entirely unclear who has actually sanctioned whom.
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  • The US is making a desperate attempt to knock over a petro-state or two or three before its shale oil runs out, with the Canadians, their tar sands now unprofitable, hitching a ride on its coat-tails, because if this attempt doesn't work, then it's lights out for the empire. But none of their recent gambits have worked. This is the winter of imperial discontent, and the empire is has been reduced to pulling pathetic little stunts that would be quite funny if they weren't also sinister and sad.
  • But a bunch of deluded people muttering to themselves in a dark corner, while the rest of the world points at them and laughs, does not an empire make. With this level of performance, I would venture to guess that nothing the empire tries from here on will work to its satisfaction.
  • Because it will recover. The fix for low oil prices is... low oil prices. Past some point high-priced producers will naturally stop producing, the excess inventory will get burned up, and the price will recover. Not only will it recover, but it will probably spike, because a country littered with the corpses of bankrupt oil companies is not one that is likely to jump right back into producing lots of oil while, on the other hand, beyond a few uses of fossil fuels that are discretionary, demand is quite inelastic. And an oil price spike will cause another round of demand destruction, because the consumers, devastated by the bankruptcies and the job losses from the collapse of the oil patch, will soon be bankrupted by the higher price. And that will cause the price of oil to collapse again. And so on until the last industrialist dies. His cause of death will be listed as “whiplash”: the “shaken industrialist syndrome,” if you will. Oil prices too high/low in rapid alternation will have caused his neck to snap.
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    Dmitry Orlov with a humorous yet inscisient take on the state and future of the oil market. Spoiler: He sees signs of desperation amongst the leaders of the American Empire, reduced to no viable options. 
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    "inscisient"? Make that "incisive." Follow reading Orlov's piece by reading Mike Whitney's latest at http://www.counterpunch.org/2015/01/20/are-plunging-petrodollar-revenues-behind-the-feds-projected-rate-hikes/ A lot of confirmation of what Orlov said in Whitney's article, citing hard numbers. Mass layoffs in the U.S. and Canadian oil industry; the petrodolar has stopped providing liquidity for the dollar; and the Fed plans to raise interest rates to force an influx of dollars from developing nations, in order to replace the petrodollar liquidity crisis. Whitney makes a strong case that it's a plot by the big banksters to steal another huge pile of cash at the expense of a huge number of jobs in the U.S. Both Orlov and Whitney say that it's going to be a very rough ride for the 99 per cent and for the population of developing nations. Indeed, Whitney's numbers say we are already over the precipice on jobs and well into free-fall.
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    But last night, Obama had the gall to claim that all is just peachy-k een on the jobs front. As he helps the banksters offshore another huge number of U.S. jobs.
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