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Israel Can’t Force-feed Occupation to Those Who Hunger for Freedom

By Jonathan Cook | Dissident Voice | June 24, 2014

For more than a month Israel sought to wriggle off a hook that should have snared it from the start. Two children, 17 and 16, were shot dead during Nakba Day protests near Ramallah, in which youths threw stones ineffectually at well-protected and distant Israeli military positions.

Hundreds of Palestinian children have lost their lives over the years at the end of a sharpshooter’s sights, but the deaths of Nadim Nuwara and Mohammed Abu Al Thahir in Beitunia were not easily forgotten. Israel was quickly cornered by an accumulation of physical and visual evidence.

Israel’s usual denials – the deaths were faked, video footage was doctored, Israeli soldiers were not responsible, the youths provoked the soldiers, no live ammunition was used – have been discredited one by one. Slowly Israel conceded responsibility, if only by falling into a grudging silence.

A CCTV camera mounted on the outer wall of a carpentry shop provided the most damning evidence: it captured the moments when the two unarmed boys were each hit with a live round, in one case as the youth can be seen walking away from the protest area.

But rather than come to terms with the world as it now is, Israel wants to preserve the way it once was. It believes that through force of will it can keep the tide of accountability at bay in the occupied territories.

There has been no admission of guilt, no search for the guilty soldiers and no reassessment of its policies on crowd control or the use of live fire – let alone on the continuation of the occupation. Instead, 20 soldiers arrived last week at the store in Beitunia, threatened to burn it down, arrested the owner, Fakher Zayed, and ordered he remove the camera that caused so much embarrassment.

According to Israel, the fault lies not with a society where teenage soldiers can choose to swat a Palestinian child as casually as a fly. The problem is with a Palestinian storekeeper, who assumed he could join the modern world.

The nostalgia for a “golden era” of occupation was evident, too, last week in a policy change. Israel has rounded up hundreds of Palestinians in the hunt for three Israeli teenagers missing since June 12. Palestinian cities like Hebron have been under lockdown for days, and several Palestinians youths killed, while soldiers scour the West Bank.

But with the search proving fruitless, Israel’s attorney general approved the reintroduction of the notorious “ticking bomb” procedure.

In doing so, he turned the clock back 15 years to a time when Israel routinely used torture against prisoners. Israel may not have been alone then in using torture, but it was exceptional in flaunting its torture dungeons alongside claims to democratic conduct.

Only in 1999 did the country’s supreme court severely limit the practice, allowing interrogators one exemption – a suspect could be tortured only if he was a ticking bomb, hiding information of an attack whose immediate extraction could save lives.

Now Israel’s law chief has agreed that the Palestinian politicians, journalists and activists swept up in the latest mass arrests will be treated as “ticking bombs”. Israel’s torture cells are back in business.

Israelis have been lulled into a false sense of security by the promise of endless and simple technical solutions to the ever-mounting problems caused by the occupation.

This week, Israel’s prime minister, Benjamin Netanyahu, hoped to find another “fix” for Palestinians who refuse to remain supine in the face of their oppression.

Netanyahu is racing through a law to force-feed more than 100 Palestinian prisoners who are two months’ into a hunger strike. The inmates demand that Israel end the common practice of holding prisoners for months and sometimes years without charge, in what is blandly termed “administrative detention”.

Such prisoners, ignorant of their offence, are unable to mount a defence. And as it becomes ever clearer to Palestinian society that Israel is never going to concede Palestinian statehood, things that were once barely tolerated are now seen as unendurable.

Last week, the heads of the World Medical Association urged Israel to halt the legislation, which in a double bill of compulsion will require doctors to sedate and force-feed prisoners to break their hunger strike.

The WMA called the practice “tantamount to torture”. The legislation violates not only the autonomy of the prisoners but the oaths taken by the doctors to work for their patients’ benefit.

The liberal Haaretz newspaper warned that Israel was rushing headlong towards “a new abyss in terms of human rights violations”. And all this to prevent reality pricking the Israeli conscience: that Palestinians would rather risk death than endure the constant indignities of a life under belligerent occupation.

Israelis have yet to realise the dam is soon to burst. They still believe a technical fix is the way to solve ethical dilemmas continuously thrown up by the longest occupation in modern times.

Israel’s technical solutions work to an extent. They confine Palestinians to ever smaller spaces: the prison of Gaza, the city under lockdown, the torture cell, or the doctor’s surgery where a feeding tube can be inserted.

But the craving for self-determination and dignity are more than technical problems. You cannot force-feed a people to still their hunger for freedom.

Belligerent occupations – especially ones where no hope or end is in sight – engender evermore creative and costly forms of resistance, as the hunger strike demonstrates. A physical act of resistance can be temporarily foiled. But the spirit behind it cannot be so easily subdued.

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Jonathan Cook, based in Nazareth, Israel is a winner of the Martha Gellhorn Special Prize for Journalism. His latest books are Israel and the Clash of Civilisations: Iraq, Iran and the Plan to Remake the Middle East (Pluto Press) and Disappearing Palestine: Israel’s Experiments in Human Despair (Zed Books).

June 24, 2014 Posted by | Deception, Ethnic Cleansing, Racism, Zionism, Subjugation - Torture | , | Leave a comment

Palestinian prisoners assaulted before being detained

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Ma’an – 24/06/2014

RAMALLAH – A Palestinian Prisoner’s Society lawyer reported Monday from Palestinian detainees at Etzion detention center that many of them were assaulted and beaten before they were detained.

Prisoner Faraj Ghaith, 57, told the lawyer that three settlers raided his house, assaulted him and his family before the Israeli police detained him and his two sons Ahmad and Omar.

Ghaith lives near the Israeli settlement of Kiryat Arbaa.

Jaclyn Fararjeh said that bruises were still clear on the prisoners’ bodies.

Prisoner Ashraf al-Jaaidi, 30, from Bethlehem, said that he threw up blood since he was detained, and that he was beaten with butts of the riffles when he was detained from his house in Duheisha refugee camp last Friday.

Farajeh highlighted that al-Jaaidi requested to be examined by a doctor but the prison service refused.

PPS’ lawyer Fararjeh visited prisoners Yasser Banat, Muhammad al-Hreini, Taha al-Hur, Bassam al-Natsheh, Ismail Jabariya, Muath Muhammad, Rabee Izriqat, Issa Shalaldeh, Yahya al-Huroub, Munthir al-Shurouf, Youssif Tartour, Tariq Gharib, Muhammad Hmeideh, Youssif Awawdeh and Murad Abu Muhye.

June 24, 2014 Posted by | Ethnic Cleansing, Racism, Zionism, Subjugation - Torture | , , | Leave a comment

Missing Israeli settlers: Al Jazeera English’s distorted reporting

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By Orouba Othman | Al-Akhbar | June 23, 2014

Gaza – Al Jazeera English’s reporting on the missing Israeli settlers was not naive and it is rather impossible to classify it as part of the rhetoric of neutrality and objective reporting on the Palestinian-Israeli conflict.

It is simply deliberate coverage that targets the Palestinians’ presence on their own land and their just cause, while giving leverage to the “perseverance” of the Israeli society living in a jungle of “barbaric” Palestinians. Al Jazeera English correspondent Jane Ferguson started her report a few days ago by focusing on the feelings of Israelis and specifically their shock following the [alleged] capture of three Israelis about 10 days ago.

