Federal Appeals Court: US Citizens Can’t Sue FBI Agents For Torture Abroad
By Kevin Gosztola | ShadowProof | October 26, 2015
A federal appeals court decision effectively grants FBI agents involved in terrorism investigations abroad immunity from lawsuits, which allege torture or other constitutional rights violations.
The D.C. Circuit Court of Appeals ruled against Amir Meshal, an American citizen who was detained and tortured by FBI agents in Kenya, Somalia, and Ethiopia, and declined to permit Meshal to pursue damages for what he endured.
According to the federal appeals court [PDF], allowing Meshal to pursue damages would extend Bivens into a new context: the “extraterritorial application of constitutional protections.”
Bivens is a case that created precedent for bringing cases against federal government officials. However, courts have been extremely reluctant to allow plaintiffs to pursue damages when a case may set a precedent or lead to a court intruding upon national security and foreign policy matters.
In Meshal’s case, U.S. agents and foreign officials are accused of working together. A decision would pass judgment on officials working under a “foreign justice system.” Such “intrusion,” the appeals court claimed, could have diplomatic consequences.
The appeals court quoted prior cases and stated:
Allowing Bivens suits involving both national security and foreign policy areas will “subject the government to litigation and potential law declaration it will be unable to moot by conceding individual relief, and force courts to make difficult determinations about whether and how constitutional rights should apply abroad and outside the ordinary peacetime contexts for which they were developed.” Even if the expansion of Bivens would not impose “the sovereign will of the United States onto conduct by foreign officials in a foreign land,” the actual repercussions are impossible to parse. We cannot forecast how the spectre of litigation and the potential discovery of sensitive information might affect the enthusiasm of foreign states to cooperate in joint actions or the government’s ability to keep foreign policy commitments or protect intelligence. Just as the special needs of the military requires courts to leave the creation of damage remedies against military officers to Congress, so the special needs of foreign affairs combined with national security “must stay our hand in the creation of damage remedies. [emphasis added]
Or, more succinctly, the appeals court claims “special factors counsel hesitation” in allowing Meshal to pursue “money damages.”
The appeals court additionally determined Meshal’s citizenship did not override these “special factors.”
In issuing this decision, the appeals court leaves the issue of remedies for torture to Congress or the Supreme Court and makes it virtually impossible for torture survivors to pursue justice when their rights are supremely violated.
Meshal is Detained Incommunicado, Threatened with Transfer to Israel
Meshal was in the Horn of Africa when, on January 24, 2007, Kenyan soldiers captured and interrogated him. He was “hooded, handcuffed and flown to Nairobi, where he was taken to the Ruai Police Station and questioned by an officer of Kenya’s Criminal Investigation Department” and was told that the police had to “find out what the United States wanted to do with him before he could send him back to the United States.” He remained in detention without access to a telephone or his attorney for a week, according to the U.S. District Court of the District of Columbia’s decision.
On February 3, “three Americans,” who turned out to be FBI agents, interrogated Meshal and told him he would be handed over to the Kenyans and remain stuck in a “lawless country” if he did not cooperate. The agents also accused him of “having received weapons and interrogation resistance training in an al Qaeda camp.” Supervising Special Agent Chris Higgenbotham, one of the officials sued, threatened Meshal with being transferred to Israel where the Israelis would “make him disappear.” Meshal was informed that another U.S. citizen he had met in Kenya, Daniel Maldonado, who was also seized by Kenyan soldiers, “had a lot to say about” him and his story “would have to match.”
Meshal was flown by Kenyan officials to Somalia with twelve others on February 9. He was “detained in handcuffs in an underground room with no windows or toilets,” which was referred to as “the cave.” This was allegedly to prevent pressure from Kenyan courts to halt his detention and interrogation by FBI agents.
About a week later, Meshal was transported in handcuffs and a blindfold to Addis Ababa, Ethiopia. He was held there in incommunicado detention for a week before Ethiopian officials started regularly transporting him to a villa with other prisoners where he could be interrogated by FBI agents. He remained in detention for three months and was moved into solitary confinement twice.
Finally, on May 24, he was taken to the U.S. Embassy in Addis Ababa and flown back to the U.S. He was detained for four months and lost eighty pounds. US officials never charged him with a crime.
Appeals Court Skeptical of US Secrecy Arguments (But That Didn’t Matter)
Although the U.S. government did not invoke the “state secrets privilege,” it put forward a “laundry list of sensitive issues” that would allegedly be implicated if Meshal was able to pursue a lawsuit against FBI agents.
The government claimed it would involve “inquiry” into “national security threats in the Horn of Africa region,” the “substance and sources of intelligence,” and whether procedures relating to counterterrorism investigations abroad “were correctly applied.” Also, the government insisted it would require discovery “from both foreign counterterrorism officials, and U.S. intelligence officials up and down the chain of command, as well as evidence concerning the conditions at alleged detention locations in Ethiopia, Somalia, and Kenya.”
The appeals court appropriately asked in their decision, “Why would an inquiry into whether the defendants threatened Meshal with torture or death require discovery from U.S. intelligence officials up and down the chain of command? Why would an inquiry into Meshal’s allegedly unlawful detention without a judicial hearing reveal the substance or source of intelligence gathered in the Horn of Africa?”
