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Paul Merrell

Beijing-Based IMF? Lagarde Ponders China Gaining on U.S. Economy - Bloomberg - 0 views

  • The International Monetary Fund’s headquarters may one day shift to Beijing from Washington, aligning with China’s growing influence in the world economy, the fund’s managing director said. Christine Lagarde, speaking late today in London, said IMF rules require the main office be located in the country that is the biggest shareholder, which the U.S. has been since the fund was formed 70 years ago.
  • The IMF founding members “decided that the institution would be headquartered in the country which had the biggest share of the quota, which chipped in the biggest amount and contributed most. And that is still today the United States,” she said in response to questions at the London School of Economics. “But the way things are going, I wouldn’t be surprised if one of these days the IMF was headquartered in Beijing for instance,” she said. “It would be the articles of the IMF that would dictate it.”
  • Lagarde said the IMF has a good relationship with China, the world’s second largest economy and she praised the government’s commitment to fighting corruption. She had less kind things to say about the U.S., which remains the “outlier” among Group of 20 countries to approve an overhaul of the ownership of the 188-member organization. The plan would give emerging markets more influence and would elevate China to the third-largest member nation. Lagarde said there is “frustration by countries like China, like Brazil, like India, with the lack of progress in reforming the IMF by adopting the quota reform that would give emerging-market economies a bigger voice, a bigger vote, a bigger share in the institution and I share that frustration immensely.”
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  • “The credibility of the institution, its relevance in the world in conducting the mission that it was assigned 70 years ago is highly correlated with its good representation of the membership,” she said. “We cannot have a good representation of the membership when China has a teeny tiny share of quota, share of voice when it has grown to where it has grown.”
Paul Merrell

Erdogan: Israeli policy in Gaza no different than Hitler's mentality - Israel News, Yne... - 0 views

  • Turkish Prime Minister Recep Tayyip Erdogan on Tuesday stepped up his rhetoric against Israel over its deadly air offensive on Gaza when he compared Israel to Adolf Hitler, Turkish daily Hurriyet reported.
  • Turkish Prime Minister Recep Tayyip Erdogan on Tuesday stepped up his rhetoric against Israel over its deadly air offensive on Gaza when he compared Israel to Adolf Hitler, Turkish daily Hurriyet reported.
  • Turkish Prime Minister Recep Tayyip Erdogan on Tuesday stepped up his rhetoric against Israel over its deadly air offensive on Gaza when he compared Israel to Adolf Hitler, Turkish daily Hurriyet reported.
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  • Erdogan reportedly told members of his party that Israel's policies regarding the Palestinians were no different to the mentality of the Nazi leader.   Referring to a purported remark by a Knesset member that “all Palestinians are our enemies,” Erdogan reportedly said this was no different to the views of Hitler. “If these words had been said by a Palestinian, the whole world would have denounced it,” Hurriyet quoted him as saying.
  • Erdogan says Israel behind Egypt coup
  • Presenting himself as the sole world leader speaking up for the Palestinians, Erdogan said that any normalisation in the troubled ties between Israel and Ankara was currently out of the question.   "Israel is continuing to carry out state terrorism in the region. Nobody, except us, tells it to stop," Erdogan told members of his ruling party in parliament, accusing Israel of perpetrating a "massacre" of Palestinians.   "To what extent will the world remain silent to this state terrorism?"   Supporters from his Islamic-rooted Justice and Development Party (AKP) often interrupted his address by shouting slogans like "Murderer Israel!".   His comments came after a week of the deadliest violence in the Gaza Strip for years which has claimed at least 192 lives, sparking international condemnation.
  • Ties between Israel and Turkey hit an all-time low after Israeli marines stormed a Gaza-bound Turkish ship in 2010 while in international waters. Ten Turks were killed.   Encouraged by the United States, there had been progress toward a normalization of ties. But Erdogan said this could not be considered as long as the Israeli offensive continued.   "The Israeli state must know that it is out of the question to normalize our relations if those massacres continue," he said.   Erdogan sees himself as a champion of the Palestinian cause and is also keen to underline his credentials as a global Muslim leader ahead of August 10 presidential elections in which he is standing.
  • "You are no longer alone and will never be," said Erdogan, referring to the Palestinians.   Until the rise to power of Erdogan's AKP, NATO member Turkey was seen as Israel's key ally in the Islamic world and Middle East
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    Election season in Turkey. But Erdogan's call for Zionism and Islamophobia to be classified as crimes against humanity is spot on the mark. 
Paul Merrell

Bernie Sanders Introduces a Bill to Break Up the Big Banks | The Nation - 0 views

  • Senator Bernie Sanders announced legislation Wednesday that would break up the country’s largest financial institutions. It’s the third time he’s introduced such a measure, but this time around he wields the large microphone of a presidential candidate. The bill, titled the “Too Big to Fail, Too Big to Exist Act,” will also be introduced in the House by Representatives Brad Sherman and Alan Grayson. If passed, it would require regulators at the Financial Stability Oversight Council to come up with a list of too-big-to-fail institutions whose failure would threaten the economy. One year later, those banks would be broken up by the secretary of the Treasury. Sure to be included on that list, based on the standards outlined in the legislation, would be JPMorgan Chase, Citigroup, Goldman Sachs, Bank of America, and Morgan Stanley.
  • It also unavoidably poses a test for Hillary Clinton, the other declared Democratic candidate. Much of the Draft Warren movement launched by progressive activists focused on the Massachusetts senator’s advocacy for combating the financial sector’s power generally, and breaking up the big banks in particular—and Clinton’s perceived weakness on that front.
  • Another likely Democratic candidate, former Maryland governor Martin O’Malley, wrote an op-ed in The Des Moines Register in March that also called for the biggest financial institutions to be broken up. Elsewhere, Senators Sherrod Brown and David Vitter have introduced similar legislation in the past, and the Federal Deposit Insurance Corporation’s Tom Hoenig also favors break-ups. Sanders and Sherman cited the danger posed to the economy by big banks, many of which are dramatically larger than they were before the 2008 financial crisis. JPMorgan Chase, for example, has increased its assets by $1.1 trillion since 2007. “In 2008 we learned that if Wall Street calls and says ‘bail us out or we’re going to take the economy down with us,’ that even if there is no statutory provision for bailouts, which there really isn’t today, Congress will pass as we did in 2008 a bill mandating the bailout,” said Sherman. “So ‘too big to fail’ means you will be bailed. That isn’t capitalism. That is socialism for the wealthy.”
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  • Sanders noted the large fines and settlement paid by big financial institutions since 2009, totaling $176 billion, and referenced former attorney general Eric Holder’s frank admission in 2013 that some banks are “too big to jail.” (Holder later walked back that comment, though no high-level executives have gone to prison for anything related to the financial crisis.)
  • The duo also described their belief that big Wall Street banks are crushing smaller and medium-sized banks. Sherman cited research from the International Monetary Fund that when big banks have implicit taxpayer backing, their access to capital is so much easier that it amounts to an extra $83 billion annually—something he argued was an unfair advantage over smaller banks that would be allowed to fail. The Independent Community Bankers of America, which represents 6,000 smaller banks, has endorsed the Sanders-Sherman legislation. Beyond just small banks, Sanders argued that enormous financial institutions harm the broader economy because those smaller banks are key sources of capital for small businesses. “Wall Street cannot be an island unto itself separate from the productive economy,” he said.
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    Sanders pushing Hillary to commit to doing something about the banks. Fat chance. But maybe he can show who she really is.
Paul Merrell