This shock, of course, did not not originate from the Palestinians’ right to face their enemies, but was ignited due to the Palestinians’ insensitivity, which was displayed through their “kidnapping of three teenagers” who could be robbed of their lives with a fatal bullet, or rather “a deceiving” bullet in the words of the Qatari channel.

Certainly, all the misery the Palestinians have suffered for 66 years at the hands of those expressing their shock is insignificant. Today, the only thing that matters is the sorrow of the Israeli people. Ferguson began her report with images of a tent erected by residents of Nof Ayalon village to pray for the safe return of Naftali Fraenkel, a town native and one of the three [allegedly] kidnapped individuals.

Ferguson did not miss the opportunity to remind viewers that the three Israelis (Naftali Frenkel, Gil-ad Shaer and Eyal Yifrach) were teenagers, further seeking the viewers’ compassion by stating that they were all under the age of 19. The reporter did not stop there, but gave Fraenkel’s aunt a platform to express her feelings on air, saying “I am still in shock, it is hitting me repeatedly, Fraenkel went to school and didn’t come back. It is really difficult, and the whole family is crushed.”

The correspondent’s report does not mention neither the suffering of over 5,700 Palestinians held in the occupation’s prisons, nor the fact that four of those prisoners died under physical and psychological torture in the past year.

“Not only in this small village are people waiting anxiously to hear news about the missing teenagers, but across the entire nation, everyone is gripped by this story,” Ferguson commented in her report, adding that Israeli channels have been in the village for days to cover the incident.

The scene displaying solidarity with the town’s locals is later taken off screen to be replaced with images of a street populated by Israeli settlers. The channel then sheds light on the challenges faced by Israelis to strengthen their “perseverance” on a land that is not theirs, saying that they are not scared and that they are going on with their lives as usual.

To give more credibility to her short analysis, Ferguson gives a female settler the opportunity to explain whether or not the “kidnapping incident” had negatively affected her life. The settler confirms Ferguson’s view by saying, “there is nothing to be afraid of. If there was a bombing on a bus, does it means we should not catch buses? This is the same for me, this is our lifestyle.”

The reporter seemed to have forgotten how Palestinians resist death and how much they love life even though they are besieged by their enemy’s weapons from the front, its tanks from behind and its planes from above.

Perhaps, Palestinian viewers would have better received the report if Ferguson had also visited towns and refugee camps in the West Bank, and had broadcast live images of the arrest campaigns and the raids on Palestinian homes, as well as Israel’s policy of systematic killing, as reflected by the fact that four Palestinians have already been killed since the beginning of the operation.

Meanwhile, Al Jazeera English’s Gaza correspondent Charles Stratford started his report by linking the operation in Hebron to the Gaza Strip by showing two Palestinian boys from Gaza training on how to use weapons and participate in combat missions at a camp affiliated to Hamas.

Stratford then commented that “these are the children of people who believe, like the majority of Gaza residents, that Hamas represents the future of Palestine and is a part of the unity government rejected by Israel.”

The correspondent sought to differentiate between “terrorist” boys following Hamas’ path and other “innocents” that fall in the hands of the group that is training droves of “terrorists.”

The English-language Qatari channel claims to have been launched to change the stereotype about the Middle East. However, today it has become another burden on Palestinians, promoting the Israeli side of the story in the West while disregarding the real narrative.

June 24, 2014 Posted by | Deception, Ethnic Cleansing, Racism, Zionism, Mainstream Media, Warmongering | , , | 1 Comment

Is Israel’s ongoing terror campaign punishment for Palestinian unity?

By Chloé Benoist | Al-Akhbar | June 23, 2014

As Israel continues its crackdown on the West Bank in the wake of three Israeli teenagers’ disappearance, the unrestrained violence of the occupying forces has seemingly developed into retribution for the recent establishment of a Palestinian unity government.

In the 11 days since the three Israeli settlers went missing while hitchhiking near the illegal Zionist settlement bloc of Gush Etzion in the West Bank, Palestinians have paid a heavy toll as the Israeli manhunt quickly turned into collective punishment.

Israel Occupation Forces (IOF) have searched countless Palestinian homes, media offices and schools in extensive raids, confiscating universities’ computers, destroying furniture, firing tear gas and live bullets at protesting civilians, a move seemingly more intent on furthering the control of the Palestinian population than finding the Israeli teenagers.

At least 471 Palestinians have been arrested since June 12. At least 75 of those arrested are former prisoners who had been released in a 2011 prisoner swap, according to the Palestinian Authority’s former Minister of Prisoner Affairs Issa Qaraqe.

“Resentencing prisoners who were released in the [2011 Gilad] Shalit deal is a form of immoral and illegal revenge, an offense to Egypt who sponsored the deal, and collective punishment that is against the human and legal rights of prisoners,” he said on Saturday.

He added that 241 Palestinian minors were now locked up in Israeli jails, 45 more than in May according to statistics by prisoners’ rights NGO Addameer.

The prisoners have been placed in administrative detention, a practice whose excessive use by Israel has been denounced as being illegal under international law by rights groups. Israel has imposed a tight blockade on Hebron, and a curfew on the northern West Bank city of Nablus.

Meanwhile, the Gaza Strip has sustained nightly air raids for the past week. The already isolated enclave has been subjected to an even more stringent siege, as an Israeli Defense Ministry statement on June 15 declared that the Erez crossing would be limited to humanitarian cases, while only fuel would be allowed in through the southern goods crossing.

Operation “Brother’s Keeper” keeps claiming Palestinian lives

At least five Palestinians have died during Israeli military operations in the West Bank since June 12. All available information indicates that the victims were unrelated to the disappearance of Gilad Shaer, Eyal Ifrach and Naftali Frenkel.

The first casualty was Ahmad Arafat Sabarin, who was shot dead on Monday during a military raid in the Jalazoun refugee camp north of Ramallah. He was 19 years old.

mohammadjihaddoudin.newsalertphoto1.20june2014On Friday, 14-year-old Mohammed Jihad Dudin was shot in the chest with live bullets in an Israeli raid on the village of Dura, near Hebron. Photos of Dudin show a skinny, smiling child.

In Nablus, Jamil Ali Abed Jaber, 60, died of a heart attack as Israeli troops searched his house on Saturday. Palestinian security sources reported that Abed Jaber’s family was prevented from taking him to the hospital, leading him to die inside his home.

Early on Sunday June 22, Israeli troops in Ein Beit al-Mai refugee camp in western Nablus shot dead 36-year-old Ahmad Fahnawi, who was on his way to morning prayers as clashes were taking place. Eyewitnesses told Ma’an news agency that a soldier shot Fahnawi several times from point-blank range.

The Israeli army confirmed firing at a “suspect,” claiming he had approached troops “in a threatening manner.” However, Fahnawi’s family told AFP that he suffered from mental health problems.

Israeli troops also killed 30-year-old Mohammed Mahmoud Atallah Tarifi on Sunday during a crackdown in central Ramallah, Palestinian medics reported.

An untold number of Palestinians have been injured so far in Operation “Brother’s Keeper.”