“What would make it necessary for the government to identify other national security threats?” the court additionally asked.
Despite recognizing the unfounded basis for claims about how the lawsuit would risk disclosure of sensitive information, the appeals court chose to be overly cautious and dismiss the case as the government urged.
Appeals Court Overlooks Affidavit from Former FBI Agent
The American Civil Liberties Union, which filed the suit on behalf of Meshal, obtained an affidavit from former FBI Agent Donald Borelli, who unequivocally made clear FBI agents are expected to follow the U.S. Constitution when in territories abroad.
“The FBI’s longstanding commitment to respect the Constitution—including when it acts abroad in respect of U.S. citizens—reflects and implements the long established rule that the Constitution applies to and constrains U.S. government action against U.S. citizens abroad,” Borelli maintained.
In fact, Borelli cited a Supreme Court decision in 1957 involving two U.S. citizens, “who were tried and convicted by court-martial based on allegations they murdered service member spouses on U.S. military bases.”
From the Supreme Court’s ruling:
At the beginning we reject the idea that when the United States acts against citizens abroad it can do so free of the Bill of Rights. The United States is entirely a creature of the Constitution. Its power and authority have no other source. It can only act in accordance with all the limitations imposed by the Constitution. When the Government reaches out to punish a citizen who is abroad, the shield which the Bill of Rights and other parts of the Constitution provide to protect his life and liberty should not be stripped away just because he happens to be in another land. This is not a novel concept. To the contrary, it is as old as government. It was recognized long before Paul successfully invoked his right as a Roman citizen to be tried in strict accordance with Roman law.
Citizens like Meshal are supposed to have protection from unreasonable searches and seizures, however, the lower courts are unwilling to check the power of the Executive Branch. They have chosen to wait until the Supreme Court or Congress acts and that gives someone like Meshal an exceedingly small chance of ever winning justice.
Obama’s Legacy Will Not Be One of Peace
By Chad Nelson | c4ss | September 11, 2015
The Financial Times recently reported that Nobel Peace Prize recipient Barack Obama has conducted ten times more drone strikes than his predecessor George W. Bush. As far as we can tell, that number is somewhere in the ballpark of 500 strikes and spans a wide array of countries including Iraq, Afghanistan, Syria, Pakistan, Yemen, Somalia and Libya. We can’t know for sure exactly how many drone attacks have taken place, who is conducting them, how many people have been killed by them, or how many other countries have been victim.
It’s important to Obama that the extent of his drone wars remain secret. His peaceful veneer would quickly disintegrate if we had an accurate Obama-death-toll. Drone wars have been kept so secret, in fact, that Obama’s former Press Secretary, Robert Gibbs, revealed that he was instructed not to acknowledge or discuss their existence. A handful of investigative journalist groups like The Long War Journal have been left conducting important but difficult guess work about Obama’s drone wars, as if putting together a large puzzle one small piece at a time.
All the while, the American public is left clueless as to the activities being conducted in their name. Obama proclaims that “a decade of war is over,” while behind the scenes he expands the scope of the War on Terror. As a result of our being kept largely ignorant of our government’s actions, we are all the more astounded when the consequences of such wars come to fruition.
The phenomenon of blowback results from the American government’s actions abroad which cause tremendous resentment within local populations. When retaliation for these actions arrives at our shores or against Americans abroad, as it inevitably does, the American public is shocked and appalled, wondering what could possibly prompt such heinous actions. Hungry for answers, Americans are then fed simple explanations by politicians, such as, “they hate our way of life,” or “their religion commands them to commit such acts.” Never are we provided the context in which such reprisals occur. And because so many Americans willingly accept the state’s spoon-fed version of events, they largely tolerate a domestic police and surveillance state that is said to keep them safe from such “terrorists.”
Tribal areas of Afghanistan surveyed about the psychological effects of drones reveal a people living in terror, unable to sleep, with children often kept home from school for fear they’ll be targeted. Though generally out of sight, drones can constantly be heard buzzing overhead, creating a persistent state of fear. Despite our being told of the precision of drone strikes, subject populations have described massive civilian casualties and widespread destruction of property.
Consequently, large swaths of these foreign populations living under drones view the United States in a negative light. One Pew Research Center study found that three quarters of Pakistanis now view Americans as the enemy. One would expect similar numbers from the many other countries across the Middle East and Africa in which America now conducts drone strikes. Blowback is not limited to those directly terrorized by drones either. General Stanley McChrystal stated “resentment created by [drones] … is much greater than the average American appreciates. They are hated on a visceral level by people who’ve never seen one or seen the effects of one.”
Though it’s shrouded in secrecy, this new form of American warfare will be Obama’s legacy. The “sanitization” of war offered by drones (introduced on a grand scale by Obama) all but ensures America will never again be without foreign conflict at the hands of crazed politicians. As drone technology continues to improve, the rest of the world will be more at risk of attack by the American war machine, and Americans less safe as a result. As Obama’s time in the White House winds down, let’s remember that he escalated the War on Terror. He’s offered his successors the safety of precedent to fall back on and opened new frontiers for American military demolition. Barack Obama had the opportunity to curtail America’s destructiveness around the world, and instead, he amplified it.
