Analysts: Iraq war ‘partly to blame’ for financial crisis
Stiglitz and Bilmes: Recession will be longer because of war
The financial crisis that rocked the world in 2008 and still reverberates today was “due at least in part” to the Iraq war, which also made it more difficult for the government to react when economic problems happened, argue two prominent policy makers.
In an article in Sunday’s Washington Post, former Clinton-era economic adviser Joseph Stiglitz and Harvard University public policy lecturer Linda J. Bilmes say that the Iraq war forced the US to take on more debt than it had to, and caused in part the rising oil prices that resulted in large amounts of money flowing out of the US economy.
To counter the effects of those trends, fiscal policy makers had to keep interest rates unnaturally low, causing the securities and real estate bubbles that burst at the start of the recession, the authors say.
The authors also amended their assessment from several years ago that the Iraq war’s true cost is around $3 trillion, saying new information suggests that the cost goes “beyond” that estimate.
Saying what might have been is always difficult, especially with something as complex as the global financial crisis, which had many contributing factors. Perhaps the crisis would have happened in any case. But almost surely, with more spending at home, and without the need for such low interest rates and such soft regulation to keep the economy going in its absence, the bubble would have been smaller, and the consequences of its breaking therefore less severe. To put it more bluntly: The war contributed indirectly to disastrous monetary policy and regulations.
The Iraq war didn’t just contribute to the severity of the financial crisis, though; it also kept us from responding to it effectively. Increased indebtedness meant that the government had far less room to maneuver than it otherwise would have had. More specifically, worries about the (war-inflated) debt and deficit constrained the size of the stimulus, and they continue to hamper our ability to respond to the recession. With the unemployment rate remaining stubbornly high, the country needs a second stimulus. But mounting government debt means support for this is low. The result is that the recession will be longer, output lower, unemployment higher and deficits larger than they would have been absent the war.
Stiglitz and Bilmes estimate that about a quarter of the debt increase the US saw during the first five years of the war are attributable to the war — about $900 billion of a $3.6 trillion rise in the debt. They also estimate that the war added about $10 to the cost of a barrel of oil, amounting to a cost of $250 billion to the US economy.
In articles in the Times of London and the Washington Post two years ago, Stiglitz and Bilmes estimated that the cost of the war, including the costs to the US economy, amounted to $3 trillion. At the time, the Pentagon questioned their assertion.
“It appears that our $3 trillion estimate (which accounted for both government expenses and the war’s broader impact on the U.S. economy) was, if anything, too low,” the authors state.
“Reimagining history is a perilous exercise. Nonetheless, it seems clear that without this war, not only would America’s standing in the world be higher, our economy would be stronger,” the authors conclude.
Knesset Speaker Reuven Rivlin’s admission: Israel “expelled Arabs” across Palestine in 1948
Knesset Speaker Reuven Rivlin is cursed with a penchant for intellectual honesty
On 09.03.10, By Max Blumenthal
In a little noticed article on page 19 of the September 1 edition of Maariv, the Speaker of the Israeli Knesset, Reuven Rivlin, assailed the actors and artists who have refused to perform at the theater in the Jewish settlement of Ariel. As a proud advocate of Greater Israel and professed friend of even the most fanatical members of the settlement enterprise (see his remarks at the recent funeral of murdered settlers in Kiryat Arba), Rivlin’s attack would not have been significant if he hadn’t revealed some uncomfortable facts in the process.
Seemingly lost in his anger at the lefty artists, Rivlin conceded that the founders of Israel, the cream of the kibbutznikim, had carried out a campaign of ethnic cleansing to a massive degree. “I say to those who want to boycott – Deer Balkum [‘beware’ in Arabic],” Rivlin said to Maariv. “Those who expelled Arabs from En-Karem, from Jaffa, and from Katamon [in 1948..] lost the moral right to boycott Ariel.”
So according to one of the most powerful politicians in Israel, the official story of the Israeli Ministry of Foreign Affairs, which denies that Palestinians were forced from their homes in 1948 (they “abandoned their homes…at the request of Arab leaders,” the ministry’s website claims), is false. The Nakba happened after all. But in Rivlin’s view, those who carried out the Nakba have no “moral right” to oppose settlement activity because they stole more from the Palestinians than the settlers intend to steal.
As it is said, there is no honor among thieves.
Here is a complete translation of the Hebrew-only Maariv report (thanks to the great Aki Orr for translation assistance):
Rivlin castigates the boycotting artists (“Ma’ariv” Sept. 1, bottom of page 19)
Rubi Rivlin, Chairman of the KNESSET, yesterday viciously attacked Israeli artists, players, and writers, who imposed a cultural boycott on the town of ARIEL, due to its location beyond the “Green Line” [in territories conquered in 1967]
“I say to those who want to boycott – Deer Balkum [“beware” in Arabic] Those who expelled Arabs from En-Karem, from Jaffa, and from Katamon [in 1948..] lost the moral right to boycott Ariel” said Rivlin to “Ma’ariv” yesterday.
Rivlin described the artists’ call for a boycott as “lacking intellectual honesty” adding that those who settled in Ariel and other places in Judea and Samaria [the official Israeli name for the occupied West Bank] did so “due to the orders of society, and some may say – due to the orders of Zionism.”
Letting Torturers Go Free
By Sherwood Ross | Consortium News | August 6, 2010
Although U.S. officials have attributed the torture of Muslim prisoners in American custody to a handful of maverick guards or limited to a few “high-value detainees,” such criminal acts were widely perpetrated, likely involving large numbers of military personnel, a book by a survivor suggests.
According to Murat Kurnaz, a Turkish citizen raised in Germany and defamed as “the German Taliban,” torture at the several prisons in which he was held was frequent, commonplace, and committed by many guards.
In his book, Five Years of My Life: An Innocent Man in Guantanamo, he writes that his beatings began in 2001 on the flight from Pakistan (where he was pulled off a public bus and sold by Pakistani police for $3,000) to his first imprisonment in Afghanistan. Kurnaz wrote:
I couldn’t see how many soldiers there were, but to judge from the confusion of voices it must have been a lot. They went from one prisoner to the next, hitting us with their fists, their billy clubs, and the butts of their rifles.
This was done to men who were manacled to the floor of the plane, Kurnaz said, adding:
It was as cold as a refrigerator; I was sitting on bare metal and icy air was coming from a vent or a fan. I tried to go to sleep, but they kept hitting me and waking me. … They never tired of beating us, laughing all the while.
On another occasion, Kurnaz counted seven guards who were beating a prisoner with the butts of their rifles and kicking him with their boots until he died. At one point, Kurnaz was hung by chains with his arms behind his back for five days:
Today I know that a lot of inmates died from treatment like this.
When he was finally taken down and needed water, “they’d just pour the water over my head and laugh,” Kurnaz wrote. The guards even tortured a blind man who was older than 90 “the same way the rest of us were,” he wrote.
At Camp X-Ray, Guantanamo, Cuba, Kurnaz said:
During the day, we had to remain seated and at night we had to lie down. If you lay down during the day you were punished. … We weren’t allowed to talk. We weren’t to speak to or look at the guards. We weren’t allowed to draw in the sand or whistle or sing or smile. Every time I unknowingly broke a rule, or because they had just invented a new one … an IRF (Immediate Reaction Force) team would come and beat me.
Once when he was weak from a hunger strike, Kurnaz wrote, “I was beaten on a stretcher.”
During his earlier imprisonment at Kandahar, Pakistan, Kurnaz writes:
There were weaker, older men in the pen. Men with broken feet, men whose legs and arms were fractured or had turned blue, red, or yellow from pus. There were prisoners with broken jaws, fingers and noses, and with terribly swollen faces like mine.
Not only were the wounds of such men ignored by guards but complicit doctors would examine him and other prisoners and advise guards as to how much more they could stand before they died. On one occasion, he saw guards beating a prisoner with no legs.
Still worse, Kurnaz said doctors participated in the tortures. A dentist asked to pull out a prisoner’s rotten tooth pulled out all his healthy ones as well, he wrote, adding that another prisoner who went to the doctor to treat one finger with severe frostbite had all his other fingers amputated.
I saw open wounds that weren’t treated. A lot of people had been beaten so often they had broken legs, arms and feet. The fractures, too, remained untreated. I never saw anyone in a cast.
Prisoners were deliberately weakened by starvation diets, he said. Meals at Guantanamo consisted of “three spoonfuls of rice, a slice of dry bread, and a plastic spoon. That was it,” he wrote, adding that sometimes a loaf of bread was tossed over a fence into their compound.
