US decision on Golan Heights violates UN Security Council resolutions – Putin
RT | April 8, 2019
The US’ decision to recognize Tel Aviv’s sovereignty over the Israeli-occupied Syrian Golan Heights region violates UN Security Council resolutions – a position that Moscow has already made clear, Russia’s president said.
Following a meeting between Vladimir Putin and his Turkish counterpart Recep Tayyip Erdogan in Moscow on Monday, the Russian leader was asked by reporters about Moscow’s stance on the US move.
“Regarding recognition of the Golan Heights as a part of Israel, you already know Russian stance. It’s been presented in a statement by Russia’s Foreign Ministry. The [US] move violates respective UN Security Council resolutions,” Putin stated.
Syria’s Golan Heights region has been occupied by Israel since 1967 and later Tel Aviv unilaterally proclaimed sovereignty over it. US President Donald Trump announced the decision to recognize Tel Aviv’s sovereignty over it in late March, gaining praise of Israel – and sparking world-wide outrage. Trump’s move has received no support outside of Israel, getting rejected even by the closest allies of the US.
Is Trump’s Designation of Iran Revolutionary Guard Corps as Terrorist Organization a Set-Up for War?
By Whitney Webb | MintPress News | April 8, 2019
WASHINGTON — The Trump administration designated Iran’s Islamic Revolutionary Guard Corps (IRGC), an elite group of that country’s military, as a foreign terrorist organization early Monday, confirming a report published last Friday in the Wall Street Journal that suggested that such a move was likely to occur in a matter of days. In a statement released Monday, the White House stated:
This unprecedented step, led by the Department of State, recognizes the reality that Iran is not only a State Sponsor of Terrorism, but that the IRGC actively participates in, finances, and promotes terrorism as a tool of statecraft.”
While most reports on the subject have interpreted the move as aimed at pressuring European countries and others from conducting business with Iran while also making the Iran nuclear deal much more difficult to revive, the move would further allow the Trump administration to conduct more “robust” combat operations against Iran’s military, all without congressional approval.
As was noted by the WSJ and other outlets, the Trump administration’s upcoming move to label the IRGC a foreign terrorist organization would mark the first time that any element of a foreign state is officially labeled as a terrorist group. The Bush administration had previously blacklisted the Quds Force, the IRGC unit in charge of foreign operations, in 2007 “for its support of terrorism,” and further described the group as Iran’s “primary arm for executing its policy of supporting terrorist and insurgent groups.” However, unlike the Trump administration, they stopped short of labelling the IRGC, or any of its elements, as foreign terrorist organizations themselves.
Reports from last month indicate that current Secretary of State and former CIA Director, Mike Pompeo, was one of the administration’s top officials behind the move. At the time, the New York Times noted that many officials in the Pentagon and the CIA opposed the move, given that such a designation against the IRGC could have profound repercussions for U.S. troops stationed abroad, particularly in the Middle East. Indeed, soon after the recent WSJ piece was published, IRGC’s commander, Mohammad Ali Jafari, warned that U.S. troops in the Middle East would “lose their current status of ease and serenity” and that Iran’s government would make a “reciprocal move” against the U.S. military — labeling it a terrorist group — were the Trump administration to go forward with its latest move to target the IRGC.
Where’s Trump going with this designation?
Several reports have mulled over the likely motives behind the move to label the IRGC a foreign terrorist organization, with some suggesting that the move would be used as a threat to dissuade other countries from conducting business with Iran, while others asserted that the move was aimed at curbing the ability of any future U.S. president — particularly if a Democrat takes the White House in 2020 — from resurrecting the Joint Comprehensive Plan of Action, know broadly as the Iran nuclear deal. Trump unilaterally withdrew from the Iran nuclear deal in 2018, a move which earned him strong praise from long-time Iran hawks as well Israel’s Prime Minister Benjamin Netanyahu and Trump’s most powerful political donor, billionaire Sheldon Adelson.
Yet, upon more careful consideration, an economic motive seems unlikely in light of the fact that the Trump administration has already imposed draconian sanctions on almost every sector of Iran’s economy and government, including the IRGC. In addition, making such a drastic move now to prevent a future president in 2020 or beyond from reviving the Iran deal also seems rather unrealistic given that the 2020 challenger to Trump is still unknown.
A much more likely reason for the designation is the fact that labeling any group a foreign terrorist organization allows that group to be targeted by the U.S. government by means of the Authorization for Use of Military Force (AUMF). Past reports on other groups labeled as terrorist organizations have noted that “though the CIA can gather intelligence on terror groups regardless of their status on a State Department list, official designation unlocks more robust means to combat them since it triggers the Authorization for Use of Military Force.”
Notably, the CIA opened a new “mission center” on Iran in June 2017 — when Pompeo was CIA director — aimed at “turning up the heat” on Iran and making the country a “higher priority” for American spies. Now, just under two years later, the designation of the IRGC as a terrorist group allows those clandestine operations to become “more robust” and more overt thanks to the years-long expansion of the 2001 AUMF.
Colonel W. Patrick Lang, a retired senior officer of U.S. Military Intelligence and U.S. Army Special Forces, noted on Sunday that the move amounts to a “declaration of war” against Iran’s military, writing:
The official designation as “terrorist” of the IRGC, which is a 125,000 man army with its own navy and air force, makes it legal for the U.S. Armed Forces to attack the IRGC and its people wherever they are found and under any circumstances that may occur.”
Other echoes Lang’s concerns, including Wendy Sherman, former under-secretary of state and current director of the Center for Public Leadership at the Harvard Kennedy School. Sherman told Reuters on Sunday:
One might even suggest, since it’s hard to see why this is in our interest, if the president isn’t looking for a basis for a conflict. The IRGC is already fully sanctioned and this escalation absolutely endangers our troops in the region.”
Stretching the AUMF
The Authorization for Use of Military Force (AUMF) was originally passed in 2001 in the wake of the September 11 attacks and its text authorizes the president:
[T]o use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.”
Despite being expressly aimed at groups believed to be responsible for September 11, the AUMF has been expanded under the Bush, Obama and Trump administrations to justify military action in dozens of countries against dozens of groups, many of them with no links to al Qaeda.
Trump, since his first year in office, has been building a case to link the IRGC to al Qaeda, a case entirely devoid of evidence and one that has long seemed aimed at triggering military conflict between the United States and Iran, particularly by means of the 2001 AUMF. In remarks delivered on October 13, 2017, Trump made the following claims:
Iranian proxies provided training to operatives who were later involved in al Qaeda’s bombing of the American embassies in Kenya, Tanzania, and two years later, killing 224 people, and wounding more than 4,000 others.
