Arms Control and Non-Proliferation: Looming Crisis Slipping Through the Cracks of Public Attention
By Andrei AKULOV | Strategic Culture Foundation | 15.06.2016
The missile defense capable USS Porter is in the Black Sea to trigger discussions on the state of European and global security. This month experts mark the 28th anniversary of the Intermediate-Range Nuclear Forces Treaty (INF) that came into force on June 1, 1988. Those were the days of great hopes and expectations.
Today Ukraine’s drama, the EU’s migrants’ crisis, China’s economic slowdown and the fight against the Islamic State group hit headlines while another crisis is looming in the background – the unraveling of nuclear arms control and the related problem of non-proliferation. The prospect of losing the legal regime for managing the instruments of devastation is very much real.
It is true that the two key treaties – the 2010 New Strategic Arms Reduction Treaty (New START) and the 1987 Intermediate-Range Nuclear Forces (INF) Treaty – are still in force. However, their future is not assured. The 2010 New START (also known as the Prague Treaty) was an important achievement in preventing the collapse of arms control. But it expires in 2020 without any prospects for a new agreement coming into force. There are no signs that the parties are planning to launch talks on the subject. The future of the INF is also in doubt. The Treaty is threatened by ballistic missile defense (BMD) deployment. Aegis Ashore uses the naval Mk-41 launching system, which is capable of firing long-range cruise missile. This is a blatant violation of the INF Treaty provisions.
The countries which host BMD sites inevitably become targets for Russia’s Iskander surface-to-surface missiles and aviation.
Actually, the United States launched the arms control erosion by withdrawing from the 1972 Anti-Ballistic Missile Treaty to no longer accept any restrictions on its missile defense deployments. Washington still has not ratified the Comprehensive Nuclear Test Ban Treaty (CTBT) 20 years after it was adopted by the United Nations General Assembly in 1996.
Russia refuses any limitations on its sub-strategic nuclear arms while the US enjoys advantage in conventional long-range precision guided weapons, and NATO is implementing the program of stationing missile defense Aegis sites in Romania and Poland – in the vicinity of Russia’s borders. European security is weakened by the Russia-NATO stand-off. Nowadays, the plans to establish nuclear-weapons-free zones in Europe are, to large extent, forgotten. Measures that might include steps to prevent nuclear weapons being stationed outside the borders of the nuclear-weapon states are not on the Russia-NATO Council’s agenda. There is no accord between Russian and NATO on nuclear incidents prevention. Currently around 200 B61 bombs are deployed in underground vaults inside around 90 protective aircraft shelters at six bases in five NATO countries (Belgium, Germany, Italy, the Netherlands, and Turkey). About half of the munitions are earmarked for delivery by national aircraft of these non-nuclear states, although they all are parties to the Non-Proliferation Treaty (NPT) of 1968 that envisions certain obligations.
Article I of the treaty prohibits the transfer of nuclear weapons from nuclear-weapons states to other countries. Its Article II requires non-nuclear weapons states not to receive nuclear weapons. The US and NATO breach a major international treaty.
Russia considers US forward-based tactical nuclear weapons deployed in Europe to be an addition to the US strategic arsenal that is capable of striking deep into Russian national territory. Moscow has, therefore, demanded that the United States withdraw these weapons (which amount to about 200 air-dropped gravity bombs in the process of being upgraded) from Europe as a precondition to any possible talks on the issue. The process is stalled.
In addition, developments in non-nuclear BMD systems and long-range, precision-guided offensive weapons, as well as their proliferation, have complicated nuclear arms control.
The United States is in violation of the 2000 Plutonium Management and Disposition Agreement (PMDA). Russia and the US agreed to transparently dispose of weapons-grade plutonium, thereby preventing it from being reused for military purposes. The agreement specifies that the United States will dispose of its plutonium by burning it in light water reactors (Article III.2).
In 2016 the US Energy Department changed the plans in favor of “a cheaper, faster alternative”.
Changing the disposition method requires formally amending the agreement, which cannot be done without Russia’s consent.
Despite that, the US administration’s Fiscal Year 2017 budget proposal calls for the termination of the MOX (mixed oxide) project.
The violation was one of the reasons the Russian President skipped the Nuclear Security Summit held in Washington, DC on March 31-April 1, 2016.
The seven nuclear-armed states besides Russia and the United States have refused to join the discussions on any limitations till Russia and the US get closer to their numerical levels. In fact, it implies another substantial reduction on top of cuts already undertaken by the “Big Two”. Global and regional powers with quite different points of view, ambitions, and political and military experiences from Russia and the United States are now important international players. Nuclear-arms limitations are no longer in the foreground of international security giving place to local conflicts, the fight against terrorism, and nuclear proliferation – the issue greatly exacerbated by the recent North Korean activities.