Canadian Government Says Free Speech is for Offending Muslims - Not Opposing Israel - T... - 0 views

  • Canadian Prime Minister Stephen Harper, January 8, 2015, on Charlie Hebdo shootings: “When a trio of hooded men struck at some of our most cherished democratic principles, freedom of expression, freedom of the press, they assaulted democracy everywhere . . . They have declared war on anybody who does not think and act exactly as they wish they would think and act . . . . they have declared war on any country, like ourselves, that values freedom, openness and tolerance.”
  • CBC, today: “Ottawa threatening hate charges against those who boycott Israel” The Harper government is signaling its intention to use hate crime laws against Canadian advocacy groups that encourage boycotts of Israel. Such a move could target a range of civil society organizations, from the United Church of Canada and the Canadian Quakers to campus protest groups and labour unions. If carried out, it would be a remarkably aggressive tactic, and another measure of the Conservative government’s lockstep support for Israeli Prime Minister Benjamin Netanyahu. . . . The government’s intention was made clear in a response to inquiries from CBC News about statements by federal ministers of a “zero tolerance” approach to groups participating in a loose coalition called Boycott, Divest and Sanction (BDS), which was begun in 2006 at the request of Palestinian non-governmental organizations.
  • Has a #JeSuisBDS hashtag started trending yet on Twitter? Under the new Charlie Hebdo standard — it’s not enough to defend free speech; one must praise and even express the speech targeted with suppression — have all of the newfound free speech crusaders begun organizing pro-Israel-boycott rallies in order to defy these suppression efforts? In a zillion years, could anyone imagine the popularity-craving officials who run PEN America bestowing one of their glamorous awards on advocates of the Israel-targeted Boycott/Divestment/Sanctions movement? The answer to all of those questions is and will remain “no,” because (as I discussed last week here with Bob Wright) the Charlie Hebdo ritual (for most, not all) was about many agendas having nothing to do with the free expression banner under which it paraded. In that regard, Stephen Harper is the perfect Poster Boy for how free expression is tribalistically manipulated and exploited in the West. When the views being suppressed are ones amenable to those in power (e.g., cartoons mocking Islam), free speech is venerated; attempts to suppress those kinds of ideas show that “they have declared war on any country, like ourselves, that values freedom, openness and tolerance.” We get to celebrate ourselves as superior and progressive and victimized, and how good that feels. But when ideas are advocated that upset those in power (e.g. speech by Muslims critical of Western nations and their allies), the very same people acquiesce to, or expressly endorse, full-scale suppression. Thus can the Canadian Prime Minister pompously parade around as some sort of Guardian of Enlightenment Ideals only, three months later, to act like the classic tyrant.
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  • Asked to explain what zero tolerance means, and what is being done to enforce it, a spokesperson for Public Safety Minister Steven Blaney replied, four days later, with a detailed list of Canada’s updated hate laws, noting that Canada has one of the most comprehensive sets of such laws “anywhere in the world.”
  • As I’ve argued many times — most comprehensively here — all applications of hate speech laws are inherently tyrannical, dangerous and wrong, and it’s truly mystifying (and scary) that people convince themselves that their judgment is so unerring and their beliefs so sacrosanct that it should be illegal to question or dissent from them. But independent of that, what we see here again is the utter foolishness of endorsing such laws on pragmatic grounds: they will inevitably be used against not just the ideas you hate but the ones you like, and when that happens, if you cheered when such laws were used to suppress the ideas you hate, then you will have no valid ground to object.
  • UPDATE: Various Israel devotees such as David Frum spent the morning insisting the CBC story is false, and now the Canadian government has followed suit, issuing a statement denouncing it. Unfortunately for them, the full email exchange between the CBC reporter, Neil Macdonald, and a spokesman for the Public Safety Department can be read here, and it proves that the CBC story is 100% accurate.
Paul Merrell

APNewsBreak: Turkey, Saudi in pact to help anti-Assad rebels - The Washington Post - 0 views