The regime harbored high-level terrorists in the wake of the 9/11 attacks, including Osama bin Laden’s son. In Iraq and Afghanistan, groups supported by Iran have killed hundreds of American military personnel.”
Though Trump’s claims are demonstrably false, the fact that he is surrounded by many long-time Iran hawks does not bode well for the current state of affairs following the administration’s declaration of the IRGC as a foreign terrorist organization.
Setting up a new war?
Another point of concern is the fact that the 2002 AUMF, regarding the president’s ability to authorize the use of military forces in Iraq — which borders Iran — is still on the books. That AUMF, which gave the president authority to send U.S. military troops to Iraq in the lead-up to the Iraq War in order to defend “the national security of the United States against the continuing threat posed by Iraq,” still provides the executive branch with the ability to order military action in Iraq without approval either from the U.S. Congress or from Iraq’s government.
Dr. Jack Goldsmith, a former assistant attorney general in the Office of Legal Council during the George W. Bush administration, noted in 2014:
[The 2002 AUMF] gives the President the discretion to determine when the use of the U.S. Armed Forces is necessary and appropriate to defend U.S. national security against the continuing threat posed by Iraq (not the government of Iraq, not Saddam Hussein, but Iraq), and authorizes the President to use those forces in that circumstance.”
This AUMF is important now in light of the recent designation of the IRGC as a terrorist group and the fact that IRGC-aligned militias are present and active in Iraq, with many of them collaborating with U.S. troops stationed in Iraq in efforts to target terrorist groups like Daesh (ISIS). This declaration not only undermines that collaboration, it also would give Trump authority — per the 2002 AUMF — to send U.S. troops to Iraq without congressional approval in response to the supposed “national security threat” posed by the now-”terrorist” IRGC-aligned militias in the country. Notably, this declaration comes soon after the current Iraqi government called to expel all U.S. troops from its territory.
Not only that, but the new declaration of the IRGC as a terrorist group could also have consequences as far away as Venezuela. Indeed, the U.S. government has claimed for over a decade that the IRGC is “active” in Venezuela and accused them of involvement in Venezuelan intelligence operations, the training of left-wing Colombian paramilitary groups and security assistance to the Venezuelan government. With the IRGC now officially labeled a “terrorist organization”, the provisions of the AUMF now triggered following Trump’s declaration could have very real, troubling consequences for his administration’s regime change efforts in the oil-rich South American country.
With the IRGC now officially labeled a “foreign terrorist organization” by the U.S. government, the march to war with Iran — long a goal of top Trump administration officials — is closer than ever. With more overt and robust military and intelligence operations targeting Iran and the 2001 and 2002 AUMFs now triggered to allow the deployment of U.S. ground troops in and near Iran, the U.S. is just steps away from triggering what could turn into not just a regional war in the Middle East but a global one.
Editor’s note: This story was updated to explain the potential consequences of Trump’s decision to label the IRGC a terrorist group in relation to the Trump administration’s current campaign to topple the Venezuelan government.
Whitney Webb is a MintPress News journalist based in Chile. She has contributed to several independent media outlets including Global Research, EcoWatch, the Ron Paul Institute and 21st Century Wire, among others. She has made several radio and television appearances and is the 2019 winner of the Serena Shim Award for Uncompromised Integrity in Journalism.
Hypocrisy Inc: Washington’s Selective Sanctions
By Brian CLOUGHLEY | Strategic Culture Foundation | 08.04.2019
On April 3 US Vice President Pence told Germany and Turkey to stop dealing with Russia. In a speech in Washington marking the 70th Anniversary of the US-NATO military alliance he declared that “If Germany persists in building the Nord Stream 2 pipeline, as President Trump said, it could turn Germany’s economy into literally a captive of Russia,” while Turkey is being “reckless” and “must choose — does it want to remain a critical partner of the most successful military alliance in the history of the world, or does it want to risk the security of that partnership by making reckless decisions that undermine our alliance?”
(We’ll pass over the fact that “the most successful military alliance in the history of the world” bombed and rocketed Libya in a nine-month blitz in 2011 and claimed a “model intervention” in a country it reduced to anarchy, as reported on April 5.)
Radio Free Europe noted that Pence “voiced US opposition to Turkey’s purchase of a Russian air-defense system… which he said ‘poses great danger to NATO’.” He also threatened that “we will not stand idly by while NATO allies purchase weapons from our adversaries”.
The weapons system to which Washington so violently objects is the S-400 Triumf surface-to-air missile which Army Technology describes as “capable of firing three types of missiles to create a layered defence [and] engaging all types of aerial targets including aircraft, unmanned aerial vehicles, and ballistic and cruise missiles within the range of 400 km, at an altitude of up to 30 km. The system can simultaneously engage 36 targets.” In other words it’s a world-beater with a real punch, as is evidenced by the fact that so many other countries have either got it or want it.
The first sanctions Washington imposed against Turkey concern supply of the 100 Lockheed Martin F-35 combat aircraft ordered at a cost of 16 billion dollars. According to CNN a US spokesman said “Pending an unequivocal Turkish decision to forgo delivery of the S-400, deliveries and activities associated with the stand-up of Turkey’s F-35 operational capability have been suspended.” This is harsh action against a longtime partner and military ally, but it doesn’t stop there, because Washington objects to Russia providing military equipment to other nations.
China is an example. In September 2018 sanctions were imposed on China by Washington because it had engaged in “significant transactions” with Russia’s Rosoboronexport by purchasing SU-35 combat aircraft and S-400 systems.
A US official told reporters “The ultimate target of these sanctions is Russia… [sanctions are] aimed at imposing costs upon Russia in response to its malign activities.” This is effected by US Public Law 115-44, the ‘Countering America’s Adversaries Through Sanctions Act’ (CAATSA) which is intended to “provide congressional review and to counter aggression by the Governments of Iran, the Russian Federation, and North Korea, and for other purposes.”
“Other purposes” is quite a large sphere of implied threat, but the ruling of US legislators in this case is clear, in that any country that acquires S-400 air defence missile systems (for example) from Russia is going to be penalised because Washington is determined to continue “imposing costs upon Russia” for providing such equipment. And it is inevitable that the imposed penalties will impact on the country that has dared to engage with Russia. The Diplomat summed it up by observing that the policy “decrees the imposition of mandatory economic sanctions on countries importing Russian military hardware.”
Except when it doesn’t.