International and Arab silence

Most of the Israeli public was quick to support the army’s actions in the West Bank. The hashtag “BringBackOurBoys” rapidly made the rounds on Twitter, a move criticized by some as an insensitive appropriation of the #BringBackOurGirls campaign in Nigeria, where over 200 girls are still held captive by Boko Haram.

Meanwhile, a Facebook page titled “Until the boys are back, every hour we shoot a terrorist” has accumulated more than 20,700 likes since its creation on June 13. The page vocally supports widespread violence against Palestinians as ‘punishment’ for the disappearance of the three Israelis.

While several rights groups have condemned Israel’s violent policies and rhetoric, a significant portion of the international community has come out in support of Israel’s ‘search’ for the teenagers, justifying the Zionist state’s military actions without addressing their impact on Palestinians.

“The European Union has called for the immediate and unconditional release of these three boys – it is, frankly, despicable that children’s lives should be put in danger in this way,” EU Ambassador to Israel Lars Faaborg-Andersen said on Tuesday, referring only to Israeli children.

“Israeli suffering has to be understood,” the mayor of Buenos Aires, Mauricio Macri, said during a conference on Wednesday with 19 other world mayors standing in support of Israel.

While there has been no shortage of lamentations about Israelis’ shared pain over the missing teens, the international community has remained silent about the plight of Palestinians. Even supposedly pro-Palestinian Arab countries have so far failed to condemn the Israeli raids or express condolences for the loss of Palestinian lives.

The Palestinian Authority’s collaboration with Israel

Almost as soon as the three settlers went missing, Israeli Prime Minister Benjamin Netanyahu accused Hamas of being behind their disappearance, a charge Hamas dismissed immediately.

“Our young people have been kidnapped by a terror organization… there is no doubt about that,” Netanyahu told reporters in Tel Aviv on June 14.

The Israeli government has yet to provide any proof of its claims. On Tuesday, a spokesperson for United Nations leader Ban Ki-Moon, Farhan Haq, said that the UN had “no information to confirm an abduction.” This statement was quickly denounced by Israel as “out of touch, out of line and out of time.”

Downplaying the crackdown as “friction,” Netanyahu said on Sunday that evidence of Hamas’ involvement would be made public “soon,” the Jerusalem Post reported.

Meanwhile, the Israeli government has dismissed Palestinian casualties as a consequence of “necessary” Israeli “self-defense.”

Netanyahu has also targeted Palestinian Authority (PA) President Mahmoud Abbas, holding him responsible despite the latter’s swiftness in condemning the alleged kidnapping.

The Israeli premier’s hostility towards the PA is all the more incomprehensible given the Palestinian Authority’s ongoing security coordination with Israel.

Palestinian police have worked with Israel intermittently since the Oslo Accords, but the security arrangement has been strengthened since Abbas came to power in 2005.

Palestinians have long been angered by the PA’s collaboration with the IOF, and Operation “Brother’s Keeper” has only exacerbated the perception of PA security acting as agents for Israel. Witnesses have seen PA forces arresting individuals in hospitals, and a demonstration by mothers of hunger striking prisoners on Friday was attacked by Palestinian police.

On Sunday night, PA security forces clashed with Palestinians protesting against their coordination with Israel. With support from the IOF, PA security shot in the direction of the crowd in Ramallah, injuring at least one person.

But it seems collaboration with Israeli brutality is not enough for Netanyahu.

“[Abbas’] words will not only be judged in terms of actions taken to bring the boys home, but also by his willingness to break up the unity government with Hamas,” he said.

Statements by IOF Chief of Staff Benny Gantz confirmed that undermining Hamas is a main goal of the Israeli military operation.

“We have a goal: to find these three boys and bring them home, and to damage Hamas as much as possible,” Gantz said on June 16.

The missing settlers: a pretext

Netanyahu’s demands support the idea that the ongoing brutal operation is not only intended to locate the three settlers, but to punish Palestinians after the recent reconciliation between Fatah and Hamas and to sabotage the newly-created unified Palestinian government.

In an interview with ultra-Orthodox news outlet Hadrei Haredim published on Thursday, an IOF officer revealed that parts of Operation “Brother’s Keeper” had been planned long before the teenagers went missing. Notably, he said that the Israeli army had already prepared for an operation in Jenin in which soldiers were to purposefully provoke residents into throwing stones, and then use the clashes as an excuse to kill Palestinians.

This disclosure — among other statements — backs the idea that Israel is knowingly creating an unlivable situation for Palestinians only to blame them for pushing back, perpetuating its myth of Palestinian aggression as it has many times before. Despite decades of occupation, Israel continues to frame Palestinian resistance as unprovoked aggression, breaches of international law as legitimate defense, and oppressors as victims.

These provocative Israeli tactics are not new. In 1976, then-Israeli Minister of Defense Moshe Dayan explained the 1967 military tactics to the New York Times:

”Along the Syria border there were no farms and no refugee camps — there was only the Syrian army… The kibbutzim saw the good agricultural land … and they dreamed about it… They didn’t even try to hide their greed for the land… We would send a tractor to plow some area where it wasn’t possible to do anything, in the demilitarized area, and knew in advance that the Syrians would start to shoot. If they didn’t shoot, we would tell the tractor to advance further, until in the end the Syrians would get annoyed and shoot. And then we would use artillery and later the air force also, and that’s how it was… The Syrians, on the fourth day of the war, were not a threat to us.”

Lebanon has similarly suffered from Israel using flimsy pretexts to push forward ulterior plans against its enemies.

The notion of Palestinian unity is a threat to Israel, and it will do anything in its power to weaken it. A unified Palestinian political front, having somewhat resolved its internal conflicts, could make a stronger claim for self-determination, a scenario that would further expose Israel’s unreasonable demands for “peace” and its divide and conquer strategies.

Israel, therefore, uses any pretext to try to stifle Palestinian aspirations, attempting to reduce an entire population’s existence to a question of mere survival.

Many Palestinians – adults and children alike – will continue to suffer as long as Israel is allowed to act unabated, using the undetermined fate of the three Israelis until it finds another excuse to continue its policy of repression, injustice and divisiveness.

June 24, 2014 Posted by | Deception, Ethnic Cleansing, Racism, Zionism, Timeless or most popular | , , | Leave a comment

Austria and Russia sign South Stream gas pipeline treaty

RT | June 24, 2014

Russia and Austria have agreed on a joint company to construct the Austrian arm of the $45 billion South Stream gas pipeline project, which is expected to deliver 32 billion cubic meters of Russian gas to the country, bypassing Ukraine.

At Tuesday’s meeting in Vienna, the creation of South Stream Austria was announced. The company will be 50 percent owned by Gazprom, Russia’s largest gas producer, and 50 percent by Austria’s OMV Group, the country’s largest oil and gas company.

Construction on the Austrian section is expected to begin in 2015 and that the first deliveries will start in 2017, reaching full capacity in January 2018.

OMV spokesman Robert Lechner was more optimistic, and said the first South Stream deliveries could come as early as 2016.

In April, Gazprom and the OMV Group signed a memorandum to implement the South Stream project in Austria.

At Tuesday’s meeting in Vienna, OMV CEO Gerhard Roiss said that South Stream fully complies with EU legislation.