Prisoners who should have been in hospital beds instead were confined to cells purposefully designed to increase their pain, Kurnaz wrote. He described his experience this way:
Those cells were like ovens. The sun beat down on the metal roof at noon and directly on the sides of the cage in the mornings and afternoons.
All told, I think I spent roughly a year alone in absolute darkness, either in a cooler or an oven, with little food, and once I spent three months straight in solitary confinement.
Prisoners could be put in solitary confinement for the tiniest infractions of the most ridiculous rules, such as not folding a blanket properly, Kurnaz said. “I was always being punished and humiliated, regardless of what I did,” he wrote., noting that once, he was put in solitary for 10 days for feeding breadcrumbs to an iguana that had crawled into his cage.
Besides regular beatings from the Immediate Reaction Force, which commonly entered cells with clubs swinging, Kurnaz received excruciating electroshocks to his feet and was waterboarded in a 20-inch diameter plastic bucket filled with water, he said.
He described the experience as follows:
Someone grabbed me by the hair. The soldiers seized my arms and pushed my head underwater. … Drowning is a horrible way to die. They pulled my head back up [and asked], ‘Do you like it? You want more?
When my head was back underwater, I felt a blow to my stomach…. ‘Where is Osama?’ ‘Who are you?’ I tried to speak but I couldn’t. I swallowed some water. … It became harder and harder to breath, the more they hit me in the stomach and pushed my head underwater. I felt my heart racing.
They didn’t let up. … I imagined myself screaming underwater. … I would have told them everything. But what was I supposed to tell them?
It should be noted that U.S. and German authorities had decided as early as 2002 that Kurnaz was innocent, that he really was a student of the Koran in Pakistan when he had been seized by bounty hunters and sold to the Americans as a “terrorist.” Yet they continued his abuse for years.
On yet other occasions, Kurnaz, like so many other prisoners, was hung from chains backwards so that “it felt as though my shoulders were going to break,” he said, adding:
I was hoisted up until my feet no longer touched the ground. … After a while, the cuffs seemed like they were cutting my wrists down to the bone.
My shoulders felt like someone was trying to pull my arms out of their sockets. … When they hung me up backwards, it felt as though my shoulders were going to break. … I was strung up for five days. … Three times a day soldiers came in and let me down (and) a doctor examined me and took my pulse. ‘Okay,’ he said. The soldiers hoisted me back up.
I lost all feeling in my arms and hands. I still felt pain in other parts of my body, like in my chest around my heart.
A short distance away Kurnaz said he could see another man hanging from chains, dead.
When Kurnaz was transferred within the Guantanamo prison system to “Camp 1,” he was put in a maximum security cage inside a giant container with metal walls, he wrote, adding:
Although the cage was no smaller than the one in Camp X-Ray, the bunk reduced the amount of free space to around three-and-a-half feet by three-and-a-half feet. At the far end of the cage, an aluminum toilet and a sink took up even more room. How was I going to stand this? …
I hardly saw the sun at all. They had perfected their prison. It felt like being sealed alive in a ship container.
Although some U.S. politicians and right-wing radio talk show hosts ridiculed the harm of sleep deprivation against prisoners, this techniques was an insidious practice used earlier in Bolshevik Russia to torture enemies, a method known as “the conveyor belt.”
In 2002, Kurnaz wrote, when General Geoffrey Miller took over command of Guantanamo, “The interrogations got more brutal, more frequent, and longer.”
Miller commenced “Operation Sandman,” in which prisoners were moved to new cells every hour or two “to completely deprive us of sleep, and he achieved it,” Kurnaz said. “I had to stand and kneel twenty-four hours a day,” often in chains, and “I had barely arrived in a new cell and lay down on the bunk, before they came again to move me. …
“As soon as the guards saw me close my eyes … they’d kick at the door or punch me in the face.” In between transfers, “I was interrogated … I estimated the sessions lasted up to fifteen hours” during which the interrogator might disappear for hours at a time.
I sat chained to my chair or kneeling on the floor, and as soon as my eyelids drooped, soldiers would wake me with a couple of blows. … Days and nights without sleep. Blows and new cages. Again, the stabbing sensation of thousands of needles throughout my entire body.
I would have loved to step outside my body, but I couldn’t. … I went three weeks without sleep. … The soldiers came at night and made us stand for hours on end at gunpoint. At this point, I weighed less than 130 pounds.
Finally, in August 2006, Kurnaz was released to Germany and testified by video-link in 2008 to the U.S. Congress. During his five years of confinement, he was never charged with a crime.
And so it happened that, during the presidency of George W. Bush, tens of thousands of innocent human beings, Kurnaz among them, were swept up in dragnet arrests by the invading American forces or their allies and imprisoned without legal recourse, the very opposite of what America’s Founders gifted to humanity in the Constitution.
Yet, pretty much the only people implicated in these human rights crimes to face any punishment were a handful of low-ranking guards at Iraq’s Abu Ghraib’s prison whose true crime — in the eyes of Official Washington — apparently was to allow photographs of their actions to reach the public.
After the photographs of sadism at Iraq’s Abu Ghraib prison in May 2004, shocked the world, President George W. Bush called the revelations “a stain on our country’s honor and our country’s reputation.”
He told visiting King Abdullah of Jordan in the Oval Office that “I was sorry for the humiliation suffered by the Iraqi prisoners, and the humiliation suffered by their families.” Bush told the Washington Post, “I told him (Abdullah) I was equally sorry that people who have been seeing those pictures didn’t understand the true nature and heart of America.”
A year later, Private Lyndie England and 10 others from the 372nd Military Police Company were convicted of abusing Abu Ghraib prisoners. But the truth was that their actions followed in the footsteps of “war on terror” prison guards across the spectrum of Pentagon and CIA detention camps, often following direct orders from Bush’s White House.
Although President Bush made the Abu Ghraib revelations sound like an aberration that inflicted some un-American acts of “humiliation” on a small groups of detainees, the Abu Ghraib photos actually gave the world a glimpse into far greater crimes of every sordid type.
While a handful of guards like Ms. England — notorious for posing with naked Iraqi prisoners — were convicted and jailed, the many other hundreds or thousands of military guards, interrogators and doctors and dentists involved in widespread tortures have never been prosecuted for their crimes.
Sherwood Ross is an American writer who worked in the civil rights movement and for national magazines and wire services. Today, he runs a public relations firm for good causes. Reach him at sherwoodross10 (at) gmail.com
And the hits just keep on coming: ‘The Book the IPCC Plagiarized’
Anthony Watts | September 3, 2010
I have to hand it to Donna Laframboise of nofrakkingconsensus, she’s a tireless detail ferret. She’s already found a boatload of errors in the various IPCC reports, now she finds word for word copying from a book to write the health effects section of the IPPC WG2 report.
Donna writes in “The Book the IPCC Plagiarized”:
It appears unlikely that a good faith, bona fide review of the scientific literature took place prior to the writing of significant sections of the IPCC’s first health chapter. Instead, the climate bible surreptitiously incorporated numerous opinions expressed a few years earlier by the activist-oriented person in charge of writing this chapter.
Then the media told the world that the IPCC’s proclamations regarding global warming and diseases such as malaria were the considered, consensus view of thousands of experts.
Of course we’ve been saying for some time that the “malaria link” to global warming is unsupported, one might even call it hyped, seeing how bad the correlations (or lack thereof) are. Now we find the IPPC didn’t really bother to check research. They just copied it from a doomsday book by an activist. See below.
Donna points out this word for word similarity between the book and the 1995 WG2 report:
McMichael’s 1993 book, page 154:
In eastern Africa, a relatively small increase in winter temperature would enable the malarial zone to extend ‘upwards’ to engulf the large urban highland populations that are currently off-limits to the mosquito because of the cooler temperatures at higher altitudes – e.g. Nairobi (Kenya) and Harare (Zimbabwe). Indeed, such populations around the world, currently just outside the margins of endemic malaria, would provide early evidence of climate-related shifts in the distribution of this disease.Climate Bible’s 1995 Working Group 2 report, page 574:
Hence, it is a reasonable prediction that, in eastern Africa, a relatively small increase in winter temperature could extend the mosquito habitat and thus enable faciparum malaria to reach beyond the usual altitude limit of around 2,500 m to the large, malaria-free, urban highland populations, e.g. Nairobi in Kenya and Harare in Zimbabwe. Indeed, the monitoring of such populations around the world, currently just beyond the boundaries of stable endemic malaria, could provide early evidence of climate-related shifts in malaria distribution.
another example:
McMichael’s 1993 book, page 150:
Sandstorms in Kansas (USA) and in the Sudan have been accompanied by increased illness and death from bronchitis and asthma.Climate Bible’s 1995 Working Group 2 report, page 578:
Sandstorms in Kansas (USA) and the Sudan have been accompanied by increases in bronchitis and asthma.
