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Gary Edwards

Byron York: Justice Department demolishes case against Trump order | Washington Examiner - 1 views

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    "James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground. Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States. Indeed, in court last week, Robart suggested that he, Robart, knows as much, or perhaps more, than the president about the current state of the terrorist threat in Yemen, Somalia, Libya, and other violence-plagued countries. In an exchange with Justice Department lawyer Michelle Bennett, Robart asked, "How many arrests have there been of foreign nationals for those seven countries since 9/11?" "Your Honor, I don't have that information," said Bennett. "Let me tell you," said Robart. "The answer to that is none, as best I can tell. So, I mean, you're here arguing on behalf of someone [President Trump] that says: We have to protect the United States from these individuals coming from these countries, and there's no support for that."
Paul Merrell

White House threatens to veto 9/11 lawsuit bill - CNNPolitics.com - 0 views

  • A bipartisan bill to let families victimized by the 9/11 terrorist attacks sue Saudi Arabia ran into sharp setbacks Monday, as the White House threatened a veto and a GOP senator privately sought to block the measure.The move comes as presidential candidates from both parties are seizing on the legislation to score points with New York voters ahead of Tuesday's critical primary there.And it has pit the likely next Senate Democratic leader, Chuck Schumer of New York, squarely against the Obama administration.The White House and State Department are bluntly warning lawmakers not to proceed with the legislation over fears it could have dramatic ramifications for the United States and citizens living abroad to retaliatory lawsuits. The President lands in Riyadh Wednesday for talks with Saudi Arabia over ISIS and Iran at a time of strained relations between the countries, making the bill's timing that much more sensitive.
  • The stepped-up lobbying against the legislation comes as it is coming up against fresh roadblocks on Capitol Hill, with party leaders learning that a GOP senator is objecting to taking up the bill, according to a source familiar with the legislation. The senator's identity has not yet been revealed publicly.Proponents of the measure, for their part, are beginning to intensify their pressure campaign."If Saudi Arabia participated in terrorism, of course they should be able to be sued," Schumer said Monday. "This bill would allow a suit to go forward and victims of terrorism to go to court to determine if the Saudi government participated in terrorist acts. If the Saudis did, they should pay a price."Speaking to reporters Monday, White House spokesman Josh Earnest fired back, warning that it would jeopardize international sovereignty and put the U.S. at "significant risk" if other countries adopted a similar law."It's difficult to imagine a scenario where the President would sign it," Earnest said.
  • The bill, which Schumer and Senate Majority Whip John Cornyn of Texas are pushing, would prevent Saudi Arabia and other countries alleged to have terrorist ties from invoking their sovereign immunity in federal court.Saudi Arabia has long denied any role in the 9/11 attacks, but victims' families have repeatedly sought to bring the matter to court, only to be rebuffed after the country has invoked legal immunity allowed under current law."It makes minor adjustments to our laws that would clarify the ability of Americans attacked on U.S. soil to get justice from those who have sponsored that terrorist attack," Cornyn said of the bill, which is entitled the Justice Against Sponsors of Terrorism Act.
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  • As pressure grows on Congress to let 9/11 victims' families pursue their claims against Saudi Arabia in federal court, Saudi officials are quickly pushing back.In a stark warning to members of Congress, Saudi Foreign Minister Adel al-Jubeir warned lawmakers last month in Washington that his kingdom would sell $750 billion in U.S. assets, including treasury securities, if the measure became law, sources familiar with the matter told CNN. The development was first reported in The New York Times.Cornyn, however, dismissed the threat.
  • Presidential candidates were also unmoved. Ahead of the New York primary, former Secretary of State Hillary Clinton and Vermont Sen. Bernie Sanders quickly sought to align themselves with the Cornyn-Schumer bill.After Clinton said in a Sunday appearance on ABC that she had to study the bill and would not take a position, a spokesman later said she backs the bill.Sanders, in a statement Sunday night, announced that he supports the bill and called on the Obama administration to declassify the 28 pages of the 9/11 report that could implicate Saudi Arabia. Other presidential candidates jumped into the fray, including GOP front-runner Donald Trump.Appearing on the Joe Piscopo Show, a New York radio program, Trump evinced no concern about Saudi Arabia's threat to sell off U.S. assets."Let 'em sell 'em," Trump said. "No big deal."Trump added: "Hey, look, we protect Saudi Arabia. We protect them for peanuts. If we weren't protecting them, they wouldn't be there for a week."
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    Sounds like the bill would also open the doors to suing Israel for 9-11. Could be interesting because that's where much of the evidence points, incliding the all important answer to the question, qui bono (who benefits).  
Paul Merrell