  • Casting aside U.S. concerns about aiding extremist groups, Turkey and Saudi Arabia have converged on an aggressive new strategy to bring down Syrian President Bashar Assad. The two countries — one a democracy, the other a conservative kingdom — have for years been at odds over how to deal with Assad, their common enemy. But mutual frustration with what they consider American indecision has brought the two together in a strategic alliance that is driving recent rebel gains in northern Syria, and has helped strengthen a new coalition of anti-Assad insurgents, Turkish officials say. That is provoking concern in the United States, which does not want rebel groups, including the al-Qaida linked Nusra Front, uniting to topple Assad. The Obama administration worries that the revived rebel alliance could potentially put a more dangerous radical Islamist regime in Assad’s place, just as the U.S. is focused on bringing down the Islamic State group. A U.S. official, speaking on condition of anonymity because of the sensitivity of the issues, said the administration is concerned that the new alliance is helping Nusra gain territory in Syria.
  • The coordination between Turkey and Saudi Arabia reflects renewed urgency and impatience with the Obama administration’s policy in the region. Saudi Arabia previously kept its distance and funding from some anti-Assad Islamist groups at Washington’s urging, according to Turkish officials. Saudi Arabia and Turkey also differed about the role of the international Islamist group, the Muslim Brotherhood, in the Syrian opposition. Turkey supports the group, while the Saudi monarchy considers it a threat to its rule at home; that has translated into differences on the ground — until recently. “The key is that the Saudis are no longer working against the opposition,” a Turkish official said. He and other officials spoke on condition of anonymity because they were not authorized to brief the media. Turkish officials say the Obama administration has disengaged from Syria as it focuses on rapprochement with Iran. While the U.S. administration is focused on degrading the Islamic State group in Syria and Iraq, they say it has no coherent strategy for ending the rule of Assad, Iran’s key ally in the region.
  • The new Turkish and Saudi push suggests that they view Assad as a bigger threat to the region than groups like Nusra. Turkish officials discount the possibility that Nusra will ever be in a position to hold sway over much of Syria. Under Turkish and Saudi patronage, the rebel advance has undermined a sense that the Assad government is winning the civil war — and demonstrated how the new alliance can yield immediate results. The pact was sealed in early March when Turkish President Recep Tayyip Erdogan flew to Riyadh to meet Saudi’s recently crowned King Salman. Relations had been tense between Erdogan and the late King Abdullah, in great part over Erdogan’s support of the Muslim Brotherhood. The Saudi shift appears to be part of broader proxy war against Iran that includes Saudi-led airstrikes in Yemen against Iran-backed Houthi rebels. The new partnership adds Saudi money to Turkey’s logistical support.
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  • “It’s a different world now in Syria, because the Saudi pocketbook has opened and the Americans can’t tell them not to do it,” said Joshua Landis, the director of the Center for Middle East Studies at the University of Oklahoma. “It’s quite clear that Salman has prioritized efforts against Iran over those against the Muslim Brotherhood.” The Turkish-Saudi agreement has led to a new joint command center in the northeastern Syrian province of Idlib. There, a coalition of groups — including Nusra and other Islamist brigades such as Ahrar al-Sham that Washington views as extremist — are progressively eroding Assad’s front. The rebel coalition also includes more moderate elements of the Free Syrian Army that have received U.S. support in the past. At the end of March, the alliance — calling itself “Conquest Army” — took the city of Idlib, followed by the strategic town of Jisr al-Shughour and then a government military base.
  • Turkish officials say that Turkey provides logistical and intelligence support to some members of the coalition, but has no interaction with Nusra — which it considers a terrorist group. But the difference with IS, the officials say, is that Turkey does not view Nusra as a security threat and therefore does not impede it.
  • Turkish officials say that the U.S. has no strategy for stabilizing Syria. One Turkish official said that the CIA has even lately halted its support for anti-Assad groups in northern Iraq. U.S. trainers are now in Turkey on a train-and-equip program aimed at adding fighters to counter the Islamic State group and bolster moderate forces in Syria, but Turkish officials are skeptical that it will amount to much. Usama Abu Zeid, a legal adviser to the Free Syrian Army, confirmed that the new coordination between Turkey and Saudi Arabia — as well as Qatar — had facilitated the rebel advance, but said that it not yet led to a new flow of arms. He said rather that the fighters had seized large caches of arms from Syrian government facilities. So far, Abu Zeid said, the new understanding between the militia groups and their international partners has led to quick success. “We were able to cause a lot of damage and capture more territory from the regime,” he said. But Landis said that it is a dangerous game — especially for Turkey.
  • “The cautionary tale is that every power in the Middle East has tried to harness the power of Islamists to their own ends,” he said, noting that Assad’s government also backed Islamists in Iraq who later turned their guns on him. “It always seems to blow back.”
Gary Edwards

The secret corporate takeover of trade agreements | Business | The Guardian - 0 views

  • The US and the world are engaged in a great debate about new trade agreements. Such pacts used to be called free-trade agreements; in fact, they were managed trade agreements, tailored to corporate interests, largely in the US and the EU. Today, such deals are more often referred to as partnerships, as in the Trans-Pacific Partnership (TPP). But they are not partnerships of equals: the US effectively dictates the terms. Fortunately, America’s “partners” are becoming increasingly resistant. It is not hard to see why. These agreements go well beyond trade, governing investment and intellectual property as well, imposing fundamental changes to countries’ legal, judicial, and regulatory frameworks, without input or accountability through democratic institutions. Perhaps the most invidious – and most dishonest – part of such agreements concerns investor protection. Of course, investors have to be protected against rogue governments seizing their property. But that is not what these provisions are about. There have been very few expropriations in recent decades, and investors who want to protect themselves can buy insurance from the Multilateral Investment Guarantee Agency, a World Bank affiliate, and the US and other governments provide similar insurance. Nonetheless, the US is demanding such provisions in the TPP, even though many of its partners have property protections and judicial systems that are as good as its own.
  • The real intent of these provisions is to impede health, environmental, safety, and, yes, even financial regulations meant to protect America’s own economy and citizens. Companies can sue governments for full compensation for any reduction in their future expected profits resulting from regulatory changes. This is not just a theoretical possibility. Philip Morris is suing Uruguay and Australia for requiring warning labels on cigarettes. Admittedly, both countries went a little further than the US, mandating the inclusion of graphic images showing the consequences of cigarette smoking. The labeling is working. It is discouraging smoking. So now Philip Morris is demanding to be compensated for lost profits. In the future, if we discover that some other product causes health problems (think of asbestos), rather than facing lawsuits for the costs imposed on us, the manufacturer could sue governments for restraining them from killing more people. The same thing could happen if our governments impose more stringent regulations to protect us from the impact of greenhouse gas emissions.
  • When I chaired Bill Clinton’s council of economic advisers, when he was president, anti-environmentalists tried to enact a similar provision, called “regulatory takings”. They knew that once enacted, regulations would be brought to a halt, simply because government could not afford to pay the compensation. Fortunately, we succeeded in beating back the initiative, both in the courts and in the US Congress. But now the same groups are attempting an end run around democratic processes by inserting such provisions in trade bills, the contents of which are being kept largely secret from the public (but not from the corporations that are pushing for them). It is only from leaks, and from talking to government officials who seem more committed to democratic processes, that we know what is happening.
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  • Fundamental to America’s system of government is an impartial public judiciary, with legal standards built up over the decades, based on principles of transparency, precedent, and the opportunity to appeal unfavourable decisions. All of this is being set aside, as the new agreements call for private, non-transparent, and very expensive arbitration. Moreover, this arrangement is often rife with conflicts of interest; for example, arbitrators may be a judge in one case and an advocate in a related case. The proceedings are so expensive that Uruguay has had to turn to Michael Bloomberg and other wealthy Americans committed to health to defend itself against Philip Morris. And, though corporations can bring suit, others cannot. If there is a violation of other commitments – on labour and environmental standards, for example – citizens, unions, and civil society groups have no recourse. If there ever was a one-sided dispute-resolution mechanism that violates basic principles, this is it. That is why I joined leading US legal experts, including from Harvard, Yale, and Berkeley, in writing a letter to Barack Obama explaining how damaging to our system of justice these agreements are.
  • American supporters of such agreements point out that the US has been sued only a few times so far, and has not lost a case. Corporations, however, are just learning how to use these agreements to their advantage. And high-priced corporate lawyers in the US, Europe and Japan will likely outmatch the underpaid government lawyers attempting to defend the public interest. Worse still, corporations in advanced countries can create subsidiaries in member countries through which to invest back home, and then sue, giving them a new channel to bloc regulations. If there were a need for better property protection, and if this private, expensive dispute-resolution mechanism were superior to a public judiciary, we should be changing the law not just for well heeled foreign companies but also for our own citizens and small businesses. But there has been no suggestion that this is the case.
  • Rules and regulations determine the kind of economy and society in which people live. They affect relative bargaining power, with important implications for inequality, a growing problem around the world. The question is whether we should allow rich corporations to use provisions hidden in so-called trade agreements to dictate how we will live in the 21st century. I hope citizens in the US, Europe and the Pacific answer with a resounding no. Joseph Stiglitz, a Nobel laureate in economics, is a professor at Columbia University. His most recent book, co-authored with Bruce Greenwald, is Creating a Learning Society: A New Approach to Growth, Development, and Social Progress
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    Economist Joseph Stiglitz takes on the TPP (Trans Pacific Partnership) trade agreement, explaining how corporations will use the agreement to side step environmental and regulatory laws of sovereign nations. Amazing stuff. No doubt Wall Street Money is behind these trade agreement. The Banksters are said to own over 40% of the world's corporations and these agreements are designed to establish corporate sovereignty while greatly diminishing state sovereignty. It's the New World Order. "Terms such as 'investor' and 'partner' are taking on new meanings as multinationals manipulate deals to take legal action against sovereign states"
Paul Merrell