It is apparent that the anti-Russia “Countering Adversaries” legislation directed by Congress is being selectively ignored by Washington, because India is being provided with the S-400 system, and no sanctions have been imposed by America. An agreement for supply of S-400s was signed on October 5, 2018 in Delhi during an India-Russia summit meeting attended by Indian Prime Minister Modi and President Putin. The Economic Times reported that India and Russia “have formally inked the $ 5.2 billion deal for S-400 system. The air defence system is expected to be delivered by the year 2020.”
Following the summit, Outlook India noted approvingly that “Other areas of collaboration, which figured prominently in the joint statement between the two sides, are nuclear reactors, investments by Indian diamond companies in Russian Far East, and ‘joint collaboration in precious metals, minerals, natural resources and forest produce, including timber, through joint investments, production processing and skilled labour’. The review of priority investment projects in the spheres of mining, metallurgy, power, oil, and gas, railways, pharmaceuticals, information technology, chemicals, infrastructure, automobiles, space, shipbuilding and manufacturing of different equipment reflects a focus on the desire for diversification. PM Modi has invited Russian companies to set up industrial parks in India for defence manufacturing.”
It might be thought that such bilateral collaboration in defence matters, especially in regard to provision of the S-400 system, would attract instant action by Washington, designed to penalise India for flagrant contravention of US directives.
But no.
In some fashion, India is different from Turkey and China when it comes to acquiring S-400 missile systems, and an explanation of sorts was offered by the Pentagon’s Assistant Defence Secretary Randall Schriver in testimony to the House of Representatives Armed Forces Committee on March 27. He declared that the US-India “Major Defence Partnership” was prospering by “moving toward deeper security cooperation by increasing operational cooperation and availing key maritime security capabilities.” But then there was mention of the purchase for over five billon dollars by India from Russia of a world-beating air defence system, and Mr Schriver wasn’t comfortable with that.
He was asked by Congressman Seth Moulton how India’s purchase of S-400 systems and the lease of Russian nuclear submarines would impact India-US relations and avoided any reply concerning the submarine lease while stating that purchase of S-400s has “not gone to contract or completed”, which, like so many official statements in Washington, was only half true. Certainly, delivery of the S-400s has not been completed; but for Mr Schriver to claim that the matter “has not gone to contract” is a downright lie.
The effects of Washington’s sanctions on its adversaries have been wide as well as selective. In the case of Turkey, what Pence calls the “reckless decision” to acquire S-400s has shown Ankara that America is not an ally and cannot be trusted, while encouraging it to further examine the dubious benefits of belonging to the US-NATO military alliance. China reacted by saying “We strongly urge the US side to immediately correct the mistake and rescind the so-called sanctions, otherwise the US side will necessarily bear responsibility for the consequences,” while reinforcing China-Russia cooperation and strengthening resistance to US policy of global dominance.
In the case of India, US sanctions’ policy was highlighted on April 2 when the Pentagon announced that India would be provided with 24 US Seahawk maritime attack helicopters for use against China and Pakistan, at a cost of 2.6 billion dollars. India is content that it can do whatever it wants, and New Delhi will continue to benefit from Washington’s total lack of principles and ethical consistency. Selective sanctions are the name of the game.
The US’ Plans To Designate The IRGC As “Terrorists” Aren’t Just For Show
EurasiaFuture | April 8, 2019
From Farce To Tragedy
Alt-Media is making a mockery out of the US’ reported plans to designate the IRGC as “terrorists”, giddily quoting the Iranians who spun this rhetoric around and announced that they’ll reciprocate by doing the same to the US military if that happens. The “chattering class” is having a field day using this opportunity to highlight the many abuses that America has committed across the Mideast and the world in general over the decades, seemingly not caring one bit for the possible consequences that could transpire if the US actually goes through with the unprecedented move of designating part of a foreign military as “terrorists”. That’s a mistake because the US’ plans need to be taken much more seriously than they are since they’ll likely herald a new escalation of the Hybrid War on Iran through the possible commencement of direct strikes against the IRGC and its Hezbollah allies in Syria.
“Sitting Ducks”
Like I wrote back in April 2017 after the US’ first conventional strike against Syria, “Trump’s Cruise Missile Message To Iran” was that his country won’t hesitate to hit it and its non-state allies there next, though provided that America was prepared for the inevitable backlash that this would undoubtedly unleash. In hindsight, the US preferred to “play it safe” and not “up the stakes” to the point of potentially triggering a larger Mideast war, but nowadays it appears as though Bolton has convinced Trump that now is the perfect time for striking Iranian positions in Syria due to the Islamic Republic’s refusal to agree to the dignified but “phased withdrawal” that Russia has been pressing them to commence for most of the past year as part of its broader “balancing” strategy. In addition, sanctions have finally begun to bite and a sudden increase in the physical and financial costs of Iran’s Syrian deployment might be all that’s needed to get it to begin the “phased withdrawal” process.
The US insists on maintaining a troop presence in Syria despite Trump’s promised “withdrawal” last year precisely because of its desire to “contain” Iran, so it’s not inconceivable that it will seek to intensify the pressure that it puts on its rival to the point of striking the IRGC and its Hezbollah ally if Washington “officially” regards them both as being “terrorists”. Iran has no air defense assets in the country and Russia is extremely unlikely to allow its Syrian partners to have full and independent control of the much-touted S-300 in order to avoid the scenario of Damascus escalating the situation by shooting at American warplanes and possibly dealing Moscow enormous embarrassment if Washington manages to destroy its surface-to-air missile systems in response. Simply put, Iranian forces are practically “sitting ducks” if the US decides to strike them.
A Likely Ultimatum In Latakia
It should be taken for granted that Iran has many asymmetrical means through which it could likely respond, whether in Syria, Lebanon, the Gulf, or even in “Israel”, but one also shouldn’t over-exaggerate its capabilities either since Tehran has yet to unleash the devastating consequences that it regularly promises every time “Israel” hits its forces in Syria. One can only speculate whether this is a prudent move to patiently wait until the “right moment” or if everything was nothing more than one big bluff to begin with, but whatever the case, the US evidently thinks that it can manage whatever response Iran might have to the potential bombing of the IRGC and Hezbollah by American forces in the event that the former is designated as “terrorists” and Trump wants a dramatic headline-grabbing news event to follow this development.
