Time to End Military/CIA Torture Once and For All
By Steven Reisner | CounterPunch | April 30, 2014
In the face of continued revelations of United States’ torture policies during the Bush administration, Psychologists for Social Responsibility (PsySR), today sent letters to President Barack Obama and Defense Secretary Chuck Hagel demanding an end to all ongoing practices of torture, cruel, inhuman, and degrading treatment of prisoners and detainees. The letter specifically calls for revoking techniques permitted in Appendix ‘M’ of the current Army Field Manual, such as solitary confinement, sleep deprivation, forms of sensory deprivation, and environmental manipulations, which individually and combined have been condemned internationally as forms of torture, cruel, inhumane or degrading treatment, and therefore violate the United States’ obligations under the Geneva Conventions and the Convention Against Torture. In addition, PsySR expressed particularly concern that health professionals, including psychologists, have been engaged to support such efforts in violation of their ethical responsibilities.
Here is the letter:
April 29, 2014
President Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Dear Mr. President:
As an organization of health professionals dedicated to human rights advocacy, Psychologists for Social Responsibility strongly objects to practices that violate the ethics of health professions and lie outside the norms of international law and practice. The recent Report of the Senate Select Committee on Intelligence confirms that, beginning during the Bush Administration, interrogation and detention practices were put in place by the CIA that constituted torture and cruel, inhuman and degrading treatment. Practices once condemned under law and international treaty were soon redefined by the Justice Department to permit a “culture of torture” to proliferate under U.S. policy. These practices quickly spread to the detention centers of the Department of Defense and throughout the theaters of war. While legal progress has been made to limit these policies and practices, significant remnants remain under your authority. We write to you today to urge you to eliminate all existing procedures allowing for torture or cruel, inhuman or degrading treatment of detainees.
In 2009, via Executive Order 13491, your administration officially announced its intention to end the torture practices developed and instituted under the Bush Administration. Interrogation practices that did not conform to the Army Field Manual were abolished. However, as documented by numerous legal and human rights groups, as well as by former interrogators,[1] the Army Field Manual still includes abusive techniques in violation of these standards.
We concur with the recent recommendation of the Institute on Medicine as a Profession (IMAP)/Open Society Foundations report [2] calling for you to issue a new executive order banning interrogation techniques using isolation, sleep deprivation, exploitation of fear, and other methods that violate international standards regarding torture and other forms of cruel, inhuman, and degrading treatment. We, too, urge you to remediate the ethical standards of the Army Field Manual via executive order.
The current edition of the Army Field Manual (2006) officially supports interrogations using “approach techniques,” including the creation, manipulation, and intensification of phobias and fears in prisoners (“Fear Up”) and the calculated psychological attack against ego or self-esteem (“Emotional Pride and Ego Down”). The “Emotional Futility” approach intends to create a perception in a prisoner that “resistance to questioning is futile.” The manual describes the purpose of this technique as engendering “a feeling of hopelessness and helplessness” in a detainee and notes the “potential for application of the pride and ego approach to cross the line into humiliating and degrading treatment of the detainee.”
Also problematic on both basic health and human rights grounds is Appendix M, added to this most recent version of the Army Field Manual (2-22.3). This special annex proposes a technique known as “Separation,” which includes the use of solitary confinement, sleep deprivation, forms of sensory deprivation, and environmental manipulations — all of which could theoretically be extended indefinitely — as ostensibly legitimate forms of treatment on “unlawful combatants.” The United Nations Special Rapporteur on Torture [3] and independent human rights organizations describe such practices as torture and/or cruel, inhuman, and degrading treatment. As health professionals and human rights advocates, we are disturbed that such techniques are conducted under an official capacity and by executive order.
We are particularly concerned that health professionals, including psychologists, have been engaged to support such efforts, directly or indirectly, in violation of their ethical obligations and in violation of the policies of their professional associations.
As you must be aware, these practices are not only cruel, but also yield questionable intelligence and contribute to a perception of our country as a systematic violator of human rights. It would serve as a strong and principled legacy of your Administration if these remaining practices of torture, cruel, inhumane or degrading treatment were finally and definitively ended.
We look forward to your timely response.
Sincerely,
Steven Reisner, PhD
President
Psychologists for Social Responsibility
cc: Defense Secretary Chuck Hagel
Steven Reisner is President of Psychologists for Social Responsibility (www.psysr.org) and is a founding member of the Coalition for an Ethical Psychology (www.ethicalpsychology.org).
Notes.
[1] Scott Horton, “Interrogators C click here//harpers.org/blog/2010/11/interrogators-call-for-the-elimination-of-appendix-m/
[2] Ethics Abandoned: Medical Professionalism and Detai nee” target=”_blank”>Abuse in the “War on T/a>error”, IMAP/OSF Task Force Report, Nov. 2013. URL: http://www.imapny.org/File Library/Documents/IMAP-EthicsTextFinal2.pdf
[3] ”Solitary confinement should be banned in most ca ses,” target=”_blank”> UN expert says,” UN News C” target=”_bnk”>k”> UN expert says” target=”_blank”>nk”>k”> UN ex” target=lank”>lank”>nk”>” target=”_blank”> k”> UN expert says,” UN News Centre, Oct. 18th, 2011. URL: https://www.un.org/apps/news/story.asp?NewsID=40097
SUSTAINED AND ABSOLUTE INCOMPETENCE
Da Russophile | May 1, 2014
Monday 21st: front page story on NYT “Photos Link Masked Men in East Ukraine to Russia”, ah hah! proof at last!; a bit of doubt surfaces on Wednesday; entire story trashed Thursday: “Aftermath of Ukraine Photo Story Shows Need for More Caution”. When I was a kid, CIA confections lasted a lot longer than a couple of days. So, into the bin along with the Jewish registration letter, captured “OSCE observers” and soon to be followed by the new intercepts. All I see from Washington is desperation piled on incompetence: none of this has turned out the way it was supposed to and no one has any idea of what to do next. So turn the volume up, desperately clutch at any story, hysterically accuse RT of propaganda when all it’s doing is accurately quoting you, announce more sanctions based on the dopey assumption that Putin has billions stashed in the West and move military forces to irrelevant places like Poland or Romania. The Micawber school of diplomacy.
- “Containment” is the new mantra for dealing with Russia in Washington these days. But has anyone there read the original? (Original telegram, subsequent article). Apart from the fact that George Kennan was strongly against NATO expansion, which is one of the two Original Sins of today’s Ukrainian catastrophe, the conditions Kennan saw in 1946 simply do not apply today. In essence Kennan was arguing that the inner constructions and logical implications of the Marxist-Leninist ideology did not correspond well with reality and therefore, over the long haul, it would not survive. Assuming that the USA would survive because it was better connected to reality, he expected the USA to outlast the USSR, given patience and prudence. This proved correct over the next half-century. Who believes this to be the case today other than the few crazies who still think Marxism-Leninism rules in Russia? And, speaking of perception of reality, one might compare any statement by Lavrov with Slaughter’s article below or any bloviation from Kerry. Or, thinking long-term as Kennan did, who can be confident that the USA will be Number One in 50 years? Or 25? Or even 10? They say China is about to become the premier economy this year. Deng’s reforms began only 35 years ago… What will the world look like in another 35?
- To give you an idea of the level of impassioned lunacy in Washington these days, read “Stopping Russia Starts in Syria”. Essentially the argument is that Obama should bomb Syria in order to show Putin he is serious about using force. Or something. “Striking Syria might not end the civil war there, but it could prevent the eruption of a new one in Ukraine”. Gibbering nonsense, eh? And incoherently erected on idiotic assumptions. But the author is not some bizarro from the outer fringes of the Net; it is Anne-Marie Slaughter, academic and quondam director of policy planning in the US State Department and now President of the New America Foundation. Mainstream madness.
KIEV’S WEAKNESS
Another US official visits, another “anti-terrorist operation”, another fizzle. This piece (rather poorly translated) gives a clue why. We have already seen in previous events that what remains of the Ukrainian Armed Forces are unwilling to get involved – even the supposedly elite airborne forces handed over their weapons rather than shoot. The so-called special forces are no better. The local police sympathise with the rebels. Now we see the ineffectiveness of the new “National Guard” made up of western Ukrainian nationalists: not even they, under-equipped, unfed and unpaid, are willing or competent. Kiev simply hasn’t got anyone to do its will no matter how much Biden and Brennan might prod it. And a couple of nights ago a riot between two different flavours of super-nationalists in Kiev itself. “Ukraine” no longer exists; Washington and Brussels have broken it in half.