Nuclear nonproliferation is also in trouble. Nothing has been done in real terms. For instance, a conference on the establishment of weapons of mass destruction–free zone in the Middle East (agreed on at the 2010 Nuclear Summit) has never materialized. 2016 Washington Nuclear Summit ended without producing any tangible results with Russia skipping the event. Negotiations with North Korea have been in limbo for many years and there is no prospect for their revival. This is confirmed by the recent events.
The talks on a Fissile Material Cut-Off Treaty have been deadlocked for many years with the US-Russian cooperation on the safety and security of nuclear sites and materials ended in 2014.
The 2015 Iran deal is the only silver lining, but it still has a long way to go to become a long-term, comprehensive process. All other negotiations on nuclear arms reduction and nonproliferation have come to a dead end. Russia and the United States still retain their leading roles in the nonproliferation regime, but they can use this advantage effectively only joining together. The history of negotiations on the Iranian nuclear program provides a telling example.
Today the world is facing the most serious and comprehensive crisis in the fifty-year history of nuclear arms control with almost every channel of negotiation deadlocked and the entire system of existing arms control agreements in jeopardy. One can see the US taking one decision after another to undermine the arms control regime that has served as a pillar of international security for dozens of years. This crisis may quite possibly result in the total disintegration of the existing framework of treaties and regimes followed by probable resumption of the arms race with dire consequences for humanity. Further proliferation of nuclear weapons may lead to the deliberate or accidental use of nuclear weapons in local wars. Only political unity among the major global powers and alliances, coupled with urgent and effective action, can reverse this trend.
Inventiveness and an aggressive search for new approaches can adapt nuclear arms control to the new realities, including disentangling further strategic arms reductions from the present knot of problems, binding agreements on the capabilities of BMD systems, limitations on existing and emerging long-range, precision-guided conventional offensive weapons and reductions in substrategic nuclear arms. Cooperative relations among key global and regional powers and alliances could be adapted to the emerging new post–Cold War world order molded through patient negotiations launched upon a joint Russia-US initiative. Nuclear arms control – the central pillar of the process – should be restored and modernized.
Hopefully, the next President of the United States will realize that the problems can be resolved if the leaders of the great powers are willing to work them out, and if experts approach them creatively.
Obama: US Military Engaged in Anti-Terror Operations Across 15 Countries
Sputnik — 13.06.2016
US military personnel are engaged in counterterrorism operations across 15 different countries, President Barack Obama said in a biannual statement to Congress released on Monday.
The letter outlined US military counterrorism operations across the globe in Afghanistan, Iraq, Syria, Turkey, Somalia, Yemen, Djibouti, Libya, Cuba, Niger, Cameroon, the Central African Republic, Egypt, Jordan, and Kosovo. All nations have US combat-equipped personnel deployed for a specific counterterrorism mission.
Obama indicated that that there is no timeline for the war on terrorism, and he will direct “additional measures to protect US citizens and interests” if necessary.
“It is not possible to know at this time the precise scope or the duration of the deployments of US Armed Forces necessary to counter terrorist threats to the United States,” Obama said.
Under the 2001 authorization for use of military force, the US president must update Congress every six months on the military operations against al-Qaeda, the Taliban and associated forces.
‘US govt, MSM give no evidence to confirm ex-Gitmo detainees reengage in terrorist activities’
RT | June 12, 2016
The US government isn’t providing any evidence to confirm reengagement of former Guantanamo detainees in terrorist activities. They give numbers they allege are accurate but provide no facts, said Andy Worthington of the Close Guantanamo group.
The US government’s greatest fears about releasing Guantanamo Bay prisoners are that inmates might re-emerge on the ‘battlefield’ and re-engage in terrorist activities. Seventeen percent of former detainees, or 118, are confirmed to have re-engaged in militant activity, while 13 percent, or 86, are suspected of re-engaging.
Author of “The Guantanamo Files” and co-founder of the group Close Guantanamo, Andy Worthington, told RT America’s Simone Del Rosario that the US government isn’t supplying any evidence to confirm their fears.
RT: You’ve dedicated a chunk of your life to documenting files and stories from Guantanamo not as an attorney, but as an investigative journalist. After all of your research, what do you consider to be the most pressing reason to close Guantanamo for good?
Andy Worthington: From the very beginning it’s been a bad idea. If you’re going to deprive people of liberty, there are only two ways to do that, if you claim to respect the rule of law. That is that you either charge them with a criminal offence and put them on trial in a Federal court – that would be in the US; or they’re soldiers protected by the Geneva conventions and you can hold them until the end of hostilities.