“This project- investment in European energy security- will fully comply with EU legislation,” Roiss said, as quoted by ITAR-ITASS.

There has been controversy over South Stream, as is it needs EU approval so that it doesn’t violate Europe’s ‘Third Energy Package’, which says a company cannot both own and operate pipelines within the European Union.

Bulgaria and Serbia, countries nearly 100 percent dependent on Russian gas, have faced pressure from the EU to halt construction.

Ahead of Putin’s visit to Vienna, Austrian ministers said they remained committed to Russia’s South Stream project and that they plan to speed it up.

The geopolitical conflict in Ukraine has also complicated the South Stream project, as EU energy lobbying groups are campaigning against the project, to lessen Europe’s dependence on Russia.

“So far [Austria, Ed,] takes a very clear position, avoiding pressure from the European Commission and in general, public opinion in Europe that wants to halt or even stop the project. At the same time it [Austria, Ed] has enough political clout to promote this project. It’s not Bulgaria, which on its own cannot defend itself,” Fyodor Lukyanov, Chairman of Russia’s Council on Foreign and Defense Policy, said on Monday.

South Stream will deliver gas to Europe bypassing Ukraine, which is seen as an unreliable transit state.

After switching Ukraine to a prepayment system, Russia and Gazprom fear Ukraine will start to siphon gas supplies headed towards Europe, as the country did in 2006 and 2009. Miller worries Ukraine may resort to this tactic in winter, once it runs out of its underground storage supplies of natural gas.

“If Ukraine begins to siphon off gas, we will increase supplies via North Stream, and maximize the load through Yamal-Europe,” Aleksey Miller, CEO of Gazprom, said Tuesday in Vienna.

The 2,446 km pipeline will stretch across southern and central Europe and will transport over 64 billion cubic meters of natural gas to Europe per year.

Gazprom has said the project, estimated to cost $45 billion, can be completed without any funding from international partners.

Gazprom is Russia’s largest producer of natural gas and provides roughly one third of Europe’s gas needs.

The head of the Russian Duma’s International Affairs Committee, Aleksey Puskhov, wrote on Twitter on Tuesday that “Ukraine is in a long-term phase of unpredictability. Thus, South Stream is the only guarantee of uninterrupted gas supply to Europe.”

June 24, 2014 Posted by | Economics | , , , , | Leave a comment

So That’s Why They Kept the Drone Kill Memo Secret

By David Swanson | War is a Crime | June 23,2014

Now that the U.S. government has released parts of its We-Can-Kill-People-With-Drones memo, it’s hard to miss why it was kept secret until now.

Liberal professors and human rights groups and the United Nations were claiming an inability to know whether drone murders were legal or not because they hadn’t seen the memo that the White House said legalized them. Some may continue to claim that the redactions in the memo make judgment impossible.

I expect most, however, will now be willing to drop the pretense that ANY memo could possibly legalize murder.

Oh, and yall can stop telling me not to use the impolite term “murder” to describe the, you know, murders — since “murder” is precisely the term used by the no-longer secret memo.

The memo considers a section of the U.S. code dealing with the murder of a U.S. citizen by another U.S. citizen abroad, drawing on another section that defines murder as “the unlawful killing of a human being with malice aforethought.”

David Barron, the memo’s author, needed a loophole to make murder-by-missile a lawful killing rather than an unlawful killing, so he pulls out the “public authority justification” under which the government gets to use force to enforce a law.  It’s a novel twist, though, for the government to get to use force to violate the law, claiming the violation is legal on the Nixonian basis that it is the government doing it.

Alternatively, Barron suggests, a government gets to use force if doing so is part of a war. This, of course, ignores the U.N. Charter and the Kellogg Briand Pact and the illegality of wars, as well as the novelty of claiming that a war exists everywhere on earth forever and ever. (None of Barron’s arguments justify governmental murder on U.S. soil any less than off U.S. soil.)

In essence, Barron seems to argue, the people who wrote the laws were thinking about private citizens and terrorists, not the government (which, somehow, cannot be a terrorist), and therefore it’s OK for the government to violate the laws.

Then there’s the problem of Congressional authorization of war, or lack thereof, which Barron gets around by pretending that the Authorization for the Use of Military Force was as broad as the White House pretends rather than worded to allow targeting only those responsible for the 911 attacks.

Then there are the facts of the matter in the case of Anwar al Awlaki, who was targeted for murder prior in time to the actions that President Obama has claimed justified that targeting.

Then there are the facts in the other cases of U.S. killings of U.S. citizens, which aren’t even redacted, as they’re never considered.

Then there are the vastly more numerous killings of non-U.S. citizens, which the memo does not even attempt to excuse.

In the end, the memo admits that calling something a war isn’t good enough; the targeted victim has to have been an imminent threat to the United States. But who gets to decide whether he or she was that? Why, whoever does the killing of course.  And what happens if nobody ever even makes an unsupported assertion to that effect? Nothing, of course.

This is not the rule of law. This is savage brute force in minimal disguise.  I don’t want to see any more of these memos. I want to see the video footage of the drone murders on a television. I want to see law professors and revolving-door State Department / human rights group hacks argue that dead children fall under the public authority justification.

June 24, 2014 Posted by | Civil Liberties, Progressive Hypocrite, War Crimes | , , | Leave a comment

Putin asks Upper House to repeal decision allowing to use military force in Ukraine

RT | June 24, 2014
Russian President Vladimir Putin (RIA Novosti / Aleksey Nikolskyi)
Russian President Vladimir Putin (RIA Novosti / Aleksey Nikolskyi)

President Vladimir Putin has proposed that the upper house call off the March 1 resolution allowing the head of state to use the armed forces on the territory of Ukraine, said presidential press secretary Dmitry Peskov.

“Because of the beginning of the three-party talks to settle down the situation in the eastern parts of Ukraine, the head of state has addressed to the Federation Council to repeal the resolution on the use of Russian armed forces on the territory of Ukraine,” ITAR-TASS cited Peskov as saying.

The president sent an address to Federation Council Valentina Matvienko today morning, ahead of leaving on official visit to Vienna.

Deputy Head of the Federation Council’s International Committee Andrey Klimov confirmed the upper house will back Putin’s proposal and repeal the resolution on Wednesday, June 25.

The Federation Council’s resolution of March 1 agreed on the president‘s right to use military force on the territory of the neighboring Ukraine “until the normalization of the social and political situation in that country.”

The resolution was adopted following a presidential address demanding security be maintained “for citizens of the Russian Federation, our compatriots and personnel of the Russian contingent deployed in accordance with international agreements on the territory of the Autonomous Crimea Republic of Ukraine.”

The resolution was adopted in accordance of the first part of the Article 102 of the Constitution of the Russian Federation.

On Monday evening, the leader of the self-proclaimed Donetsk People’s Republic in eastern Ukraine agreed to a ceasefire in the region until 10am local time on Friday. He stressed that the self-defense force’s ceasefire will come only as a reciprocal move.

Earlier, Ukrainian President Petro Poroshenko laid out his plan to deescalate the conflict, announcing a unilateral ceasefire from June 20 until June 27, the day Kiev plans to sign the EU Association agreement. On Sunday he issued a warning, stating that he had an alternative “detailed plan” of regaining control over south-eastern Ukraine, should his current proposal for a truce fail to bring results.