NAVY
Russia has handed over to Ukraine 13 of the 70 Ukrainian Navy warships it acquired when their crews switched sides.
CONSEQUENCES
Debka (which I regard as not always wrong) claims Putin has approved the sale of the S-400 SAM system to China. Said to be pretty advanced; here’s some marketing porn for it. And other signs of closeness: big investment, naval exercise. The first fruits of the many unintended consequences of Victoria Nuland’s grand scheme.
© Patrick Armstrong Analysis, Ottawa, Canada (http://www.russiaotherpointsofview.com/ http://us-russia.org/)
The B61 Family of Nuclear Bombs
By Hans M. Kristensen* | April 27, 2014
… The Obama administration is about to give birth to the newest member of the B61 family: the B61-12. And this is a real golden baby estimated at about $10 billion. …
Although based on the same basic warhead design first developed in the 1960s, the capabilities of the remaining version vary considerably with explosive yields ranging from 0.1 kilotons to a whopping 400 kilotons – more than 30 times as powerful as the bomb that destroyed Hiroshima in 1945.
Now the Obama administration has proposed that four of the remaining versions (B61-4, B61-7, B61-10, and B61-11) can be retired if the last version – the B61-4 – is converted into a guided standoff nuclear bomb. An even larger bomb, the B83-1, can also be retired, they say (even though its retirement was planned anyway).
The sales pitch is as arcane as the family name: building a new bomb is good for disarmament.
But most of the B61 bombs and the B83 could probably be retired anyway for the simple reason that deterrence no longer requires six different ways of dropping a nuclear bomb from an aircraft. A much simpler and cheaper life-extended version of the B61-7 could probably do the job.
Implications
The new B61-12 will be capable of holding at risk the same targets as current gravity bombs in the US stockpile (apparently even those currently covered by the B61-11 nuclear earth-penetrator that the Air Force no longer needs), but it will be able to do so more effectively and with less yield (thus less collateral damage and radioactive fallout) than the existing bombs.
Congress rejected Air Force requests for new, low-yield, precision-guided nuclear weapons in the 1990s because of concern that such weapons would be seen as more usable than larger strategic warheads. With the B61-12, which will have several low-yield options, the military appears to obtain a guided low-yield nuclear strike capability after all.
In Europe, the effect of the B61-12 will be even more profound because its increased accuracy essentially will add high-yield targeting capability to NATO’s non-strategic arsenal. When mated with the stealthy F-35A fighter-bomber planned for Europe in the mid-2020s, the B61-12 will represent a considerable enhancement of NATO’s nuclear posture in Europe.
How they’re going to spin that development at the nuclear Non-Proliferation Treaty Review Conference in New York next year will be interesting so see. But the B61-12 program is part of a global technological nuclear arms race with nuclear weapon modernization programs underway in all the nuclear-armed states that is in stark contrast to the wishes of the overwhelming number of countries on this planet to see the “cessation of the nuclear arms race at early date and to nuclear disarmament,” as enshrined in the nuclear Non-Proliferation Treaty (more about that in the May issue of Arms Control Today).
*This excerpted content has been made available at the USS Bennington blog where a link to the entire article can be found.
The Fool, the Demagogue and the Former KGB Colonel
By Edward S. Herman • Z Magazine • May, 2014
The fool is John Kerry, who has looked bad in his rushing around between Washington and Tel Aviv trying to get in place a “framework” agreement between Israel and the Palestinians that would show progress in the efforts of the honest broker, assailing Nicholas Maduro of Venezuela for his “terror campaign against his own people,” and, of course, denouncing the Russians for their “aggression” against the coup-regime of Ukraine. His statement that “You just don’t in the 21st century behave in 19th century fashion by invading another country on a completely trumped-up pretext,” has to be regarded as an Orwellian classic, and may be his signifier in future history books, in the unlikely event that he makes it at all. His punch line has been the subject of many jokes and laughs in the dissident media, but the mainstream media have hardly mentioned it and certainly haven’t made it the butt of jokes and a basis for discrediting the man (just as there has been no discrediting of Madeleine Albright based on her statement on national TV that killing 500,000 Iraqi children via the sanctions of mass destruction in the 1990s, which she helped engineer, “was worth it”).
Of course, it is possible that Kerry really believed he was speaking truths, having internalized the assumptions that flow from U.S. “exceptionalism,” which make words like “invasion,” “aggression” and “international law” inapplicable to us as the world’s policeman; and what might be a “completely trumped up pretext” if offered by the Russians is only a slight and excusable error or misjudgment when we do it. And after all the New York Times quickly used the word “aggression” in editorializing on the Crimea events (“Russia’s Aggression,” March 2, 2014), whereas it never used the word to describe the invasion-occupation of Iraq, nor did it mention the words “UN Charter” or “international law” in its 70 editorials on Iraq from September 11, 2001 to March 21, 2003.1
A bit more subtle but more calculated, dishonest, hypocritical, often absurd, and demagogic were the words of President Barack Obama, speaking in Belgium, as he tried to confute the charges of hypocrisy that Russian President Vladimir Putin leveled against Western denunciations of the Crimean independence vote and subsequent Russian absorption of Crimea. (“Remarks by the President in Address to European Youth,” Brussels, March 23, 2014). It is amusing to see how outrageously he can twist history and his own record. According to Obama our founding fathers put into our “founding documents” the beautiful concept that “all men—and women—are created equal.” He apparently forgot about slavery and the 3/5th value per slave for the South’s representation credit, and that women didn’t get the vote till the twentieth century. He speaks about the ideal of “uncensored information” that will “allow individuals to make their own decisions,” but this is the man who has worked hard to control the flow of information and to make it costly for whistleblowers to break through a growing wall of government secrecy.
Obama is aghast at “the belief among some that bigger nations can bully smaller ones to get their way—that rejected maxim that might somehow makes right.” The United States has its immense military budget and 800-plus military bases not to allow it to bully smaller nations but for its national security! He is also impressed with Russia’s “challenging truths that only a few weeks ago seemed self-evident… [including] that international law matters.” This statement is brazen given that U.S. officials (e.g., Dean Acheson, Madeleine Albright) have explicitly stated that they don’t take international law seriously in fixing U.S. policy; that Obama’s predecessor George W. Bush dismissed it as a joke — “International law? I better call my lawyer; he didn’t bring that up to me” — and we can observe a steady, even growing, stream of actions that violate international law, including many engineered by Obama. Violating international law is as American as apple pie.
Putin, of course, pointed this out in reference to Iraq, but Obama answers him: ”Now it is true that the Iraq war was a subject of vigorous debate not just around the world but in the United States as well. I participated in that debate and I opposed our military intervention there. But even in Iraq, America sought to work within the international system. We did not claim or annex Iraq’s territory. We did not grab its resources for our own gain. Instead we ended our war and left Iraq to its people and a fully sovereign Iraqi state that could make decisions about its own future.”
We may note the laughable evasion of the issue of “international law,” which he has said really “matters” in considering Russian actions, but dodges in addressing the U.S. case. His mentioning a “vigorous debate” is not only irrelevant to the question of law violation, it is also highly deceptive, as it is well established that Bush and his small coterie of advisers had determined to attack Iraq long before any public discussion of the subject, and they picked on “weapons of mass destruction” as the excuse on the basis of its saleability. So it was an aggression built on a lie and then ultimately in a “trumped up case.” On the “working within the international system,” the UN Charter is basic to a meaningful international system, and the invasion was a gross violation of that key ingredient. He brags that we didn’t steal their resources and eventually got out. He doesn’t point out that we got out only after many years of killing and destruction which actually helped create a resistance that, in effect, pushed us out. He doesn’t mention that our major international law violation in Iraq was responsible for the death of probably a million people, the creation of four million refugees, and huge material destruction. By contrast, that awful Russian action in the Crimea seems to have resulted in fewer than half a dozen deaths.
Obama also fails to mention that Iraq is far away from the United States, and the U.S. attack there was an acknowledged “war of choice” that had nothing to do with protecting U.S. security. Crimea, by contrast, is adjacent to Russia, its people are linguistically and culturally close to Russia, it houses a major Russian naval base, and the coup in Kiev, engineered with the support of the United States and other NATO powers, posed a genuine security threat to Russia. Its leaders were taken unawares by the coup and threat to its naval base, and its moves were arguably defensive and a “war of necessity.”