In fact, the US might even issue an ultimatum to Iran to withdraw from Syria or be militarily driven out after reports recently emerged that the country is about to clinch a deal for operating the Mediterranean port of Latakia just a few hundred kilometers from “Israel“, something that’s sure to set off alarm bells in both Washington and Tel Aviv because of speculation that this economic agreement might have military implications. The reason why an ultimatum might be issued in this case instead of just “bombing first and making demands later” (as is the usual US modus operandi) is because of how close Russia’s Hmeimim airbase is to the port, meaning that any possible strike against Iran’s assets there would be extremely complicated to pull off without coordinating with Russia otherwise another September-like midair tragedy might transpire.
Russia: An Ally To Whom?
“Israel” certainly doesn’t want to repeat the events of that fateful day, nor would the US be willing to risk the outbreak of World War III if a few missiles carelessly veered off course and either hit the Russian base or its assets, so it should be assumed that those two are already in secret talks with Moscow (likely facilitated by Netanyahu’s “shuttle diplomacy” between their two capitals) in order to agree upon a “solution” to this scenario. Syria and Iran should have anticipated that something of the sort was in the works because of Russia’s lengthy track record “passively facilitating” “Israeli” strikes against the IRGC and Hezbollah, so both of them probably predicted that their port deal might force Moscow to stop “balancing” and finally pick a side once and for all.
The “surprise”, however, is that Russia is completely disinclined to pick Iran over “Israel” because it derives enormous strategic benefit in Syria by removing its “friendly competitor” and strengthening its increasingly monopolistic control over the country in the economic, political, and military domains. Furthermore, Iran’s relative weakening is advantageous for Russia because it makes the Islamic Republic more desperate to agree to whatever “sanctions relief” deals Moscow might offer it irrespective of the possibly unfavorable conditions. “Israel”, meanwhile, is poised to become Russia’s top military-strategic partner in the Mideast, and Moscow believes that the comprehensive benefits of this relationship far surpass whatever Iran could provide for it. As such, it can be expected that Russia will silently work to avert the scenario of direct US strikes on the IRGC and especially the Latakia port by more actively encouraging Iran’s dignified but “phased withdrawal” from Syria.
Concluding Thoughts
The US’ very probable designation of the IRGC as a “terrorist” group in the near future would open up the Hybrid War floodgates by providing the “justification” that the Pentagon needs to commence strikes against its rival’s special forces or at least issue the threat thereof as part of a series of forthcoming escalations designed to trigger Iran’s dignified but “phased withdrawal” from Syria. The IRGC has reportedly suffered many casualties already because of Russia’s “passive facilitation” of “Israeli” strikes against it over the years but has yet to make either of them pay, so the likelihood of Iran doing anything real dramatic in response to the US possibly striking its special forces too is low.
In any case, Russia — as the undisputed hegemonic power in Syria — would prefer for the US and “Israel’s” issues with Iran’s military presence in the Arab Republic to be settled as peacefully as possible without posing a danger to its Aerospace Forces, fearful as it is of a repeat of last September’s tragedy in the event that either of those two bomb the Latakia port facilities near its Hmeimim airbase that Iran is on the brink of possessing. Therefore, the US’ reportedly impending designation of the IRGC as “terrorists” will probably cause Russia to cooperate more closely with it behind the scenes (possibly via “Israeli” mediation) to ensure Iran’s dignified but “phased withdrawal” from Syria.
Minnesota Committee Passes Bill to Reform Asset Forfeiture Laws, Opt Out of Federal Equitable Sharing Program
By Mike Maharrey | Tenth Amendment Center | March 27, 2019
ST PAUL, Minn. – A bill moving through the Minnesota House would reform the state’s asset forfeiture laws to require a criminal conviction in most cases and close a loophole allowing state and local police to circumvent the more stringent state asset forfeiture process by passing cases off to the feds.
A bipartisan coalition of representatives introduced House Bill 1971 (HF1971) on March 4. The legislation would effectively end civil asset forfeiture in the state and replace it with a criminal procedure. Under the proposed law, prosecutors would not be able to move forward with asset forfeiture proceedings without first obtaining a criminal conviction in most cases.
HF1971 also addresses the policing for profit motive inherent in the current forfeiture process. Under the proposed law, forfeiture proceeds would be deposited in the state’s general fund after payment of certain expenses. Under the current law, law enforcement agencies keep up to 90 percent of forfeiture proceeds in most cases.
On March 13, the Judiciary Finance and Civil Law Division Committee approved HF1971.
A companion bill (SF2155) was introduced in the Senate on March 7.
NECESSARY
While some people believe the Supreme Court “ended asset forfeiture,” the recent opinion in Timbs v. Indiana ended nothing. Without further action, civil asset forfeiture remains. Additionally, as law professor Ilya Somin noted, the Court left an important issue unresolved. What exactly counts as an “excessive” in the civil forfeiture context?
“That is likely to be a hotly contested issue in the lower federal courts over the next few years. The ultimate effect of today’s decision depends in large part on how that question is resolved. If courts rule that only a few unusually extreme cases qualify as excessive, the impact of Timbs might be relatively marginal.”
Going forward, opponents of civil asset forfeiture could wait and see how lower federal courts will address this “over the next few years,” or they can do what a number of states have already taken steps to do, end the practice on a state level, and opt out of the federal equitable sharing program as well.
FEDERAL LOOPHOLE
Passage of HF1971/SF2155 would take a big step toward closing a loophole that allows state and local police to get around more strict state asset forfeiture laws in a vast majority of situations. This is particularly important in light of a policy directive issued in July 2017 by then-Attorney General Jeff Sessions for the Department of Justice (DOJ).
A federal program known as “Equitable Sharing” allows prosecutors to bypass more stringent state asset forfeiture laws by passing cases off to the federal government through a process known as adoption. The DOJ directive reiterates full support for the equitable sharing program, directs federal law enforcement agencies to aggressively utilize it, and sets the stage to expand it in the future.
Law enforcement agencies can circumvent more strict state forfeiture laws by claiming cases are federal in nature. Under these arrangements, state officials simply hand cases over to a federal agency, participate in the case, and then receive up to 80 percent of the proceeds. However, when states merely withdraw from participation, the federal directive loses its impact.
Until recently, California faced this situation. The state has some of the strongest state-level restrictions on civil asset forfeiture in the country, but state and local police were circumventing the state process by passing cases to the feds. According to a report by the Institute for Justice, Policing for Profit, California ranked as the worst offender of all states in the country between 2000 and 2013. In other words, California law enforcement was passing off a lot of cases to the feds and collecting the loot. The state closed the loophole in 2016.
HF1971/SF2155 features language to close the loophole in most situations.
A local, county, or state law enforcement agency shall not refer, transfer, or otherwise relinquish possession of property seized under state law to a federal agency by way of adoption of the seized property or other means by the federal agency for the purpose of the property’s forfeiture under the federal Controlled Substances Act, United States Code, title 21,section 881; or the Comprehensive Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, section 413.