Sheesh.
Read the whole IPCC train wreck here. It’s not just a couple of sentences, there’s plenty more where this sample came from.
JINSA: Road to Peace Runs Through Tehran
As noted in the September 2 Talking Points, the hard-line neoconservative Jewish Institute for National Security Affairs (JINSA) is pushing the old neocon meme that the ‘road to Middle East peace runs through’… well, anywhere but Jerusalem. This time, of course, it’s Tehran.
The latest JINSA Report, the organization’s policy e-newsletter, calls Iran the “elephant” in the room that went unmentioned in U.S. President Barack Obama’s Iraq address, as well as the “elephant” in Syria, Lebanon, Turkey and the Israeli-Palestinian conflict. The JINSA Report says that prospects for long-term success in Iraq will be “short-lived” unless the U.S. figures out what the elephant is and “how to tame it or remove it.” JINSA’s description of Iranian involvement in Lebanon and the Palestinian territories makes clear this prescription applies to those strategic challenges as well.
This theme is of course familiar to anyone who has followed JINSA since the run-up to the Iraq War. Just after September 11, 2001 — on September 14, to be exact — the top U.S. policy priority listed in the JINSA Report was the provision of ”all necessary support to the Iraq National Congress, including direct American military support, to affect [sic] a regime change in Iraq.” (The Iraqi National Congress and its leader, the neocon darling Ahmad Chalabi, have since been revealed to have had extensive ties to Iran, with Chalabi even accused of spying for the Islamic Republic, making JINSA’s outrage at Iranian influence in Iraq somewhat ironic, to say the least.)
On March 19, 2002, just one year prior to the U.S. invasion of Iraq, JINSA made the exact same point about Iraq it is now making about Iran: in order to bring regional actors at odds with the U.S. to heel, the U.S. must remove their patron (in Iraq’s case, Saddam Hussein) from power. This 2002 JINSA Report warns:
…the Oslo process in the 1990s had shifted attention from the greater dangers posed by Iraq. We believed, then and now, that only after the regional situation was stabilized in America’s favor would the Palestinians be prepared to acquiesce to legitimate American and Israeli demands about security and legitimacy. It wouldn’t work the other way around.
This analysis should be of no surprise coming from JINSA, an organization funded by Irving Moskowitz, the bingo and gambling magnate who has had a close relationship with both the Likud party of Israeli PM Binyamin Netanyahu and the most radical settler movements in East Jerusalem and the West Bank. Unsurprisingly, Moskowitz has also funded leading neoconservative institutions here — notably AEI, Center for Security Policy and Hudson — which connects him to figures instrumental in implementing the invasion of Iraq. Co-founded by Michael Ledeen, Richard Perle, and Stephen Bryen, JINSA itself is advised by the likes of Anne Bayefsky (see Eli’s recent post), John Bolton, Dick Cheney, Douglas Feith, and Jim Woolsey.
Dyed-in-the-wool neoconservatives like the JINSA advisers have a known fondness for the policies of the Likud party. So it’s again no surprise to see that Netanyahu has long promoted the position that first solving the Iran problem will suddenly allow Israel some latitude in Arab-Israeli peacemaking. This notion, known as ‘reverse linkage’ rather than the militarily-accepted ‘linkage’ that says the opposite, was espoused by Netanyahu’s National Security Advisor, Uzi Arad, just they were coming into office. In March 2009, Arad told Reuters:
[T]he order of priority is: blunt Iran first, move vigorously on peace after, and based on that. Should you act in the wrong order…you will have a sterile, perhaps failed process with the Palestinians and at the same time you will end up with a nuclear Iran.
So now those same figures who brought us the Iraq war are using the same talking points — eerily echoing the Israeli right — to drum up support for escalating measures against Iran. We’ve seen this movie before.
Is the World Bank deliberately concealing disappointing West Bank economic “growth” figures?
By Ali Abunimah | September 2, 2010
An August 31 press release from the World Bank states:
The Palestinian Authority (PA) has achieved strong results in recent years, but the resurgence of growth remains dependent on donor assistance.
- in the first half of 2010, the economy saw 7% real growth;
- in the West Bank, unemployment in the fourth quarter of 2009 fell to 18% from 20% in the same quarter of 2008;
- unemployment in Gaza also dropped, falling from 45% in the fourth quarter of 2008 to 39% in the last quarter of 2009;
- the PA has unified its cash transfer programs into one consolidated program that has greatly increased the efficiency of the PA’s social safety system and is one of the most advanced in the region;
- the PA has improved its budgeting process, budget execution and financial reporting capacity; and introduced commitment controls to reduce spending.
What is very interesting is that the press release provides no breakdown for growth in the West Bank separate from the Gaza Strip. What we have instead apparently is a 7% overall growth figure.
In June a highly informed source who has since been proven correct on a number of other issues told me:
World Bank figures due to be published in coming weeks are likely to show that economic growth in the Gaza Strip in the first quarter of 2010 has exceeded that in the West Bank. While virtually all economic growth in the West Bank is a result of foreign aid, much of the growth in Gaza is attributable to a “parallel economy” that has emerged thanks to the tunnels. This has even created a small new class of nouveaux riches in Gaza.
At the time the source told me that what we’d probably see as a result is the World Bank and PA emphasizing the overall growth figure, rather than dwelling on disappointing results in the West Bank — where a huge politically-motivated aid effort has been aimed at shoring up the Israeli-backed collaborator regime of Mahmoud Abbas and illegally-appointed “prime minister” Salam Fayyad.
Could this be what is happening here? Perhaps the World Bank has provided a West Bank/Gaza breakdown somewhere else? (I haven’t had time to conduct a thorough search yet, but a quick search didn’t reveal it). But I do think its significant there is no breakdown in the press release. It’s a safe assumption that if there had been stellar performance in the West Bank, the World Bank would have emphasized it.
The whole narrative of “Fayyadist” state building depends on the notion that the West Bank economy is booming. There are claims, for example, of a “property boom” in Ramallah, which as I explained tells us nothing about the true state of the West Bank economy.
Indeed a recent Save the Children study found that outside the Ramallah bubble, poverty conditions across much of the West Bank are even worse than in Gaza. My recent Los Angeles times op-ed references that and debunks more “Fayyadist” myths.
Israel confiscates Jerusalem land to build Jewish war memorial
Palestine Information Center – 03/09/2010

OCCUPIED JERUSALEM — The Israeli occupation authorities has decided to build a war dead memorial on lands that belong to Palestinian citizens in Sheikh Jarrah suburb in the occupied city of Jerusalem, well-informed Hebrew sources revealed Thursday.
According to the sources, the Israeli administration of Jerusalem municipality wants to build the memorial to remember Israelis who were “killed at the hands of Palestinian aggressors”.
It added that members of the municipal council were set to ratify the decision during a municipal session two week from now, pointing out that the place was “the most suitable location for the memorial”.
The sources estimated the confiscated Palestinian land to be 6,500 sq meters, but Palestinians believe that the Israeli step was only part of the Israeli occupation authority policy to expand the settlement activities and to distort Arab identity in occupied Jerusalem.
“We found the place as the most suitable site for such crucial civil needs, and we found no reason to hinder the use of those lands for Israeli public needs and for matters we view as of Jewish and national values”, said Yaer Jabay, the member of the Jewish municipal council.
The Israeli decision to confiscate the land came on the eve of the kicking-off of the US-sponsored direct Israeli-Fatah negotiations, which the great majority of the Palestinian people oppose.
Fascism in Ramallah
By Khalid Amayreh | The People’s Voice | September 4th, 2010

The American-backed, Israeli-tolerated Palestinian Authority has been unmasking its ugly face. In recent days and weeks, ruthless and undisciplined Security forces have been suppressing public dissent, especially opposition to futile talks with Israel. Such talks are looked upon by most Palestinians as a clear surrender to Israeli whims and dictates.
In the West Bank, the Mukhabarat or intelligence Personnel, have been harassing and even beating opposition figures. Clearly undemocratic, even barbaric methods, have been used to intimidate, harass and even terrorize civic leaders and public figures who dared to voice their opposition to the PA decision to unconditionally join so-called peace talks with Israel even though the apartheid Israeli regime continues to vehemently refuse to freeze settlement expansion and stop the ongoing aggressive Judaization in East Jerusalem.