The referendum carried out in Crimea, which produced an overwhelming vote supporting secession from Ukraine and integration into Russia, would seem like a relatively democratic procedure and consistent with the principle of self-determination. Obama and company found it a violation of Ukraine’s sovereignty and a violation of international law. Here we have two principles seemingly at odds with one another, and in this case the United States and its allies chose the one that serves their interest and the Russians go for the other. But Putin points out that in the case of Kosovo as part of Serbia, the NATO alliance strongly supported a secession on self-determination principles.
Obama tries to rebut Putin’s mentioning of Kosovo, saying “But NATO only intervened after the people of Kosovo were systematically brutalized and killed for years. And Kosovo only left Serbia after a referendum was organized not outside the boundaries of international law, but in careful cooperation with the United Nations and with Kosovo’s neighbors. None of that even came close to happening in Crimea.” But NATO didn’t just “intervene,” it carried out a massive bombing war that was itself a violation of the UN Charter and hence of that sacred “international law” to which Obama is so devoted. Obama ignores the fact that the CIA had been training KLA terrorists in Kosovo for some time (and they had been designated “terrorists” by U.S. officials) and the KLA was well aware that actions that induced Serb retaliation would serve their interests in helping justify a NATO attack. The day before the NATO bombing war began the British Defence Minister told the British Parliament that the KLA had probably killed more civilians in Kosovo than the Serb army.
Obama also lies on an alleged referendum in Kosovo—none took place. On February 17, 2008, the Kosovo Albanian-dominated parliament issued its Declaration of Independence, and that sufficed for the United States and its closest allies, now so indignant at the Crimea referendum. That Kosovo vote also took place after a NATO war and Kosovo Albanian actions had driven large numbers of Serb and Roma residents out of Kosovo. The United States constructed a huge military base in Kosovo during its war and occupation of Kosovo, which was not agreed to by Serbia or by any vote of the Kosovo or Serbian population. Russia had a naval base in the Crimea by long-standing agreement with the Ukraine government. It didn’t bomb the Ukraine as a prelude to the referendum vote and the vote was essentially uncontested and unprotested by any local constituencies. So as Obama says, there is no comparison between the two cases.
Obama draws a picture of the freedom loving West, with NATO standing as a vigilant sentinel, with the dark and evil forces behind the Iron Curtain being kept at bay. “The United States and NATO do not seek any conflict with Russia… Since the end of the Cold War, we have worked with Russia under successive administrations to build ties of culture and commerce and international community.” But he admonishes that Russia must be a “responsible” power. “Just because Russia has a deep history with Ukraine doesn’t mean it should be able to dictate Ukraine’s future. On the fundamental principle that is at stake here—the ability of nations and peoples to make their own choices—there can be no going back. It’s not America that filled the Maiden with protesters—it was Ukrainians. No foreign forces compelled the citizens of Tunis and Tripoli to rise up—they did so on their own.”
Obama fails to mention that since the end of the Cold War NATO has worked steadily, in violation of a pledge by U.S. officials not to move “one inch” toward the Russian borders, to encircle Russia, to press up against its borders, and to support border regime leaders openly hostile to Russia. So Western support of a regime hostile to Russia in Ukraine would have to be regarded by Russian officials as an unfriendly and threatening action. Obama’s claim that it was only Ukrainians who were protesting in Maiden twists the evidence, as the United States was actively supporting some of them, including the most violent, and was therefore itself trying to “dictate Ukraine’s future.” It is notorious that a compromise transition government plan negotiated between Ukrainian factions, with EU support, was quickly overturned by violent protesters, leading immediately to the coup government headed by Victoria Nuland’s first choice, and effectively “fucking the EU’s” effort to end the strife peaceably. The unelected government then in place, loaded with right wingers in strategic positions, represented a non-Russian “dictation” of Ukraine’s government, and one that definitely threatened Russians within Ukraine and the Russian state. In that context the Crimean referendum represented an important and justifiable case of where the ability of “peoples to make their own choices” (Obama) was applicable.
An argument can be made that the Western, and mainly U.S., intervention and role in overthrowing the elected government of Ukraine was a form of aggression against Russia, which would make Russian actions actually a response to aggression. An important modern form of Western-sponsored regime change has been via encouragement, training and material and propaganda aid to dissident groups that disorganize and discredit a target government and help dislodge it from power. This is done under the PR heading of “democracy promotion,” but it is often de facto “democracy demotion.” This is not done in Bahrain or Saudi Arabia, but rather in Serbia, Ukraine and Venezuela. The government displaced in Ukraine was elected; the coup government that has replaced it was not. In his Brussels speech Obama mentions that ”Latin American nations rejected dictatorship and built new democracies,” but he fails to point out that scads of those dictatorships were U.S. sponsored, and that while it supported tyranny in Venezuela for many years, the United States has been consistently hostile to the left-oriented Bolivarian democracy that has been in place for more than a decade; and that while Obama was speaking in Brussels his government was encouraging the often violent protesters in Caracas, denouncing Maduro, and threatening sanctions and more in the traditional U.S. “democratic demotion” mode. (See Kerry’s pugnacious statement of March 13, 2014 before the House Foreign Affairs Committee on “Advancing U.S. Interests Abroad: The FY 2015 Foreign Affairs Budget.”)
Comparing Vladimir Putin’s address to the Russian Federation on March 18, 2014 dealing with the Crimean referendum and associated crisis with Obama’s March 23rd address in Brussels is no contest—Putin wins hands down. This, I believe, is a result of the fact that Russia is under serious attack and threat by the United States, which is a still expanding empire that cannot tolerate serious rivals and actually turns them into enemies that must resist. This is mainly Russia and China, and U.S.-NATO actions have succeeded in transforming Russia from a virtual client in the Yeltsin era to the enemy and ”aggressor” today. It is amazing to see how the mainstream media and intellectuals can fail to see the security threat to Russia posed by the Western-underwritten change in government in Kiev, and the continuity in the extension of this threat in NATO’s steady expansion on Russia’s borders. And the double standard on aggression and international law is breath-taking. Putin sardonically notes , “Firstly, it’s a good thing that they at least remember that there exists such a thing as international law—better late than never.” He makes his point in low key and with wit. Obama is never funny in Brussels and his stream of clichés and misrepresentations is painful. He is defending the indefensible, and his target looks good by comparison, both intellectually and morally.
But Putin is the loser in mainstream America. He is a victim of the standard demonization process that is applied to any challenger or target of the imperial state. It is amusing to see him so often referred to as the “former KGB colonel”—can you imagine the U.S. media regularly referring to George Bush-1 as the “former head of the CIA”? And, of course, every blemish in his career, and they are real—Chechnya, his position on gay rights, the weakness of Russian democracy and power of the oligarchs (which he inherited from the U.S.-supported Yeltsin)—is featured regularly. But underneath this all is the fact that he represents Russian national interests, which conflict with the outward drive and interests of the U.S. imperial elite.
For just a tiny illustration of the bias. We may consider the media treatment of the Pussy Riot band, jailed after an action in a major Moscow church, and made into virtual saints in the U.S. media. They feature the badness of Putin and his Russia. The New York Times had 23 articles featuring the Pussy Riot band from January 1, 2014 through March 31, a number of them with pictures of the band visiting various places in New York. They met with the Times editorial board and were honored by Amnesty International and Human Rights Watch, among others. They are not good musicians and often do things that would land them in jail in the United States, but they denounce Putin.
One of them, Maria Alyokhina, was even given op ed space in the paper (“Sochi Under Siege,” February 21). Two interesting contrasts: John Mearsheimer, a University of Chicago political scientist and author of several important books on foreign affairs, wrote an op ed column “Getting Ukraine Wrong,” published on March 14 in the International New York Times, but not in the U.S. print edition. His message was too strong for the main NYT vehicle as he argued that “The taproot of the current crisis is NATO’s expansion… and is motivated by the same geopolitical considerations that influence all great powers, including the United States.” This is not opinion and analysis fit to print.
Another interesting comparison is this: in February 2014, while the trials and opinions of Pussy Riot were hot news, the 84 year old nun, Sister Megan Rice, was sentenced to four years in prison for having entered a nuclear weapons site in July 2012 and carried out a symbolic action there. The New York Times gave this news a tiny mention in its National Briefing items under the title “Tennessee Nun is Sentenced for Peace Protest,” on February 19, 2014 on page A12. Megan Rice was not invited to visit the Times editorial board or write an opinion column. Her sentencing was news barely fit to even marginalize.