PressTV-Iran sues US at ICJ over assets: Rouhani - 0 views

  • Iran has filed a lawsuit against the United States at the International Court of Justice (ICJ) demanding compensation over the seizure of USD 2 billion worth of the country's assets by a top American court.President Hassan Rouhani said Wednesday that Iran had filed the lawsuit with the ICJ a day earlier, vowing that his administration will pursue the case to its end.On April 20, the US Supreme Court ruled that about USD 2 billion in frozen Iranian assets must be turned over to American families of people killed in the 1983 bombing of a US Marine Corps barracks in the Lebanese capital of Beirut and other attacks blamed on Iran. Tehran has long rejected allegations of involvement in the 1983 Beirut bombing. The money confiscated under the US court ruling belongs to the Central Bank of Iran (CBI). The assets were blocked under US sanctions.
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    The lawsuit in the U.S. was brought by Shurat-Hadin, an Israeli Mossad front organization. Because Iran has sovereign immunity under interntional law, it did not participate in the U.S. lawsuit, enabled by an act of Congress that ignored international law and U.S. treaty obligtgations.
Paul Merrell

With Powerful Videos, 9/11 Families Push Congress on JASTA | 28Pages.org - 0 views

  • As the fifteenth anniversary of the 9/11 attacks draws closer, family members of those lost in the attacks are making an emotional appeal to Congress to clear the way for their lawsuit against the Kingdom of Saudi Arabia for its alleged financial and logistical support of the hijackers. In an effort led by the September 11th Advocates—five women who lost loved ones in the attacks—surviving family members and other concerned members of the public are posting videos to a Facebook page and a YouTube channel in which they urge the House of Representatives to promptly pass the Justice Against Sponsors of Terrorism Act (JASTA) when they return from summer recess on Tuesday, September 6.
  • The bill, which would modify U.S. sovereign immunity law to allow suits against foreign government sponsors of terrorism, passed the Senate by unanimous voice vote. Now, the September 11th Advocates are pressing Speaker of the House Paul Ryan and House Majority Leader Kevin McCarthy to schedule a vote on the measure before the 15th anniversary of the attacks.
  • Though the measure passed the Senate unanimously, Breitweiser says JASTA faces formidable opposition down the stretch. Saudi Arabia has warned Congress and the White House that it may be compelled to divest upwards of a $750 billion dollars in U.S. assets if the measure passes, and President Obama has expressed reluctance to sign the bill if it advances to his desk.
Paul Merrell

Congress thwarts Obama on bill allowing 9/11 lawsuits against Saudi Arabia - The Washin... - 0 views

  • Congress voted to decisively overturn President Obama’s veto of a controversial 9/11 victims bill Wednesday, the first override of his presidency and a sharp setback for longtime U.S. ally Saudi Arabia. The bill clears the way for families of the victims of the Sept. 11, 2001, terrorist attacks to file claims against Saudi Arabia for the kingdom’s long-rumored but unproven links to the 9/11 attackers. The Saudi government has consistently rejected those allegations. The overwhelming vote to override — 97 to 1 in the Senate and 348 to 77 in the House — reflects the extent to which Saudi influence in Washington has waned. And it comes just over a month before an election that makes it nearly impossible politically to oppose legislation long sought by thousands of aggrieved American families.
  • The measure amended the 1976 Foreign Sovereign Immunities Act to allow for lawsuits against foreign nations in federal court if it is determined that they played a role in terrorist attacks that killed Americans on U.S. soil.
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    Note that the legislation applies to all foreign nations, not just the Saudis, and that it covers all acts of terrorism on American soil. Perhaps the lawsuits against Israel for 9-11 will now begin to roll? Defense Secretary Ash Carter said just before Congress overrode the veto that the legislation would endanger U.S. secrets. Yup. Mossad's 9-11 co-conspirators in U.S. government might also be flushed out in such legislation. On Carter's statements, see http://www.mintpressnews.com/defense-secretary-says-jasta-would-lead-to-public-disclosure-of-american-secrets/220912/
Paul Merrell

S.2040 - 114th Congress (2015-2016): Justice Against Sponsors of Terrorism Act | Congre... - 0 views