In a case in which the aggregate net equity value of the property and currency seized has a value of $50,000 or less, excluding the value of contraband, a local, county, orstate law enforcement agency or participant in a joint task force or other multijurisdictional collaboration with the federal governmentshall transfer responsibility for the seized property to the state prosecuting authority for forfeiture under state law.
If the federal government prohibits the transfer of seized property and currency to the state prosecuting authority as required by paragraph (a) and instead requires the property be transferred to the federal government for forfeiture under federal law, the agency is prohibited from accepting payment of any kind or distribution of forfeiture proceeds from the federal government.
As the Tenth Amendment Center previously reported the federal government inserted itself into the asset forfeiture debate in California. The feds clearly want the policy to continue.
Why?
We can only guess. But perhaps the feds recognize paying state and local police agencies directly in cash for handling their enforcement would reveal their weakness. After all, the federal government would find it nearly impossible to prosecute its unconstitutional “War on Drugs” without state and local assistance. Asset forfeiture “equitable sharing” provides a pipeline the feds use to incentivize state and local police to serve as de facto arms of the federal government by funneling billions of dollars into their budgets.
WHAT’S NEXT
HF1971 was referred to the House Ways and Means Committee. SF2155 was referred to the Judiciary and Public Safety Finance and Policy Committee.
US Government’s Refusal to Confirm or Deny It Put American Journalist on Drone Kill List Called ‘Chilling’
“The government seeks to shield itself from all inquiry into the process by which it acts as prosecutor, judge, jury, and executioner.”
By Julia Conley |Common Dreams | April 2, 2019
Lawyers for an American journalist who believes he was placed on the government’s infamous “kill list” warned Tuesday that the rights of all U.S. citizens are at stake if the country’s drone assassination program is allowed to continue.
The organization’s comments came as part of a response to the U.S. government’s attempt to dismiss a lawsuit regarding its use of the list. Reprieve is representing Bilal Abdul Kareem, a journalist and U.S. citizen who claims he was repeatedly targeted —and nearly killed on five separate occasions—by drone and missile attacks in 2016 when he was reporting on the ongoing conflict in Syria.
Kareem joined an Al Jazeera journalist in 2017 in a lawsuit against the government, demanding that the Trump administration remove their names from the “kill list” of potential targets for the U.S. drone program.
If the government manages to have the lawsuit dismissed, legal experts warn it would allow the Trump administration and future presidents to secretly place any American on a kill list without telling them why, therefore stripping them of their constitutional right to due process.
“The right to due process has been a bedrock of the judicial system, and one of the pillars that support a free society going back eight centuries to the Magna Carta,” wrote Tom Emswiler and Will Isenberg in the Boston Globe last summer. “It is the birthright of every American. Gaining a tactical advantage is not worth losing that heritage.”
As Common Dreams reported at the time of the filing, Kareem believes the Obama administration placed him on the kill list and wants President Donald Trump to remove his name, asserting that his inclusion “is the result of arbitrary and capricious agency action, accomplished without due process, and in violation of the United States Constitution and U.S. and international law.”
The government responded that if those included on the U.S. kill list were to be informed and given a trial, national security could be jeopardized during the court case.
Such a claim suggests that the right of the U.S. to operate its drone program trumps Kareem’s—and all Americans’—Fifth and 14th Amendment rights, Reprieve said.
“By invoking the state secrets privilege in the context of designating a U.S. citizen for lethal action, the government seeks to shield itself from all inquiry into the process by which it acts as prosecutor, judge, jury, and executioner of plaintiff Bilal Abdul Kareem,” said Reprieve and the law firm Lewis Baach Kaufmann Middlemiss, which is also representing Kareem, in a statement Tuesday.
The government, in its motion to dismiss, said that Kareem’s due process rights would be satisfied simply by allowing him to present evidence that he has been wrongly placed on the kill list, and that the government was under no obligation to repond.
Reprieve rejected that argument, saying it was akin to “limiting the accused to unilaterally contending that he is innocent of unknown charges in the hopes of persuading a silent, opaque coterie of government officials not to kill him.”
“The government’s assertion that it has the right to mark its own citizens for death, based on secret information, without affording them the legal protections offered by the Constitution, is chilling,” said Jennifer Gibson, co-counsel for Kareem.
“The consequences of this action are too severe,” Reprieve added, “and the right [to due process] too foundational to a constitutional democracy, to allow the government to secretly condemn an American citizen to death.”
There’s Something Rotten in Virginia: Israel Is a Malignant Force in Local Politics

Mel Chaskin, Chairman of Virginia Israel Advisory Board. Credit: YouTube
By Philip Giraldi | American Herald Tribune | April 7, 2019
One of the more interesting aspects of the relentless march of the Israel Lobby in the United States is the extent to which it has expanded its reach down into the state and even local level. Previously, the American Israel Public Affairs Committee (AIPAC) and the hundreds of other Jewish and Christian Zionist organization dedicated to promoting Israeli interests had concentrated on the federal government level and the media, believing correctly that those were the key players in benefiting Israel while also making sure that its public image was highly favorable. The media was the easy part as American Jews were already well placed in the industry and inclined to be helpful. It also turned out that many Congressmen and the political parties themselves had their hands out and were just waiting to be bought, so “Mission Accomplished” turned out to be a lot easier than had been anticipated.
But amidst all the success, the Israeli government and its diaspora supporters discovered that it was receiving a lot of unwelcome publicity from an essentially grassroots movement that went by the label “Boycott, Divest and Sanctions” or BDS. BDS was strong on American campuses and its appeal as a non-violent tool meant that it was growing, to include many young Jews disenchanted with the Prime Minister Benjamin Netanyahu version of the Jewish state.
Israel works hard to influence the United States at all levels and is generally very successful, but it seemed a stretch to try to pass legislation banning a non-violent movement at a national level so it focused on the states, where legislators would presumably be less concerned over the Bill of Rights. It mobilized its diaspora resources to focus on elections at local and state government levels where Jewish constituents were active in interviewing candidates regarding their views on the Middle East. Candidates understood very well what was happening and also appreciated that their answers could determine what level of donations and the kind of press coverage they might receive in return.
Put together enough intimidated legislators in that fashion and you eventually will have a majority willing to pass legislation blocking or even criminalizing the BDS movement while also granting special benefits to Israel. As of this writing, there is anti-BDS legislation in 27 states, some of which denies state services or jobs to anyone who does not sign an agreement to not boycott Israel. Particularly draconian bills currently advancing in Florida equate any criticism of Israel with anti-Semitism, explicitly define Israel as a Jewish state and also enable anyone who says otherwise to be sued.