The Strange Case of the Forgotten Gitmo Detainee - Raymond Bonner - POLITICO Magazine - 0 views

  • ince being seized in a raid in Pakistan in 2002, Abu Zubaydah has had his life controlled by American officials, first at secret sites where he was tortured, and since 2006 in a small cell in Guantanamo Bay, Cuba. And, thanks to one of the strangest—and perhaps most troubling—legal cases to grow out of the War on Terror, it appears he’s not going to be leaving anytime soon, which was exactly what the CIA always intended. Today, not even his lawyers understand what’s transpired behind closed doors in a Washington, D.C., courtroom. In June 2008, the Supreme Court ruled that detainees at Guantanamo had the right to challenge their imprisonment in federal court and that their cases should be handled “promptly” by the judicial system. The next month, lawyers for Abu Zubaydah, a detainee whose torture and waterboarding in secret prisons was among the most notorious of the Bush years, filed a lawsuit in federal court challenging his detention. The progress of that case has been anything but prompt. While more than 100 Guantanamo detainees have been released since then, and the military tribunals of even more high-profile detainees like 9/11 mastermind Khalid Sheikh Mohammed are moving forward in Guantanamo’s courtrooms, the federal judge hearing Zubaydah’s case has failed to rule on even the preliminary motions.
  • The seemingly intentional inaction has left even experienced court observers baffled. Richard W. Roberts, the U.S. District Court judge handling the suit, is not a particularly slow-moving jurist. His median time for resolving entire cases is slightly over two years; Zubaydah’s case has already been pending 6 years 9 months and 13 days. Because almost the entire file has been kept secret, it’s not possible to know why Roberts, who is the chief judge of the D.C. circuit, has let Zubaydah’s case languish. But this much is clear: Keeping Zubaydah from telling his story is exactly what the CIA wanted from the moment it began to torture him. And it’s exactly what they promised they’d do in 2002 during one of the darkest chapters of the War on Terror. Abu Zubaydah was one of the first al Qaeda suspects to face the harsh new regime implemented by the CIA following 9/11—a regime that FBI agents at the scene tried to prevent.
  • Soon after the agency’s contractors began their program of “enhanced interrogation” at the secret black site in Thailand—placing him in a coffin-size box, slamming him against wall, depriving him of sleep, bombarding him with loud music, as well as waterboarding—they sent an encrypted cable to Washington. The CIA interrogators said that if Zubaydah died during questioning, his body would be cremated. And if he survived the ordeal, the interrogators wanted assurances that he would “remain in isolation and incommunicado for the remainder of his life.” Senior officials gave the assurances. Zubaydah, a Saudi citizen, “will never be placed in a situation where he has any significant contact with others and/or has the opportunity to be released,” the head of the CIA’s ALEC Station, the code name of the Washington-based unit hunting Osama bin Laden, replied. “All major players are in concurrence,” the cable said, that he “should remain incommunicado for the remainder of his life.”
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  • The decision to hold Zubaydah “incommunicado” was disclosed by the Senate report on torture, which was released last December. But the judicial inaction on his case has received virtually no public attention. In all, Roberts has failed to rule on 16 motions, 13 of which have been filed by Zubaydah’s lawyers. Several of those allege misconduct by the government.
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    There's an old saying in the Anglo legal tradition, "justice delayed is justice denied." To delay a habeas corpus proceeding is the antithesis of what that writ is all about; promptly freeing those unlawfully held. 
Paul Merrell

Warrantless airport seizure of laptop "cannot be justified," judge rules | Ars Technica - 0 views

  • The US government's prosecution of a South Korean businessman accused of illegally selling technology used in aircraft and missiles to Iran was dealt a devastating blow by a federal judge. The judge ruled Friday that the authorities illegally seized the businessman's computer at Los Angeles International Airport as he was to board a flight home. The authorities who were investigating Jae Shik Kim exercised the border exception rule that allows the authorities to seize and search goods and people—without court warrants—along the border and at airport international terminals. US District Court judge Amy Berman Jackson of the District of Columbia noted that the Supreme Court has never directly addressed the issue of warrantless computer searches at an international border crossing, but she ruled (PDF) the government used Kim's flight home as an illegal pretext to seize his computer. Authorities then shipped it 150 miles south to San Diego where the hard drive was copied and examined for weeks, but the judge said the initial seizure "surely cannot be justified." After considering all of the facts and authorities set forth above, then, the Court finds, under the totality of the unique circumstances of this case, that the imaging and search of the entire contents of Kim’s laptop, aided by specialized forensic software, for a period of unlimited duration and an examination of unlimited scope, for the purpose of gathering evidence in a pre-existing investigation, was supported by so little suspicion of ongoing or imminent criminal activity, and was so invasive of Kim’s privacy and so disconnected from not only the considerations underlying the breadth of the government’s authority to search at the border, but also the border itself, that it was unreasonable.
  • "The government points to its plenary authority to conduct warrantless searches at the border. It posits that a laptop computer is simply a 'container' that was examined pursuant to this authority, and it submits that the government’s unfettered right to search cargo at the border to protect the homeland is the beginning and end of the matter," the judge wrote. Evidence discovered on his computer of his alleged involvement in the conspiracy that won an indictment is now suppressed, and it cannot be used against him according to the ruling. The authorities took the man's computer in 2012 for national security reasons but allowed him to board his flight home. The government did not comment on the decision. Judge Berman Jackson questioned whether the border search exception should apply to laptops because they carry much more private information than, say, a briefcase. Judge Jackson cited last year's Supreme Court case, known as Riley, in which the justices ruled unanimously that the authorities generally may not search the mobile phones of those they arrest unless they have a court warrant.
  • The Supreme Court said that "Modern cell phones, as a category, implicate privacy concerns far beyond those implicated by the search of a cigarette pack, a wallet, or a purse. A conclusion that inspecting the contents of an arrestee’s pockets works no substantial additional intrusion on privacy beyond the arrest itself may make sense as applied to physical items, but any extension of that reasoning to digital data has to rest on its own bottom." Seizing on that high court opinion, Judge Berman Jackson wrote: Applying the Riley framework, the national security concerns that underlie the enforcement of export control regulations at the border must be balanced against the degree to which Kim’s privacy was invaded in this instance. And as was set forth above, while the immediate national security concerns were somewhat attenuated, the invasion of privacy was substantial: the agents created an identical image of Kim’s entire computer hard drive and gave themselves unlimited time to search the tens of thousands of documents, images, and emails it contained, using an extensive list of search terms, and with the assistance of two forensic software programs that organized, expedited, and facilitated the task. Based upon the testimony of both Special Agent Hamako and Special Agent Marshall, the Court concludes that wherever the Supreme Court or the Court of Appeals eventually draws the precise boundary of a routine border search, or however either Court ultimately defines a forensic – as opposed to a conventional – computer search, this search was qualitatively and quantitatively different from a routine border examination, and therefore, it was unreasonable given the paucity of grounds to suspect that criminal activity was in progress.
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    The court's decision indicates that the Feds can still do a border search of a laptop but that they cross the line when they seize the computer for later forensic examination without a warrant. In this case, the government conducted the forensic examination before obtaining a warrant.
Paul Merrell