  • Justice Against Sponsors of Terrorism Act This bill amends the federal judicial code to narrow the scope of foreign sovereign immunity by authorizing U.S. courts to hear cases involving claims against a foreign state for injuries, death, or damages that occur inside the United States as a result of a tort, including an act of terrorism, committed anywhere by a foreign state or official. It amends the federal criminal code to permit civil claims against a foreign state or official for injuries, death, or damages from an act of international terrorism. Additionally, the bill authorizes federal courts to exercise personal jurisdiction over and impose liability on a person who commits, or aids, abets, or conspires to commit, an act of international terrorism against a U.S. national.
Paul Merrell

9/11 Bill Prompts Saudi Threat to Sell Off U.S. Treasury Debt | 28Pages.org - 0 views

  • Saudi Arabia has warned the Obama administration and federal legislators that it will sell off U.S. Treasury debt worth $750 billion if Congress passes a law clearing the way for 9/11 victims to sue the kingdom for its alleged role in aiding the hijackers. according to a story in today’s New York Times.
  • Appearing on Michael Smerconish’s CNN program Saturday morning, former Senator Bob Graham, a leading advocate of declassifying 28 pages that allegedly implicate Saudi Arabia in the attacks, said, “I’m outraged but not surprised.” According to the Times report, the kingdom’s caution was personally delivered last month by Saudi foreign minister Adel al-Jubeir, who reportedly told legislators that, if the bill passes, Saudi Arabia would sell up to $750 billion in Treasury debt before it could be potentially frozen by U.S. courts.
  • Though presented as a necessity for Saudi Arabia’s own financial protection, Saudi Arabia’s cautionary statement is de facto economic threat against the United States. A sell-off would prompt an increase in U.S. Treasury interest rates, raising borrowing costs for the American government, businesses and consumers and potentially triggering an economic downturn that extends beyond our own shores. The Saudi warning was triggered by the legislative progress of the Justice Against Sponsors of Terrorism Act (JASTA), which would amend the Foreign Sovereign Immunities Act (FSIA). Last fall, Saudi Arabia was dropped from a lawsuit filed by 9/11 families, victims and insurers after a federal judge said the plaintiffs had failed to meet the high jurisdictional hurdles that FSIA imposes for claims against foreign governments.
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  • According to the New York Times report, the Obama administration has aggressively lobbied lawmakers against passing JASTA, telling them it could trigger moves by other countries to undermine immunity enjoyed by the U.S. government and American businesses and individuals abroad. September 11 widow Terry Strada, who has spent years lobbying for JASTA, told Smerconish, “I’m shocked with what’s going on here. Do the Saudis really have that much influence on our government? Are they really calling the shots in Washington, D.C.?”
  • Graham said that failing to hold Saudi Arabia to account for its “complicity in the murder of 3,000 Americans” gave the kingdom “a sense of impunity that they can do anything they wanted to with no sanction, and now that impunity has expanded to their trying to lobby the highest levels of the White House and the Congress” to prevent a courtroom determination of Saudi Arabia’s guilt. “I believe that there is material in the 28 pages and the volume of other documents that would indicate that there was a connection at the highest levels between the Kingdom of Saudi Arabia and the 19 hijackers. I believe that the plot would not have occurred but for the support and protection that the hijackers were receiving primarily from Saudi Arabia,” said Graham. Graham’s reference to the “highest levels” of the Saudi government is reminiscent of a statement former Navy secretary and 9/11 Commission member John Lehman made to 60 Minutes on Sunday. Asked if the 28 classified pages names names, he replied, “Yes. The average intelligent watcher of 60 Minutes would recognize them instantly.” Smerconish asked Graham about the kingdom’s 2003 request to the Bush administration to release the 28 pages. “I think what the Saudis had was an understanding with the United States that whatever the Saudis indicated they wanted was a sham,” said Graham, adding that Saudi Arabia likely relied on a quiet commitment by the U.S. government to keep the pages classified, freeing the kingdom to make the request solely for public consumption.
Paul Merrell