Another blatant propaganda program that is being used with congressmen, as well as state and local officials plus spouses, is the sponsorship of free “educational” trips to Israel. The trips are carefully coordinated with the Israeli government and many of them are both organized and paid for by an affiliate of the American Israel Public Affairs Committee called the American Israel Education Foundation (AIEF). There are also other trips sponsored by AIEF as well as by regional Jewish organizations that particularly focus on politicians at state and even local levels as well as journalists who write about foreign policy.
Everyone is expected to return from the carefully choreographed trips singing the praises of the wonderful little democracy in the Middle East, and many of the travelers do exactly that. The pro-Israel sentiment is buttressed by the activity of the state and local diaspora Jewish groups, which tend to be very politically active and generous with their political contributions.
This coziness often borders on corruption and inevitably leads to abuses that do not serve the public interest, particularly as American citizens are quite openly promoting the interests of a foreign nation. An interesting example of how this works and the abuse that it can produce has recently surfaced in Virginia, where a so-called Virginia-Israel Advisory Board (VIAB) has actually been funded by the Commonwealth of Virginia taxpayers to promote and even subsidize Israeli business in the state, business that currently runs an estimated $500 million per annum in favor of Israel.
Grant Smith’s Institute for Research: Middle Eastern Policy (IRMEP) has done considerable digging into digging into the affairs of VIAB, which was ostensibly “created to foster closer economic integration between the United States and Israel while supporting the Israeli government’s policy agenda” with a charter defining its role as “advis[ing] the Governor on ways to improve economic and cultural links between the Commonwealth and the State of Israel, with a focus on the areas of commerce and trade, art and education, and general government.” Smith has observed that “VIAB is a pilot for how Israel can quietly obtain taxpayer funding and official status for networked entities that advance Israel from within key state governments.”
Documents released under Virginia’s Freedom of Information Act indicate that not only does VIAB not create opportunities for Virginians, it also is active in working against the BDS movement. According to the documents, VIAB, which avoids any public disclosure of its activities, is currently also being scrutinized by the state Attorney General over its handling of government funds.
VIAB was founded in 2001 but it grew significantly under governor Terry McAuliffe’s administration (2014-2018). McAuliffe, regarded by many as the Clintons’ “bag man,” received what were regarded as generous out-of-state campaign contributors from actively pro-Israeli billionaires Haim Saban and J.B. Pritzker, who were both affiliated with the Democratic Party. McAuliffe met regularly in off-the-record “no press allowed” sessions with Israel advocacy groups and spoke about “the Virginia Advisory Board and its successes.”
The Virginia Coalition for Human Rights (VCHR) reports that VIAB is “the only Israel business promotion entity in the United States embedded within a state government and funded entirely by the state’s taxpayers. In terms of the overall state budget, VIAB’s direct share is small ($209,068 for fiscal years 2017 and 2018). However, VIAB’s diversion of state, federal and private grants, as well as demands on state-funded entities like colleges and universities to collaborate in projects designed primarily to benefit Israel, run in the millions of dollars per year. VIAB’s main objective is to provide preferential and unconditional funding to oftentimes secretive Israeli business projects designed to entwine Israeli industries into Virginia industries and government. VIAB seeks to transcend warranted, growing and legitimate American grassroots concerns about human rights in Israel-Palestine by pressuring state lawmakers and the local business community into providing unconditional support and developing a long-term ‘stake’ in Israel.”
Per VCHR, documents released under the Freedom of Information Act found that VIAB, among other suspect practices, had “Provided reports of success that the office of the Governor found to be “inflated without merit.” VCHR concluded that “there should be no preferential and unconditional Commonwealth of Virginia support for Israeli business projects for four key concerns: moral, economic, good governance and state public opinion.” Moral was due to Israel’s “dismal human rights record,” economic because Virginia has a half-billion dollar trade deficit with Israel, good governance because VIAB’s board and leadership are drawn from the “Israel advocacy ecosystem,” and public opinion because opinion polls suggest that over one third of Virginians favor halting all funding for “Israeli business ventures.”
On a similar issue a shadowy group called the Institute for Curriculum Services (ICS), which is actually a “partisan group with backing by state and local Israel advocacy organizations,” is seeking to change the information conveyed by the history and social studies textbooks used in K-12 classrooms across Virginia. ICS recommended changes include: “1. Emphasizing Arab culpability for crisis initiation leading to military action and failure of peace efforts—and never Israeli culpability, even when it is undisputed historic fact. 2. Replacing the commonly used words of “settlers” with “communities,” “occupation” with “control of,” “wall” with “security fence,” and “militant” with “terrorist.” 3. Referencing Israeli claims such as “Israel annexed East Jerusalem” and the Golan Heights as accepted facts without referencing lack of official recognition by the United Nations and most member nation states.”
The activity of the VIAB is little more than robbery of Virginia state resources being run by mostly local American Jews to benefit their co-religionists in Israel. What is significant is that the theft from the American taxpayer, having long occurred at the federal treasury level, now extends down to state and local jurisdictions. And the ICS is yet one more example of attempted Israeli brainwashing of the American public on behalf of the Jewish state to completely alter the narrative about what is going on in the Middle East. Will it ever end? Perhaps, but only when the American people finally wake up to what is being done to them and by whom.
Iran, Iraq ‘agree on aerial defense cooperation’
Press TV – April 7, 2019
Iran’s top military commander says the country and its neighbor Iraq have agreed to cooperate in the area of air defense to fend off the challenges facing their respective air spaces.
Chairman of the Chiefs of Staff of the Iranian Armed Forces Major General Mohammad Baqeri made the announcement to reporters following a meeting in Tehran with his visiting Iraqi counterpart, Lieutenant General Othman al-Ghanimi, Tasnim News Agency reported on Sunday.
The cooperation, Baqeri said, will be aimed at confronting aerial threats.
The meeting addressed “the integrated defense of Iran and Iraq’s skies, because we might sense threats coming from the direction of [our] western borders,” he added.
“Accordingly, it was agreed that the countries’ air defense sectors work together and more coordination be made in this regard,” the Iranian commander said.
Baqeri said the two sides also agreed on potential training cooperation, the transferring of Iran’s defensive experiences to Iraq, and joint military exercises. Agreements on these, he added, will be finalized during a future visit by the Iraqi military chief.