Both Major U.S. Parties are Plagues on Humanity
By Glen Ford | Black Agenda Report | July 1, 2015
There has never been a dime’s worth of difference between the Clintons (Bill and Hillary) and Barack Obama, and less than ten cents separates the worldviews of these Democratic political twins from the Bush wing of the Republican Party.
Each has their individual quirks. Barack destroys international order and the rule of law while dabbling at song; Bill dismantled the U.S. manufacturing base and threw record numbers of Blacks in prison as he toyed with his trumpet; George W. played the fool who would Shock and Awe the world into obedience; and Hillary is the evil crone that curses the dead while screaming “We are Woman” like a banshee. But they are all the same in their corporate soullessness.
They all lie for a living, and they live to lie. Hillary Clinton commingled official and personal criminality through the medium of email. Knowing that, in a life dedicated to crime, she could never successfully sequester her private and public conspiracies, Hillary privatized all of her email correspondence during her tenure as Obama’s Secretary of State (in the perfect spirit of neoliberalism). The fate of millions of Haitians whose country’s earthquake and development “aid” are under the Clinton family thumb were doubtless bundled into the tens of thousands of messages she erased on leaving Foggy Bottom.
Republicans have harassed her ever since, seeking an electronic smoking gun to show Clinton’s cowardice or lack of resolve to “stand up for America” and “our troops” or some other nonsense. What the Benghazi affair actually proves is that the Obama administration was just as intent as the Republicans to maintain the fiction that the “rebels” put in power by seven months of NATO bombing of Libya were not various flavors of Islamic jihadists – some of whom were already turning on their erstwhile masters. The U.S.-Saudi project to create and nurture the international jihadist network is a bipartisan venture that dates back to Jimmy Carter’s presidency – and, therefore, nothing for Democrats and Republicans to fight about. However, the GOP’s churning of Clinton’s emails does provide a glimpse into her quest to run for president in 2016 as the woman who vanquished Muammar Gaddafi (“Qaddafi” or simply “Q” in Clinton’s usage).
A number of Clinton’s correspondences were with Sidney Blumenthal, a former Clinton family spin-master who wrote nasty things about Barack Obama while working for Hillary’s 2008 presidential campaign – which made it impossible for her to hire him at the State Department. Nevertheless, Clinton needed his talents for hype for the campaign ahead. Their emails in the summer of 2011 discussed how Hillary’s status as stateswoman could soar when the Libyan leader was finally eliminated. “This is a historic moment and you will be credited for realizing it,” wrote Blumenthal, feeding the crone’s huge gizzard of ego, according to an article in Monday’s New York Times. “You must go on camera,” wrote Blumenthal. “You must establish yourself in the historical record at this moment.” Hillary was anxious to seize the time to establish what Blumenthal described as “the Clinton Doctrine.”
The Times piece somehow concludes that Obama stole Clinton’s thunder with an 1,100-word speech, in late August, declaring: “The Gaddafi regime is coming to an end, and the future of Libya is in the hands of its people.” But Hillary best expressed the ghoulishness of America’s ruling duopoly two months later, in October, when Gaddafi was savagely butchered by screaming jihadists. “We came, we saw, he died,” cackled the banshee.
In the annals of global diplomacy, no more vulgar words have been spoken by a major power foreign minister or head of state. Yet, Clinton’s calculated quip perfectly encapsulates the bloodlust that is the common characteristic of both the governing duopoly of the United States and their suckling children in ISIS and the other proliferating al Qaida factions.
Thanks to Seymour Hersh, we now have a much more plausible scenario for the May 2, 2011, demise of Osama bin Laden, the “OG” of the U.S.-Saudi spawned global jihad, whose body will never be located. Virtually the entire U.S. account of his death is a lie, repeatedly contradicted on its own terms – another layer of fictional Americana in the age of empire in decline.
Clinton was hard-pressed to imagine how she might trump the president’s bin Laden death-watch extravaganza. Her opportunity came five months later, when she delivered her gruesome paraphrase of Julius Caesar on the occasion of Col. Gaddafi’s murder. In the context of Washington’s deeply racist foreign policy, Gaddafi and bin Laden were equally deserving of death, although Gaddafi was among the most fervent and effective fighters against Islamic jihadists: his government was the first in the world to request a global arrest warrant against bin Laden.
The Libyan Islamists were quickly transferred to the new U.S.-NATO-Saudi-Qatari front lines in Syria. The CIA station in Benghazi was at the center of the action – and got burned in the wild and unwieldy process of herding jihadists, who find it difficult to take orders from “infidels,” even when the “Crusaders” are paying the bills and supplying the weapons.
The U.S. consulate and CIA station in Benghazi were attacked on September 11, 2012. The next day, the Pentagon’s intelligence agency issued a report predicting that a “Salafist principality” – another term for an Islamic State – would likely arise in Syria as a result of the war, and that “Western countries, the Gulf States and Turkey are supporting these efforts.” Moreover, the establishment of such an Islamic “principality” would create “the ideal atmosphere for AQI [al Qaida in Iraq, which became ISIS, ISIL and the Islamic State] to return to its old pockets in Mosul and Ramadi” in Iraq – events that have since transpired.