Putin: US Foreign Policy Boosted Expansion of Terrorism - 0 views

  • Russia’s president Putin uses unusually harsh words when it comes to the US foreign policy. He wants an alliance with China and the BRICS countries in order to close the security gap left by the US foreign policy: The illegal interventions of the West in the Middle East led to a strong Islamic State. BRICS should jointly defend themselves against such developments. Russia’s president Putin shows a harsher attitude towards West’s foreign policy: Putin accuses the West, quite bluntly, to be responsible for the emergence of the Islamic State. At a meeting with the BRICS security chiefs he said on Monday, according to TASS:”We know what is going on in the Middle East and North Africa now. We see problems caused by a terrorist organization, which calls itself ‚The Islamic State’. However, there was no terrorism in those states before the unacceptable interference from the outside took place without an approval of the UN Security Council. It is obvious that the consequences are tough. Everything that has happened in the international arena over the last couple of years needs to be re-adjusted”. Putin sees other states threatened by the aggressive policy pursued by the West:”It is obvious that our nations are threatened and this is due to the fact that the international law has been violated in combination with violation of sovereignty of different states and their spheres of influence”.
  • At his meeting with China’s representatives, Putin discussed with his guests the existing threat of ‚color revolutions’: One took place in the Ukraine, and Moscow believes that the US was behind the ousting of president Yanukovich as a result of the Maidan unrests. It is also a known fact among western observers that the US was pulling the strings in the background.Only recently a classified Pentagon report revealed that the US government had knowledge of a possible creation of IS. But the government did nothing to prevent it, since a conflict among Muslims suits the geostrategic direction of the US government.The fact that Putin links the US foreign policy in the Middle East with the geographical expansion of the Islamic State is remarkable. Putin has never before used such harsh words when explaining the possible causes for the crisis in the Middle East.It seems that Putin is putting more pressure on the West: The alliance is not making progress against the fragmented fighting groups in Syria. Recently David Cameron asked Putin to help find a joint solution for the Syria crisis. Putin, who supports Assad, may increase the price of his cooperation.  The harsh words used by Putin against the West in connection with the rise of the Islamic State may indicate the direction in the Middle East game. And it won’t be a position of weakness.
Paul Merrell

'If you challenge Israel's security, you challenge America's security. Plain and simple... - 0 views

  • Hillary Clinton’s campaign website is progressive on a lot of things. But no change on Israel/Palestine. “If you challenge Israel’s security, you challenge America’s security. Plain and simple.” Israel gets three mentions, Palestine zero. Of course, earlier this week she pledged to fight boycott movement in a letter to a big donor. And she “is moving left on every issue except Israel,” says Haaretz. Her website says, “America First,” on one page, then puts forward two pro-Israel planks under the rubric, “Defending America and our core values”:
Paul Merrell

Fossil fuels subsidised by $10m a minute, says IMF | Environment | The Guardian - 0 views

  • Fossil fuel companies are benefitting from global subsidies of $5.3tn (£3.4tn) a year, equivalent to $10m a minute every day, according to a startling new estimate by the International Monetary Fund. The IMF calls the revelation “shocking” and says the figure is an “extremely robust” estimate of the true cost of fossil fuels. The $5.3tn subsidy estimated for 2015 is greater than the total health spending of all the world’s governments. The vast sum is largely due to polluters not paying the costs imposed on governments by the burning of coal, oil and gas. These include the harm caused to local populations by air pollution as well as to people across the globe affected by the floods, droughts and storms being driven by climate change.
  • Nicholas Stern, an eminent climate economist at the London School of Economics, said: “This very important analysis shatters the myth that fossil fuels are cheap by showing just how huge their real costs are. There is no justification for these enormous subsidies for fossil fuels, which distort markets and damages economies, particularly in poorer countries.” Lord Stern said that even the IMF’s vast subsidy figure was a significant underestimate: “A more complete estimate of the costs due to climate change would show the implicit subsidies for fossil fuels are much bigger even than this report suggests.”
  • The IMF, one of the world’s most respected financial institutions, said that ending subsidies for fossil fuels would cut global carbon emissions by 20%. That would be a giant step towards taming global warming, an issue on which the world has made little progress to date. Ending the subsidies would also slash the number of premature deaths from outdoor air pollution by 50% – about 1.6 million lives a year. Furthermore, the IMF said the resources freed by ending fossil fuel subsidies could be an economic “game-changer” for many countries, by driving economic growth and poverty reduction through greater investment in infrastructure, health and education and also by cutting taxes that restrict growth.
Paul Merrell

What Should We Do if the Islamic State Wins? | Foreign Policy - 0 views

  • It’s time to ponder a troubling possibility: What should we do if the Islamic State wins? By “wins,” I don’t mean it spreads like wildfire throughout the Muslim world, eventually establishing a caliphate from Baghdad to Rabat and beyond. That’s what its leaders say they are going to do, but revolutionary ambitions are not reality and that possibility is particularly far-fetched. Rather, an Islamic State victory would mean that the group retained power in the areas it now controls and successfully defied outside efforts to “degrade and destroy” it. So the question is: What do we do if the Islamic State becomes a real state and demonstrates real staying power? That possibility is looking more likely these days, given Baghdad’s inability to mount a successful counteroffensive. If MIT’s Barry Posen is correct (and he usually is), the Iraqi Army no longer exists as a meaningful fighting force. Not only does this reveal the bankruptcy of the U.S. effort to train Iraqi forces (and the collective failure of all the commanders who led this effort and kept offering upbeat assessments of progress), but it also means that only a large-scale foreign intervention is likely to roll back and ultimately eliminate the Islamic State. This will not happen unless a coalition of Arab states agrees to commit thousands of their own troops to the battle, because the United States will not and should not do the fighting for states whose stake in the outcome exceeds its own.
  • Don’t get me wrong — I’d be as pleased as anyone if the Islamic State were decisively defeated and its violent message utterly discredited. But one needs to plan not just for what one would like to see happen, but also for the very real possibility that we can’t actually achieve what we want — or at least not at a cost that we consider acceptable. So what do we do if the Islamic State succeeds in holding on to its territory and becoming a real state? Posen says that the United States (as well as others) should deal with the Islamic State the same way it has dealt with other revolutionary state-building movements: with a policy of containment. I agree.
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    The legitimazation process begins for ISIL wiyh a Foreign Policy article penned by influential Harvard Prof. Stephen M. Walt.
Paul Merrell