In Ramallah, the seat of the police state without state, known as the Palestinian Authority, or PA, respectable public figures have been assaulted and beaten without any justification. What kind of government would allow ignoramuses and school dropouts to beat and mistreat professors, doctors, engineers and civic leaders, the crème de la crème of society?
Understandably, this repressive behavior represents a serious retreat from the rule of law the PA has been claiming it wants to establish. In fact, what the Palestinian people have seen in recent days and weeks is that the PA is upholding the law of the truncheon, rather than the rule of law. […]
Needless to say, an authority that beats civic leaders and public figures, some of whom spent the prime of their lives in Israeli jails, dungeons, and detention camps, is neither national nor respectable. On the contrary, it is anti-national as its general behavior is decidedly incompatible with fundamental national dignity.
We have seen some PA officials and spokespersons deny the obvious, namely the indulgence of security personnel in acts of repression. However, it is sad that lying to the public has by and large become a modus operandi for PA spokespersons whose spasmodic discourse tells much about their way of thinking.
Unfortunately, lies, even brash, unsophisticated lies, are not only uttered by manifestly ignorant security figures, who continue to indulge in every conceivable violation of the law with total impunity. These lies are often echoed and reiterated by high-ranking officials, such as the President of the PA Mahmoud Abbas and his unelected and controversial Prime Minister Salam Fayyadh.
For example, both routinely claim that the PA doesn’t detain people because of their ideological and political convictions. Needless to say, these claims are not true because innocent people are being arrested on a daily basis because of their ideological and political convictions.
None the less, the insistence on lying by people who are supposed to set an example of virtue and honesty to their people shows that these leaders either lie knowingly, since it is unlikely that they are unaware of what is going on. Or that they don’t know what is going on, which is a greater calamity.
Recent days and weeks saw PA security forces storm and desecrate several mosques in the West Bank. The manner in which these mosques were stormed infuriated ordinary, un-politicized citizens who are not affiliated with any political orientation, which really generates a lot of disdain and anger toward the Fatah organization and its authority.
We all know that prior to the establishment of the PA regime in the early 1990s, Israeli soldiers and officers were often reluctant to enter mosques with their boots on. Hence, the disgusting behavior of PA “soldiers” should be severely condemned by all free-minded Palestinians.
Besides, the sweeping arrests of young Islamist activists, who do very little if any besides observing their religious duties, remains a stigma of shame incriminating, even criminalizing, PA treatment of its own people.
There is no moral or legal justification for the recurrent arrest and maltreatment of people because of their political views. The Palestinian law, which the PA government claims to uphold, says so.
Cynically, the PA continues to invoke the so-called “Gaza coup” to justify and extenuate the gravity of its own crimes against its own people. However, while the Gaza government, which was democratically elected by the people, is not without mistakes, it is sufficiently obvious that there is no real comparison between what is happening here in the West Bank and what is happening there in the Gaza Strip.
Here, there is a systematic persecution bordering on an inquisition. What else can be said about the illegal and illegitimate incarceration of thousands of innocent people on no grounds other than the fact that they are religious and supportive of an Islamic political party, Hamas, that won the elections in 2006.
To be sure the arrests are only one aspect of PA repression of its citizens. According to human rights organizations, thousands of teachers and civil servants have been summarily and un-apologetically fired from their jobs for no reason other than having a relative who happens to be an affiliate of Hamas.
If this is not fascism, what is fascism then?
Interestingly, this blind disregard for the rule of law takes place while the PA is continuing rather shamelessly to invoke national unity by urging Hamas to sign a worthless Egyptian document that would perpetuate fascism and tyranny.
Needless to say, Hamas must never ever accept such an arrangement. In the final analysis, the Palestinians have not been struggling for ages to finally settle for a police state without a state which is what the PA is all about!!
More to the point, we all know deep in our hearts that the main motive behind this stupid and barbarian inquisition (barbarian because several people have died under torture in PA custody), has more to do with a sick desire on the part of the PA to obtain a certificate of good conduct from Israel and the US government, especially the American general Keith Dayton who runs the PA security apparatus, than with any legitimate security concerns.
Finally, it is crystal clear that no matter how savagely and brutally the PA treats its own people, especially the political opposition, the thuggish Israeli government would never grant the PA any real award, probably apart from allowing PA officials to walk through Israeli checkpoints and roadblocks. Israel, as we all know, treats the PA as a beggar or quisling entity, and neither the beggars nor the quislings can be choosers, even if they claim sovereignty and dignity.
There are those who argue that savaging the Palestinians is a sin-qua-non for the PA. This argument shouldn’t be dismissed easily. There are real fears among Palestinians that the PA security forces would be eventually used to suppress any opposition to any unacceptable deal with Israel, a deal that would liquidate the Palestinian cause. Some say this is the raison d’etre of the PA security forces.
This is the real looming danger that all free and dignified Palestinians must be vigilant about.
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Khalid Amayreh is a journalist living in Palestine. He obtained his MA in journalism from the University of Southern Illinois in 1983. Since the 1990s, Mr. Amayreh has been working and writing for several news outlets among which is Aljazeera.net, Al-Ahram Weekly, Islamic Republic News Agency (IRNA), and Middle East International. He can be reached through politics.indepth@iolteam.com
Does Our Economy Really Have to Run on Fraud?
The Angelides Commission Squints Back at the Bank Bailout and the Fall of Lehman
By MICHAEL HUDSON | CounterPunch | September 3, 2010
What is the difference between today’s economy and Lehman Brothers just before it collapsed in September 2008? Should Lehman, the economy, Wall Street – or none of the above – be bailed out of bad mortgage debt? How did the Fed and Treasury decide which Wall Street firms to save – and how do they decide whether or not to save U.S. companies, personal mortgage debtors, states and cities from bankruptcy and insolvency today? Why did it start by saving the richest financial institutions, leaving the “real” economy locked in debt deflation?
Stated another way, why was Lehman the only Wall Street firm permitted to go under? How does the logic that Washington used in its case compare to how it is treating the economy at large? Why bail out Wall Street – whose managers are rich enough not to need to spend their gains – and not the quarter of U.S. homeowners unfortunate enough also to suffer “negative equity” but not qualify for the help that the officials they elect gave to Wall Street’s winners by enabling Bear Stearns, A.I.G., Countrywide Financial and other gamblers to pay their bad debts?
There was disagreement last Wednesday at the Financial Crisis Inquiry Commission now plodding along through its post mortem hearings on the causes of Wall Street’s autumn 2008 collapse and ensuing bailout. Federal Reserve economists argue that the economy – and Wall Street firms apart from Lehman – merely had a liquidity problem, a temporary failure to find buyers for its junk mortgages. By contrast, Lehman had a more deep-seated “balance sheet” problem: negative equity. A taxpayer bailout would have been an utter waste, not recoverable.
Lehman CEO Dick Fuld is bitter. He claims that Lehman was unfairly singled out. After all, the Fed lent $29 billion to help JPMorgan Chase buy out Bear Stearns the preceding spring. In the wake of Lehman’s failure it seemed to gain the courage to say, “Never again,” and avoided new collapses by bailing out A.I.G. – saving all its counter-parties from having to take a loss.
Was this not a giveaway? Fuld implied. Why couldn’t the Fed and Treasury do for Lehman what they did with other Wall Street investment firms and stock brokers: let it reclassify itself as a bank so it could pawn off its junk mortgages at the Fed’s discount window for 100 cents on the dollar, sticking taxpayers with the loss? (And by the way, will these firms ever be asked to buy back these mortgages at the price they borrowed against from the government? Or will they be allowed to walk away from their debts in a Wall Street version of “jingle mail”?)
This is the soap opera that Americans should be watching, if only it weren’t conducted in the foreign language of jargon and euphemism. At issue is whether Lehman’s crisis was merely a temporary “liquidity problem,” that time would have cleaned up; or, did the firm suffer a more deep-seated “balance sheet problem” (negative equity), as Federal Reserve Chairman Ben Bernanke claims – a junk balance sheet, composed of assets that not only had no buyers at the time, but had no visible likelihood of recovering their market price even after the $13 trillion the Treasury and Federal Reserve have spent to bail out Wall Street.
Insisting that Lehman should have shared in Washington’s $13 trillion giveaway. Fuld testified that his firm was just as savable as Countrywide or A.I.G. – or Fannie Mae for that matter. Lehman was perversely singled out, he claims. Was it not indeed as savable as the Fed and Treasury claim the U.S. real estate sector is? Like over-mortgaged homeowners, all it needed was enough time to finish selling off its portfolio, given enough loan support to tide it over.