Ghanimi was in the Iranian capital as part of a delegation accompanying Iraqi Prime Minister Adel Abdul-Mahdi. On Saturday, the delegation met with Leader of the Islamic Revolution Ayatollah Seyyed Ali Khamenei and President Hassan Rouhani.
Baqeri cited the Iraqi commander as saying that Baghdad would be exercising stricter control on the United States’ military presence on its soil.
The American forces are only there to train Iraqis and their activities are under the Iraqi Army’s oversight, Baqeri added, citing al-Ghanimi.
In his meeting with Ghanimi, Ayatollah Khamenei had stressed that the Iraqi government should make sure that US forces leave Iraq as soon as possible.
The ‘Caesar Report’ conundrum and the increasing weaponisation of “international justice”
Moaz Moustafa (on right) facilitates John McCain’s illegal entry into Syria to meet with extremist group leaders and known kidnappers. (Photo: Antiwar)
By Tim Hayward | 21st Century Wire | April 6, 2019
The photos brought to public attention in January 2014 by the anonymous witness codenamed ‘Caesar’ show corpses, thousands in number, deceased from violent causes, some bearing signs of torture and many having suffered starvation and neglect.[1] The dead are said to be victims of Syrian state detention facilities, but it is now known that many were not, and it is still not known for sure how many of them were.[2]
If the atrocity of the crimes to which the photos attest is in no doubt, the question of who perpetrated them is less clear-cut. Yet Western reports have unequivocally blamed the ‘Assad regime’. A counter-hypothesis, hardly considered in public discussions, is that many of the bodies were of civilians captured by Jaish al-Islam (JAI) after taking control of Douma in December 2012. JAI are known to have starved their captives while using them as slave labourers, which they did on a scale monumental enough to create the extraordinary network of deep and impressively engineered tunnels that we now see had been built across the area under their control.[3]
Nevertheless, a Qatari-sponsored prosecution team vouched for the Caesar evidence as being ‘capable of being believed’ – in a court of law – to show ‘systematic torture and killing of detained persons by the agents of the Syrian government.’[4] The Western media’s subsequent dissemination of the prosecutors’ interpretation of the images – unchallenged – caused it to be widely believed in the ‘court of public opinion’. Despite significant unsettled and unsettling questions, then, a particular account of what the images show has exercised considerable influence over people’s default assumptions about accountability for atrocities in Syria.
It is the influence of this specific interpretation of evidence that will be reflected on here, and without prejudice as to what may be established about occurrences in Syrian detention on other bases.[5] Questions about the Caesar evidence point up concerns about the extent to which the dissemination of inaccurate information might have distorted the written historical record of our times and how it may have practically influenced real decisions and events.
It matters to get at the truth about the photos for those reasons, as well as for the sake of families whose loved ones have disappeared, but there is also a further reason. This concerns a use made of Caesar’s testimony that may affect the future course of history too. It is the promotion by Western prosecutors of judicial innovation in the pursuit of accountability for atrocity crimes. The purpose of this article is to set out how and why that is a concern, and fundamentally one about justice.
To situate the discussion it will be worth briefly outlining the contrasting kinds of reception the Caesar testimony has received – affirmative versus sceptical – and then also pointing to a much less noticed reception, one of significant silence. For there is an identifiable group of usually vocal critics of the Syrian president and government that has refrained from mentioning the name Caesar. This in itself could be somewhat revealing about what intelligence that group accepts as authoritative. But it also throws into relief the distinctive commitments of another group who, by contrast, have made considerable use of the Caesar name.
It is they who have, for instance, provided the impetus behind successful lobbying for the Caesar Syria Civilian Protection Act in the United States. Less spectacular, but of potentially more enduring international significance, is dissemination of Caesar’s narrative in a wider campaign aimed at creating increasingly flexible mechanisms for international criminal prosecutions.[6]
Billed by some as a progressive and cosmopolitan approach to ‘global justice’ that sets human rights above the prerogative of despots, this movement might more cautiously be assessed as legitimising ‘regime change’ by means of judicial innovation. Such use of the Caesar testimony could serve not only to delegitimise the current president of Syria but also to enhance the possibility of delegitimising any head of state.
This would be at the initiative of prosecution teams who themselves are accountable to their clients and sponsors rather than to the victims of conflict or to principles of humanitarian justice. The argument thus to be developed in this article commends caution about both the evidentiary value of the Caesar testimony and the intentions of those who have most vocally asserted it.
Caesar, his story and the questions raised.
The basic outline of Caesar’s story can be sketched quite succinctly. According to the testimony attributed to Caesar, he had been working as a military photographer in Damascus, where his job was to photograph the dead for purposes of state record keeping. In 2011, concerned at the number of deceased, and the visible indications of torture and starvation, he started smuggling digital files of the images to a contact, now referred to as Sami, who passed them to the Syrian National Movement (SNM). In August 2013, the SNM facilitated Caesar’s extrication from Syria, to be followed shortly after by his immediate family members.
The SNM, although based in Turkey, was backed by Qatar, and the Qatari government hired a team of lawyers and forensic specialists to assess the credibility of the witness and his evidence as a basis for potential prosecutions. In a matter of days the team pronounced Caesar’s evidence ‘capable of being believed’ in a court.[7]
Caesar was then taken to Washington on a visit facilitated by Mouaz Moustafa, director of the Syrian Emergency Task Force, a US State Department sponsored organisation representing some of the anti-government forces in Syria. When giving testimony there, Caesar’s face was concealed and his words were whispered to Moustafa, who acted as translator. After appearing in several other high profile venues with similar arrangements for anonymity, Caesar withdrew from the limelight.
Caesar testimony fed through Moaz Moustafa, facilitator of McCain’s trip to meet “rebels” in Syria. (Photo: Tim Hayward blog)
Meanwhile, an influential section of United States political opinion has pronounced itself confident enough in the witness Caesar to enact legislation in his name – the Caesar Syria Civilian Protection Act – aimed at enforcing ‘accountability’ measures on Syria. The lead author of the Caesar Report, David Crane, has spoken of the photographic evidence as a ‘smoking gun’, words echoed by Keith Harper, US Ambassador to the UN Human Rights Commission (UNHRC). Stephen Rapp, the former US Ambassador At Large for War Crimes, has stated that the photos help to provide ‘much better evidence than has been available to prosecutors anywhere since Nuremberg’.[8]
Prosecution teams in Europe have also attributed great value to the photos as evidence of atrocity crimes.[9] Among the lawyers prominent in promoting the prosecutorial value of the Caesar evidence are Toby Cadman,[10] Wolfgang Kaleck[11] and Patrick Kroker.[12] Meanwhile, the NGO Human Rights Watch produced its own report claiming to validate some of the Caesar evidence.[13] A number of journalists have also expressed themselves convinced, including Richard Engel, who has met ‘Caesar’, and Josh Rogin, Ben Taub, Susie Linfield,[14] Nick Robins-Early,[15] Adam Ciralsky,[16] Jim Muir for the BBC,[17] as well as many more contributors to news outlets including Spiegel,[18] Daily Mail,[19] CNN.[20]
Garance le Caisne wrote a book on Operation Caesar, and documentary films featuring it include Sara Afshar’s Syria’s Disappeared. Affirmation of the evidence has made its way into academic publications too. Some of this has come from people involved in organisations campaigning for an approach to justice and accountability for atrocity crimes that allows implementation of a ‘responsibility to prosecute’.