But after 9/11 the US did neither of those things. So the men held in Guantanamo were held initially without any rights whatsoever. Human beings deprived of all rights, which is a really shocking thing. Although, over the years there have been various efforts to give them legal rights – going up to the Supreme Court, the situation still is that the people held in Guantanamo are effectively prisoners of the political system – we can almost describe them as political prisoners. There is no recognizable justice in their cases. The releases from Guantanamo end up being down to a political process. That is just an unfair way for a country like the US, which claims to be founded on the rule of law and to respect the rule of law, to behave.
RT: As Obama’s term comes to a close are you finding yourself more or less hopeful that he will fulfill his promise to close Guantanamo Bay?
AW: I am certainly more hopeful than I was a few years ago. There was a period in the middle of Obama’s presidency when he’d faced a lot of abstraction from Congress; he was unwilling to spend political capital overcoming that. And for a period of nearly three years only five men were released from Guantanamo.
In 2013, a massive prison-wide hunger strike brought Guantanamo back into sharp focus and put pressure on President Obama to do something about it. Since then he has been releasing many prisoners. We are now in the best position that we’ve been in during his presidency – only one tenth of the men held in Guantanamo is still held there – just 80 men. Thirty of those men have been approved for release by a variety of review processes under President Obama. We have a promise from the administration that they will be released by the end of the summer. Of the rest of the men – so the other 50 – just 10 are facing trials, or have had trials. The other 40 are undergoing this latest review process called the periodic review boards. We don’t know how many of those are going to be approved for release, but at the current rate of the reviews three out of four of the men have been recommended for release – there are currently 24 out of 33 men recommended for release.
Now these are men who were initially described as “too dangerous to release,” but the Task Force that looked at their cases said there was insufficient evidence to put them on trial; or they are men who were initially put forward for prosecution by a Task Force that President Obama set up in his first year in office. But the basis for prosecution has since collapsed. Appeals Court judges ruled that the war crimes for which the majority of the men were being convicted had actually been invented by Congress and were not internationally recognized. That is just a little summing up of the extraordinary ways in which Guantanamo is a shame and embarrassment on every level.
RT: A Washington Post article came out citing the Obama administration and the Pentagon saying that at least 12 released Guantanamo detainees are implicated in attacks on Americans that have resulted in American deaths. Do some of those Congressional members, who are against the closure, have a point in wanting to keep some of these men locked up?
AW: I think, first of all, they would have to provide us with evidence and they never do. In the early days of the defense department providing information on prisoners who they said have returned to the battlefield, or … have engaged in some kind of anti-American activity. They would provide information about who these men were. For around five years now they have provided nothing. They tell us numbers that they allege accurate, but they don’t provide any further information so that people can do some investigation to judge whether the information is correct or not. They have people that they say are confirmed of engaging in anti-American activities and ones that are suspected. Those figures generally get lumped together by the right-wing lawmakers and by most parts of the mainstream media – very irresponsibly… But, as I said, they don’t provide the information. This latest article in the Washington Post is unfortunately yet another lazy example of propaganda masquerading as journalism, without giving us the facts how are we supposed to accept that there is any truth to this.
EPA Pushing Hike in Radioactive Contamination in Drinking Water
Corporate Crime Reporter | June 7, 2016
The Environmental Protection Agency (EPA) has unveiled a plan allowing radioactive contamination in drinking water at concentrations vastly greater than the levels permitted by the Safe Drinking Water Act for long periods following release of nuclear materials.
The new guidance would permit radiation exposures equivalent to 250 chest X-rays a year for the general population for an unlimited time period.
EPA’s “Protective Action Guides” (or PAGs) dramatically relax allowable doses of radioactive material in public drinking water following a Fukushima-type meltdown or “dirty bomb” attack.
They cover the “intermediate phase” after “releases have been brought under control” – an unspecified period that may last for weeks, months or even years.
The agency has declared that the strict limits for chemical exposure in the Safe Drinking Water Act “may not be appropriate… during a radiation incident.”
EPA states that it “expects that the responsible party… will take action to return to compliance with the Safe Drinking Water Act maximum contaminant levels as soon as practicable” but during the indefinite meantime –
The general population may be exposed to radioactive iodine-131 at 10,350 pico-curies per liter of water.
By contrast, the current limit is 3, resulting in a 3,450-times increase;
The current strontium-90 limit of 8 pico-curies per liter would be allowed a 925-fold increase; and
In an attempt to shield “sensitive populations,” the plan proposes 500 millirem per year for the general population but only 100 millirem for children under 15, pregnant or nursing mothers without explaining how these latter groups will get access to less contaminated water.
“Given this monstrous proposal, it unclear what lessons EPA learned from the contaminated water calamity of Flint, Michigan,” said. Public Employees for Environmental Responsibility (PEER) executive director Jeff Ruch. “It is unfathomable that a public health agency would prescribe subjecting people to radioactive concentrations a thousand times above Safe Drinking Water Act limits as a ‘protective’ measure.”