And The Benghazi Media Circus Plays On… | Global Research - 0 views

  • A recent article written by this writer for Global Research posted last Saturday – “The Benghazi Scandal Is Obama’s Watergate But Worse” – was written in an effort to seek and uncover the truth. Accurate reporting on major world events is a challenge in today’s world where propaganda and disinformation are mainstream media norms and where virtually all major players in American politics simply lie through their teeth every time they open their mouths in constant effort to look good and cover up the truth. The American public knows this pathetic and sobering fact that deception has come to rule in the world of both politics and the media. People today neither believe their newscasters nor their political leaders. That is why examining the content of the tidal wave of assertions and opinions spewing forth from politicians and pundits in the aftermath of the latest Benghazi revelations must be taken with a grain of salt. Again, truth in today’s world is hard to come by. But as an investigative reporter, presenting a brief overview of recent comments and statements for any informed citizen to process and digest seems a worthwhile and important enterprise.
  • A timeline of recently unfolding events: On 10/12/12 exactly one month after the Benghazi incident, the legal conservative group Judicial Watch filed a Freedom of Information Act request seeking documents related to the Benghazi attack on September 11th, 2012 that killed the US Ambassador to Libya Christopher Stevens and three other Americans. Obama, who had campaigned on a promise of transparency in the criminal wake of the Bush regime, has proven to be anything but open and transparent. Having to sue the US government for access to the records, on April 18th, 2014, a full year and a half later, the Obama administration’s stonewalling ultimately failed and Judicial Watch successfully got hold of 41 State Department Benghazi related documents. Emails between high level White House officials discussing damage control strategies in the immediate aftermath of the Benghazi assault were released last week. Jubilant Republicans are now calling one of those emails their “smoking gun,” believing it is so incriminating that it will do in their would-be opponent Hillary Clinton from potentially competing in the 2016 presidential election.
  • The newly declassified email written by Obama’s then Deputy Strategic Communications Adviser Ben Rhodes specifically directed then UN Ambassador Susan Rice in preparation for her Sunday morning talk show appearances on September 16th, 2012 to explain the administration’s take on what it knew of the Benghazi murders. Rhodes advised Rice to attribute the Benghazi uprising as “rooted in an Internet video, and not a failure of policy,” pushing talking points designed to bolster Obama’s presidential image as a cool-as-a-cucumber-under-fire kind of wise and benevolent leader and statesman. The major emphasis of the email instructed Rice to blame the bogus anti-Moslem video as inciting a spontaneous protest like in other countries in the region that apparently grew violently out of control, of course all the while knowing that that was a boldface lie. This crucial piece of evidence proves that President Obama and Secretary of State Hillary Clinton both knew that the video did not cause the attack but that they chose to willfully deceive the American public in order to protect their own political careers and hence was born the infamously never ending Benghazi cover-up. Obama and Hillary withheld this damning email evidence even from the House Oversight Committee led by Congressman Darrel Issa (R-CA) requesting all documents pertaining to Benghazi more than a year ago. With the presidential election less than two months away at the time of the attack, Obama and Hillary were determined at all cost to keep hidden from Americans the real truth of criminal Benghazi activity they were guilty of engaging in during the months leading up to the attack. Last Thursday an angry Issa subpoenaed current Secretary of State John Kerry to appear before the committee on May 21st to further explain why those critical State Department records recently given to Judicial Watch were not among the 3200 documents originally handed over to his committee well over a year ago.
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  • Investigative reporter Kenneth R. Timmerman as author of a new forthcoming book entitled ‘Dark Forces: The Truth About What Happened in Benghazi’ states: We know that orders were issued, then recalled, to deploy a 50-man Special Forces unit from Croatia that could have reached Benghazi within hours.Timmerman concludes that to date no documents revealing the person who ordered that unit to stand down have yet to surface.
  • Within hours of the general’s testimony came rebukes from both the senior Republican and Democrat on the powerful House Armed Services Committee making claims backing the administration’s that the military was incapable of responding in time to assist the ill-fated Americans in Benghazi. Because they represent the military in Congress that had already drawn the conclusion that nothing tactically could have been done to save the four Americans, they were quick to rebut the general’s testimony. Yet the day before 9/11 every year since 9/11/01 including on 9/10/11, the president meets with top military and security personnel to ensure that US embassies around the globe are bolstered with much needed extra security for 9/11 readiness. Yet the Benghazi compound was so insecure despite repeated requests, both Obama and the military apparently failed to have any military units on standby that could reach Benghazi to be of service on the night of 9/11/12. And this comes after intelligence sources have been reporting insufficient security at the Benghazi embassy compound.
  • Another disclosure at last Thursday’s House Oversight Committee hearing further damaging the credibility and actions of the Obama administration came from retired Air Force General Robert Lovell who at the time of Benghazi was in Germany serving as the senior African Command deputy director for intelligence. Lovell testified, “We should have sent help,” adding that the White House decision not to attempt military assistance due to the time factor was unacceptable. Lovell also stated unequivocally that the military knew that the Benghazi attack had nothing to do with the video falsely used by the administration to explain away the tragedy. The ex-general felt his military should have intervened and was waiting all night long for the call that never came from his bosses in Washington. Clearly he feels a sense of remorse and regret over the passivity imposed on him by his commander-in-chief Obama and State Department head Clinton.