Despite the “unilateral ceasefire” announced by Kiev the fighting in eastern Ukraine continued, and there have been clashes in some areas, the Lugansk People’s Republic said in a statement. It was reported that an artillery shell hit the roof of a kindergarten in Kramatorsk, partly destroying the building. At the same time, self-defense troops of the Donetsk People’s Republic targeted Ukrainian armed forces positions at Karachun Mountain, Itar-Tass reports.

June 24, 2014 Posted by | Militarism | , | Leave a comment

ISIS Iraq Offensive: Can the Empire Reassert Control of the Jihadists?

By Glen Ford | Black Agenda Report | June 17, 2014

The United States is considering whether to bomb ISIS, a jihadist Frankenstein of Washington’s own making, whose breathtaking offensive in northern Iraq threatens the survival of the Shiite-dominated regime. Many on the Left surmise that U.S. intelligence is the evil genius behind the ISIS-led Sunni seizure of Iraq’s second largest city, Mosul, and a string of population centers stretching towards Baghdad, as well as the Kurdish takeover of Kirkuk, the oil center on the edge of de-facto autonomous Kurdistan. However, such an assessment posits the U.S. and its European, Turkish, Israeli and monarchist Arab allies as masters of the universe, fully in charge, when in reality, they operate from a position of profound political and moral weakness in the region – which has led to dependence on jihadists. And, the jihadists know it.

It is true that the U.S. has been the great enabler of ISIS (the Islamic State in Iraq and Syria), its al Qaida-inspired rival Jabhat al-Nusra, and the smaller Islamist outfits that have been arrayed against the government of Syrian President Bashar al-Assad for the last three years. (As even the New York Times admits, all of the significant armed opposition in Syria consider themselves Islamist warriors of one kind or another.) But, too often, western leftists assume the jihadists are merely wind-me-up robots that can be pointed at designated targets, and then turned on or off or put on hold at the CIA’s whim, as if they have no ideology and agency of their own, but exist for the convenience of Empire.

In the real world, the U.S. can only point armed takfiris in directions they already want to go: at secular opponents like Muammar Gaddafi or a Shiite-dominated (Alawite) government in Damascus (and, in decades gone by, at atheistic Soviets in Afghanistan). But, when the means are available and the time is right, by their reckoning, they will pursue their own objectives, such as establishing a caliphate in Sunni areas of Iraq and Syria and waging endless war against Shiites wherever they find them – which is the Islamic State in Iraq and Syria’s reason for being. To assume, as some do, that the ISIS-led blitzkrieg in northern Iraq is part of a grand U.S. plan, is to dismiss jihadists as a genuine indigenous presence in the region, as well as to minimize country-wide Sunni grievances against the Shiite regime, which has called forth a kind of Sunni united front against Baghdad.

It also assumes the U.S. has decided it has no further use for a viable Iraqi state, with or without already semi-independent Kurdistan, and that Washington would rather create conditions that would risk further solidifying Shiite Iraq’s ties to Iran, thus creating an even larger oil giant outside the sphere of U.S. hegemony. It assumes that the U.S. would purposely create a situation in which it might be compelled to deal with Iran as an equal player in a zone of great economic and political importance – a prospect that looms, as we write.

There is no question that the United States, like the European colonizers, has often pursued a general strategy to break up states (whose boundaries they often imposed, in the first place), so as to better manipulate them, and that this was an active option for Washington in Iraq in the early years of occupation. However, this does not mean that miniaturizing states is the holy grail of imperialism, under all circumstances. The truth is, the U.S. got as good a deal as it could have expected in Iraq, under circumstances of defeat– which is why George Bush agreed to the principle of total withdrawal by the end of 2011. The U.S. hung on to influence in Iraq, through the corrupt and sectarian al-Maliki government, by the skin of its teeth. (Remember that there was significant Shiite sentiment to cut all ties to Washington, in the person and militia of Muqtada al-Sadr, who launched two uprisings and called for a common front with Sunnis against the American occupiers.) U.S. policymakers are not the brightest people in the world, but rolling the dice in Iraq – where ‘craps’ could leave the U.S. in a far worse position – is simply not worth the risk at this time.

Indeed, the ISIS offensive, in which all the jihadist savageries of Syria (and Libya before it) are replayed in yet another theater of U.S.-subsidized war, presents such grave contradictions for U.S. policy in Syria as to hasten its collapse on that front.

How can the U.S. bomb ISIS jihadists in Iraq and not bomb them in Syria (along with al-Qaida affiliate Jabhat al-Nusra, and all the other takfiris, now that the Free Syrian Army mirage has vanished)?

As a superpower, the U.S. always has options (“all options are on the table”), but that doesn’t mean any of them are good – and it certainly does not mean that every desperate option that Washington avails itself of is part of the grand plan. The U.S. has relied on jihadists in the region, especially since the so-called Arab Spring, not because it wanted to, but because they were the only foot soldiers available to reassert Euro-American and Gulf potentates’ power. Without the jihadists, the imperialists could only bomb Gaddafi and sanction Assad – but on behalf of whom? An armed “opposition” had to be created on the ground, which only the Salafists could effectively provide. The wholesale unleashing of the jihadist dogs of war was a sign of profound imperial weakness in the Arab world, where the U.S. is hated with a kinetic intensity and the monarchs shiver at the thought of what their own people would like to do to them – and what the jihadists will do to them, if the young warriors are not exported and kept busy.

Thirty-five years ago, the U.S. and Saudi Arabia, in collaboration with Pakistan, spent billions to create an international jihadist network that had not previously existed, to bedevil the Soviets in Afghanistan. The U.S. did not invent Salafists, Wahhabism and takfiris; they are indigenous to various Muslim cultures. However, their incorporation into the imperialist armory gave this most reactionary brand of Islamic fundamentalism a global presence, capability and vision. It behaves like a form of nationalism – much like the old, secular Arab nationalism of the Fifties and Sixties, only from the Muslim Right. No respecter of borders, it seeks to unite, protect and wage war on behalf of, the “Ummah” – the “community” or “nation” of believers. As a nationalist-like current, it is inherently incompatible with U.S.-led imperialism, and will also inevitably turn on the paymasters in the obscenely corrupt Gulf monarchies. (The half a billion dollars ISIS seized from Mosul banks will surely hasten the process.)

The jihadists cannot be controlled by their imperial enablers – as the U.S. ambassador to Libya learned, in his last moments – not reliably, in the short term, and not at all in the long term. The contradictions of the relationship are now acute, the unraveling has begun, and the U.S. has no substitute for the services the jihadists provided to Empire.

So, yes, the ISIS-led offensive in Iraq is a horrific crisis for the peoples of the region, another descent into Hell. But it is also a crisis for U.S. imperialism, whose options diminish by the day.

Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.

June 23, 2014 Posted by | Timeless or most popular | , , , , | 1 Comment

The Soaring Profits of the Military – Industrial Complex And the Soaring Costs of Military Casualties

By James Petras :: 06.21.2014

Introduction

The launch of two major wars by the US government had two major beneficiaries, one domestic and one foreign. The three major weapons manufacturers, Lockheed Martin (LMT), Northrop Grumman (NOG) and Raytheon (RTN) have delivered record-shattering returns to investors, CEOs and investment banks during the past decade and a half.