The problem, of course, is that the securities that Lehman hoped to pawn off were fraudulent junk. American homeowners are victims, not crooks. Wall Street bailed out crooks at Countrywide and its cohorts. The credit-rating agency Fitch has found financial fraud in every mortgage package it has examined. And these are the packages that have made Wall Street rich and powerful enough to gain Washington bailouts to establish them as a new ruling class, bailouts to use for buying up Washington politicians and lawmakers, and for buying out the popular press to tell people how necessary Wall Street financial practice is to “support” the economy and “create wealth.”
Could any other daytime telecast have a more typecast villain than Fuld? A novelist would be hard-put to better personify greed, arrogantly playing bridge with his boss while Lehman burned. Yet his testimony has a certain logic. If the negative equity suffered by a quarter of U.S. homeowners can be saved, as the Fed claims it can, where should the line be drawn?
Or to put this question the other way around, why are ten million American homeowners being treated like Lehman, if the Fed believes that they are as savable as Countrywide and A.I.G.?
Huge sums are at stake, because the bailout has left little for Social Security, and nothing to bail out the insolvent states and cities, or for more stimuli to pull the national economy out of depression.
Most relevant in Fuld’s self-pitying defense before the Angelides Committee is not what he said about his own firm, but his accusation that the Fed and Treasury rescued the rest of Wall Street. Weren’t other firms just as bad? Why was Lehman singled out?
The Fed’s witnesses gave a devastating reply. They drew a clear distinction between a temporary “liquidity problem” and outright negative net worth – the “balance-sheet problem” of insufficient assets to cover one’s debts. Lehman was so badly managed, the Fed claimed, so reckless and arrogant in its belief that it could cheat its customers by selling junk at a huge markup, that it could not have been rescued except by an outright taxpayer giveaway. As the Fed’s Chief Counsel, Scott Alvarez, put matters: “I think that if the Federal Reserve had lent to Lehman … in the way that some people think without adequate collateral … this hearing and all other hearings would have only been about how we had wasted the taxpayers’ money – and I don’t expect we would have been repaid.” Like the city of Oakland, in Gertrude Stein’s derisive phrase, there was no “there” there.
Included in the hearings’ evidence is an exasperated e-mail sent by Treasury Secretary Hank Paulson’s chief of staff, Jim Wilkinson, on Sept. 9, 2008: “I just can’t stomach us bailing out Lehman. Will be horrible in the press.” Five days later, on Sept. 14, he added that unless a private buyer could be found (e.g., as JPMorgan Chase stepped forward to buy Bear Stearns), “No way govt money is coming in … also just did a call with the WH [White House] and usg [U.S. Government] is united behind no money … I think we are headed for winddown.”(1)
Lehman’s problem was not just temporary illiquidity. It had a fatal balance-sheet problem: Its assets were not worth anywhere near what it owed. So with poetic justice, it was in the same position as the subprime borrowers whose junk mortgages it had underwritten and sold to investors gullible enough to believe Moody’s and Standard and Poor’s AAA ratings. This fraudulent junk was supposed to be as safe as a U.S. Treasury bond. But it turned out to be only as safe as Social Security and state pension promises are in today’s “Big fish eat little fish” world.
Yet Fuld is correct in pointing out that not only Bear Stearns and A.I.G., but also Morgan Stanley and Goldman Sachs would have failed without state support. So the question remains: Why bail out these firms (and their counter-parties!) but not Lehman?
This is too narrow a scope to pose the proper question. What needs to be discussed is the result of Washington arranging for Wall Street to repay its TARP, A.I.G. and other bailout money – including that of Fannie Mae and Freddie Mac – by “earning its way out of debt” at the “real” economy’s expense. Why has Washington refused to write down the bad debts of homeowners, states and cities, and companies facing bankruptcy unless they annul their pension promises to their employees? Why is Washington treating the American economy like it treated Lehman and telling it to “drop dead”?
The explanation is that a double standard exists. The wealthy get bailed out – the creditors, not the debtors. And even the fraudsters, not their victims.
Sidestepping the Fraud Issue
Recent federal bankruptcy proceedings have exposed Lehman’s deceptive off-balance-sheet accounting gimmicks such as Repo 105 to conceal its true position. No fraud charges have yet been levied, but this is the invisible elephant in the Washington committee rooms. “Everyone was doing it,” so that makes it legal – or what is the same thing these days, non-prosecutable in practice. To prosecute would be to disrupt the financial system – and it is Fed doctrine that the economy cannot survive without a financial system enabled to “earn its way out of debt” by raking off the needed wealth from the rest of the economy?
So the Fed, the Treasury and the Justice Department have merely taken the timid baby step of pointing out that Lehman suffered from such bad management that no firm was willing to buy it out. Barclay’s was interested, but Fuld was so greedy that he found its offer not rich enough for his taste. So he ended up with nothing. It is a classic morality tale. But evidently not fraud.
The fraud issue lies as far outside the scope of the financial committee meetings as the question of how the economy should cope with its unpayably high mortgage, state and local debts in the face of its inadequately funded pension obligations. Fed Chairman Bernanke testified on Thursday, September 2, that “the market” itself breeds what most people would call fraud. Widening the market for home ownership necessarily involves lowering loan standards, he explained. But as the Lehman failure illustrates, where should we draw the line between “illiquidity” and insolvency on the one hand, and higher risk and outright fraud?
The Fed argues that the economy cannot recover without a solvent financial system. But what about that large part of the financial system based on fraud? Would the economy fall apart without it – without mortgage fraud, without deceptive packaging of junk mortgages, and for that matter without computerized gambling on derivatives? What of the credit-ratings agencies whose AAA writings were as much up for sale as the conscience and honesty of politicians on the Senate and House Banking Committees? Do we really need them?
And does the economy need more credit (that is, debt)? Or does it need jobs? Does it need to un-tax the banks and give tax-favoritism to Wall Street (“capital gains” tax rates) to enable it to earn its way out of debt at the expense of the production-and-consumption economy?
The question that Washington financial committees should be asking (and economics textbooks should be posing) is whether wider home ownership is really dependent on easier and looser lending standards. After all, the effect of easy credit is to enable borrowers to bid up housing prices. Is this really how to make the U.S. economy more competitive – given the fact that industrial labor now typically pays 40 per cent of its wage income for housing?
Or, does the Fed’s easy-money policy deregulation of oversight open the way for asset-price inflation that puts home ownership even further out of reach – except at the price of running up a lifetime of debt to the banks that write the loans on their keyboard at steep markups over their cost of funding from the compliant Fed?
Qui bono?
Who is to benefit from the Fed’s easy money policy – consumers and homeowners, or Wall Street? This is the broad issue that should be discussed. What would have happened without the bailout? (Remember, Republican Congressmen opposed it – before that fatal Friday when “maverick” John McCain rushed back to Washington and said he would not debate Obama that evening unless Congress approved the bailout of his Wall Street backers.) What if it had been the debtors who were bailed out by a write-down of bad debts, instead of the lenders who had made bad loans and the large institutions that bought them?
The bailout has saddled taxpayers not only with $13 trillion that now must be sacrificed by the economy at large (but not by Wall Street), with the cost of a decade-long depression resulting from keeping the bad debt on the books. This is what rightly should be deemed criminal.
Defenders of Wall Street insist that there was no alternative. And the committee hearings are carefully only listening to such people, because these are very respectable hearings. They are writing mythology, almost as if they are crafting a new religion. In this new ethic, Wall Street financial institutions – “credit creators,” that is, debt creators – are supposed to fund industry, not strip assets or make bad loans. Without rich people, who would “create jobs”? Such is the self-serving logic of Wall Street. For them, Wall Street is the economy. The wealth of a nation is worth whatever banks will lend, by collateralizing the economic surplus for debt service.
What the Angelides Commission really should focus on is whether this is true or false. That would make it a soap opera worth watching. The Fed so far has stonewalled attempts to discover just who was bailed out in autumn 2008? But most important of all is, what dynamic was bailed out? What class of people?
The answer would seem to be, financial firms employing and serving the nation’s wealthiest 1 per cent? Any and all fraudsters among their ranks? (There has not been a single prosecution, as Bill Black reminds us.) Or the remaining 99 per cent of the population – their bank deposits and indeed, their jobs themselves?
Academic textbooks pretend that the economy is all about production and consumption – factories producing the things their workers buy. The distribution of wealth does not appear, nor is it regularly tracked in statistics. But in Washington and at the hearings, the economy seems to be all about lending and debt, all about balance sheets.