- Howard Friel and Richard Falk, The Record of the Paper, chap. 1.
Trade legerdemain on both sides of the Atlantic
By Pete Dolack | Systemic Disorder | April 23, 2014
The Democratic Party has responded to the resistance against ramming through new trade agreements by giving the process a new name. “Fast-track” has been rebranded as “smart-track” and, voilà, new packaging is supposed to make us forget the rotten hulk underneath the thin veneer.
Don’t be fooled. The Obama administration and its Senate enablers are nowhere near giving up on its two gigantic trade deals, the Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership. Because the stealthy “fast track” route — special rules speeding trade legislation through Congress with little opportunity for debate and no possibility of amendments — is the only way these corporate wish lists can be enacted, a “rebranding” is in order.
The new chair of the U.S. Senate’s Finance Committee, Oregon Democrat Ron Wyden, earlier this month, in a speech given to apparel-industry corporate executives, announced his intention to replace the “fast track” process with a “smart track” process. That is noteworthy because the Finance Committee has responsibility in the Senate for trade legislation. It also noteworthy because Senator Wyden has voted to approve the last five U.S. “free trade” agreements, going back to 2005.
Although the Transatlantic Partnership being negotiated between the United States and the European Union receives less attention than the 12-nation Trans-Pacific Partnership, neither has much chance of passing without special fast-track authority. Should Congress agree to grant the White House fast-track authority, the Obama administration would negotiate a deal and submit the text for approval to Congress under rules that would prohibit any amendments or changes, allow only a limited time for debate, and require a straight yes or no vote.
None other than the previous U.S. trade representative, Ron Kirk, said the Trans-Pacific Partnership has to be secret because if people knew what was in it, it would never pass. We should take him at his word.
Tell the people what they want to hear
On the surface, Senator Wyden’s speech to the American Apparel & Footwear Association Conference on April 10 sounds conciliatory. He made the standard ritual references, calling for trade agreements that create jobs and “expand … the winners’ circle.” The senator proclaimed:
“I want to be very clear: only trade agreements that include several ironclad protections based on today’s great challenges can pass through Congress. I am not going to accept or advance anything less.”
He did not fail to declare that “strong standards and enforcement” on labor and environmental standards “is an imperative.” But we can be forgiven skepticism here because Senator Wyden had this to say on existing labor and environmental standards:
“People on all sides of the trade debate should more openly acknowledge the progress in these areas and the hard work that went into getting those reforms.”
Progress? There are no enforceable rules concerning these areas in existing trade agreements such as the North American Free Trade Agreement. Lost jobs, reduced wages, more unemployment, higher food prices and reversals of environmental laws have invariably been the results. Unaccountable, secret tribunals staffed by corporate lawyers have enabled corporations to overturn regulations in all three NAFTA countries — and the U.S. government, in its current trade negotiations, wants rules even more weighted in favor of multi-national corporations than exists in NAFTA.
If this is what Senator Wyden considers to be “progress,” what possible basis could there be for believing the Trans-Pacific and Transatlantic partnerships will deliver anything other than more corporate-dictated austerity?
The existing version of fast-track legislation — the Bipartisan Congressional Trade Priorities Act of 2014, better known as the Camp-Baucus bill — was effectively dead not long after its January release. It was expected that a new version of fast-track, with a couple of small, cosmetic changes and a cover story that opponents had been heard, would come. Senator Wyden has not disappointed, and it’s coming perhaps quicker than activists expected. This will become a hot potato as the November mid-term elections approach, so the senator was careful in his speech to not provide a timetable:
“I am going to work with my colleagues and stakeholders on a proposal that accomplishes these goals [of more transparency] and attracts more bipartisan support. As far as I’m concerned, substance is going to drive the timeline.”
‘Consultation’ only to let people vent
The perception of more transparency and public participation is all that we are likely to see, perhaps on the model of the European Union’s new public-consultation process. The process centers on a web site that E.U. citizens can use to fill out a questionnaire. The page is complicated to use, and has a 90-minute time limit, after which any imputed data is wiped out. Write fast! And for good measure, the E.U. trade commissioner, Karel De Gucht, once again declared, in his last visit to Washington:
“[W]e are happy to be scrutinized on this: no standard in Europe will be lowered because of this trade deal; not on food, not on the environment, not on social protection, not on data protection. I will make sure that [the Transatlantic Trade and Investment Partnership] does not become a ‘dumping’ agreement.”
Neither his office, nor that of the U.S. trade representative, Michael Froman, have been kind enough to share with the public when the next Transatlantic negotiating session will be held. There has been no lack of communication with corporate lobbyists, however. A European public-interest group, Corporate Europe Observatory, requested documents from the European Commission (the bureaucratic arm of the E.U.) to discover with whom E.U. negotiators are consulting.
It was revealed that of 127 closed meetings concerning the Transatlantic Partnership talks, at least 119 were with large corporations and their lobbyists. The Observatory reports:
“The list of meetings reveals that … there is a parallel world of a very large number of intimate meetings with big business lobbyists behind closed doors — and these are not disclosed online. These meetings, moreover, were about the EU’s preparations of the trade talks, whereas the official civil society consultation was merely an information session after the talks were launched. The Commission’s rhetoric about transparency and about consulting industry and NGOs on an equal basis is misleading and gives entirely the wrong impression of [the European Commission’s] relations with stakeholders.”
Three German Green Party members of the European Parliament (Ska Kellar, Rebecca Harms and Sven Giegold) have leaked the E.U.’s position paper on the Transatlantic Partnership negotiations (Members of the European Parliament are shut out of the negotiations.) Although this leak offers only a glimpse at E.U. negotiating positions, Europeans have a basis for concern. A rough English translation of the leaked document (available only in German) states:
“The agreement will provide for the reciprocal liberalization of trade in goods and services and rules on trade-related issues, which it pursues through ambitious goals that go beyond what is available via the existing WTO commitments.”
Although it also says the agreement will include a “general exception clause” on the basis of articles XX and XXI of the General Agreement on Tariffs and Trade (GATT), which purport to allow exceptions to trade agreements when necessary to safeguard human, animal or plant life or health, such clauses are meaningless. Other agreements have similar clauses, but are consistently superseded by rules such as Article 12.6 of the Trans-Pacific Partnership text that “Each Party shall accord to covered investments treatment in accordance with customary international law.”
‘Customary law’ is what a secret tribunal says it is
Precedents handed down in secret tribunals are what constitute “customary international law.” That the E.U. negotiators intend to “go beyond” the rules of the World Trade Organization should leave no doubt that “law” as desired by multi-national corporations is what is contemplated. Indeed, the leaked E.U. text states an intention to:
“Provide a level playing field for investors in the U.S. and in the EU. … The agreement should provide an effective mechanism for the settlement of disputes between investors and the state.”
That goal should be borne in mind when evaluating the E.U.’s April 10 announcement that it has refused to include the standard investor-state dispute rules in its proposed trade agreement with Canada, despite Canada’s now dropped insistence that it be included. Inside U.S. Trade reports that:
“Canada and the EU have agreed to a ‘closed list’ approach toward defining what constitutes a breach of fair and equitable treatment that was proposed by the EU. … The closed list that the two parties agreed upon is comprised of: denial of justice in criminal, civil or administrative proceedings; a fundamental breach of due process; manifest arbitrariness; targeted discrimination on manifestly wrongful grounds; and abusive treatment of investors.”
On the surface, the “closed list” approach to the bases over which a corporation can sue a government appears to have narrowed from the more common approach that places no limits on corporate suits. But, critics say, the list of arbitrable issues remains open-ended and open to corporate abuse. The Canadian public interest group International Institute for Sustainable Development, in a recently updated paper, warns:
“The definition of investment is defined too broadly, covering any kind of asset, independent of whether or not investments are associated with an existing enterprise in the host state. … [The E.U. proposal would] make the concept of fair and equitable treatment very open-ended and, as a consequence, highly problematic.”
The agreed-upon language, by not defining what constitutes an “asset,” would enable corporations unlimited opportunities to sue governments. Any rule or regulation that a corporation says will reduce its profits remains eligible to be overturned under the precedents of “customary international law.” The text of the agreements — and how they are likely to be interpreted — count for vastly more than the happy talk of trade negotiators, whichever side of the Atlantic or Pacific oceans.