The Israeli regime has expanded its territory and increased its power and influence in the Middle East. Israel’s territorial dispossession of Palestinians, was aided and abetted by the US invasion and destruction of the Palestinian’s Iraqi allies. Washington destroyed Iraq’s armed forces and fragmented its society and state.

The cost in US physical and mental casualties runs in the hundreds of thousands of soldiers who at one time served in the war zones. The financial costs run in the trillions of dollars and counting. Both the military-industrial complex and the pro-Israel power configuration continue to wield a major role in keeping Washington on a wartime footing.

For the weapons manufactures there are no peaceful economic activities that can yield a comparable return – hence the need to continue to pressure for new wars to sustain weapons spending. For the pro-Israel power configuration, peace agreements would put an end to land grabs, reduce or curtail new weapons transfers and undermine pretexts to sanction or bomb countries (like Iran) opposing Tel Aviv’s vision of “Greater Israel”.

Yet the political and financial costs of almost a decade and a half of warfare weigh heavily on the US Treasury and electorate. The wars themselves were dismal failures if not outright defeats. New conflicts have emerged in Syria, Iraq and the Ukraine in which the military-industrial complex and the pro-Israel lobbies hope to capitalize for profits and power.

Yet the cumulative costs of past and continuing wars hangs over the launch of new costly military interventions. Political discontent among the US public with past wars also weighs heavily against new wars for profits and Israel.

War Profits

The power and influence of the military-industrial complex in promoting serial wars is evident in the extraordinary rates of return over the past fifty years. Stocks in military-industries have risen 27,699% versus 6,777% for the broad market according to a recent study by Morgan Stanley (cited in Barron’s, 6/9/14, p. 19). Over the past three years, Raytheon has returned 124%, Northrup Grumman 114% and Lockheed Martin 149%.

The Obama regime talks of reducing the military budget and makes a show of doing so via the annual appropriation bill, and then, uses emergency supplemental funds to pay war costs… which actually increases military spending and fattens the profits for the military-industrial complex.

War profits have soared because of multiple military interventions in the Middle East, Africa and South Asia. The lobbyists for the industry use their influence over Congressional and Pentagon decision-makers to join forces with the pro-Israel lobby to pressure for greater direct US military involvement in Syria, Iraq and Iran. The growing ties between Israeli and US military industries reinforce their political leverage in Washington by working with liberal interventionists and neo-conservatives. They criticize Obama for not bombing Syria and for withdrawing from Iraq and Afghanistan. They call for sending troops to Iraq and the Ukraine. Obama argues that proxy wars do not require heavy US military expenditures. Responding to Wall Street pressure to reduce the budget deficit the Obama regime argues that retreating from Iraq and Afghanistan was necessary to reduce US financial and military losses. But withdrawal also reduces profits for the weapons makers and angers Israel and its supporters in Congress.

The Fight over the Military Budget: Veterans versus the Complex and the Lobby

In the face of rising pressure to reduce the deficit and cut the military budget, the military-industrial complex and its Zionist accomplices are heavily engaged in retaining their share of the military budget, by reducing the amount allocated for the medical programs of active and retired soldiers. Disability costs are soaring and will continue for decades. The cost of health care is expected to double to 15% of the defense budget in five years and according to the financial press “that is bad news for defense stocks” (Barron’s, 6/9/14, p. 19).

In response the military-industries are pressing to close Veterans Administration hospitals and reduce benefits, claiming fraud, incompetence and inferior service. The same corporate warlords and lobbyists who pressed the Government to send American soldiers to wars, in which they lost lives, limbs and mental health, are now in the forefront of the fight to reduce spending on their recovery and health. Economists point out that the less the percentage of the military budget spent on veteran’s health, the greater the share allocated for missiles, warships and war planes. The long term costs for VA medical and disability spending resulting from the Afghan and Iraq wars are at present $900 billion and rising.

The corporate warlords are pressuring Congress to increase co-pays, enrollment fees and deductibles for veterans enrolled in public health plans.

The fight is on over Pentagon expenditures: for soldiers health or weapons programs that fatten the profits of the military industrial complex.

June 23, 2014 Posted by | Economics, Ethnic Cleansing, Racism, Zionism, Militarism, Timeless or most popular, Wars for Israel | , , , , , , , , | 1 Comment

Five Takeaways from the Newly Released Drone Memo

By Brett Max Kaufman – ACLU – 06/23/2014

This morning, a federal appeals court released a government memorandum, dated July 16, 2010, authorizing both the Department of Defense and the Central Intelligence Agency to kill Anwar al-Aulaqi, a U.S. citizen, in Yemen.

The publication of the Office of Legal Counsel memo comes, as the court noted, after a lengthy delay. The ACLU (along with the New York Times) has been fighting for this memo since we first asked for it in a Freedom of Information Act request submitted in October 2011.

Today’s release by the U.S. Court of Appeals for the Second Circuit is an important victory for transparency. But while the memo advances the public record in significant ways, it still does not answer many key questions about the government’s claimed authority to kill U.S. citizens outside of active battlefields. Here are several important takeaways from today’s release.

  1. Rather than more fully explain the government’s theory of “imminence,” the newly released memo fails to address it at all.

1.	High-level government officials have concluded, on the basis of al-Aulaqi's activities in Yemen, that al-Aulaqi is a leader of AQAP whose activities in Yemen pose a 'continued and imminent threat' of violence to United States persons and interests.

The previously disclosed “White Paper” on the targeted killing of U.S. citizens explained the government’s view that “the condition that an operational leader present an ‘imminent’ threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future.” But rather than give further explanation and clarity to that extraordinary and novel reading of “imminence,” the newly released memo — at least as presently redacted — fails to address that requirement in any detail whatsoever.

The memo, signed by David Barron, then–acting chief of the OLC (and now a newly confirmed First Circuit judge), tells us that “[h]igh-level government officials” determined that al-Aulaqi constituted an “imminent” threat to the United States. But the memo does not explain how the government interprets that requirement, nor does the memo explain the evidentiary standard the officials must meet in order to satisfy it.

  1. Likewise, the memo does not address the circumstances that would make “capture infeasible,” and killing therefore permissible:

2.	In addition to the nature of the threat posed by ai-Aulaqi's activities, both agencies here have represented that they intend to capture rather than target al-Aulaqi if feasible; yet we also understand that an operation by either agency to capture al-Aulaqi in Yemen would be infeasible at this time.

Again, the White Paper summarized the government’s theory about the infeasibility of capture, but the newly released memo adds nothing of substance to that analysis. Importantly, though, the new memo does seem to indicate that its authorization for the targeted killing of al-Aulaqi was intended to be indefinite in duration, requiring only that the CIA and DOD continue to evaluate (without returning to the OLC) “whether changed circumstances” would make capture more feasible.

  1. “Under the facts represented to us . . .” & why judicial review matters

3.	As we explained in our earlier memorandum, Barron Memorandum at 5-7, we do not believe al-Aulaqi' s U.S. citizenship imposes constitutional limitations that would preclude the contemplated lethal action under the facts represented to us by DoD, the CIA and the Intelligence Community.