Internal EPA documents obtained under Freedom of Information Act litigation brought by PEER show that EPA itself concluded that proposed concentrations “would exceed MCLs [Maximum Contaminant Limits of the Safe Drinking Water Act] by a factor of 100, 1000, and in two instances, 7 million.”
The internal analysis estimated for one radionuclide that drinking only one small glass of water “would result in an exposure that corresponds to a lifetime of drinking liters of water per day at the MCL level.”
The Bush Administration in its last days unsuccessfully tried to put forward similar proposals, which the incoming Obama Administration pulled back.
Now, in the waning months of the Obama Administration, those plans are moving forward with new exposure limits higher than the Bush plan it had rejected.
“President Obama goes to Hiroshima to urge a nuclear-free world while his EPA facilitates a nuclear-ridden water supply,” added Ruch. “It speaks volumes that the current Obama drinking water plan is less protective than his predecessor’s.”
Letting ‘Wall Street’ Walk
By Michael Brenner | Consortium News | June 3, 2016
Illicit financial behavior has been decriminalized in the United States – for all practical purposes. Despite the revelations of massive misconduct by banks and other financial services businesses, criminal investigations are rare, indictments exceptional and guilty judgments extraordinary.
Most potentially culpable actions are overlooked by authorities, slighted, reduced from criminal to civil status when pursued, individuals evade penalties much less punishment, and the appeals courts take extreme liberties in exonerating culprits when and if the odd conviction reaches them.
The last mentioned are establishing new frontiers in the formulation of ingeniously sophistic arguments to justify letting financial malefactors off the hook. As some wit suggests, all 32 or so judicial inventions should be assembled in a legal code called the Goldman Variations.
Our elected officials, our regulators, our politicos and the media have come to accept this as the natural order of things. Business Sections of newspapers, like The New York Times, read like the gazette for the world of organized crime in its heyday when the five Mafia families were on top of their game. (substitute Goldman Sachs, Chase Morgan, Bank of America, CITI, Wells Fargo). As for the Wall Street Journal and the legion of business magazines, they blend features of VARIETY and Osservatore Romano.
The reasons for this phenomenon are multiple: the rule of money in our politics; the neutering of regulatory bodies by the appointment of business friendly officers in symbiotic relationships with former or prospective employers; a wider culture in which the cult of wealth pervades all; and the timidity of a political class that defers to the power centers who enjoy rank, status and respect.
Obama’s appointment of Mary Jo White, from the white gloves law firm Debevoise & Plimpton which specialized in advising and representing Wall Street during the financial crisis (where she was head of litigation), to head the Security Exchange Commission is roughly analogous to appointing Dominick “Quiet Dom” Cirillo, consigliore of the Vito Genovese Mafia family, to run the FBI’s Organized Crime Task Force in Manhattan.
In White’s case, her earlier experience as United States Attorney for the Southern District of New York (the financial district) made her an exceptionally valuable acquisition when she switched sides in 2003 – 2013. Her record at the SEC since 2013 confirms her adherence to the Holder philosophy of leniency toward financial misdeeds – and confirms where her loyalties lie.
Appointments to senior positions dealing with financial matters have been primarily “parachutists.” Several of them are more egregious than the White case. So too was former Attorney-General Eric Holder. Within days of leaving the Justice Department, he was back at his former corporate law firm – albeit as a “counselor” for the one-year stipulated transition period.
During his years in private practice, Holder represented the Swiss private bank UBS. Because of this, he recused himself from participating in the Department of Justice investigation of UBS’s abetting of tax evasion by U.S. account-holders.
Such is the privileged status of our largest financial institutions that the Obama administration has amended, de facto, the Constitution to accommodate their claim to being above the law. Former Attorney General Holder is the author of the doctrine that posits the principle of “too-big-to-prosecute.”
Fearing Economic Damage
Holder’s publicly stated view is that he, the Justice Department and the Executive Branch generally have a right to exempt financial institutions from criminal prosecution when they believe that doing so would cause “unacceptable” damage to the national economy. It first took shape during Bill Clinton’s administration.
Holder presented the full-blown doctrine in a startling confession during testimony before the Senate Judiciary Committee on March 5, 2011. “I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy,” Holder said, according to The Hill newspaper.
Holder’s comments didn’t come as a total surprise. His underlings had already made similar confessions to The New York Times the previous year, after they declined to prosecute HSBC for flagrant, years-long violations of money-laundering laws, out of fear that doing so would hurt the global economy.
Lanny Breuer, formerly in charge of doling out the Justice Department’s wrist slaps to banks, told Frontline as much in the documentary “The Untouchables” which aired in January 2011.