The Defense Intelligence Agency report didn’t say so, but the “Western Powers” included the United States, through its CIA.
The document was declassified this year as the result of a suit by a libertarian right-wing legal outfit. The people of the world continue to be fed the fiction that the U.S. is engaged in a long, twilight struggle against al Qaida Salafists whose international network was created by, and continues to benefit from, “Western countries, the Gulf States and Turkey.”
However, the 2012 Pentagon warning about the rise of an Islamic State may have had some effect on U.S. policy in Syria. One year later, in September of 2013, President Obama backed off from his threat to bomb Syria in “retaliation” for a chemical missile attack against civilians – a crime much more likely committed by western-backed Salafists. The conventional wisdom is that the Russians tricked a hapless Secretary of State John Kerry into agreeing to the peaceful, internationally supervised destruction of Syria’s chemical arsenal; or that the refusal of Britain’s Parliament to go along with an air assault on Syria made the U.S. position untenable; or that Obama feared losing a vote on the issue in the U.S. Congress. None of this rings true to me. The United States is not easily deterred by the opinions of Europeans, who in the end accept Washington’s acts as a fait accompli. And, it was not clear that Obama would have lost the vote in Congress – a vote that he requested, while at the same time declaring that he did not need the legislature’s permission to “punish” Syria for crossing his “red line.”
I think that high Pentagon officials and elements of the Obama administration – probably including the president, himself – took the Benghazi disaster and the Defense Intelligence Agency report to heart, and decided that it was better to keep bleeding the Syrians and their Russian, Lebanese and Iranian allies through a prolonged war, than to bomb al Qaida into power. For the U.S., regional chaos is preferable to the triumph of the, ultimately, unmanageable Salafists – unchained.
The thirty-plus year war against Iran would, however, be ratcheted up. The Bush administration was snatched back from the brink of a military assault against Teheran in 2007 when – to the great consternation of Vice President Dick Cheney – all 16 U.S. intelligence agencies declared, publicly and unanimously, that Iran had abandoned its nuclear weapons program, years before.
The spooks reaffirmed their consensus in the 2010 National Intelligence Estimate – again, that there was no evidence Iran has any intention of making a bomb. The Obama administration has since avoided asking the intelligence agencies for their analysis on the issue, knowing they would get the same answer. Instead, they rely on Israeli propaganda, pick and choose various “experts” from inside and outside the arms control “community,” or simply put forward unsupported statements on Iran’s capabilities and intentions: the Big Lie. While Bush was humiliated by facts supplied by his own intelligence experts, Obama has escalated the confrontation with Iran, applying crippling sanctions and the whole range of low-level warfare, in close collaboration with Israel – proving, once again, that Obama is the “more effective evil.”
Obama has nearly completed knocking off victims on the “hit list” of countries that George Bush was working on when General Wesley Clark ran across it in 2002. Iraq, Syria, Libya, and Somalia have been invaded since then, and Sudan was stripped of a third of its territory. Only Iran and Lebanon remain intact and outside the U.S. imperial umbrella.
The Republican-Democratic duopoly plays tag-team in promoting the Project for a New American Century – a doctrine promulgated by neo-conservatives in 1997 that has served as the guiding light of both the Bush and Obama administrations. The differences between the two teams are merely rhetorical. The Bush regime is described as “unilateralist,” although it employed the same “Coalition of the Willing” approach to aggressive war as does the Obama administration. President Obama claims the right to disregard and methodically undermine international law through “humanitarian” military intervention, whereas Bush claimed to be “spreading democracy.” Same weapons systems, same mass murder, same objective: U.S. domination of the planet.
There’s nothing democratic or humanitarian about the U.S. imperial project. Therefore, its maintenance requires the deployment of 24-7 psychological operations worldwide, but directed primarily against the U.S. public.
Republican strategist Karl Rove was far more honest than his Democratic counterparts when he explained to a reporter, back in 2004:
We’re an empire now, and when we act, we create our own reality. And while you’re studying that reality—judiciously, as you will—we’ll act again, creating other new realities, which you can study too, and that’s how things will sort out. We’re history’s actors … and you, all of you, will be left to just study what we do.
Election seasons are reality-creation festivals, during which the two corporate parties pretend to put forward different visions of the national and global destiny – when, in fact, they answer to the same master and must pursue the same general strategy.
The continuity of GOP-Democratic rule – the near-identical depravity – is horrifically evident in the Democratic Republic of Congo, where six million people have been slaughtered by U.S. surrogates since 1996: the largest genocide since World War II. Successive U.S. administrations – Bill Clinton, George W. Bush, and Barack Obama, assisted by Secretary of State Hillary Clinton and Susan Rice, the high U.S. official most deeply implicated in the entirety of the genocide – have armed, financed, and covered up the Congolese holocaust. Each administration has collaborated with its predecessor to hide the crime and obscure the question of guilt – and then to continue the killing.
Decent people do not vote for political parties that produce such fiends, who deserve Nuremburg justice of the capital kind. Any talk of “lesser evils” is both stupid and obscene.