European countries with strong regulations on the environment or food safety are at grave risk from the U.S., and environmental laws everywhere are prime targets. Activist work against these multi-national trade agreements has gained momentum in the past year, but there is much work to be done to stop what constitutes the most destructive corporate power grabs yet. Popular pressure is the only means to stop the Trans-Pacific, Transatlantic and Canada-E.U. trade deals. The next task will be to reverse existing trade deals that have done so much damage.
Honduras: Gangsters’ Paradise
By Nick Alexandrov | CounterPunch | April 25, 2014
Nearly five years after the Inter-American Commission on Human Rights (IACHR) first called on the Honduran government to protect Carlos Mejía Orellana, the Radio Progreso marketing manager was found stabbed to death in his home on April 11. “The IACHR and its Office of the Special Rapporteur consider this a particularly serious crime given the precautionary measures granted,” the Commission stated, assuming Mejía really was being guarded. But since the 2009 coup, asking the Honduran state to defend journalists is as effective as entreating a spider to spare a web-ensnared fly.
The coup, which four School of the Americas (SOA) graduates oversaw, toppled elected president Manuel Zelaya, and was “a crime,” as even the military lawyer—another SOA alum—charged with giving the overthrow a veneer of legitimacy couldn’t deny. A pair of marred general elections followed. Journalist Michael Corcoran recognized widespread “state violence against dissidents” and “ballot irregularities” as hallmarks of the first, in November 2009, which Obama later hailed as the return of Honduran democracy. And there was little dispute that the subsequent contest, held last November, was equally flawed. The State Department, for example, admitted “inconsistencies” plagued the vote, the same charge Zelaya himself leveled and an echo of the SOA Watch delegation’s findings, which identified “numerous irregularities and problems during the elections and vote counting process[.]” But while grassroots and governmental observers described the election in similar terms, they drew dramatically different conclusions about its validity. Canadian activist Raul Burbano, for example, acknowledged that “corruption, fraud, violence, murder, and human rights violations” dominated the situation. For Secretary of State Kerry, “the election process was generally transparent, peaceful, and reflected the will of the Honduran people.”
Kerry, to be sure, was referring to the class of “worthy” Hondurans, whose will was indeed reflected in the contest. One might be “a policeman, a lumber magnate, an agro-industrialist, a congressman, a mayor, an owner of a national media outlet, a cattle rancher, a businessman, or a drug trafficker”—all belong to this sector, Radio Progreso director Rev. Ismael Moreno Coto, S.J., known as Padre Melo, points out, adding that these “worthy” Hondurans use the state as a tool to maintain, if not enhance, their power. The results for the rest of the population are what you’d expect. The government no longer pays many of its employees, for example; Peter J. Meyer’s Congressional Research Service report on “Honduran-U.S. Relations,” released last July, cites “misused government funds” and “weak tax collection” as two factors contributing to the current situation, a kind of wage slavery sans wages. Doctors, nurses and educators toil for free throughout the country, and the Center for Economic and Policy Research reported last fall that over 43% of Honduran workers labored full-time in 2012 without receiving the minimum wage. That same year, nearly half of the population was living in extreme poverty—the rate had dropped to 36% under Zelaya—and 13,000 inmates now crowd a prison system designed for 8,000. In San Pedro Sula, the second-largest city after Tegucigalpa, some 5,000 children try not to starve to death while living on the streets; this figure includes 3,000 girls, aged 12-17, who roam the roads as prostitutes.
Confronting this reality—asking fundamental questions, like whose interests dominant Honduran institutions serve—“means living with anxiety, insecurity, suspicion, distrust, demands, warnings, and threats. It also means having to come to grips with the idea of death,” Padre Melo emphasizes, explaining that a reporter in Honduras “only has to publish or disseminate some news that negatively affects the interests [of] a powerful person with money and influence…for the life of that news reporter to be endangered.” Melo was making these points in July 2012, well before Mejía’s recent murder, but when it was already obvious that open season had been declared on Honduran correspondents. It’s likely that “few observers could have foreseen the deluge of threats, attacks, and targeted killings that has swept through Honduras during the last five years,” PEN International noted in January, highlighting “the surge in violence directed against journalists following the ouster of President José Manuel Zelaya in June 2009.” A great deal “of the violence is produced by the state itself, perhaps most significantly by a corrupt police force,” and now over 32 Honduran journalists—the equivalent U.S. figure, as a percentage of the total population, would be well over 1,200—are dead.
These killings are part of a broader Honduran trend, namely what Reporters Without Borders calls “a murder rate comparable to that of a country at war—80 per 100,000 in a population of 7 million.” One crucial battlefield is the Bajo Aguán Valley, where at least 102 peasant farmers were killed between January 2010 and May 2013. The conflict there can be traced back to the ’90s, when a “paradigm promoted by the World Bank” spurred “a massive re-concentration of land in the Aguán into the hands of a few influential elites,” Tanya Kerssen writes in Grabbing Power, her excellent book. These land barons, particularly Dinant Corporation’s Miguel Facussé, thrived as “the Aguán cooperative sector was decimated,” some three-quarters of its land seized, Kerssen concludes. Campesinos, suddenly dispossessed, first sought legal recourse, which failed. They subsequently “protested and occupied disputed land,” Rights Action’s Annie Bird observes in an invaluable study (“Human Rights Violations Attributed to Military Forces in the Bajo Aguán Valley in Honduras,” February 2013), prompting government authorities to review the legitimacy of World Bank-promoted territorial transfer. But the June 2009 coup ended this appraisal, and since then Honduras’ 15th Battalion, Washington-aided “since at least 2008,” has “consistently been identified as initiating acts of violence against campesino movements,” with police forces and Dinant’s security guards getting in on the kills, Bird explains
After Brazil, Honduras is the most dangerous place on the planet for land-rights defenders, according to “Deadly Environment,” a new Global Witness investigation, which notes that “more and more ordinary people are finding themselves on the frontline of the battle to defend their environment from corporate or state abuse, and from unsustainable exploitation.” At least 908 worldwide died in this conflict from 2002-2013, and Washington’s “counterdrug” policies in the region have helped raise the stakes, Dr. Kendra McSweeney’s research suggests. “In Honduras, the level of large-scale deforestation per year more than quadrupled between 2007 and 2011, at the same time as cocaine movements in the country also showed a significant rise,” BBC correspondent Matt McGrath summarizes her findings. “Once you start fighting” the traffickers, McSweeney elaborates, “you scatter them into more remote locales and greater areas become impacted,” as smugglers clear forests to build airstrips and roads, and “worthy” Hondurans in, say, the palm oil and ranching sectors capitalize on booming drug profits.
“Today it’s the same” as it was in the 1980s, Honduran activist Bertha Oliva remarked a year ago, referring to the decade when “the presence of the U.S. in the country was extremely significant,” and “it was clear that political opponents were being eliminated.” Obama’s Honduras policy is Reagan’s redux, in other words. The thousands of child prostitutes and street children, the prisons teeming with inmates, the scores of slaughtered peasants and dozens of murdered journalists—all indicate the type of nation Washington helps build in a region where it’s free to operate unimpeded, revealing which “American values” really drive U.S. foreign policy.
Nick Alexandrov lives in Washington, DC.
Internet for the Wealthy on the Way Unless We Stop It
By Kevin Zeese | Dissident Voice | April 24, 2014
In what the New York Times describes as “a net neutrality turnaround” the Obama administration’s new FCC chairman is proposing rules that will create an Internet for the wealthy. The new plan to create a pay to play Internet came to light Wednesday in the Wall Street Journal.
Under the plan wealthy corporations will be able to purchase faster service, while those that cannot do so will have slower service. Rather than an open Internet for all the US will be moving to a class-based Internet. Of course, this will mean that when Netflix and other corporations purchase faster Internet, the consumers who use their service will be paying more to watch movies and download information. As a result, more money will be funneled from working Americans to wealthy telecom giants.
We recently wrote that the United States has lost its democratic legitimacy and now was a plutocratic oligarchy. This is what plutocracy looks like – policies designed for the wealthy, so they can make more money from the rest of us.
The new rules, according to the people briefed on them, will allow a company like Comcast or Verizon to negotiate separately with each content company – like Netflix, Amazon, Disney or Google – and charge different companies different amounts for priority service.