'This Week' Transcript: Dr. Ben Carson and Samantha Power - ABC News - 0 views

  • SAMANTHA POWER, U.S. AMBASSADOR TO THE U.N.: Great to be here.
  • RADDATZ: Given what’s happening in Syria, is there any world in which the president would be comfortable with Assad maintaining power? POWER: Well, the challenge with Assad, in addition to the fact that he gasses his own people and uses barrel bombs and you know, that we haven’t seen a dictator like him in a very long time – put that all to one side. The other challenge is he hasn’t been at all effective fighting ISIL. In fact, the presence of Assad has attracted foreign terrorist fighters. We are targeting them. We are having good success, again, particularly in the northern part of the country actually blunting ISIL’s progress and rolling them back. RADDATZ: Well, let’s talk about the U.S. effectiveness. One of the key parts of our strategy has been training moderate Syrian rebels. You heard General Austen just say there have only been four or five fighters who are still in the fight. And Central Command admitted Friday that U.S.-backed rebels turned over weapons and trucks to the al-Nusra front and the al Qaeda affiliated group. Not only did we not know about it for a week, they denied this happened. So what does this say about our vetting of those rebels? POWER: Well, first of all, let me say that as President Obama, I think, has said really from the very first time the issue of training and equipment came up that this would be very complex. And indeed as you know, he really grappled with this back in 2012 when the issue was first brought to him. We decided to go forward for a very simple reason, which is that when ISIL is cleared from a town – let’s say a town in the northern part of Syria – it’s extremely important that the town be held and that ISIL not reoccupy it as soon as the air strike or something ceases. And so you really need to have ground forces. We’ve worked extremely effectively with Kurdish forces in the northern part of the country, and Syrian Arab forces are going to need to be a part of the solution because they’re...
  • RADDATZ: But it doesn’t seem to be working so far. We understand the reasons for doing it... POWER: Totally fair. Totally fair. It’s obviously even more complex, I think, that we would have envisioned. But I think we can’t lose sight of the fact that this has to be a critical part of our strategy. DoD is looking now at adjustments that will need to be made to the program, clearly. And I think it’s very important as we vet and seek to, of course, strengthen our vetting procedures in order to avoid scenarios like the one that you’ve described. By the same token, this is a risk management exercise. We also have to grapple with the fact that if we weren’t investing in Syrian-Arab forces and in moderate Syrian opposition forces, we’d be in a world where again, ISIL would be able to have a protracted presence without being displaced over time. So we need to invest in this, we need to get the vetting right, and I think DoD has in mind some improvements that will enhance our process.
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    A half-billion dollars down the rathole in the last year to train fewer than 100 "moderate Syrians" who were promptly scuppered by Al Nusrah with all of their weapons and supplies thrown in for a bonus. The Obama Administration has the solution: more of the same. 
Paul Merrell

Further Details On The Foreign Spying The NSA Is/Isn't/Is Doing And How Much The Admini... - 0 views

  • In only a handful of days, the usual leak-and-denial progression of the Snowden leaks has completely disintegrated. The pattern was comforting in its own way, but the battle lines are now in a state of flux.
  • The NSA is now fully engaged in its own defense. Losing support it assumed was guaranteed has forced it to start playing dirty. With the administration swiftly extracting itself from this codependent relationship and an angered (but for all the wrong reasons) Sen. Feinstein targeting any number of surveillance programs, the NSA can no longer rely on rehashing talking points and staying above the fray. This will get nastier as it goes on, and that's wonderful. Any opponent of the NSA's programs has to be thrilled to see the agency left to fend for itself. Anyone who enjoys watching government entities forced to confront their own bad decisions has to be thrilled as well. It looks like the NSA is beginning to feel that if it can't have any secrets, neither can anyone else it "answers" to.
  •  
    Tim Cushing makes an epic effort to chart a course through this week's desertion of the NSA by the Obama Administration. It's a lengthy read but well worth it, hilarious at times as he traces the multiple changes of positions. This is a must-read 
Paul Merrell

A Candid Look at the Senate Intelligence Committee - Secrecy News - 0 views

  • A 2006 report from the Center for American Progress said Congress had failed in its duty to perform effective oversight of intelligence, and that the oversight function needed to be fixed.  See “No Mere Oversight: Congressional Oversight of Intelligence is Broken” by Denis McDonough, Mara Rudman and Peter Rundlet, June 13, 2006. The lead author of that report, Mr. McDonough, now serves as the White House Chief of Staff.
Paul Merrell

Geneva talks end without deal on Iran's nuclear programme | World news | The Observer - 0 views

  • Three gruelling days of high-level and high-stakes diplomacy came to an end in Geneva with no agreement on Iran's nuclear programme, after France blocked a stopgap deal aimed at defusing tensions and buying more time for negotiations.A six-nation group of major powers and Iran agreed only to meet again on 20 November, but on a lower level – senior diplomats rather than foreign ministers. The EU foreign policy chief, Catherine Ashton, said: "A lot of concrete progress has been achieved, but differences remain." Asked about the part France had played, Ashton said that all parties to the talks had played an important role.The Iranian foreign minister, Mohammad Javad Zarif, also sought to play down the disagreements that had surfaced with France, and the divisions between the six-nation group, known as the P5+1.
  • Privately, however, other diplomats at the talks were furious with the role of the French foreign minister, Laurent Fabius, whom they accused of breaking ranks by revealing details of the negotiations as soon as he arrived in Geneva on Saturday morning, and then breaking protocol again by declaring the results to the press before Ashton and Zarif had arrived at the final press conference.
  • French opposition was focused on a draft text agreement that laid out a short-term deal to slow down or stop elements of the Iranian nuclear programme in return for limited sanctions relief. The French complained that the text, which they said was mostly drafted by Iran and the US, had been presented as a fait accompli and they did not want to be stampeded into agreement.Fabius told France Inter radio yesterday morning that Paris would not accept a "fools' game". "As I speak to you, I cannot say there is any certainty that we can conclude," he said.
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  • Fabius said one of the key issues was Iran's heavy water reactor at Arak, which is due to reach completion next year after many delays. The west and Israel have called for construction work to stop as part of an interim deal aimed at buying time for negotiations on a more comprehensive long-term deal.Iran says the reactor's purpose is to produce nuclear isotopes that are useful for medical and agricultural purposes. But when operating it would produce plutonium as a by-product in its spent fuel, and that plutonium would represent a serious proliferation risk, giving an alternative route to making a bomb that would not depend on uranium enrichment. Israel has threatened to bomb the reactor before it starts operations, pointing out that once it is fuelled, bombing becomes impossible as it would scatter radioactive fallout around a large region.On the sidelines of the talks, which shifted from Geneva's Palais des Nations to the five-star Intercontinental Hotel after the foreign ministers arrived yesterday, some western officials accused France of sabotaging the hopes of a deal to curry favour with Israel and the Gulf Arab states.
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    The Israeli propaganda myth of Iranian intent to build a nuclear deterrent, spread in the U.S. and elsewhere by devout Zionists/Neolibs intent on creation of an Israeli empire in the Mideast has achieved such broad acceptance in western nations that western leaders walk through a political minefield in reaching a deal to defuse the nuke myth. 
Paul Merrell