  • Meanwhile, last week in a heated exchange with ABC correspondent Jon Karl a visibly agitated White House Press Secretary Jay Carney insisted that Rhodes’ email was not related to Benghazi at all but referred to the Moslem protests generally taking place in the region in response to the video. The next day Fox reporter Ed Henry engaged Carney on the same issue, eliciting the same haranguing reaction. All this appears to be yet more desperate lies in a feeble attempt to cover his bosses’ Obama and Hillary’s asses called criminal guilt, and by so doing committing his own. Carney had been among the original recipients of Rhodes’ email. Carney further explained that the same Rhodes talking points echoed those delivered earlier to Congress and the White House by deputy CIA director Mike Morell who a month ago claimed he received no pressure or influence from anyone in the Obama administration in coming up with his version of what most likely transpired on 9/11/12 based on all CIA intelligence sources available at the time. Yet on his own Morell admitted to toning down the intelligence reports leading up to the Benghazi attack purposely so as to not appear to be an “I told you so” gesture that would offend Hillary and her State Department. That said, Hillary’s underling and rising star Victoria Nuland (the later promoted to profanity-speaking Assistant Secretary of State who played such a key role in the recent US backed fascist Ukrainan coup) objected to Morell’s talking points that in her mind leaned too heavily toward blaming her boss and their State Department for insufficient security at the Benghazi compound. Her words:
  • Why do we want Hill to start fingering Ansar Al Sharia [the known al Qaeda affiliated attackers that murdered the four Americans], when we aren’t doing that ourselves until we have the investigation results…and the penultimate point could be abused by Members to beat the State Department for not paying attention to Agency warnings so why do we want to feed that?… Concerned.Observe how the exclusive focus of all post-Benghazi interdepartmental correspondence from Rhodes’ to Morell’s to Nuland’s all center on appearance and potential perception to avoid CYA blame. Furthest down on their priority list is honest and truthful disclosure and self-accountability. Again, the name of the game in the world of politics is passing the buck whenever possible to minimize potential heat that comes with looking bad and maximizing looking good by any means or lies necessary. Benghazi perfectly illustrates all of this.
  • Based on the information finally coming to light all last week, last Friday House Speaker John Boehner (R-OH) called for a special select committee not unlike the one for Watergate to further investigate Benghazi. Representative Trey Gowdy (SC-R) has already been selected as its lead investigator. This grandstanding ploy seems a bit superfluous and redundant since the House Oversight Committee has ostensibly been trying to get to the bottom of Benghazi for nearly a year and a half, albeit thus far ineffective in its results, no help from the State Department’s prior email omissions. Not only is Benghazi the hot topic buzzing here in America, on that same day last Friday, more bullets was buzzing in Benghazi as well. Nine police security soldiers were gunned down by, you guessed it, the same murderers still remaining at large that were behind the 9/11/12 Benghazi attack – the militant group the US has for years labeled an al Qaeda affiliated terrorist organization Ansar al-Sharia. After massacring 31 peaceful demonstrators protesting outside the militants’ headquarters last June, last week’s massacre is a powerful statement showing that the terrorists are still in charge in Benghazi and immune from any accountability from the US installed puppet government either in Tripoli or Washington. They remain free men at large despite Obama’s promise to hunt them down and bring them to justice.
  • The senior Democratic House Intel Committee Representative Adam Schiff (D-CA) typifies the partisan Obama-Hillary politics games of each side racing to the media to point fingers at each other in their same old, same old blame game. On Sunday Schiff stated he does not want any Democrats to participate in the newly forming select committee that the Republican House Speaker Boehner has just recently called for, already naming its GOP chair. That is simply a game the Dems will refuse to play. Why? Because Republicans cannot make them. Sound familiar? Perhaps your 7-year old child might employ this same game strategy. Insider Dems like former White House advisor turned ABC analyst (and another original recipient of Rhodes’ infamous email) David Plouffe conveniently took to ABC’s Sunday morning On This Week with George Stephanopoulos crying foul even louder with their familiar “conspiracy” chant they customarily use to discredit any criticism leveled at the Obama administration. His cries reaching desperation this week accuse a “very loud, delusional minority” of Republicans of an obsessive politics game over Benghazi. Another all too familiar grade school tactic, whatever misbehavior you are accused of, simply accuse your enemy of the same offense, an old early childhood trick that you never need outgrow in the world of politics.
  • Still another indignant reaction hardcore defenders of Hillary and Obama are now quick to cite are the thirteen embassy attacks that occurred as so called “Benghazi’s on Bush’s watch” when not a peep was ever heard from the press. This straw house strategy is designed to show how Republicans and Fox News are hypocritical in their obsession to find dirt on Benghazi where they deny any exists. Yet this accusation seems to omit one very significant fact. Not one of those embassy attacks during the Bush regime resulted in any murdered Americans, much less four of them and one being a US Ambassador, something that has not happened in the last 32 years before Benghazi. The media circus demonizing partisan politics players on both sides epitomizes why the US government is so utterly broken, horribly dysfunctional, morally bankrupt and totally ineffective in addressing any and all of the most pressing problems facing America and the world today. The blame game is all they know. Yet in all their exaggeration, lies, name calling and finger pointing, not one of them is even addressing the pink elephant in the room.
  • Obama, Hillary and then CIA Director retired General Betrayus Petraeus were/are international gun running criminal outlaws of the worst kind, working with the very same al Qaeda terrorist bunch that murdered those four nearly forgotten Americans. US tax dollars were/are going into the pockets of Ansar al-Sharia and al Qaeda mercenaries that looted Muammar Kaddafi’s gold cache and enormous weapon arsenal that included chemical weapons as well as surface to air missiles. And Obama, Petraeus and 2016 presidential heir apparent Hillary were in deep over their heads under Hillary and Stevens’ State Department cover, shipping them from Benghazi through Turkey to Syria to covertly fight a war by proxy against Assad’s government forces. After more than three bloody years, to this day the US is still bent on destroying another sovereign nation posing absolutely no security threat to America. These are the war crimes constantly being committed by Obama, Petraeus and Hillary and their lies upon lies are unraveling at an accelerated clip with each passing month. Thus, expect to see more desperate acts of aggression from desperate despots who know that their jig is up. Yet desperate despots do not care how many humans they will take down with them. But justice for these longtime perpetrators of multiple crimes against humanity will be served in the end.
Paul Merrell