Throughout the memo, Barron conditions important legal conclusions on “the facts represented to” the OLC by other departments of the executive branch. The memo’s discussion of these facts is redacted, making it impossible for the public to evaluate whether the killing of al-Aulaqi meets even the government’s professed legal standard. Beyond that absence, however, the memo’s repeated conditioning of its conclusions on the version of facts presented by the executive branch makes clear why the government’s rejection of any judicial review in this context — either before or after the fact — is so fundamentally dangerous.

  1. The CIA — officially — has an operational role in the targeted killing program. From the court opinion released with the memo:

4.	The other fact within the legal reasoning portion of the OLC-DOD Memorandum that the Government contends merits secrecy is the identity of the agency, in addition to DOD, that had an operational role in the drone strike that killed al-Awlaki. Both facts were deleted from the April 21 public opinion, but have been restored in this opinion. Apparently not disputing that this fact has been common knowledge for some time, the Government asserts the importance of concealing any official recognition of the agency’s identity. The argument comes too late.

(See the opinion in full, with previously redacted passages highlighted, here.)

Until today, the government had argued that the CIA’s operational involvement in the targeted killing program was an official secret. In this case and in another ACLU FOIA case seeking documents about the program, the official unveiling of this fact should open the door to further disclosures about the CIA’s role in the program and about factual information, like numbers of civilian casualties caused by the program, that the government continues to maintain cannot be disclosed to the public.

  1. There are additional OLC memos addressing the lawfulness and constitutionality of the targeted killing of U.S. citizens — and the government will likely have to release portions of those as well.

5.	The other OLC legal memoranda have not been submitted to this Court for in camera inspection, and we are therefore unable to adjudicate the waiver issue as to these memoranda, nor determine, if waiver has occurred, what portions of these documents must be redacted. It is possible that waiver of any claimed privileges applies to the legal reasoning in these documents for the same reasons applicable to the OLC-DOD Memorandum. On remand, these memoranda must be produced to the District Court for in camera examination and determination of waiver and appropriate redaction, in light of our rulings with respect to disclosure and redaction of the legal reasoning in the OLC-DOD Memorandum.

Together, today’s release and the Second Circuit’s opinion make clear that the public is only just starting to understand the legal and factual basis for the government’s targeted killing program, as a great deal of information crucial to the public debate remains secret. While we will continue to press for additional disclosures in court, the government need not and should not wait for yet another court order before it discloses additional information to which the public is entitled. In the meantime, stay tuned for further analysis from the ACLU about the meaning of today’s release as well as what comes next.

June 23, 2014 Posted by | Civil Liberties, Deception, Progressive Hypocrite, Timeless or most popular | , , | Leave a comment

DOJ Drone Memo: AUMF Trumps All And Rights Are Subject To Arbitrary Revocation In Times Of ‘War’

By Tim Cushing | Techdirt | June 23, 2014

The long-awaited “drone memo” has now been released, and it details the DOJ’s justifications for the extra-judicial killing of American citizens. While the government runs through various permutations of its arguments for “justified” killings, the short version can be boiled down to four letters: AUMF.

The Authorization for Use of Military Force Against Terrorists was passed three days after the 9/11 attacks and is every bit the sort of kneejerk legislation every lawmaker should approach warily, but seldom do. This kicked off America’s “War on Terror,” a “slippery slope battlefield” that has been used to justify everything from domestic surveillance by the NSA to the purchase of cell phone tower spoofers and discarded military vehicles by local police departments.

The memo (which starts at page 67 of the embedded document below — the legal decision ordering the release is above it) starts out with the DOJ doing Congress’ thinking for it. This part discusses the “authority” behind the killings, aligning it roughly with the deadly use of force by law enforcement, something that makes certain killings lawful under certain circumstances.

The justifications listed below constantly cite 18 USC 1119(b), a law that simply states that it’s illegal for a US citizen to kill another US citizen residing outside US borders, making them subject to the United States’ laws on murder and manslaughter. But what looks simple and solid on the law books is apparently filled with loopholes and things Congress meant to make clear but apparently didn’t.

But the recognition that a federal criminal statute may incorporate the public authority justification reflects the fact that it would not make sense to attribute to Congress the intent with respect to each of its criminal statutes to prohibit all covered activities undertaken by public officials in the legitimate exercise of their otherwise lawful authorities, even if Congress has clearly intended to make those same actions a crime when committed by persons who are not acting pursuant to such public authority. In some instances, therefore, the better view of a criminal prohibition may well be that Congress meant to distinguish those persons who are acting pursuant to public authority, at least in some circumstances, from those who are not, even if the statute by terms does not make that distinction express.

What the DOJ basically argues here is that it would be perfectly fine for an NYPD officer to use justified, deadly force to shoot another American overseas. This would seem to be an unlikely event, but the NYPD has sent its officers all over the world in recent years, much to the dismay and irritation of local law enforcement and security agencies.

The DOJ further presses its point by comparing extrajudicial killings to speeding tickets (from the same paragraph as above).

Cf. Nardone v. United States, 302 U.S. 379, 384 (1937) (federal criminal statutes should be construed to exclude authorized conduct of public officers where such a reading “would work obvious absurdity as, for example, the application of a speed law to a policeman pursuing a criminal or the driver of a fire engine responding to an alarm”)

On page 73, the DOJ notes that there’s actually no federal statute that grants the government the same “rights” (in terms of justified use of deadly force) local law enforcement agencies enjoy, but that doesn’t slow down the rationalizing. […]

It goes from there to twisting words around until its convinced they read differently than they actually read. The following argument can best be summed up as: “the killing is justified because the killing is justified.” Because we say its lawful, it must be lawful. (Hence the intense leaning on the AUMF later.)

It is true that here the target of the contemplated operations would be a U.S. citizen. But we do not believe al-Aulaqi ‘s citizenship provides a basis for concluding that section 1119 would fail to incorporate the established public authority justification for a killing in this case. As we have explained, section 119 incorporates the federal murder and manslaughter statutes, and thus its prohibition extends only to “unlawful” killings, 18 U.S.C. §§ 1111, 1112, a category that was intended to include, from all of the evidence of legislative intent we can find, only those killings that may not be permissible in light of traditional justifications for such action. At the time the predecessor versions of sections 1111 and 1112 were enacted, it was understood that killings undertaken in accord with the public authority justification were not “unlawful” because they were justified. There is no indication that, because section 1119(b) proscribes the unlawful killing abroad of U.S. nationals by U.S. nationals, it silently incorporated all justifications for killings except that public authority justification.

Now that the DOJ has established a “right” to conduct extrajudicial killings based mainly on public authority justifications granted to law enforcement, it then discussed whether this can be stretched to cover DoD and CIA operations. Here’s where the DOJ begins wading into the “War on Terror” justifications.

In light of the combination of circumstances that we understand would be present, and which we describe below, we conclude that the justification would be available because the operation would constitute the “lawful conduct of war”-a well-established variant of the public authority justification.

Technically, we’re not “at war” anywhere in the world. There’s no declared war, other than the one on terrorism, which the DOJ terms (using the AUMF wording) a “non-international armed conflict.” If this is the justification, terming anything a “war on…” would justify extrajudicial killing, because no one expects murder charges to be brought against them during normal acts of war (i.e., combatants killing other combatants).