That, of course, could increase costs for content companies, which would then have an incentive to pass on those costs to consumers as part of their subscription prices.
In the future, if a new start-up – the future Twitter or Facebook – begins it will have a very hard time competing with those who are established Internet companies because the slower service of the start-ups will make them less consumer friendly. As a result we can expect less creativity on the Internet. As Stacy Higginbotham wrote: “The plans took the hallmark of network neutrality — the notion that ISP shouldn’t discriminate between the traffic flowing over their networks — and turned it on its head.”
The proposal is being shared with other members of the Commission today. There will then be amendments suggested to garner majority support and the plan is to vote on the proposal on May 15,
Take action now. To Contact the Commissioners via E-mail
Chairman Tom Wheeler: vog.ccf@releehW.moT
Commissioner Mignon Clyburn: vog.ccf@nrubylC.nongiM
Commissioner Jessica Rosenworcel: vog.ccf@lecrownesoR.acisseJ
Commissioner Ajit Pai: vog.ccf@iaP.tijA
Commissioner Michael O’Rielly: Mike.O’vog.ccf@ylleiR
To call and contact commissioner’s offices, call 1-888-225-5322.
In addition, call your elected representatives. Tell them if net neutrality is ended, you will hold them accountable by withholding your vote. Both parties hope to control the senate after the mid-term elections, so you have more power than usual to let them know they are losing your vote if they fail to take action to stop the FCC proposal. The number for Congress is 202-224-3121.
Dear Commissioners:
I am writing to oppose rules that will allow for discrimination on the Internet — where the wealthy can purchase faster Internet service and everyone else continues to have slower service.
We do not want telecom giants and wealthy Internet companies to determine the future of the Internet. We want new ideas to flourish on the Internet and not be blocked because they do not have sufficient funds to purchase fast service and compete.
We do not want the Internet turned into another vehicle that allows money to flow from working Americans to the wealthiest — where they purchase fast service then charge consumers more money for rapid Internet service.
The proposal being considered would kill rather than protect Net Neutrality and allow rampant discrimination online. The Internet should be viewed as a public good and should be operated consistent with our rights to Freedom of Speech and Freedom of the Press. Turning the Internet into a pay to play scheme is unacceptable.
We demand an open Internet and real net neutrality.
Chairman Wheeler knows this proposal is going to be unpopular and in response to the Wall Street Journal and New York Times is denying there has been a “turnaround.” But, his statement is carefully worded and would allow exactly was has been reported.
How Did We Get To Class-Based Internet?
This move to end net neutrality should be placed at the door of President Obama and the US Senate. Obama appointed a former industry head to become chair of the FCC and the Senate unanimously confirmed him.
In April 2008 during his presidential campaign, Barack Obama took the side of the people saying: “The most important thing we can probably do is to preserve the diversity that’s emerging through the Internet…something called net neutrality. I will take a backseat to no one in my commitment to network neutrality.” While he campaigned as a populist he has governed as a plutocrat – on this issue and so many others.
When Tom Wheeler was nominated by President Obama to become the Chairman of the FCC many in the internet freedom community expressed deep concerns. For decades Wheeler had represented the telecom industry in Washington, DC. From 1979 to 1984, Wheeler headed the National Cable Television Association, now named the National Cable and Telecommunications Association. He then worked in the telecom industry for 8 years followed by taking over as head of the Cellular Telecommunications & Internet Assn. in 1992, leaving in 2005. Wheeler went on to become a major Obama fundraiser and adviser. In fact on his bio page at the FCC this is expressed as “He is the only person to be selected to both the Cable Television Hall of Fame and The Wireless Hall of Fame, a fact President Obama joked made him ‘The Bo Jackson of Telecom.’” Appointing Wheeler was akin to putting the industry in charge of the future of the Internet.
Now Wheeler is set to propose what the industry has wanted, an end to net neutrality, that will allow them to charge us more for service and created financial barriers that will prevent new services from challenging their domination of the Internet.
If you want an open Internet, take action today. We can stop this – but we must act now.
Please contact the people above and forward this to everyone you know.
6 Reasons Why Obama’s Clemency Program For Drug Offenders Doesn’t Change Mass Incarceration One Bit
By Bruce A. Dixon | Black Agenda Report | April 23, 2014
It’s all over the internet. The Obama administration is talking up the possibility of using presidential clemency powers to release some undetermined number, perhaps hundreds or even thousands of federal prisoners without wealth or political connections from their unjustly long drug sentences. But hold your hosannas, don’t get your hopes up. Though the precise numbers are unclear at this time, what’s unmistakably evident is that this is in no sense whatsoever the beginning of a rollback of America’s prison state. The releases, as the attorney general and government officials are describing them, will not represent any significant or permanent change to the nation’s universal policy of mass incarceration, mainly of poor black and brown youth. Here, in plain English are 6 reasons why.
- The Obama administration’s expected releases will use the president’s clemency powers. Presidential clemency amounts to forgiveness after the fact. Clemency does not change a single word or phrase in any of the galaxy of state and federal laws which have already sent literally millions to prison for absurdly long sentences for what authorities call “non-violent drug offenses,” and under which hundreds of thousands are currently serving those same sentences and hundreds of thousands more are awaiting trial and sentencing. Clemency leaves those laws in place, so that the places of those released will soon be filled again.
- Presidential clemency will set no legal precedents that current or future defendants in federal or state drug cases, their attorneys or sentencing judges can use to avoid the application of unjust existing laws, including harsh mandatory minimums and sentencing guidelines. Like the unjust statutes, the unjust legal precedents which have helped filled state and federal prisons to bursting will also remain intact.
- Presidential clemency will have no effect on the predatory conduct of police and prosecutors on the state or federal level. Police departments will remain free to conduct their “war on drugs” almost exclusively in poor and minority communities. Prosecutors will still be able to coerce defendants into accepting plea bargains, and threaten them with longer sentences if they go to trial. If only one in twenty defendants across the board and even fewer in federal court currently go to trial, what does that say about the ability or the willingness of our courts to even try determining guilt or innocence? Federal prosecutors have publicly thumbed their noses at Eric Holder’s feeble questioning of the war on drugs, stated their intention to continue filling the prisons and jails, and local prosecutors in the US are elected officials accustomed to running for office based on how many people they can lock up for how long.
- Presidential clemency can only be applied to federal prisoners, who are a mere 190,000, or 11% of the roughly 1.7 million currently serving time. (Another 600,000 are awaiting trial on all levels or serving misdemeanor time.) If we’re talking about federal prisoners serving drug related sentences, the universe shrinks to only 100,000, or 5% of the nation’s 2.3 million prisoners.
- There are more former prisoners than current ones. For the rest of their lives, former prisoners and their families are viciously discriminated against in a host of ways, in the job and housing market, in education and public services and in access to health care, all legally. That won’t change. Even the few that get this clemency won’t be protected from that.
- The federal government will NOT even be screening all federal drug prisoners to determine who is eligible for clemency. Attorney General Holder has instead announced that criminal defense lawyers and organizations like the ACLU are being asked to bring to the government’s attention to cases they imagine are most deserving of clemency. Don’t they have, you know, a Department of Justice for that? Depending on private organizations and attorneys to come up with the cases for possible clemency turns the whole thing into an exercise in philanthropy, not the fundamental change in governmental policy that people need, want and demand. It means that prisoners serving unduly long sentences who don’t have vigilant private attorneys and advocacy organizations on their case will remain unjustly imprisoned, while those with outside friends have a chance at early release.
The bottom line is that an act of presidential clemency, while good news for the lucky hundreds or thousands of families involved, will leave no legal footprint and make no institutional impact upon the universal policy of mass incarceration. For this reason, it’s exactly NOT a first step that can lead to something more. It’s a dead end. At the rate the pipelines are pumping them in, their cells will be refilled in a month or two, no problem. It’s hard to avoid the conclusion that this clemency initiative is nothing more than a lazy, cynical and nearly empty gesture it hopes will buy some black votes and good will in 2014 and beyond.
Is it better than nothing? Yes, of course. It’s just not that much better, and we definitely DO have a right to expect much, much better. There are millions locked up. A couple thousand may be released. But a million is a thousand thousands. The dead end of presidential clemency for a handful on the federal level simply does not scale even to the beginning of changing the institutional policies of mass incarceration. On that level it’s bogus. It will free not one state prisoner a day earlier and initiates no processes or lasting precedents that ever will. It will help none of the hundreds of thousands of families of former prisoners and won’t affect any cases in the pipeline, which will refill the slots of those who receive clemency in weeks, and it doesn’t change what police or prosecutors and courts do either.