I believe that the beneficiaries were fraudsters, and that the system cannot be saved. Trying to save it by keeping the debts in place – and letting Wall Street banks “work their way out of debt” at the U.S. economy’s expense – threatens to lock the economy in a chronic debt deflation and depression.
At issue is the concept of capital. Does money that is made by short-term, computer-driven financial trades qualify as “capital formation” and hence deserving of tax breaks? Are the billions of dollars of “earnings” reported by Wall Street speculators to be taxed at the low 15 per cent “capital gains” rate? That is only a fraction of the income-tax rate that most workers pay – on top of which is piled the 11 per cent FICA wage withholding for Social Security and Medicare that all workers have to pay on their salaries up to the cut-off point of about $102,000. (This cut-off frees from this tax the tens of millions of dollars that hedge fund traders pay themselves.) Or should these trading gains – a zero-sum activity where one party’s gain is, by definition, another’s loss (usually one’s customers) – be taxed more highly than poverty-level income of workers?
A short while ago the Blackstone hedge fund’s co-founder, Stephen Schwarzman, characterized the attempt to tax short-term arbitrage trading gains at the same rate that wage-earners pay as analogous to Adolph Hitler’s invasion of Poland in 1939. It is a class war against fraudsters and criminals – an unfair war as serious as World War II. In Schwarzman’s apocalyptic vision the Democrats are re-enacting the role of Adolph Hitler by mounting a fiscal blitzkrieg to force billionaires to pay as high a tax rate as workers. Are not Wall Street firms doing “God’s work,”as Goldman Sachs chairman Lloyd Blankfein, put it last fall? And if they are, then are not those who would tax or criticize Wall Street “God-killers”?
If religion can be turned on its head like this – where the Invisible Hand of Wall Street (invisible to the Justice Department, at least) is elevated to a faux-Deist moral philosophy – is it any surprise that economic orthodoxy and formerly progressive tax policy are succumbing? The rentiers are fighting back – against the Enlightenment, against Progressive Era tax policy, and against hopes for U.S. economic recovery. Given today’s florid emotionalism when it comes to discussing Wall Street finances, it hardly is surprising that the Angelides hearings do not dare venture into such territory as to ask whether the bottom 90 per cent of the U.S. economy might need to be bailed out with debt relief just as Wall Street’s elites were.
On Thursday, Fed Chairman Bernanke tried to put the financial flow of funds that led up to the crisis in perspective. In his testimony before the Financial Crisis Inquiry Commission he described a self-feeding process that actually started with the U.S. balance-of-payments deficit that made foreigners so flush with dollars. They understandably wanted yields higher than the Treasury was paying, as the Fed was flooding the economy with credit to keep asset prices afloat to save the banks from having to take loan write-downs and admit that debt creation was not really the same thing as Alan Greenspan euphemized in calling it “wealth creation.” So foreign financial institutions became a large but overly trusting market for packaged junk mortgages.
When asked just who was pushing the great explosion of mortgage lending, Bernanke pointed to the mortgage packagers – Wall Street profiting from the commissions and rake-offs it was making by pretending that the loans were not bad. However, he reminded his audience, there also had to be popular demand for housing. People were panicked. They worried that if they did not buy a home back in 2005, they could not afford to buy in the future. And they were cajoled with financial televangelists assuring them that they would always enjoy the option of selling at a profit. But Bernanke said nothing about fraud in all this. To widen the market for home ownership, banks had to write more mortgages, and this required lowering their standards.
So they did it all for us, for “the people” – and the backers of Fannie Mae and Freddy Mac who egged them on.
Where does “lowering loan standards” turn into outright fraud? Has that simply become part of “the market”? This is what the commission seems to fear to address. But it is getting late – already we are in September, and the report is scheduled for December. So is this really going to be “it”? This would be like a soap opera ending in the middle of the desert, with the main protagonists stranded. This seems to be where the Commission is leaving the U.S. economy as it waits for the recommendations of the Joint Commission to Roll Back Social Security, or whatever the name of Obama’s Republicanized Democratic commission is more formally called. The result is more like the cliffhanger of a serial, leaving the viewer to try and imagine how the protagonist – in this case, the economy – will ever manage to be saved.
Michael Hudson is a former Wall Street economist. A Distinguished Research Professor at University of Missouri, Kansas City (UMKC), he is the author of many books, including Super Imperialism: The Economic Strategy of American Empire (new ed., Pluto Press, 2002) and Trade, Development and Foreign Debt: A History of Theories of Polarization v. Convergence in the World Economy. He can be reached via his website, mh@michael-hudson.com
(1) Tom Braithwaite, “Fuld criticises Fed for letting Lehman fail,” Financial Times, September 2, 2010, and John D. McKinnon and Victoria McGrane, “Clashing Testimony Over Lehman Bankruptcy,” Wall Street Journal, Sept. 2, 2010.
No Surprise at Obama’s Guantánamo Trial Chaos
By Andy Worthington | 1.9.10
Surprise is the last thing that anyone ought to feel on hearing the news that the Obama administration “has shelved the planned prosecution,” in a trial by Military Commission, “of Abd al-Rahim al-Nashiri, the alleged coordinator of the Oct. 2000 suicide attack on the USS Cole in Yemen,” as the Washington Post reported on Thursday, or that senior officials are “alarmed” by negative responses to the trial by Military Commission of Omar Khadr, as the New York Times reported on Friday.
The problem in both cases is that trials by Military Commission are inappropriate for any of the prisoners held at Guantánamo, who are either accused of terrorist activities, and should be tried as criminals in the federal court system, or are soldiers seized in connection with their support of the Taliban, wrongly imprisoned in an experimental prison established to permit coercive interrogations, instead of being held in a prisoner of war camp in accordance with the Geneva Conventions.
The Commissions — dragged from the bowels of history in November 2001 by Dick Cheney — looked appropriate to the former Vice President, and to President George W. Bush, because they, like Guantánamo, appeared to be beyond the reach of the US courts, and would allow prisoners to be executed after largely perfunctory trials using evidence obtained through torture.
One reason for seeking to avoid court interference was that senior Bush administration officials were aware that their “War on Terror,” which equated al-Qaeda with the Taliban and failed to distinguish between terrorists and soldiers, regarding everyone who ended up in US custody as “enemy combatants” or “high-value detainees,” was legally unprecedented, and would be subjected to rigorous challenges.
To the Bush administration, such interference was unacceptable, but time and again they were proved wrong, as the Supreme Court found in favor of the prisoners, ruling that they had habeas corpus rights in June 2004, ruling that the Military Commissions violated both the Geneva Conventions and the Uniform Code of Military Justice in June 2006, and, after unconstitutional interventions by Congress, reiterating that the prisoners had habeas corpus rights in June 2008.
In the cases of the men held as part of the general population at Guantánamo, the Supreme Court’s rulings destroyed the Bush administration’s claim that, in the “new paradigm” of the “War on Terror,” men could be held forever without being able to ask a judge if there was any basis for their detention, if, as in many cases, they claimed that they had been seized by mistake. As has become apparent in the last two years, when the prisoners’ habeas petitions have proceeded to the District Court in Washington D.C., there are so many fundamental problems with the prisoners’ detention — primarily involving torture and unacceptable levels of hearsay masquerading as evidence — that in 38 out of 53 cases so far decided, the prisoners have won their petitions.
The Obama administration has failed to understand quite how ruinous these rulings are for the detention authority inherited from President Bush. Although senior officials have publicly repudiated Bush’s reliance on claims of seemingly unfettered power exercised as the Commander-in-Chief during wartime, Obama has continued to rely on the Authorization for Use of Military Force (AUMF), passed by Congress the week after the 9/11 attacks, which, with another Supreme Court ruling from June 2004 (Hamdi v. Rumsfeld) allows the government to detain anyone it regards as having supported al-Qaeda, the Taliban or related forces.
This has led to horrendous problems, as I have reported at length, because, in the first instance, the majority of those who have lost their habeas petitions were nothing more than foot soldiers for the Taliban, who should have been held as prisoners of war, and secondly, because the President is also relying on the AUMF to justify his plan to continue holding 48 of the remaining 176 prisoners without charge or trial, on the basis that “prosecution is not feasible in either federal court or a military commission.”
The well-chronicled failures of the Military Commissions
This is a fundamental error that has still not been adequately addressed, but when it comes to the Military Commissions, the failures of the system have been far more thoroughly aired, and the Obama administration had no excuse for working with Congress to revive them last summer. In Congressional testimony at the time, a number of knowledgeable critics of the Commissions, including retired Adm. John Hutson and Lt. Col. Darrel Vandeveld, a former prosecutor, explained why reviving the Commissions was a bad idea, but the most compelling testimony was delivered by Lt. Col. David Frakt, the military defense attorney for two Guantánamo prisoners, Mohamed Jawad (released last August) and Ali Hamza al-Bahlul (who received a life sentence after a one-sided trial by Military Commission in October 2008, in which he refused to mount a defense).