BAR executive editor Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.
CHARLESTON MURDERS COMMONPLACE IN MIDDLE EAST, MISTER OBAMA
By Sherwood Ross | Aletho News | June 20, 2015
President Obama was, of course, right to denounce the massacre in the Emanuel African Methodist Episcopal Church in Charleston and to call for an end to such violence.
But this begs the question of whether he will stop his own illegal drone strikes in the Middle East that are just as deadly and a hundred times more numerous than the attack in South Carolina.
According to the Bureau of Investigative Journalism(BIJ), London, just since Mr. Obama came to power, at least several thousand innocent persons (all are presumed innocent unless proven guilty by trial) in Pakistan alone have been murdered by his agents in the CIA and Pentagon. Among the dead are several hundred children. Here are BIJ’s distressing figures for that nation:
All actions 2004 – January 31 2015
Total Obama strikes: 362
Total US strikes since 2004: 413
Total reported killed: 2,438-3,942
Civilians reported killed: 416-959
Children reported killed: 168-204
Total reported injured: 1,142
The Bureau’s reports regarding covert US drone attacks cover both the missions of the CIA and the Pentagon’s secretive Joint Special Operations Command (JSOC).
If nothing else, the horror of Charleston should inform the American public of the shock and awe their president is inflicting with grim regularity in the Middle East. His is a campaign that, to our shame and sorrow, is creating immense blowback against America.
Mr. Obama has maintained U.S. forces take great care that only terrorists are killed but an April 26th article in The Wall Street Journal by Adam Entous reports “he secretly approved a waiver giving the Central Intelligence Agency more flexibility in Pakistan than anywhere else to strike suspected militants…”
Entous continued, “The rules were designed to reduce the risk of civilian casualties. Mr. Obama also required that proposed targets pose an imminent threat to the U.S.—but the waiver exempted the CIA from this standard in Pakistan.” Why, you ask?
Mr. Obama, (who is reputed to be a former CIA employee,) according to RealClearPolitics is “In Thrall to CIA Killing Machine.” Writer Toby Harnden wrote of him on April 16, 2013: “The man who ran as a liberal, anti-war candidate has brushed away concerns about the (drone) attacks. During one meeting he responded to a request for an expansion of America’s drone fleet by saying: ‘The CIA gets what the CIA wants!'”
In his comments about the church murders, Mr. Obama said, “once again, innocent people were killed in part because someone who wanted to inflict harm had no trouble getting their hands on a gun.” (Much less directing America’s trillion-dollar-a-year killing machine!)
Mr. Obama said further, “let’s be clear… It doesn’t happen in other places with this kind of frequency, and it is in our power to do something about it.” (Oh, yes it does! It happens far more often in Pakistan, Yemen and Somalia, among other places, and the man who is responsible for them and who can do something about it is the same man wearing the long face in the White House.)
With reference to this article, the eminent Francis Boyle, professor of international law at the University of Illinois, Champaign, commented:
As the Reverend Doctor Martin Luther King Junior said a generation ago, the United States government is ‘the greatest purveyor of violence in the world.’
It is a terrible tragedy and a great shame that nothing has changed today under our first African American President and my fellow graduate of the Harvard Law School who knows better. The massive violence that America perpetrates abroad brutalizes the American People at home. President Obama has taught the world that in his opinion ‘violence works.’ Doctor King is now crying in Heaven.
Taking Responsibility for Drone Killings
By BRIAN TERRALL | CounterPunch | May 26, 2015
When President Barack Obama apologized on April 23 to the families of Warren Weinstein and Giovanni Lo Porto, an American and an Italian, both hostages killed in a drone attack in Pakistan in January, he blamed their tragic deaths on the “fog of war.”
“This operation was fully consistent with the guidelines under which we conduct counterterrorism efforts in the region,” he said, and based on “hundreds of hours of surveillance, we believed that this (the building targeted and destroyed by drone launched missiles) was an al Qaeda compound; that no civilians were present.” Even with the best of intentions and most stringent of safeguards, the president said, “it is a cruel and bitter truth that in the fog of war generally and our fight against terrorists specifically, mistakes — sometimes deadly mistakes — can occur.”
The term “fog of war,” Nebel des Krieges in German, was introduced by the Prussian military analyst Carl von Clausewitz in 1832, to describe the uncertainty experienced by commanders and soldiers on the battlefield. It is often used to explain or excuse “friendly fire” and other unintended deaths in the heat and confusion of combat. The term raises vivid images of chaos and ambiguity. Fog of war describes incredible noise and trauma, volleys of bullets and artillery shells, bone jarring explosions, screams of the wounded, orders shouted out and countermanded, vision limited and distorted by clouds of gas, smoke and debris.
War itself is a crime and war is hell, and in its fog soldiers can suffer from emotional, sensory and physical overload. In the fog of war, fatigued past the point of endurance and fearful both for their own lives and for those of their comrades, soldiers must often make split second decisions of life and death. In such deplorable conditions, it is unavoidable that “mistakes — sometimes deadly mistakes — can occur.”