Because the AUMF says we can detain a US citizen who is assisting our enemies, it also means we can kill a US citizen who does the same.

And thus, just as the AUMF authorizes the military detention of a U.S. citizen captured abroad who is part of an armed force within the scope of the AUMF, it also authorizes the use of “necessary and appropriate” lethal force against a U.S. citizen who has joined such an armed force.

The DOJ also discusses the justifications for the CIA’s involvement, but much of that will still remain a mystery. Large portions of this have been redacted, but the discussion does start out with this unintentionally hilarious assertion.

[redacted] — the CIA — [redacted] would conduct the operation in a manner that accords with the rules of international humanitarian law governing this armed conflict…

Maybe in light of its still-unreleased “Torture Report,” the DOJ might want to retract that statement. But the CIA’s justifications apparently aren’t that far off from the DoD’s, and they include the same willingness to put words in Congress’ mouth.

Thus, we conclude that just as Congress did not intend section 1119 to bar the particular attack that DoD contemplates, neither did it intend to prohibit a virtually identical attack on the same target, in the same authorized conflict and in similar compliance with the laws of war, that the CIA would carry out in accord with [redacted].

Finally, the DOJ discusses the rights completely ignored by extrajudicial killing. First, the Fifth Amendment is dismissed because the AUMF trumps all.

In Hamdi, a plurality of the Supreme Court used the Mathews v. Eldridge balancing test to analyze the Fifth Amendment due process rights of a U.S. citizen captured on the battlefield in Afghanistan and detained in the United States who wished to challenge the government’s assertion that he was a part of enemy forces, explaining that “the process due in any given instance is determined by weighing ‘the private interest that will be affected by the official action’ against the Government’s asserted interest, ‘including the function involved’ and the burdens the Government would face in providing greater process.”

“Constitutionality,” in the DOJ’s hands, is mostly about what rights people don’t have.

We believe similar reasoning supports the constitutionality of the contemplated operations here. As explained above, on the facts represented to us, a decision-maker could reasonably decide that the threat posed by al-Aulaqi’s activities to United States persons is “continued” and “imminent…”

The explanation “above” is, of course, redacted.

The DOJ continues on to wave away the Fourth, again using the AUMF as justification.

The Fourth Amendment “reasonableness” test is situation-dependent. Cf Scott, 550 U.S. at 382 (Garner “did not establish a magical on/off switch that triggers rigid preconditions whenever an officer’s actions constitute ‘deadly force'”). What would constitute a reasonable use of lethal force for purposes of domestic law enforcement operations will be very different from what would be reasonable in a situation like such as that at issue here. In the present circumstances, as we understand the facts, the U.S. citizen in question has gone overseas and become part of the forces of an enemy with which the United States is engaged in an armed conflict; that person is engaged in continual planning and direction of attacks upon U.S. persons from one of the enemy’s overseas bases of operations; the U.S. government does not know precisely when such attacks will occur; and a capture operation would be infeasible.

[redacted] at least where high-level government officials have determined that a capture operation overseas is infeasible and that the targeted person is part of a dangerous enemy force and is engaged in activities that pose a continued and imminent threat to U.S. persons or interests the use of lethal force would not violate the Fourth Amendment. [redacted ] and thus that the intrusion on any Fourth Amendment interests would be outweighed by “the importance of the governmental interests [that] justify the intrusion…”

If it’s difficult, don’t try. At least that much agrees with law enforcement rationale. Why get a warrant when exigent circumstances can be abused? Why respect rights when you can claim there’s a “continued” and/or “imminent threat?”

Click here for full article with embedded document below

June 23, 2014 Posted by | Civil Liberties, Progressive Hypocrite, Timeless or most popular | , , , , , | Leave a comment

New high-tech lampposts in Chicago will collect data on weather and people

RT | June 23, 2014

The streets of Chicago, Illinois will soon host some state-of-the-art new technology, but privacy advocates have concerns about certain data collection tools coming to the Windy City.

According to a report published on Monday by Chicago Tribune reporter David Heinzmann, a system of data-collection sensors will start being affixed to light poles and lampposts in the major Midwest hub sometime next month so that researchers and scientists there will have a new way to get their hands on some highly sought after information.

The “Array of Things” project being put together by the University of Chicago and Argonne National Laboratory’s Urban Center for Computation and Data will collect details about air quality, light intensity, sound volume, heat, precipitation and wind, according to Heinzmann’s report, as well as lay the groundwork for a vast infrastructure that will ideally let this kind of data, and even more, be collected for ages to come using additional new sensors. The installation of each utility box will cost less than $500, and officials told the Tribune that they’ll require less than $15 a piece for annual electricity costs. The technology inside the boxes that hold the sensors were developed with more than $1 million in funding from the likes of Cisco, Intel and others, the Tribune noted.

Last month, John Moore of technology website GCN wrote that all of this data will not only be collected to nodes throughout Chicago, but will also be sent to city computers so officials can scour it when in need of examining data trends as future projects are plotted out.

“Our intention is to understand cities better,” computer scientist and Urban Center director Charlie Catlett told the Tribune. “Part of the goal is to make these things essentially a public utility.”

Some say that these unassuming sensors have stepped over the line, though, because in addition to weather details and other seemingly invasive data, the “Array of Things” nodes in the Windy City will also look for cell phone signals being emitted by the mobile devices in the pockets of passersby.

In order to get a better grasp on population density within some parts of Chicago, the sensors being installed will also try to make contact with cell phones in order to get a rough number of how many devices — and presumably how many people — pass through a certain area at any given time.

The architects of the project told the Tribune that they are going to great lengths to insure that personally identifiable information isn’t sucked up, and said so far that any cell phone signals won’t be traceable back to the owner of the device that pings a lamppost sensor.

“We don’t collect things that can identify people. There are no cameras or recording devices,” Catlett told the paper. Sensors will be collecting “sound levels but not recording actual sound. The only imaging will be infrared,” rather than video, he said.

The sensors, Catlett added, “will not save address data, and will only count nearby devices.”

Critics say sucking up more data is inevitable, however, and warn that recording even miniscule amounts of information from cell phones could leave enough of a window for abuse to occur.

“If they do a good job they’ll collect identifiable data. You can (gather) identifiable data with remarkably little information,” Gary King, director of the Institute for Quantitative Social Science at Harvard University, told the Tribune. “You have to be careful. Good things can produce bad things.”

“If you spend a million dollars wiring these boxes, and a company comes in and says ‘We’ll pay you a million dollars to collect personally identifiable information,’ what’s the oversight over those companies?” asked Indiana University privacy expert Fred Cate.

“Almost any data that starts with an individual is going to be identifiable,” Cate said. “You may not care about the fact that it’s personally identifiable. It’s still going to be personally identifiable.”

Indeed, RT has reported extensively in the past about similar up-and-coming technologies that spurred outrage in other locales once considered for adoption. License plate readers that let law enforcement see where automobiles of interest are geographically located have caused concerns in numerous cities and towns across the United States, and lampposts like the ones in Chicago but with the ability to record audio and video has sparked outrage elsewhere.

June 23, 2014 Posted by | Civil Liberties, Full Spectrum Dominance | , | 1 Comment