Of course, President Obama and Attorney-General Holder had taken oaths to uphold the laws of the land. That pledge does not allow them personal discretion as to whom it applies. Yet, they have acted as if the Justice Department and the Executive Branch generally have a right to exempt financial institutions from criminal prosecution when they believe that doing so would cause “unacceptable” damage to the national economy.
Let us be clear; Holder is not referring to the interpretation and application of any legal standard. He is referring to a purely subjective standard that has nothing to do with the law. In a similar vein, it is reported that the Obama administration has instructed the Department of Justice and the FBI to make mortgage fraud its lowest priority and, indeed, to dismiss hundreds of cases without any investigation whatsoever. (Report of the Inspector General, Department of Justice March 11, 2014).
The administration also improperly has diverted funds appropriated for this specific purpose to other areas. This arbitrary exclusion from investigation of the largest category of financial crime has been made in the face of a well-publicized and solemn undertaking by both President Obama and Attorney General Holder to take bold and expeditious action in this area.
“Equal protection of the laws” is a principle enshrined in the Constitution. There is no allowance for the President or the Attorney General, who serves at the President’s pleasure, to establish special classes of persons who are exempt from the laws’ stipulations – either to make them immune or to deny them due process. Yet, that is what they explicitly have done.
In a commencement address at NYU in 2014, Holder stated bluntly: “Responsibility remains so diffuse, and top executives so insulated, that any misconduct could again be considered more a symptom of the institution’s culture than a result of the willful actions of any single individual.”
The Holder-Obama doctrine concentrates heavily on the disruptive effects on the nation’s (and the world’s) financial system were any of the too-big-to-fail banks brought low by a combination of criminal convictions and financial penalties that were greater than the profits made from systematically skirting the law – as currently done.
Addressing the Problem
That is a highly debatable proposition on purely technical grounds. Whatever the appraisal one makes, there are two straightforward solutions to the problem as stated.
First, one should break them up so that were they to “fail,” the systemic consequences would be manageable. Second, risk is increased rather than lowered by following a legal cum political strategy that has the effect of encouraging the managers of mega-financial institutions to play fast-and-loose in their financial maneuverings.
To return to the analogy of the five Mafia families, a law enforcement strategy that favored civil action over criminal prosecution, that entailed fines rather than prison time, and that kept those fines at a level where they could be calculated as a cost of doing a very lucrative business would result in a flourishing of criminal organizations – at great cost to society.
Moreover, were there a practice of Mafia bosses and police commissioners/district attorneys parachuting from one sphere to another, the collateral damage inflicted on all law enforcement would be enormous.
The Holder claim for corporate immunity is unsustainable by any reasonable legal standard and reading of the Constitution. Such reasonableness, though, no longer prevails. Witness the widespread passive acceptance of this novel revolutionary doctrine when it was pronounced – and its only slight rhetorical qualification since.
The radical idea that nominally criminal acts should be understood contextually and that judgment as well as punishment should be administered accordingly opens up a wide assortment of questions about the conduct of our judicial system.
There is no reason why it could not be applied generally to the entire range of criminal conduct and proceedings. Following the Holder-Obama logic, this should be done at every stage of jurisprudence: indictment, trial, judgment and punishment. A recent case in New York City illustrates what the implications might be.
In that instance, a woman was arrested at Kennedy airport for possession of 500 grams of cocaine. She was detained, indicted and convicted of a felony. All that followed the well-trod legal path. It was the sentencing that broke the mold.
Judge Frederick Block placed the woman on probation rather than throwing her into the slammer. His main argument, developed in a closely reasoned 46-page opinion, concentrated on the “collateral consequences” of her conviction. Those consequences were deemed adequate punishment to meet the requirements of the law, society and the felon’s long-term integration into the community. The addition of prison time would have made the punishment disproportionate to the crime. It would have exceeded – not fit – the crime.
What the judge pointed out is that so many legal disabilities attach to anyone convicted of a felony as to deny the person a reasonable chance of pursuing a normal life upon release. Those disabilities include disqualification for all kinds of access to government assistance programs which cover education, housing and employment. The net result would be a high likelihood of recidivism. From society’s perspective, that translates into a higher likelihood of costs associated with welfare, medical care, and possible re-institutionalization. In addition, there are the tangible and intangible costs for possible maintenance of any children she might bear.
The woman in question lives with her mother in New Haven where she was enrolled in college and was working part time as a nail technician. For her, the collateral consequences could be expected to be particularly high. The underlying logic, though, applies generally.
Setting Examples
What about the “systemic consequences?” Isn’t punishment for the commission of a crime supposed to act as a deterrent for others? Yes – in principle. That consideration, however, did not figure in the Holder-Obama doctrine as applied to financial misdeeds whose perpetrators are in a more visible position to set an example.