But Warren Weinstein and Giovanni Lo Porto were not killed in the fog of war. They were not killed in war at all, not in any way war has been understood until now. They were killed in a country where the United States is not at war. No one was fighting at the compound where they died. The soldiers who fired the missiles that killed these two men were thousands of miles away in the United States and in no danger, even if anyone were firing back. These soldiers watched the compound go up in smoke under their missiles, but they did not hear the explosion nor the cries of the wounded, nor were they subjected to the concussion of its blast. That night, as the night before this attack, it can be assumed that they slept at home in their own beds.
The president attests that those missiles were fired only after “hundreds of hours of surveillance” were carefully studied by defense and intelligence analysts. The decision that lead to the deaths of Warren Weinstein and Giovanni Lo Porto was not reached in the crucible of combat but in the comfort and safety of offices and conference rooms. Their line of sight was not clouded by smoke and debris but was enhanced by the most advanced “Gorgon Stare” surveillance technology of the Reaper drones.
Protest at Beale Air Force Base.
The same day as the president’s announcement the White House Press Secretary also issued a release with this news: “We have concluded that Ahmed Farouq, an American who was an al-Qa’ida leader, was killed in the same operation that resulted in the deaths of Dr. Weinstein and Mr. Lo Porto. We have also concluded that Adam Gadahn, an American who became a prominent member of al-Qa’ida, was killed in January, likely in a separate U.S. Government counterterrorism operation. While both Farouq and Gadahn were al-Qa’ida members, neither was specifically targeted, and we did not have information indicating their presence at the sites of these operations.” If the president’s drone assassination program sometimes accidently kills hostages, it also sometimes accidently kills Americans alleged to be members of al-Qa’ida and apparently the White House expects us to take some consolation in this fact.
“Hundreds of hours of surveillance” notwithstanding, and despite being “fully consistent with the guidelines under which we conduct counterterrorism efforts,” the order to attack the compound was given in the absence of any indication that Ahmed Farouq was there or that Warren Weinstein was not. Three months after the fact, the United States government admits that they blew up a building that they had been watching for days without the slightest idea who was in it.
The “cruel and bitter truth” is actually that Warren Weinstein and Giovanni Lo Porto were not killed in a “counterterrorism effort” at all, but in an act of terrorism by the United States government. They died in a gangland style hit that went awry. Killed in a high-tech drive-by shooting, they are victims of negligent homicide at best, if not of outright murder.
Another “cruel and bitter truth” is that people who are executed by drones far from a battlefield for crimes they have not been tried for or convicted of, such as Ahmed Farouq and Adam Gadahn were, are not enemies lawfully killed in combat. They are victims of lynching by remote control.
“Predators and Reapers are useless in a contested environment,” admitted General Mike Hostage, chief of the Air Force’s Air Combat Command in a speech in September, 2013. Drones have proven useful, he said, at “hunting down” al Qa’ida but are no good in actual combat. Since al Qa’ida and other terrorist organizations have only flourished and multiplied since Obama’s drone campaigns took off in 2009, one might take issue with the general’s claim for their usefulness on any front, but it is a fact that the use of lethal force by a military unit outside of a contested environment, outside of a battlefield, is a war crime. It might follow that even the possession of a weapon that is useful only in an uncontested environment is a crime, as well.
The deaths of two western hostages, one an American citizen, are indeed tragic, but no more so than the deaths of thousands of Yemeni, Pakistani, Afghan, Somali and Libyan children, women and men murdered by these same drones. Both the president and his press secretary assure us that the events in Pakistan last January were “fully consistent with the guidelines under which we conduct counterterrorism efforts,” business as usual in other words. It seems that in the president’s view, death is only tragic when it is inconveniently discovered that western non-Muslim people are killed.
“As President and as Commander-in-Chief, I take full responsibility for all our counterterrorism operations, including the one that inadvertently took the lives of Warren and Giovanni,” said President Obama on April 23. From the time President Ronald Reagan took full responsibility for the Iran-Contra arms deal to the present, it is clear that a presidential admission of responsibility means that no one will be held accountable and that nothing will change. The responsibility that President Obama accepts for only two of his victims is too paltry for consideration and, along with his partial apology, is an insult to their memories. In these days of governmental evasions and official cowardice, it is crucial that there are some who do take full responsibility for all of those killed and act to stop these acts of reckless and provocative violence.
Five days after the president’s announcement of Weinstein’s and Lo Porto’s murders, on April 28, I was privileged to be in California with a dedicated community of activists outside of Beale Air Force Base, home of the Global Hawk surveillance drone. Sixteen of us were arrested blocking the entrance to the base, reciting the names of children who have also been killed in drone attacks but without a presidential apology or even, for that matter, any admission that they died at all. On May 17, I was with another group of anti-drone activists at Whiteman Air Force Base in Missouri and in early March, in the Nevada desert with more than one hundred resisting drone murders from Creech Air Force Base. Responsible citizens are protesting at drone bases in Wisconsin, Michigan, Iowa, New York at RAF Waddington in the United Kingdom, at the CIA headquarters in Langley, Virginia, at the White House and other scenes of these crimes against humanity.