In a comprehensive dissection of the failures of the original Military Commissions, Lt. Col. Frakt stated:
[T]he drafters [of the original military commission rules (PDF)] classified as “war crimes” conduct, such as conspiracy and terrorism crimes that are violations of regular criminal law but had never previously been recognized as covered by the laws of war, largely because the laws of war rightly apply to the narrow context of armed conflict.
They also created a number of “new” war crimes based on the alleged status of a person, rather than on conduct that actually violates the laws of war [PDF]. The most egregious examples of these were the invented crimes “Murder by an Unprivileged Belligerent” and “Destruction of Property by an Unprivileged Belligerent,” which appeared in the original commission’s list of offences. These provisions made killing US soldiers, destroying military property, or attempting to do so, a war crime. In other words, the US declared that it was a war crime to fight, regardless of whether the fighters comply with the rules of war.
Noticeably, Lt. Col. Frakt found little improvement in the revised version of the Commissions introduced by Congress in the fall of 2006, after the Supreme Court ruled that Cheney’s version was illegal. As he stated, Congress “retained the full list of war crimes (again with minor variations), including the invented ones, and even added new ones, such as the flexible catch-all ‘material support to terrorism.’” He added:
If one were to review the charges brought against all of the approximately 25 defendants charged [under President Bush] in the military commissions, as I have, one would conclude that 99% of them do not involve traditionally recognized war crimes. Rather, virtually all the defendants are charged with non-war crimes, primarily criminal conspiracy, terrorism and material support to terrorism, all of which are properly crimes under federal criminal law, but not the laws of war.
Alarmingly, senior officials in the Obama administration recognized that providing material support to terrorism should not be included in the revised version of the Military Commissions that was approved last summer. In Congressional testimony, Assistant Attorney General David Kris conceded (PDF) that “there is a significant risk that appellate courts will ultimately conclude that material support for terrorism is not a traditional law of war offense, thereby reversing hard-won convictions and leading to questions about the system’s legitimacy,” and the Pentagon’s General Counsel Jeh Johnson also accepted (PDF) that “material support is not a viable offense to be charged before a military commission because it is not a law of war offense.”
However, Congress chose to ignore even the government’s appeals, and on November 13 last year, Attorney General Eric Holder announced that five men previously put forward for trial by Military Commission under President Bush — Omar Khadr, Abd al-Rahim al-Nashiri, Ibrahim al-Qosi, Ahmed al-Darbi and Noor Uthman Muhammed — would face what was the United States’ second or third attempt to secure convictions through trials by Military Commission.
Reprehensible excuses for proceeding with the trial of Omar Khadr
As a result, it was somewhat disingenuous of the administration to bleat to the New York Times, via anonymous officials, that the first full trial under the revamped system, that of Omar Khadr, was “undermining their broader effort to showcase reforms that they say have made military commissions fair and just.”
International and domestic concerns about proposals to put Khadr forward for a war crimes trial have been voiced since he was first put forward for a trial in November 2005, primarily because the Canadian citizen was just 15 when he was seized after a firefight in Afghanistan in July 2002, but also because of widespread recognition that a line had been crossed by the government in claiming that his alleged crime — throwing a grenade that killed a US soldier — was a war crime.
Given that the Obama administration chose to ignore both of these criticisms in proceeding with Khadr’s trial, the complaint aired to the Times by anonymous officials — that “No one intended the Khadr case to be the first trial under the revamped system,” as Charlie Savage described it — is frankly reprehensible, as it involves the explicit recognition that the entire trial is unacceptable, and would only be acceptable if it could have been hidden behind the coat tails of a more prominent case — one, for example, that involved recognizable allegations of terrorism.
Attempts to mitigate this uncomfortable truth were also made by the officials who spoke to the Times, but largely without success. The officials explained that they were unsure if offering a new plea deal to Khadr to stop his trial from taking place would constitute “unlawful command influence,” which is prohibited in the Commissions’ rules. Khadr had previously been offered a plea deal, which he refused, and as Charlie Savage explained, “Administration officials have discussed whether senior civilian leaders at the Pentagon or elsewhere could get involved, helping to revive plea negotiations,” or even whether they could direct Vice Adm. Bruce MacDonald (the Commissions’ convening authority, who is responsible for approving all charges and sentences) to “make a more attractive offer.”
What worried them, they explained, was the prohibition on “unlawful command influence” — defined as any attempt “to coerce, or, by any unauthorized means, influence” the actions of prosecutors or the convening authority. Charlie Savage added, “Officials are debating what that means,” but this purported reticence was disputed by Col. Morris Davis, the Commissions’ former chief prosecutor, who suggested the provision to lawmakers in 2006. Col. Davis resigned in October 2007 after he was placed in chain of command under the Pentagon’s General Counsel William J. Haynes II, who aimed to use information derived through the use of torture, against Col. Davis’ own refusal to countenance the use of such material, and he told the Times that he “believe[d] the provision was not meant to bar pressure to sweeten a plea offer,” telling Charlie Savage, “It’s clearly not ‘command influence’ to do something favorable to the accused. The whole concept was the opposite of that.”
Paralysis in the case of Abd al-Rahim al-Nashiri
Ironically, at the same time that these poor excuses were being made in Omar Khadr’s case, the Washington Post revealed that, in the case of a genuine terrorist suspect, Abd al-Rahim al-Nashiri, the alleged mastermind of the bombing of the USS Cole in October 2000, “no charges are either pending or contemplated with respect to al-Nashiri in the near future.” As the Post explained, “The statement, tucked into a motion to dismiss a petition by Nashiri’s attorneys, suggests that the prospect of further military trials for detainees held at Guantánamo Bay, Cuba, has all but ground to a halt.”
Although the Pentagon disputed the statement, claiming that “Prosecutors in the Office of Military Commissions are actively investigating the case against Mr. al-Nashiri and are developing charges against him,” and the Post spoke to military officials who said that “a team of prosecutors in the Nashiri case has been ready go to trial for some time,” one military official seemed to cut through this waffle by stating, “It’s politics at this point.” As the Post described it, “He said he thinks the administration does not want to proceed against a high-value detainee without some prospect of civilian trials for other major figures at Guantánamo Bay.”
This was a reference to Khalid Sheikh Mohammed and four other “high-value detainees” accused of involvement in the 9/11 attacks, whose proposed federal court trials were announced on the same day last November that Eric Holder announced the resumption of trials by Military Commission against Omar Khadr, Abd al-Rahim al-Nashiri and the three others mentioned above. At the time, critical attention focused on the three-tier justice system that Holder’s announcement enshrined, with federal court trials for some prisoners, trials by Military Commission for others, and, as the administration also conceded, indefinite detention without charge or trial for others.
This was rightly lambasted as a travesty of justice, which involved different processes depending on what the administration had gauged to be its level of potential success, and it was not offset by Eric Holder’s claim that, in al-Nashiri’s case, for, example, “With regard to the Cole bombing, that was an attack on a United States warship, and that, I think, is appropriately placed into the military commission setting.” As last week’s Post article made clear, it was more probable that a Military Commission was chosen for al-Nashiri because the prosecution was “expected to rely heavily on statements made to the FBI by two Yemenis who allegedly implicated Nashiri,” and who, unlike in federal court, would not be required to testify, and also, of course, because, as one of three “high-value detainees” subjected to waterboarding — and threatened with a gun and a power drill — al-Nashiri’s own statements would probably be inadmissible as evidence.
Overall paralysis
Ten months on, however, with federal court trials for the alleged 9/11 co-conspirators still in doubt, after a successful backlash that has thrown the administration into paralysis, and with the latest news about the Commissions indicating that they too have “all but ground to a halt,” it is, sadly, clear that the word “paralysis” now defines the Obama administration’s overall response to Guantánamo.
Of the remaining 176 prisoners, only 35, at present, are destined for new homes, after being cleared for release by President Obama’s interagency Guantánamo Review Task Force, and the rest — 58 Yemenis also cleared for release, but still held because of President Obama’s January moratorium on releasing any more Yemenis, the 35 prisoners supposedly scheduled to face trials, and the 48 designated for indefinite detention without charge or trial — are stuck in a limbo of political paralysis that is unlikely to be lifted before the mid-term elections, and that may be impossible to remedy after the elections if the balance of power in Congress shifts away from the Democrats.