Indeed, one could argue that the sense of entitlement and expectation of having a right to act with impunity free of worry about accountability is far more pronounced among Wall Street executives than it is among inner city poor. Thereby, the positive value of criminal conviction followed by individual punishment would be commensurately greater in terms of a benefit to society.
The case cited above involves a felonious criminal act whose commission was proven in a court of law. American prisons, today, confine hundreds of thousands whose crimes are of a lesser order. Indeed, a significant percentage may not have committed any crime at all but rather are victims of police campaigns to cleanse the streets of those who allegedly have committed relatively minor misdemeanors.
Draconian enforcement of “zero tolerance” philosophies has led to widespread abuse of the police power in cities like New York. The absurd “three strikes and you’re out” strategy initiated in California and promoted nationwide by President Bill Clinton, has had even more dire results in spiking the incarceration rates, for longer terms – jailing mainly marijuana and other drug users who are a threat only to themselves rather than to society.
Much has been made of the dogmatic claim that a crackdown on misbehavior is the reason for the drastic drop in urban violent crime. This is an urban legend. In New York City, former Mayor Rudi Giuliani and his Police Commissioner Bill Bratton, have been lionized for this supposed achievement. Yet, the story is pure fiction.
The unprecedented sharp decline occurred under David Dinkins, his black predecessor who was widely criticized for being “soft on crime” and stinting in his support for the police. The truth is that violent crime was closely correlated with the crack epidemic and its recession – reinforced by other trends that registered nationwide.
For these categories of criminals and alleged criminals whose misdeeds fall in the category of misdemeanors, Judge Block’s concept of “collateral consequences” is even more compelling. The concept, in fact, should be broadened to pertain to arrest and prosecution as well as sentencing. The consequences to be taken into account properly should aggregate their weight for both the individual and society. Then, there are the intangible costs of mass criminalization and imprisonment.
Unsettling Markets
Yet, while rulings like Judge Block’s may be rare regarding “street crimes,” they have become routine regarding Wall Street crimes, which are not prosecuted in the name of the Holder doctrine concerned about the unsettling effects on investor confidence and markets from casting a dark cloud over “Wall Street.”
Again, this is dubious on technical grounds; and the logical responses obvious. Let us shift ground and think of the unsettling effects produced by legally stigmatizing a considerable slice of inner-city populations. Disruption of families, instilling widespread feelings of persecution, aggravation of relations with the police, more estranged race relations, etc. It may be difficult to place numbers on these costs, but the negative consequences for society are great.
The full extent of the decade-long police “zero tolerance” campaign, and its demoralizing impact on largely minority neighborhoods, is one of the great unreported stories of our times. Corruption was its hallmark: in its misleading justifications, in its methods that systematized entrapment and fabrication of charges (Examples: creating a public nuisance by drinking a beer from a can on the steps of your house; impeding pedestrian movement by stopping to chat while walking your dog at midnight; loitering in the hallway of your own apartment building).
Other elements of the corruption included its degeneration into a crass quota system, its abuse of the criminal justice system that jailed hundreds of thousands of innocents who couldn’t meet bail or hire a lawyer, forcing them to admit to misdemeanors that leave a permanent stain on their records in order to be released, and its exploitation by cynical politicians.
The one first-hand account that tells the tale is Matt Taibbi’s deeply disturbing DIVIDE (Spiegel & Grau 2014). It deals with New York City, but the same phenomenon is visible across urban America.
Collateral consequences can be a valuable concept – one that has multiple meanings. But it should be applied where it serves justice not iniquity.
Michael Brenner is a professor of international affairs at the University of Pittsburgh. mbren@pitt.edu
Dismantling Civil Society in Bahrain
By Rannie Amiri | CounterPunch | June 3, 2016
Like a vise which first grips its object and then slowly, deliberately and inexorably crushes it, the al-Khalifa regime has done similarly to civil society in Bahrain. It did not stop when peaceful, pro-democracy, reform protests erupted in 2011 and were violently put down by government forces aided by an invasion of Saudi troops in March of that year. Indeed, the vise continues to close and relentlessly so.
Nationalities have been revoked, mosques razed, citizens deported, human rights activists imprisoned on flimsy charges of insulting the monarchy at the least or plotting its overthrow at worst, and the most perfunctory of dialogues with the opposition abandoned. By smothering the figures and institutions who dare challenge the authority of the ruling dynasty in the most benign of fashions – a tweet, waving the country’s flag, tearing up a photo or merely questioning the tenure of the world’s longest serving prime minister – the Bahraini regime and its Gulf allies would like to believe monarchal rule has been preserved. Such desperate measures however, only speak to its precarity.
The stalwart activist Zainab al-Khawaja was given a sentence of three years and one month in Dec. 2014 for (again) tearing up a picture of King Hamad. She refused to be separated from her infant son whom she took with her to prison. Al-Khawaja has just been released on “humanitarian” grounds after serving 15 months in jail.