In Yemen and in Pakistan, too, people are speaking out against the murders taking place in their own countries and at great risk to themselves. Lawyers from Reprieve and the European Center for Constitutional and Human Rights have filed suit in a German court, charging that the German government has violated its own constitution by allowing the U.S. to use a satellite relay station at Ramstein Air Base in Germany for drone murders in Yemen.
Perhaps one day President Obama will be held responsible for these murders. In the meantime, the responsibility that he and his administration shirks belongs to all of us. He cannot hide behind a fog of war and neither can we.
Brian Terrell is a co-coordinator for Voices for Creative Nonviolence and event coordinator for the Nevada Desert Experience. He can be reached at: brian@vcnv.org.
Al-Shabaab and Kenya: the Somali Factor
By JASON MUELLER | CounterPunch | April 6, 2015
On April 2, 2015, al-Shabaab carried out a major attack on Garissa University College, Kenya, killing nearly 150 people—almost entirely students [1]. In response to this attack, Kenyan President Uhuru Kenyatta immediately called for the training of 10,000 new police officers and “urged Kenyans abroad to help attract tourists back [to Kenya]” after countries began issuing travel advisories that cautioned visiting the region [2]. Predictably, al-Shabaab’s deadliest attack inside of Kenya since its September 2013 assault on the Westgate Mall—killing 67—has dredged up the fraught question: “Is [Kenya’s] nation’s security strong enough?”[3]
At this point, we might stop for a second to consider whether the “strength” of Kenya’s national security is truly in need of bolstering, or if it is already one laden with extreme might—perhaps too much so. In fact, any serious analyses of political violence require us to move beyond the immediacy of events and dig through the social-historical contexts under which these events may have founds their roots. It doesn’t take much effort to acknowledge that an assault on a University that kills nearly 150 people is a tragic and unjustifiable event, but we must not stop there—as most news outlets do. Appeals for emotional outrage, hollow tropes of “they hate us for our freedom,” and pointless/bellicose statements declaring “We will keep hitting them until their spine is completely broken… and we will relish that moment” have no place in a serious sociological analysis, past or present [4]. Rather, we should recognize that insights on the causes of current political violence can be gained by looking at past and current policies that may have enflamed a particular situation.
Taking a brief look at the recent history of Kenyan policies towards Somalis—both internally and across-borders—we encounter some grim revelations. The October 2011 decision by the Kenyan government to invade Southern Somalia (Operation Linda Nchi: “Protect the Country”) was a critical juncture in the relationship between Kenya and al-Shabaab, as thousands of Kenyan security forces romped through Somalia. In fact, al-Shabaab immediately declared that they planned to seek revenge for the Kenyan incursion. This was made explicit in the aftermath of the Westgate Mall assault, where al-Shabaab leader Ahmed Godane released a statement saying “The attack at Westgate Mall was to torment the Kenyan leaders who’ve impulsively invaded [Somalia]. It was also a retribution against the Western states that supported the Kenyan invasion and are spilling the blood of innocent Muslims in order to pave the way for their mineral companies… So make your choice today and withdraw all your forces [or] an abundance of blood will be spilt in your country” [5]. Somali blood was also spilled at the hands of Kenyan forces in the months following their invasion, confirmed by a ‘Human Rights Watch’ report released in 2013 showing that Kenya had indiscriminately bombed and shelled the population they were sent to protect [6].
In addition to these external factors, the treatment of Somalis within Kenya has been equally troublesome. The Kenyan government has been described as its “own worst enemy,” where it has cast a wide net on countless ethnic Somalis as potential al-Shabaab suspects to be rounded up and interrogated [7]. Moreover, it has recently come to light that Kenya’s Anti-Terrorism Police Unit (ATPU)—under direct command of Kenya’s National Security Council—is potentially responsible for nearly 500 extrajudicial executions, operating under the general pretext of: “If the law cannot work, there’s another option… eliminate [them]” [8]. This “elimination” strategy is believed to be directly supported by the West, as they provide the operational intelligence while the Kenyan forces carry out the kinetic operation.
Al-Shabaab has not only carried out numerous attacks in Kenya since the Post-October 2011 “Operation,” but they have had great luck with finding sympathies within Kenyan borders as well, for many of the reasons mentioned above. Like many social problems, it certainly becomes more difficult to ameliorate a conflict after you’ve continually taken steps to exacerbate the issue—giving greater fuel for grievance formation and a calcification of “us vs. the enemy” mentality. We only need to take a cursory examination of the recent verbal exchanges between the Kenyan president and al-Shabaab to understand the severity of issue at hand. Continuing the bombastic rhetoric, President Kenyatta declared that he plans to persist “unbowed” with the scorched-earth policy against al-Shabaab, looking to respond in the “severest way possible” against those he deems responsible. Coinciding with that, we saw al-Shabaab release a statement declaring that “Kenyan cities will run red with blood” until Somalia is “liberated from Kenyan occupation” [9].