NY court restores Saudi Arabia in Sept. 11 lawsuit - Yahoo News - 0 views

  • (AP) — A federal appeals court on Thursday reinstated Saudi Arabia as a defendant in lawsuits claiming it provided support to al-Qaida before the Sept. 11, 2001, terror attacks. A three-judge panel of the 2nd U.S. Circuit Court of Appeals said restoring Saudi Arabia was necessary to be consistent with a ruling by a different 2nd Circuit panel that allowed another lawsuit to go forward in which a man sued Afghanistan and other defendants for the death of his wife in the Sept. 11 attacks.The 2nd Circuit and a lower court had previously ruled that Saudi Arabia was protected by sovereign immunity, which generally means that foreign countries can't be sued in American courts. But in its latest ruling, the 2nd Circuit said a legal exception existed that would allow Saudi Arabia to remain as a defendant, just as Afghanistan remained in the similar case."The procedural history of this case produced inconsistent results between two sets of plaintiffs suing for damages based on the same incident," the appeals court said in a decision written by Circuit Judge Chester J. Straub. "We conclude that the circumstances here are 'extraordinary' and warrant relief."
  • The lawsuits were brought in 2002 and afterward against countries, companies and organizations accused of aiding al-Qaida and other terrorist groups. They sought billions of dollars in damages.In the lawsuits, lawyers argued that the Sept. 11 attacks, which destroyed the World Trade Center and killed thousands of people, had been planned for years by a network of Islamic militants with the assistance of banks, governments and individuals.Lawyers in the Sept. 11 cases have frequently cited the report by the Sept. 11 Commission. Lawyers for the plaintiffs have said the commission supported their argument that Saudi Arabia had long been considered the primary source of al-Qaida funding, while lawyers for Saudi Arabia have argued that the commission found no evidence that the Saudi government as an institution or senior Saudi officials individually funded al-Qaida.
Paul Merrell