This is not the result of some soaring vision of justice, and cannot lead to any lasting institutional change. It leaves the prison state completely intact, just giving the most hopeful and the most cynical something to talk about in the months leading up to another mid-term election, when the administration, and Democrats need the black vote.
It didn’t have to be this way. During the first two years of the Obama presidency, when his party had a lock on both houses of Congress, the president and congressional Democrats had a chance to write retroactive revocation of tens of thousands of sentences into its so-called Fair Sentencing Act. Despite this being a matter of desperate concern to the constituency that elected them, it was not a priority for the first black president or for the black political class at the time. Every year since, the Obama Department of Justice has had the chance to rewrite the way it distributes federal funding to state and local law enforcement agencies to discourage mass incarceration. Every year the president had the ability to close some of its notorious federal supermax prisons, or find ways to deny funding for such things on the state level. None of this happened. In fact, while a broad citizen movement in Illinois, the president’s home state finally closed a state supermax prison, Obama’s latest Bureau of Prisons budget has the feds buying another unused Illinois prison for conversion into a federal supermax, ADX Thomson, or Gitmo North. The federal prison budget has grown every year president Obama has held office.
Sophisticated apologists for the president will of course chide folks who find “better than nothing” insufficient for being naive and foolish. Are they? Were the tens of millions who elected Barack Obama in 2008 and 2012 foolish for imagining that they have even the right to demand better? What about the many, many thousands of activists who gave freely of their time and efforts year in and year out to make the careers of the black political class possible, the people who called house meetings, union and church meetings? Were the folks who went door to door, who rallied and registered voters and more to elect black aldermen, sheriffs, county commissioners, mayors, legislators and finally a black president — the people who DID imagine and DID tell their children and their neighbors that this would make things better — were they all just unrealistic chumps?
I used to be one of them. They didn’t say – we didn’t say — it was “better than nothing.” We told each other, and often we actually believed electing black faces to high places was a necessary step toward making things better. Were we naïve and foolish to imagine a better world is even possible? Or is our black political class too cynical, too corrupt, too prosperous and too lazy to share the dreams of the ordinary people they supposedly represent?
US to resume military aid to Egypt
Press TV – April 23, 2014
The Obama administration plans to resume some military assistance to Egypt and deliver 10 Apache helicopters after the military-backed government in Cairo upheld its peace treaty with Israel.
The decision to lift the hold on the US aid was made because the Egyptian government is sustaining its strategic relationship with the United States and fulfilling its obligations to Israel, Secretary of State John Kerry told Egypt’s Foreign Minister Nabil Fahmy in a telephone call, according to State Department spokeswoman Jen Psaki.
Defense Secretary Chuck Hagel also informed his Egyptian counterpart, Colonel General Sedki Sobhi, of the decision in a telephone call, saying the Apache helicopters “will help the Egyptian government counter extremists who threaten US, Egyptian and Israeli security,” according to Pentagon spokesman Rear Admiral John Kirby.
The decision comes despite concerns about failure of Egypt’s government to embrace democratic reforms following the ouster of former president Mohamed Morsi back in July. Since then, Egypt has been the scene of the government’s deadly crackdown on Morsi’s supporters, who have been holding street protests.
According to US law, when a military coup occurs in a country, economic and military aid should be cut off. But the administration’s decision means the controversial aid will be flowing to the Egyptian military again.
Before last year’s coup in Egypt, the US provided Cairo with $1.5 billion a year in aid, $1.3 billion of which was military assistance.
Obama Whistleblower Program Requires Whistleblowers to Register to be Protected
By Noel Brinkerhoff | AllGov | April 16, 2014
Are whistleblowers—whose anonymity is often their best protection against retribution—made safer by being forced to register as whistleblowers with the U.S. government? Or are they being placed in greater danger?
The Obama administration is demanding they step forward and sign up.
Indeed, exposing government corruption or other wrongdoing often means being discreet, if not anonymous, on the part of the individuals blowing the whistle, unless they want to face retribution from higher-ups involved in the misdeeds. Keeping one’s identity hidden is almost always essential for whistleblowers because of managers’ or executives’ impulse to protect themselves and punish those exposing their mistakes. Thus, any government program that requires whistleblowers to reveal themselves—ostensibly for their own good—might seem disingenuous, if not counterproductive to encouraging workers to expose law breakers.
But the Obama administration is taking this approach by mandating that government employees register as official whistleblowers under the Insider Threat program it established three years ago. This program was adopted, the president said, to protect against internal dangers lurking within federal agencies.
One of the biggest supporters on Capitol Hill of government whistleblowing says the Obama program’s registration requirement is a terrible idea and antithetical to the importance of whistleblowers coming forward.
Senator Charles Grassley (R-Iowa), who coauthored the Whistleblower Protection Act of 1989 (pdf), addressed the U.S. Senate recently to commemorate the 25th anniversary of the landmark bill. During his speech, Grassley criticized Insider Threat’s effort to expose whistleblowers, citing the Federal Bureau of Investigation (FBI) as a prime concern.
The Republican senator said he’s been trying for months to get the FBI to share its Insider Threat training materials. But the bureau has steadfastly refused.
At one point, the FBI’s top Insider Threat official agreed to meet with Grassley and Senator Patrick Leahy (D-Vermont) to discuss how the bureau was training its people to
“distinguish between true insider threats and legitimate whistleblowers.”
The official, according to Grassley’s speech, told them not to worry about the training materials, which they had failed to bring along to the meeting.
“He said whistleblowers had to register in order to be protected, and the Insider Threat Program would know to just avoid those people,” Grassley said in his speech.
The official then “abruptly walked out” of the meeting after being there only 10 minutes.
“These are clearly not the actions of an agency that is genuinely open to whistleblowers or whistleblower protection,” Grassley stated.
The senator, who has served in Congress since 1975, added that Obama’s registration requirement was an idea that “should be pretty alarming to all Americans. Sometimes confidentiality is the best protection a whistleblower has.”
To Learn More:
Chuck Grassley: Insider Threat Program Poses Threat to Whistleblowers (Emptywheel)
Grassley Talks About the Anniversary of the Whistleblower Protection Act (Senator Charles Grassley)
Terrorists, Spies, Whistleblowers Treated the Same by Obama Administration (by Noel Brinkerhoff, AllGov)
Obama Anti-Whistleblower Program Requires Federal Employees to Report Suspicions of other Employees or Risk Punishment (by Noel Brinkerhoff and Danny Biederman, AllGov)
Torture is Mainstream Now
By David Swanson | War is a Crime | April 13, 2014
As Rebecca Gordon notes in her new book, Mainstreaming Torture, polls find greater support in the United States for torture now than when Bush was president. And it’s not hard to see why that would be the case.
Fifteen years ago, it was possible to pretend the U.S. government opposed torture. Then it became widely known that the government tortured. And it was believed (with whatever accuracy) that officials had tried to keep the torturing secret. Next it became clear that nobody would be punished, that in fact top officials responsible for torture would be permitted to openly defend what they had done as good and noble.
The idea was spread around that the torture was stopping, but the cynical could imagine it must be continuing in secret, the partisan could suppose the halt was only temporary, the trusting could assume torture would be brought back as needed, and the attentive could be and have been aware that the government has gone right on torturing to this day with no end in sight.
Anyone who bases their morality on what their government does (or how Hollywood supports it) might be predicted to have moved in the direction of supporting torture.
Gordon’s book, like most others, speaks of torture as being largely in the past — even while admitting that it isn’t really. “Bush administration-era policies” are acknowledged to be ongoing, and yet somehow they retain the name “Bush administration-era policies,” and discussion of their possible prosecution in a court of law does not consider the control that the current chief perpetrator has over law enforcement and his obvious preference not to see a predecessor prosecuted for something he’s doing.
President Elect Obama made clear in January 2009 that he would not allow torturers to be prosecuted and would be “looking forward” instead of (what all law enforcement outside of science fiction requires) backward. By February 2009, reports were coming in that torture at Guantanamo was worsening rather than ceasing, and included: “beatings, the dislocation of limbs, spraying of pepper spray into closed cells, applying pepper spray to toilet paper and over-forcefeeding detainees who are on hunger strike.” In April 2009 a Guantanamo prisoner phoned a media outlet to report being tortured. As time went by the reports kept coming, as the military’s written policy would lead one to expect.