Her father though, Abdulhadi al-Khawaja, remains imprisoned serving a life sentence on trumped-up charges of attempting to topple the government. While authorities may have set Zainab al-Khawaja free, they simultaneously doubled the sentence of Sheikh Ali Salman, head of al-Wefaq, an opposition political party. Initially given a term of four years incarceration for alleged incitement against the regime, it was increased to nine years on appeal. The unflinching President of the Bahrain Center for Human Rights (BCHR) and founding Director of the Gulf Centre for Human Rights Nabeel Rajab, remains banned from leaving the country despite the need to secure medical treatment for his wife.
Busy highlighting the nation’s cordial relations with the United Kingdom and United States, the latter of which headquarters its Navy’s Fifth Fleet in the capital Manama, the Western media has largely ignored the plight of Bahrain’s ordinary citizens. The arrest and torture of disabled youth has now been documented by the BCHR. Indeed, for more than a decade, the Center has meticulously chronicled the dismantling of Bahrain’s civil society in all its forms by the al-Khalifa regime.
Most recently, with the passage of a law preventing any religious figure from joining political societies or engaging in political activities, the BCHR issued a statement condemning, “… the Bahraini parliament and Shura Council’s passage of amendments to the Political Societies Law, which places a ban on participation in political decision-making based on discriminatory religious grounds. In defense of this draft amendment, lawmakers supporting this motion argued it would prevent religious acts from being politicized. This decision restricts people’s ability to freely engage in religious practices, as those members willing to join political activities pertinent to the legislative process in Bahrain would now need to refrain from any activities carrying religious connotations.”
In the face of widespread and open abuses in civil society, lack of proportional parliamentary representation, curfews, detentions, and imprisonment and torture of those who dissent, these practices have nonetheless failed to adversely impact the ties enjoyed between Bahrain and the United States. But when a regime becomes alienated from those whom it rules and for example, gives lengthy jail sentences for tweets it finds offensive, it speaks to a tenuous reign.
The pillars of civil advocacy in Bahrain – Nabeel Rajab, Abdulhadi al-Khawaja, Maryam and Zainab al-Khawaja, Abduljalil al-Singace (sentenced to life in prison for participating in pro-democracy protests), Naji Fateel, Hussain Jawad and countless others both named and unnamed – have consistently engaged in purely secular, non-sectarian activism. Unlike the practice of the regime, the designations Sunni and Shia need not be applied when discussing the ongoing struggle for legal, political and socioeconomic rights in Bahrain. The people have waited too long for the West to recognize their demands are not based on sect, but on equity.
Despite an oppressive regime and the long shadow cast by the U.S. Fifth Fleet, resilient Bahrainis remain unintimidated.
Rannie Amiri is an independent commentator on Middle East affairs.
Clinton’s Vice President: A Match Made on Wall Street
By Eric Draitser | CounterPunch | June 2, 2016
Earlier this week, Bernie Sanders warned that Hillary Clinton’s eventual vice presidential pick must not be someone from the milieu of Wall Street and Corporate America. And while Sanders is still fighting to win the Democratic Party nomination in what many have argued is a rigged system with a foregone conclusion, it appears that Sanders is also intent on influencing the course of the Clinton campaign and the party itself.
In a thinly veiled demand that Clinton embrace the core principles of the Sanders campaign in order to secure the support of Sanders’s political base, the insurgent Democratic candidate hoped aloud “that the vice-presidential candidate will not be from Wall Street, will be somebody who has a history of standing up and fighting for working families, taking on the drug companies… taking on Wall Street, taking on corporate America, and fighting for a government that works for all of us, not just the 1%.”
And while that description may sound positive for its sheer idealism, it does not seem to account for the fact that banks and corporations effectively own both major parties, and that nearly every top Democrat is in various ways connected to the very same entities. In any event, it is useful still to examine a few of the potential Clinton running mates in order to assess just what sort of forces are going to be put in motion to help deliver a Clinton presidency.
The Actors on the Playbill
Beltway pundits are fond of remarking that Tim Kaine, the underwhelming centrist Democrat senator (and former Governor) from Virginia, is at the top of the list for Clinton. He’s safe. He’s experienced. He’s safe. He’s a Democratic Party loyalist with experience fundraising. Oh, and did I mention that he’s safe? Such is the general tenor of the conversation around Kaine, a politician with a long track record and a mostly forgettable personality known more to DC insiders than to the general voting public.
What could be better for Hillary Clinton, perhaps the least liked Democratic (presumptive) nominee in decades, than to have a party establishment insider who represents the status quo as her running mate in an election year that will undoubtedly be remembered for the ostensibly anti-establishment candidates and rhetoric on display throughout?