Russia's Humanitarian 'Invasion' | Consortiumnews - 0 views

  • Before dawn broke in Washington on Saturday, “Ukrainian pro-Russian separatists” – more accurately described as federalists of southeast Ukraine who oppose last February’s coup in Kiev – unloaded desperately needed provisions from some 280 Russian trucks in Luhansk, Ukraine. The West accused those trucks of “invading” Ukraine on Friday, but it was a record short invasion; after delivering their loads of humanitarian supplies, many of the trucks promptly returned to Russia. I happen to know what a Russian invasion looks like, and this isn’t it. Forty-six years ago, I was ten miles from the border of Czechoslovakia when Russian tanks stormed in to crush the “Prague Spring” experiment in democracy. The attack was brutal.
  • I was not near the frontier between Russia and southeastern Ukraine on Friday as the convoy of some 280 Russian supply trucks started rolling across the border heading toward the federalist-held city of Luhansk, but that “invasion” struck me as more like an attempt to break a siege, a brutal method of warfare that indiscriminately targets all, including civilians, violating the principle of non-combatant immunity. Michael Walzer, in his War Against Civilians, notes that “more people died in the 900-day siege of Leningrad during WWII than in the infernos of Hamburg, Dresden, Tokyo, Hiroshima and Nagasaki taken together.” So the Russians have some strong feelings about sieges. There’s also a personal side for Russian President Vladimir Putin, who was born in Leningrad, now Saint Petersburg, eight years after the long siege by the German army ended. It is no doubt a potent part of his consciousness. One elder brother, Viktor, died of diphtheria during the siege of Leningrad.
  • Despite the fury expressed by U.S. and NATO officials about Russia’s unilateral delivery of the supplies after weeks of frustrating negotiations with Ukrainian authorities, there was clearly a humanitarian need. An International Committee of the Red Cross (ICRC) team that visited Luhansk on Aug. 21 to make arrangements for the delivery of aid found water and electricity supplies cut off because of damage to essential infrastructure. The Ukrainian army has been directing artillery fire into the city in an effort to dislodge the ethnic Russian federalists, many of whom had supported elected President Viktor Yanukovych who was ousted in the Feb. 22 coup. The Red Cross team reported that people in Luhansk do not leave their homes for fear of being caught in the middle of ongoing fighting, with intermittent shelling into residential areas placing civilians at risk. Laurent Corbaz, ICRC head of operations for Europe and Central Asia, reported “an urgent need for essentials like food and medical supplies.” The ICRC stated that it had “taken all necessary administrative and preparatory steps for the passage of the Russian convoy,” and that, “pending customs checks,” the organization was “therefore ready to deliver the aid to Luhansk … provided assurances of safe passage are respected.” The “safe passage” requirement, however, was the Catch-22. The Kiev regime and its Western supporters have resisted a ceasefire or a political settlement until the federalists – deemed “terrorists” by Kiev – lay down their arms and surrender.
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  • Accusing the West of repeatedly blocking a “humanitarian armistice,” a Russian Foreign Ministry statement cited both Kiev’s obstructionist diplomacy and “much more intensive bombardment of Luhansk” on Aug. 21, the day after some progress had been made on the ground regarding customs clearance and border control procedures: “In other words, the Ukrainian authorities are bombing the destination [Luhansk] and are using this as a pretext to stop the delivery of humanitarian relief aid.”
  • Despite all the agreements and understandings that Moscow claims were reached earlier with Ukrainian authorities, Kiev insists it did not give permission for the Russian convoy to cross its border and that the Russians simply violated Ukrainian sovereignty – no matter the exigent circumstances they adduce. More alarming still, Russia’s “warning” could be construed as the Kremlin claiming the right to use military force within Ukraine itself, in order to protect such humanitarian supply efforts – and perhaps down the road, to protect the anti-coup federalists, as well. The risk of escalation, accordingly, will grow in direct proportion to the aggressiveness of not only the Ukrainian armed forces but also their militias of neo-fascists who have been dispatched by Kiev as frontline shock troops in eastern Ukraine.
  • Moscow’s move is a difficult one to parry, except for those – and there are many, both in Kiev and in Washington – who would like to see the situation escalate to a wider East-West armed confrontation. One can only hope that, by this stage, President Barack Obama, Secretary of State John Kerry and the European Union realize they have a tiger by the tail. The coup regime in Kiev knows which side its bread is buttered on, so to speak, and can be expected to heed the advice from the U.S. and the EU if it is expressed forcefully and clearly. Not so the fanatics of the extreme right party Svoboda and the armed “militia” comprised of the Right Sector. Moreover, there are influential neo-fascist officials in key Kiev ministries who dream of cleansing eastern Ukraine of as many ethnic Russians as possible. Thus, the potential for serious mischief and escalation has grown considerably. Even if Ukrainian President Petro Poroshenko wants to restrain his hardliners, he may be hard-pressed to do so. Thus, the U.S. government could be put in the unenviable position of being blamed for provocations – even military attacks on unarmed Russian truck drivers – over which it has little or no control.