Did Iranian Weapons Kill Americans? Another phony argument against a deal with Iran | C... - 0 views

  • There is a new entrant in the already crowded field of Israeli Lobby funded groups opposed to an agreement with Iran over its nuclear program. It is the “wounded warriors” and their families denouncing the perfidious Persians. The first salvo was fired on August 4th in a letter to Rupert Murdoch’s New York Post from the daughter of an Army Lieutenant Colonel killed in Iraq by “Iranian weapons,” who concluded that “we are already at war with Iran.” After the letter ads began to appear in television markets where congressmen considered to be vulnerable to pressure from Israel’s friends were located. The ads were produced by a group called “Veterans Against an Iran Deal,” whose executive director is Michael Pregent, a former adviser to General David Petraeus who is also an “Expert” affiliated with the Washington Institute for Near East Policy (WINEP), an American Israel Public Affairs Committee (AIPAC) spin off. The group has a website which claims that “the Iranian regime murdered and maimed thousands of Americans” but there is no indication who exactly supports it and is providing funding or what kind of following it has. The group’s first ad featured as a spokesman a retired army Staff Sergeant named Robert Bartlett. In the video, Bartlett, whose face bears the scars resulting from being on the receiving end of an improvised explosive device in Iraq, claims he was “blown up by an Iranian bomb.” In addition to blaming Iran for providing Iraqi insurgents with the weapons that were used to maim him and kill his colleagues he also tells how Iranians would “kidnap kids” and kill them in front of their parents. Per Bartlett, those who deal with Iran will have “blood on their hands” and will be responsible for funding Iranian terror.
  • Bartlett’s anger is nevertheless understandable, but his claim that he was maimed by Iranian provided weapons should not go unchallenged. In actual fact, it is a lie. In 2005 the Bush Administration began to claim that Iran had been “interfering” in Iraq. The claim, rarely backed up by an substance, was based on suppositions about Tehran’s likely interests regarding its predominantly Shi’ite neighbor and it was little more than an excuse to explain the persistence and intensity of Iraqi resistance to the American invasion. Sophisticated roadside bombs using shaped charges, initially referred to as Improvised Explosive Devices (IEDs) and subsequently as Explosively Formed Penetrators (EFPs), first appeared in Iraq in the summer of 2004. Initial reports on the weapon in June 2005, stated that it was being used by Sunni insurgents and was likely produced by ordnance experts from the disbanded Iraqi Army. Saddam Hussein’s Iraq had a large army with a sophisticated if limited ability to produce some weapons in its own armories. When the army was foolishly disbanded by the Coalition Provisional Authority, skilled workers who had been employed in the weapons shops were made redundant and took with them the knowledge to make any number of improvised weapons using the materiel that remained in Iraq’s arms storage depots.
  • The indictment of Iran as the source of weapons being used by insurgents continued and intensified as the security situation in Iraq deteriorated. Some media coverage attributed the killing of hundreds of American soldiers to Iranian supplied weapons because any death by EFP was immediately attributed to Iran. In spite of the lack of any solid evidence, the largely neoconservative supporters of pre-emptive action against Iran stated specifically that Iran was “killing American soldiers” through its provision of sophisticated weaponry. A nearly hysterical progress report given to Congress by General David Petraeus and Ambassador Ryan Crocker on April 8, 2008 went even farther, claiming that Iran was responsible for most of the violence occurring in Iraq. But the argument about Iranian involvement in Iraq was itself logically inconsistent, something that Crocker and Petraeus should have understood. The Iraqi insurgency in the period 2004-2006 was largely Sunni and hostile to Iran. That the Iranians would be supplying the Sunnis or that the Sunnis would have sought such aid was implausible.
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    Shia Iran providing IED weapons to Sunni militants in Iraq? Preposterous. The latest Israel lobby false propaganda blast aimed at shooting down the agreement with Iran in Congress.  
Paul Merrell

Sanders's Screwy Mideast Strategy | Consortiumnews - 0 views

  • There’s an old joke about two elderly men at a Catskill resort. One complains: “The food here is horrible.” The other vigorously agrees: “Yeah, I know — and the portions are so damn small!” Along those lines, several writers have noted that Sen. Bernie Sanders has been scant in terms of his foreign policy — small portions. But there’s also the question of quality.A problem with Sanders’s limited articulation of a foreign policy is that his most passionately stated position is extremely regressive and incredibly dangerous. Sanders has actually pushed for the repressive Saudi Arabian regime to engage in more intervention in the Mideast.
  • In discussing the Islamic State (or ISIS), Sanders has talked about Saudi Arabia being the solution. His comments are couched in language that seems somewhat critical, but the upshot is we need more Saudi influence and intervention in the region. In effect, more and bigger proxy wars, which have already taken the lives of hundreds of thousands in Syria and could further rip apart Iraq, Libya and Yemen.As a Democratic presidential candidate, Sanders has made this point repeatedly — and prominently. In February with Wolf Blitzer on CNN, Sanders said: “This war is a battle for the soul of Islam and it’s going to have to be the Muslim countries who are stepping up. These are billionaire families all over that region. They’ve got to get their hands dirty. They’ve got to get their troops on the ground. They’ve got to win that war with our support. We cannot be leading the effort.”
  • So, progressives in the U.S. are supposed to look toward the Saudi monarchy to save the soul of Islam? The Saudis have pushed the teachings of the fundamentalist Wahabbism sect that’s been deforming Islam for decades. This extremism helped give rise to Al Qaeda and now ISIS. In other words, the Saudi royals have already been “getting their hands dirty.” It’s a bit like someone saying the Koch Brothers need to get more involved in U.S. politics by “getting their hands dirty.”But if your point is to build up the next stage of the U.S. government’s horrific role in the Mideast, it kind of makes sense. The U.S. government helped ensure the Saudis would dominate the Arabian Peninsula from the formation of the nation state of Saudi Arabia — a nation named after a family. In return, the Saudis let the U.S. take the lead in extracting oil there.
Paul Merrell