To fully explore the current conflict between al-Shabaab, Somalia, Kenya, and all of its neighboring states requires much greater length and a different forum of discussion. However, there are a few thoughts and observations that should strike all those concerned with the situation. First, heavy-handed response by the state security apparatus’ rarely serve to quell violent and disenfranchised armed opposition. To expect al-shabaab to simply dissipate by means of state-sponsored extrajudicial executions and shelling of the civilian populations near which they are potentially operating is a failure on both humanitarian and moral levels. This must be acknowledged as an independent fact, regardless of the nature of violence doled out by al-Shabaab. This applies not only to the Kenyan security forces, but all other security forces involved in the conflagration as well (In particular, Ethiopia and the United States.) Furthermore, as we have seen through countless other recent conflicts in the “global war on terror,” military-interventionist policies are likely to promote hostilities not only within the country being occupied, but potentially the diaspora of that region as well. Viewing all Somali’s as potential suspects is an objectionable violation of the very principles that these countries claim to be fighting for in a “war against terrorism.” Lastly, at the very least, citizens around the globe should continue to be highly skeptical of their governments when a foreign incursion is suggested as a cure-all for “fighting terrorism.” As we’ve seen all too often, it is not just those engaged in the immediate conflict but also those shopping at the markets or attending University that pay the price.
Jason Mueller is a Research Fellow at the ‘Center for the Study of Democracy’ and Graduate (PhD) student in the department of Sociology at the University of California, Irvine. Research areas include: Social Movements, Political Violence, and State Repression, with a particular interest in Somali affairs. He can be reached at: jmueller018@gmail.com
References.
[1] Ellis, Ralph, Ben Brumfield, and Christian Purefoy. “Five arrested in deadly attack on Kenyan college.” CNN. April 3, 2015. http://www.cnn.com/2015/04/03/africa/kenya-garissa-university-attack/index.html
[2] Honan, Edith. “Al Shabaab Kills at Least 147 at Kenyan University; Siege Ends.” Reuters. April 3, 2015. http://uk.reuters.com/article/2015/04/02/uk-kenya-security-college-idUKKBN0MT0CS20150402 ; and, “Kenya Sees Biggest Al-Shabaab Attack Yet; 147 Dead.” Modern Ghana. April 3, 2015. http://www.modernghana.com/news/609071/1/kenya-sees-biggest-al-shabaab-attack-yet-147-dead.html
[3] Ellis, Ralph, Ben Brumfield, and Christian Purefoy. “Five arrested in deadly attack on Kenyan college.”
[4] “Kenyan Troops ‘kill 60 Al-Shabab Fighters’ in Somalia.” BBC News. January 7, 2012. http://www.bbc.co.uk/news/world-africa-16455039
[5] McConnell, Tristan. “Who Is Al Shabaab Leader Ahmed Godane?” GlobalPost. October 1, 2013. http://www.globalpost.com/dispatch/news/regions/africa/kenya/131001/who-al-shabaab-leader-ahmed-godane
[6] Human Rights Watch, “World Report 2013: Somalia.” http://www.hrw.org/world-report/2013/country-chapters/somalia
[7] Hidalgo, Paul. “Kenya’s Worst Enemy.” Hiiraan. April 24, 2014. http://hiiraan.com/op4/2014/apr/54256/kenya_s_worst_enemy.aspx
[8] “Exclusive: Kenyan Counterterrorism Police Admit to Extrajudicial Killings.” Al Jazeera. December 8, 2014. http://america.aljazeera.com/articles/2014/12/8/kenyan-counter-terrorismpoliceconfesstoextrajudicialkillings.html
[9] “Kenya to Respond to Shebab Attack in ‘severest Way’: President.” AFP/Modern Ghana. April 4, 2015. http://www.modernghana.com/news/609246/1/kenya-to-respond-to-shebab-attack-in-severest-way-.html
Civilians killed in US drone attacks: Rights group
Press TV – November 28, 2014
A rights group says many civilians have been targeted and killed in US drone attacks in Pakistan and other countries where such raids are carried out, Press TV reports.
The UK-based rights group Reprieve revealed that civilians have been killed in Pakistan and other places before militants were targeted by US assassination drones.
Reprieve has presented several cases on how ruthlessly the US Central Intelligence Agency (CIA) has killed civilians but declared them militants through dubious reports in the media, which regularly cite anonymous Pakistani and US officials.
In one such case, the CIA killed 221 people, including over 100 children, in Pakistan in search of just four militants. This is while three of the militants are reportedly still alive and the fourth one has died of natural causes.
In another example, the report pointed out that on average each militant was targeted and reported killed more than three times before they were actually killed.
To kill one militant, sometimes “more than 300 people have been killed,” said Mirza Shazad Akbar, Reprieve’s representative in Pakistan.
“A former US drone operator said that by looking at the monitor and looking at people’s movement, he could actually tell who is a bad person and who is a good person… This is the extent of… the [US] flawed intelligence,” Akbar added.
But this is just the tip of the iceberg of the scale of tragedy in Pakistan’s tribal areas, where more than 3,800 people have been killed with the same pattern of the so-called precise surgical drone strikes.
The US carries out targeted killings through drone strikes in several Muslim countries, such as Afghanistan, Yemen, Pakistan and Somalia. Washington claims the targets of the drone attacks are militants, but local officials and witnesses maintain that civilians have been the main victims of such raids over the past few years.
The United Nations and several human rights organizations have identified the US as the world’s number-one user of “targeted killings,” largely due to its drone attacks in Pakistan and Afghanistan.