  • The White House second-string P.R. team came off the bench on Friday, with the starters on vacation, and it was not a pretty scene. Even if one overlooks the grammatical mistakes, the statement they cobbled together left a lot to be desired. It began: “Today, in violation of its previous commitments and international law, Russian military vehicles painted to look like civilian trucks forced their way into Ukraine. … “The Ukrainian government and the international community have repeatedly made clear that this convoy would constitute a humanitarian mission only if expressly agreed to by the Ukrainian government and only if the aid was inspected, escorted and distributed by the International Committee of the Red Cross (ICRC). We can confirm that the ICRC is not escorting the vehicles and has no role in managing the mission. … “Russian military vehicles piloted by Russian drivers have unilaterally entered the territory controlled by the separatist forces.”
  • The White House protested that Kiev had not “expressly agreed” to allow the convoy in without being escorted by the ICRC. Again, the Catch 22 is obvious. Washington has been calling the shots, abetting Kiev’s dawdling as the supply trucks sat at the border for a week while Kiev prevented the kind of ceasefire that the ICRC insists upon before it will escort such a shipment. The other issue emphasized in the White House statement was inspection of the trucks: “While a small number of these vehicles were inspected by Ukrainian customs officials, most of the vehicles have not been inspected by anyone but Russia.” During a press conference at the UN on Friday, Russia’s UN Ambassador Vitaly Churkin took strong exception to that charge, claiming not only that 59 Ukrainian inspectors had been looking through the trucks on the Russian side of the border, but that media representatives had been able to choose for themselves which trucks to examine.
  • Regardless of this latest geopolitical back-and-forth, it’s clear that Moscow’s decision to send the trucks across the border marked a new stage of the civil war in Ukraine. As Putin prepares to meet with Ukrainian President Poroshenko next week in Minsk – and as NATO leaders prepare for their summit on Sept. 4 to 5 in Wales – the Kremlin has put down a marker: there are limits to the amount of suffering that Russia will let Kiev inflict on the anti-coup federalists and ethnic Russian civilians right across the border. The Russians’ attitude seems to be that if the relief convoys can be described as an invasion of sovereign territory, so be it. Nor are they alone in the court of public opinion.
  • Charter members of the Fawning Corporate Media are already busily at work, including the current FCM dean, the New York Times’ Michael R. Gordon, who was at it again with a story titled “Russia Moves Artillery Units Into Ukraine, NATO Says.”  Gordon’s “scoop” was all over the radio and TV news; it was picked up by NPR and other usual suspects who disseminate these indiscriminate alarums. Gordon, who never did find those Weapons of Mass Destruction that he assured us were in Iraq, now writes: “The Russian military has moved artillery units manned by Russian personnel inside Ukrainian territory in recent days and was using them to fire at Ukrainian forces, NATO officials said on Friday.” His main source seems to be NATO chief Anders Fogh Rasmussen, who famously declared in 2003, “Iraq has WMDs. It is not something we think; it is something we know.” Cables released by WikiLeaks have further shown the former Danish prime minister to be a tool of Washington.
  • However, Gordon provided no warning to Times’ readers about Rasmussen’s sorry track record for accuracy. Nor did the Times remind its readers about Gordon’s sorry history of getting sensitive national security stories wrong. Surely, the propaganda war will be stoked by what happened on Friday. Caveat emptor.
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    Former Army officer and CIA analyst Ray McGovern informs that the Russian humanitarian aid convoy to Luhansk. It should be noted that "humanitarian intervention" has increasingly been used by the U.S. as grounds for full-fledged regime change military operations that invade other nation's sovereignty. Kosovo and Libya and prime examples, and the U.S. war by proxy against Syria has also been justified only by the humanitarian pretext of saving civilian lives, more than 100,000 of which have been extinguished by the war so far. So an actual humanitarian relief effort that invades the coup government of Ukraine's "sovereignty" seems like small potatoes in comparison. 
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    Former Army officer and CIA analyst Ray McGovern informs that the Russian humanitarian aid convoy to Luhansk. It should be noted that "humanitarian intervention" has increasingly been used by the U.S. as grounds for full-fledged regime change military operations that invade other nation's sovereignty. Kosovo and Libya and prime examples, and the U.S. war by proxy against Syria has also been justified only by the humanitarian pretext of saving civilian lives, more than 100,000 of which have been extinguished by the war so far. So an actual humanitarian relief effort that invades the coup government of Ukraine's "sovereignty" seems like small potatoes in comparison. 
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