To be fair, Kaine does represent Virginia, a swing state that is crucial for Donald Trump, and which could spell victory for Clinton should she carry it. And of course, Kaine can also posture as “tough on Wall Street” from his days as DNC Chairman and party mouthpiece during the passage of the so-called “Wall Street reform” bill. Despite nothing substantive coming out of the bill, Kaine is still able to cash in the political currency derived from that bill, and perhaps meekly shield Clinton from continued attacks vis-à-vis her connections to Wall Street.
Of course Kaine also comes with his own baggage, including his anti-abortion stance which earned him the ire of many pro-choice activists in Virginia when he was Governor. Considering the shameless droning from Clinton and her backers about being “the first woman president,” it would certainly raise serious questions – and open up an obvious angle of attack for Trump – were she to sport her feminism and focus on women’s reproductive rights by selecting a man with an anti-abortion record.
A look down the list of other potential choices reveals that Clinton truly has very little to choose from. Both Housing and Urban Development (HUD) Secretary Julian Castro, as well as Labor Secretary Tom Perez, have both had their names bandied around as Clinton seeks to solidify the Latino vote in an election where the Republican candidate has worked tirelessly to alienate that all-important demographic as much as possible. But of course, the obvious question to be asked in response to either of these potential selections would be “Who?” Neither Castro nor Perez is well known nationally, nor have either of them won major elections or really done anything of note in their tenure in Obama’s cabinet. Despite being Latinos, they are utterly forgettable, and unlikely to bring significant returns to Clinton.
While other names such as New Jersey junior senator Cory Booker, as well as Ohio senator Sherrod Brown, have been discussed, both men hail from states with Republican governors, meaning that were they to accept a VP slot, their senate vacancies would be likely filled by Republicans, a scenario that Senate Minority Leader Harry Reid has already said “Hell no!” to, vowing to “yell and scream to stop that.”
Who Else Is “Ready for Hillary”?
So that then leaves the two most interesting potential running mates: Elizabeth Warren and Bernie Sanders himself. Warren, who conspicuously refused to endorse Clinton over Sanders, has tremendous upside for Clinton as she has been perhaps the Democratic Party’s most vehement opponent of Wall Street, having led many high profile attacks on the major banks in her tenure in the Senate. From a public relations branding perspective, she is essentially the female Bernie Sanders, a progressive Democrat who presents herself as an ally of working people and an enemy of bankers. For Clinton, Warren would also round out the “First Woman…” card, allowing the Clinton campaign to quite literally become a campaign about breaking the glass ceiling in US politics. The stump speeches almost write themselves.
Finally, there’s Mr. #FeelTheBern himself. His latest comments (mentioned above) certainly do have a subtext that implies his willingness to accept a running mate slot. Having fashioned himself as the champion of the middle class and threat to the Washington establishment, Bernie would provide much in the way of credibility to a lackluster Clinton campaign which has failed to excite even many ardent Democrats. Sanders would also guarantee a unified Democratic Party ticket, and provide much needed defense of Clinton’s left flank. In short, Sanders, like Warren, would give anti-Clinton progressives the pretext many of them need to justify their voting for the much-hated Clinton.
Never mind the fact that neither Sanders nor Warren would actually do anything to combat Wall Street finance capital as Vice President. Never mind the fact that no one on Wall Street is particularly scared of either politician being given the ceremonial power that comes with the Vice Presidency. These are just the kind of uncomfortable, but inescapable, facts that progressives must choose to ignore.
The difficulty for either Sanders or Warren is the marketing of their decision to left progressives, some of whom would see collaboration with Clinton and the Clinton political machine as a betrayal and a complete sell-out. However, aside from driving a some relatively small number of progressives to vote for Jill Stein and the Green Party (or stay home entirely), it is unlikely that the negative impact in the progressive base would amount to anything more than some hurt feelings followed by the usual acquiescence to the Democratic Party line.
If such an analysis sounds cynical and jaded, that’s because it is. Perhaps a better descriptor would be disdainful. Indeed, as someone who watched with bemused melancholy as progressives lined up to support Al Gore in 2000, John Kerry in 2004, and Barack Obama in 2008 and 2012, my position on support for ANY Democrat is the same as Harry Reid’s position on swing state senator VP picks: Hell no!
Indeed, the very notion of collaboration with a war criminal and Wall Street puppet such as Clinton is anathema to everything the left and “progressives” are supposed to stand for.
Of course, there is also the elephant (and donkey) in the room: both major parties are wholly owned subsidiaries of finance capital and the corporations that rule over us. This is the realization that millions of Americans have already made, and which millions more are making. This is the realization that keeps Democratic and Republican apparatchiks up at night. And this critical revelation is what Bernie, Liz, & Co. are there to suppress.