Political maneuvering and pragmatism has played a major role in this, as has unprincipled scaremongering from Republicans and members of Obama’s own party, but the result — no trials, few releases and that dominant mood of paralysis — is a poor reflection on the administration, on lawmakers of both parties, and of America in general, because the failure to bring genuine terrorist suspects to justice, to release prisoners who do not constitute a threat, and to close Guantánamo once and for all is nothing to celebrate.
Israel; Asset or Liability?
By Chas Freeman | July 20, 2010
Is Israel a strategic asset or liability for the United States? Interesting question. We must thank the Nixon Center for asking it. In my view, there are many reasons for Americans to wish the Jewish state well. Under current circumstances, strategic advantage for the United States is not one of them. If we were to reverse the question, however, and to ask whether the United States is a strategic asset or liability for Israel, there would be no doubt about the answer.
American taxpayers fund between 20 and 25 percent of Israel’s defense budget (depending on how you calculate this). Twenty-six percent of the $3 billion in military aid we grant to the Jewish state each year is spent in Israel on Israeli defense products. Uniquely, Israeli companies are treated like American companies for purposes of U.S. defense procurement. Thanks to congressional earmarks, we also often pay half the costs of special Israeli research and development projects, even when – as in the case of defense against very short-range unguided missiles — the technology being developed is essentially irrelevant to our own military requirements. In short, in many ways, American taxpayers fund jobs in Israel’s military industries that could have gone to our own workers and companies. Meanwhile, Israel gets pretty much whatever it wants in terms of our top-of-the-line weapons systems, and we pick up the tab.
Identifiable U.S. government subsidies to Israel total over $140 billion since 1949. This makes Israel by far the largest recipient of American giveaways since World War II. The total would be much higher if aid to Egypt, Jordan, Lebanon, and support for Palestinians in refugee camps and the occupied territories were included. These programs have complex purposes but are justified in large measure in terms of their contribution to the security of the Jewish state.
Per capita income in Israel is now about $37,000 — on a par with the UK. Israel is nonetheless the largest recipient of U.S. foreign assistance, accounting for well over a fifth of it. Annual U.S. government transfers run at well over $500 per Israeli, not counting the costs of tax breaks for private donations and loans that aren’t available to any other foreign country.
These military and economic benefits are not the end of the story. The American government also works hard to shield Israel from the international political and legal consequences of its policies and actions in the occupied territories, against its neighbors, or – most recently – on the high seas. The nearly 40 vetoes the United States has cast to protect Israel in the UN Security Council are the tip of iceberg. We have blocked a vastly larger number of potentially damaging reactions to Israeli behavior by the international community. The political costs to the United States internationally of having to spend our political capital in this way are huge.
Where Israel has no diplomatic relations, U.S. diplomats routinely make its case for it. As I know from personal experience (having been thanked by the then Government of Israel for my successful efforts on Israel’s behalf in Africa), the U.S. government has been a consistent promoter and often the funder of various forms of Israeli programs of cooperation with other countries. It matters also that America – along with a very few other countries – has remained morally committed to the Jewish experiment with a state in the Middle East. Many more Jews live in America than in Israel. Resolute American support should be an important offset to the disquiet about current trends that has led over 20 percent of Israelis to emigrate, many of them to the United States, where Jews enjoy unprecedented security and prosperity.
Clearly, Israel gets a great deal from us. Yet it’s pretty much taboo in the United States to ask what’s in it for Americans. I can’t imagine why. Still, the question I’ve been asked to address today is just that: what’s in it — and not in it — for us to do all these things for Israel.
We need to begin by recognizing that our relationship with Israel has never been driven by strategic reasoning. It began with President Truman overruling his strategic and military advisers in deference to personal sentiment and political expediency. We had an arms embargo on Israel until Lyndon Johnson dropped it in 1964 in explicit return for Jewish financial support for his campaign against Barry Goldwater. In 1973, for reasons peculiar to the Cold War, we had to come to the rescue of Israel as it battled Egypt. The resulting Arab oil embargo cost us dearly. And then there’s all the time we’ve put into the perpetually ineffectual and now long defunct “peace process.”
Still the US-Israel relationship has had strategic consequences… Some substantial portion of the many lives and the trillions of dollars we have so far expended in our escalating conflict with the Islamic world must be apportioned to the costs of our relationship with Israel.
It’s useful to recall what we generally expect allies and strategic partners to do for us. In Europe, Asia, and elsewhere in the Middle East, they provide bases and support the projection of American power beyond their borders. They join us on the battlefield in places like Kuwait and Afghanistan or underwrite the costs of our military operations. They help recruit others to our coalitions. They coordinate their foreign aid with ours. Many defray the costs of our use of their facilities with “host nation support” that reduces the costs of our military operations from and through their territory. They store weapons for our troops’, rather than their own troops’ use. They pay cash for the weapons we transfer to them.
Israel does none of these things and shows no interest in doing them. Perhaps it can’t. It is so estranged from everyone else in the Middle East that no neighboring country will accept flight plans that originate in or transit it. Israel is therefore useless in terms of support for American power projection. It has no allies other than us. It has developed no friends. Israeli participation in our military operations would preclude the cooperation of many others. Meanwhile, Israel has become accustomed to living on the American military dole. The notion that Israeli taxpayers might help defray the expense of U.S. military or foreign assistance operations, even those undertaken at Israel’s behest, would be greeted with astonishment in Israel and incredulity on Capitol Hill.
Military aid to Israel is sometimes justified by the notion of Israel as a test bed for new weapons systems and operational concepts. But no one can identify a program of military R & D in Israel that was initially proposed y our men and women in uniform. All originated with Israel or members of Congress acting on its behalf. Moreover, what Israel makes it sells not just to the United States but to China, India, and other major arms markets. It feels no obligation to take U.S. interests into account when it transfers weapons and technology to third countries and does so only under duress.
Meanwhile, it’s been decades since Israel’s air force faced another in the air. It has come to specialize in bombing civilian infrastructure and militias with no air defenses. There is not much for the U.S. Air Force to learn from that. Similarly, the Israeli navy confronts no real naval threat. Its experience in interdicting infiltrators, fishermen, and humanitarian aid flotillas is not a model for the U.S. Navy to study. Israel’s army, however, has had lessons to impart. Now in its fifth decade of occupation duty, it has developed techniques of pacification, interrogation, assassination, and drone attack that inspired U.S. operations in Fallujah, Abu Ghraib, Somalia, Yemen, and Waziristan. Recently, Israel has begun to deploy various forms of remote-controlled robotic guns. These enable operatives at far-away video screens summarily to execute anyone they view as suspicious. Such risk-free means of culling hostile populations could conceivably come in handy in some future American military operation, but I hope not. I have a lot of trouble squaring the philosophy they embody with the values Americans traditionally aspired to exemplify.
It is sometimes said that, to its credit, Israel does not ask the United States to fight its battles for it; it just wants the money and weapons to fight them on its own. Leave aside the question of whether Israel’s battles are or should also be America’s. It is no longer true that Israel does not ask us to fight for it. The fact that prominent American apologists for Israel were the most energetic promoters of the U.S. invasion of Iraq does not, of course, prove that Israel was the instigator of that grievous misadventure. But the very same people are now urging an American military assault on Iran explicitly to protect Israel and to preserve its nuclear monopoly in the Middle East. Their advocacy is fully coordinated with the Government of Israel. No one in the region wants a nuclear-armed Iran, but Israel is the only country pressing Americans to go to war over this.
Finally, the need to protect Israel from mounting international indignation about its behavior continues to do grave damage to our global and regional standing. It has severely impaired our ties with the world’s 1.6 billion Muslims. These costs to our international influence, credibility, and leadership are, I think, far more serious than the economic and other burdens of the relationship.
Against this background, it’s remarkable that something as fatuous as the notion of Israel as a strategic asset could have become the unchallengeable conventional wisdom in the United States. Perhaps it’s just that as someone once said: “people … will more easily fall victim to a big lie than a small one.” Be that as it may, the United States and Israel have a lot invested in our relationship. Basing our cooperation on a thesis and narratives that will not withstand scrutiny is dangerous. It is especially risky in the context of current fiscal pressures in the United States. These seem certain soon to force major revisions of both current levels of American defense spending and global strategy, in the Middle East as well as elsewhere. They also place federally-funded programs in Israel in direct competition with similar programs here at home. To flourish over the long term, Israel’s relations with the United States need to be grounded in reality, not myth, and in peace, not war.