In May 2009, former vice president Dick Cheney forced into the news the fact that, even though Obama had “banned torture” by executive order (torture being a felony and a treaty violation before and after the “banning”) Obama maintained the power to use torture as needed. Cheney said that Obama’s continued claim of the power to torture vindicated his own (Cheney’s) authorization of torture. David Axelrod, White House Senior Advisor, refused repeatedly, to dispute Cheney’s assertion — also supported by Leon Panetta’s confirmation hearing for CIA director, at which he said the president had the power to torture and noted that rendition would continue. In fact, it did. The New York Times quickly reported that the U.S. was now outsourcing more torture to other countries. The Obama administration announced a new policy on renditions that kept them in place, and a new policy on lawless permanent imprisonment that kept it in place but formalized it, mainstreamed it. Before long Obama-era rendition victims were alleging torture.
As the Obama White House continued and sought to extend the occupation of Iraq, torture continued to be an Iraqi policy, as it has post-occupation. It has also remained a U.S. and Afghan policy in Afghanistan, with no end in sight. The U.S. military has continued to use the same personnel as part of its torture infrastructure. And secret CIA torture prisons have continued to pop into the news even though the CIA was falsely said to have abandoned that practice. While the Obama administration has claimed unprecedented powers to block civil suits against torturers, it has also used, in court, testimony produced by torture, something that used to be illegal (and still is if you go by written laws).
“Look at the current situation,” Obama said in 2013, “where we are force-feeding detainees who are being held on a hunger strike . . . Is this who we are?” Well, it is certainly who some of us have become, including Obama, the senior authority in charge of the soldiers doing the force-feeding, and a human chameleon able to express outrage at his own policies, a trick that is perhaps more central to the mainstreaming of vicious and sadistic practices than we always care to acknowledge.
The mainstreaming of torture in U.S. policy and entertainment has stimulated a burst of torture use around the globe, even as the U.S. State Department has never stopped claiming to oppose torture when it’s engaged in by anyone other than the U.S. government. If “Bush-era policies” is taken to refer to public relations policies, then there really is something to discuss. The U.S. government tortured before, during, and after Bush and Cheney ran the show. But it was during those years that people talked about it, and it is with regard to those years that people still talk about it.
As Rebecca Gordon’s book, Mainstreaming Torture: Ethical Approaches in the Post-9/11 United States, recounts well, torture has been around. Native Americans and enslaved African Americans were tortured. The CIA has always tortured. The School of the Americas has long trained torturers. The war on Vietnam was a war of mass-murder and mass-torture. Torture is standard practice in U.S. prisons, where the torture of Muslims began post-9-11, where some techniques originated and some prison guards came from via the National Guard who brought their torturing to an international set of victims for the Bush-Obama era. [Abuse of POWs and torture were also common practices of both sides of the American civil war, post WWII rape of civilians and abuse and murder of POWs was rampant as well]
One of Gordon’s central points, and an important one, is that torture is not an isolated incident. Rather it is an institution, a practice, a collective endeavor that requires planning and organization. Defenders of torture often defend a widespread practice of purely vicious evil by reference to a single imaginary incident in which it would make sense to torture someone. Imagine, they say, that you knew for certain (as of course you would not) that many people were about to be killed unless a particular person revealed something. Imagine you were certain (as of course you would not be) that you had found that person. Imagine that contrary to accumulated wisdom you believed the best way to elicit the information was through torture, and that you were sure (as of course you would not be) that the information would be revealed, that it would be accurate (nobody EVER lies under torture), and that it would prevent the greater tragedy (and not just delay it or move it), with no horrible side-effects or lasting results. Then, in that impossible scenario, wouldn’t you agree to torture the person?
And doesn’t that fantasy justify having thousands of people prepared to engage in torture even though they’ll inevitably torture in all sorts of other situations that actually exist, and even though many thousands of people will be driven to hate the nation responsible? And doesn’t it justify training a whole culture to support the maintenance of an apparatus of torture, even though uses of torture outside the fantasized scenario will spread like wildfire through local police and individual vigilantes and allied governments?
Of course not. And that’s why I’m glad Gordon has tackled torture as a matter of ethics, although her book seems a bit weighed down by academic jargon. I come at this as someone who got a master’s degree in philosophy, focusing on ethics, back before 9-11, back when torture was used as an example of something evil in philosophy classes. Even then, people sometimes referred to “recreational torture,” although I never imagined they meant that any other type of torture was good, only that it was slightly less evil. Even today, the polls that show rising — still minority — support for torture, show stronger — majority — support for murder, that is for a president going through a list of men, women, and children, picking which ones to have murdered, and having them murdered, usually with a missile from a drone — as long as nobody tortures them.
While many people would rather be tortured than killed, few people oppose the killing of others as strongly as they oppose torturing them. In part this may be because of the difficulty of torturing for the torturers. If foreigners or enemies are valued at little or nothing, and if killing them is easier than torturing them, then why not think of killing as “cleaner” just as the Obama administration does? That’s one ethical question I’d like to see taken up even more than that of torture alone. Another is the question of whether we don’t have a duty to put everything we have into opposing the evil of the whole — that being the Nuremberg phrase for war, an institution that brings with it murder, imprisonment, torture, rape, injury, trauma, hatred, and deceit.
If you are going to take on the ethics of torture alone, Mainstreaming Torture provides an excellent summary of how philosophy departments now talk about it. First they try to decide whether to be consequentialist or deontological or virtue-based. This is where the jargon takes over. A consequentialist ethics is one that decides on the propriety of actions based on what their likely consequences will be. A deontological ethics declares certain actions good or bad apart from their consequences. And an ethics of virtues looks at the type of life created by someone who behaves in various ways, and whether that person is made more virtuous in terms of any of a long list of possible virtues.
A competition between these types of ethics quickly becomes silly, while an appreciation of them as a collection of insights proves valuable. A consequentialist or utilitarian ethics is easily parodied and denounced, in particular because supporters of torture volunteer such arguments. Would you torture one person to save the lives of two people? Say yes, and you’re a simple-minded consequentialist with no soul. But say no and you’re demonstrably evil. The correct answer is of course that it’s a bad question. You’ll never face such a situation, and fantasizing about it is no guide to whether your government should fund an ongoing torture program the real aim and results of which are to generate war propaganda, scare people, and consolidate power.
A careful consideration of all consequences, short- and long-term, structural and subtle, is harder to parody and tends to encompass much of what is imagined to lie outside the purview of the utilitarian simpleton (or corporate columnist). The idea of an ethics that is not based on consequences appeals to people who want to base their ethics on obedience to a god or other such delusion, but the discussions of deontological ethicists are quite helpful nonetheless. In identifying exactly how and why torture is as incredibly offensive as it is, these writers clarify the problem and move people against any support for torture.
The idea of an ethics based entirely on how actions impact the character of the actor is self-indulgent and arbitrary, and yet the discussion of virtues (and their opposite) is terrifically illuminating — in particular as to the level of cowardice being promoted by the policy of employing torture and any other evil practice in hopes of being kept safe.
I think these last two types of ethics, deontological and virtue — that is, ongoing discussion in their terms — have good consequences. And I think that consequentialism and principled integrity are virtues, while engaging in consequentialism and virtue ethics lead to better deontological talk as well as fulfillment of the better imperatives declared by the deontologists. So, the question should not be finding the proper ethical theory but finding the proper ethical behavior. How do you get someone who opposes torturing Americans to oppose torturing human beings? How do you get someone who wants desperately to believe that torture has in fact saved lives to look at the facts? How do you get someone who believes that anyone who is tortured deserves it to consider the evidence, and to face the possibility that the torture is used in part to make us see certain people as evil, rather than their evilness actually preceding and justifying the torture? How do you get Republicans loyal to Bush or Democrats loyal to Obama to put human rights above their loyalty?
As Gordon recounts, torture in reality has generated desired falsehoods to support wars, created lots of enemies rather than eliminating them, encouraged and directly trained more torturers, promoted cowardice rather than courage, degraded our ability to think of others as fully human, perverted our ideas of justice, and trained us all to pretend not to know something is going on while silently supporting its continued practice. None of that can help us much in any other ethical pursuit.