AIPAC's Plan B? « LobeLog - 0 views

  • A summary of a draft bill, which I obtained from a source who asked to remain anonymous, is circulating that is designed (almost certainly by AIPAC) to appeal to those Democrats eager to “kiss and make up” after their defiance of Washington’s most powerful foreign-policy lobby group (whose reputation for omnipotence just took a very heavy hit) and its funders. While much of the summary appears innocuous and consistent with the administration’s own policy and intentions, it also contains a number of “poison pills,” which, if approved, appear calculated to raise new obstacles to implementation and Tehran’s confidence that the U.S. will fully comply with both the spirit and the letter of the JCPOA. With proposed banking sanctions, for example, it appears to do what Fred Kagan and the policy director of the neo-conservative Foreign Policy Initiative (FPI), Juan Zarate, have urged with respect to codifying existing non-nuclear sanctions and reducing or eliminating the president’s waiver authority. (See the Mikulski post for more details.) It also would set up a process for “expedited procedures” that can be used by Congress to approve new terrorism-related sanctions against Iran under certain circumstances and create a Coordinator for Compliance whose responsibilities include not only overseeing Iran’s implementation of the JCPOA but also reporting on non-nuclear issues (like terrorism) that are outside the scope of the agreement.
  • Yet another provision would authorize the delivery to Israel of Washington’s most powerful Massive Ordinance Penetration munitions (MOPs) and the means to deliver them against Iran’s nuclear facilities, a move that administration officials have long said they strongly oppose. This would be one part of a much-enhanced package of military assistance for Israel. Other provisions appear designed to effectively “renegotiate” certain provisions of the JCPOA; for example, by eliminating the exemption of any contracts agreed between Iran and foreign companies during the agreement’s implementation phase in the event that sanctions are “snapped back.” It also requires Iran to abide by the Non-Proliferation Treaty’s (NPT) Additional Protocol as of “adoption day,” even if the Iranian parliament has not yet ratified the Protocol. We hear that the sponsors intend to push this through Congress as a companion to the disapproval resolution. The idea is to enable nervous Democrats to demonstrate their strong support for Israel and their undiluted distrust and hostility toward Iran. They reportedly fear that if this measure isn’t enacted now, then it could prove much more difficult to pass once Iran begins implementing the JCPOA, and particularly if and when the IAEA declares that Iran has cleared up long-pending questions regarding “possible military dimensions” (PMD) of its nuclear program. The IAEA expects to conclude its PMD-related inspections by mid-October and issue a final report by December 15. Here is the summary of the draft bill which, as I understand it, is still very much a work in progress. The Iran Policy Oversight Act of 2015
  •  
    Why am I not surprised. The Israel Lobby comes up with plan B.
Paul Merrell

Senate majority whip: Cyber bill will have to wait until fall | TheHill - 0 views

  • Senate Majority Whip John Cornyn (R-Texas) on Tuesday said the upper chamber is unlikely to move on a stalled cybersecurity bill before the August recess.Senate Republican leaders, including Cornyn, had been angling to get the bill — known as the Cybersecurity Information Sharing Act (CISA) — to the floor this month.ADVERTISEMENTBut Cornyn said that there is simply too much of a time crunch in the remaining legislative days to get to the measure, intended to boost the public-private exchange of data on hackers.  “I’m sad to say I don’t think that’s going to happen,” he told reporters off the Senate floor. “The timing of this is unfortunate.”“I think we’re just running out time,” he added.An aide for Senate Majority Leader Mitch McConnell (R-Ky.) said he had not committed to a specific schedule after the upper chamber wraps up work in the coming days on a highway funding bill.Cornyn said Senate leadership will look to move on the bill sometime after the legislature returns in September from its month-long break.
  • The move would delay yet again what’s expected to be a bruising floor fight about government surveillance and digital privacy rights.“[CISA] needs a lot of work,” Sen. Patrick Leahy (D-Vt.), who currently opposes the bill, told The Hill on Tuesday. “And when it comes up, there’s going to have to be a lot of amendments otherwise it won’t pass.”Despite industry support, broad bipartisan backing, and potentially even White House support, CISA has been mired in the Senate for months over privacy concerns.Civil liberties advocates worry the bill would create another venue for the government’s intelligence wing to collect sensitive data on Americans only months after Congress voted to rein in surveillance powers.But industry groups and many lawmakers insist a bolstered data exchange is necessary to better understand and counter the growing cyber threat. Inaction will leave government and commercial networks exposed to increasingly dangerous hackers, they say.Sen. Ron Wyden (D-Ore.), who has been leading the chorus opposing the bill, rejoiced Tuesday after hearing of the likely delay.
  • “I really want to commend the advocates for the tremendous grassroots effort to highlight the fact that this bill was badly flawed from a privacy standpoint,” he told The Hill.Digital rights and privacy groups are blanketing senators’ offices this week with faxes and letters in an attempt to raise awareness of bill’s flaws.“Our side has picked up an enormous amount of support,” Wyden said.Wyden was the only senator to vote against CISA in the Senate Intelligence Committee. The panel approved the measure in March by a 14-1 vote and it looked like CISA was barrelling toward the Senate floor.After the House easily passed its companion pieces of legislation, CISA’s odds only seemed better.But the measure got tied up in the vicious debate over the National Security Agency's (NSA) spying powers that played out throughout April and May.“It’s like a number of these issues, in the committee the vote was 14-1, everyone says, ‘oh, Ron Wyden opposes another bipartisan bill,’” Wyden said Tuesday. “And I said, ‘People are going to see that this is a badly flawed bill.’”
  • ...2 more annotations...
  • CISA backers hoped that the ultimate vote to curb the NSA’s surveillance authority might quell some of the privacy fears surrounding CISA, clearing a path to passage. But numerous budget debates and the Iranian nuclear deal have chewed up much of the Senate’s floor time throughout June and July.  Following the devastating hacks at the Office of Personnel Management (OPM), Senate Republican leaders tried to jump CISA in the congressional queue by offering its language as an amendment to a defense authorization bill.Democrats — including the bill’s original co-sponsor Sen. Dianne Feinstein (D-Calif.) — revolted, angry they could not offer amendments to CISA’s language before it was attached to the defense bill.Cornyn on Tuesday chastised Democrats for stalling a bill that many of them favor.“As you know, Senate Democrats blocked that before on the defense authorization bill,” Cornyn said. “So we had an opportunity to do it then.”Now it’s unclear when the Senate will have another opportunity.When it does, however, CISA could have the votes to get through.
  • There will be vocal opposition from senators like Wyden and Leahy, and potentially from anti-surveillance advocates like Sens. Rand Paul (R-Ky.), Mike Lee (R-Utah) and Dean Heller (R-Nev.).But finding 40 votes to block the bill completely will be a difficult task.Wyden said he wouldn’t “get into speculation” about whether he could gather the support to stop CISA altogether.“I’m pleased about the progress that we’ve made,” he said.
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    NSA and crew decide to delay and try later with CISA. The Internet strikes back again.
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