Those with this interest include prosecution lawyers and advisors like Stephen Rapp, David Crane, Wolfgang Kaleck, Patrick Kroker, and Beth Van Schaack. Other academics who have cited the Caesar evidence uncritically, treating it as part of an established factual record, include: Noha Aboueldahab;[21] Jamie Allinson;[22] Adam Bazco, Gilles Dorronsoro and Arthur Quesnay;[23] Nader Hashemi;[24] Bessma Momani and Tanzeel Hazak;[25] Chris Tenove;[26] and Thomas Weiss.[27]
Some academics have cited the HRW report rather than the original Caesar Report, even if, like Van Schaack,[28] they apparently did not notice how HRW had significantly modified some of the original report’s claims, such as the 11,000 victims figure that HRW corrected down. In all, it can certainly be said that Operation Caesar has made its way into publications that will be regarded as laying down the historical record.
Not everyone is convinced, however. Even the initial reception was cautious in some quarters. One reason was the revelation that Operation Caesar had been initiated by Qatar, a country that had been providing funds – now known to be in the billions of dollars – to opposition fighters aiming to bring down the government of Bashar al-Assad.
There were also the questions, flagged at the start of this article, that are simply begged by appeals – of Rapp and others – to the confirmation by the FBI that the photos showed real dead people.[29] Other serious concerns have been set out in detail by Rick Sterling[30] and Adam Larson[31], but an elementary and conspicuous one is the unconvincing justification for Caesar’s anonymity, which serves to prevent any rigorous independent questioning of his story.
The rationale given for secrecy appears to depend on the implausible proposition that a photographer in the state’s employ could go missing and yet not be missed. A result of the anonymity is that the public ultimately has to place a lot of trust in the competence, integrity and good faith of the people translating and relaying the story. Given that these are people pressing a case for the prosecution, it would be only proper to allow a full examination of the methods they have deployed in presenting their case.
From a defence perspective, it would be hard to ignore facts like prime mover Rapp and the fixer and translator Moustafa having been among the most persistent lobbyists on Capitol Hill for regime change – previously in Libya and then in Syria. Rapp, furthermore, has been campaigning for changes in international criminal law that would lower the barriers to prosecution for atrocity crimes. Even their allies in the quest to prosecute Assad have expressed reservations.
Notably, the directors of the organisations gathering the documentary evidence that Rapp finds the necessary complement of Caesar’s evidence have been quite clear on the point. Thus Bill Wiley, director of the Europe-based Commission for International Justice and Accountability (CIJA) has said ‘would it make a case against Assad? No, not at all, not at all.’[32] Wiley’s counterpart in America, Mohammad al-Abdallah – director of the Syria Justice and Accountability Centre – is also deeply sceptical of the photos’ evidentiary value.[33]
Who dares to cite Caesar?
The central concern of this study can now be further delineated by reference to a group of social media commentators who, to my initial surprise, have appeared to accept that point. This is a group of people who are generally vocal in matters relating to the war in Syria and would not typically pass up an opportunity to highlight crimes alleged of the Syrian president and government.
This group would include Idrees Ahmad, Eliot Higgins, Oz Katerji, Scott Lucas, George Monbiot,[34] Thomas Pierret and Robin Yassin-Kassab. None of them – as far as I can discern – has ever referred to Caesar.[35] The most natural explanation would be that each has individually examined the Caesar Report and decided it did indeed give rise to the critical concerns that sceptics have identified.
However, the same people have been prepared to refer to the HRW report that validates the Caesar evidence, even though it does not address the critical questions. It is as if they are aware that particulars of the Caesar story may be vulnerable to being discredited but they are satisfied that the reputation of the NGO makes it safe to cite as an authority.
What makes this anomalous is that similar caution does not come into play for members of the group with regard to other operations that are no less controversial. A notable example would be the White Helmets. The idea that the White Helmets organisation consists of unarmed humanitarian volunteers devoted to altruistic and impartial service of their home communities is demonstrably misleading in that the funding, coordination and training comes from abroad, its recruits are paid, and they do not represent or serve all sections of Syrian society.
If some of the men may simply be carrying out the tasks they are ostensibly paid to, others have appeared to bear arms and to collaborate with militant extremists. Some have been accused of crimes, including serious ones, and there are even questions about whether some may have been involved in committing atrocities. In short, if one sees reason to be cautious about the credibility of Caesar it would be consistent and reasonable to be cautious about the White Helmets too.
In order to try and resolve the anomaly, it is worth considering another feature of the White Helmets operation that invites comparison with the Caesar narrative:
‘Like Caesar, the White Helmets—also known as the Syrian Civil Defense forces—have become inadvertent documentarians. … White Helmet volunteers have testified before the Security Council, in capitals, and elsewhere and provided photographs and videos of the aftermath of attacks that have helped to shed light on chemical weapon use.’[36]
This documentary role – ‘inadvertent’ or otherwise – has not been lost on promoters of the two operations. Of the Caesar exhibition, Van Schaack observes ‘Such displays respond to the behavioral psychology research on the “picture superiority effect,” which teaches that humans respond to photos more viscerally than to text.’
Of the White Helmets, James Le Mesurier has explained how, in 2012, the security firm he then co-directed, ARK FZC, consulted global market research showing that military and security actors were least likely to win public trust whereas first responders are the most trusted.[37] Thereupon ARK created the White Helmets, and Le Mesurier subsequently formed the Netherlands-registered non-profit Mayday Rescue to manage them (although he was funded from sources like the UK FCO through his company Mayday Rescue FZ-LLC based in a UAE tax haven). As documentarians, the White Helmets have had a much more widespread and sustained impact than Operation Caesar.
So there are some differences worth reflecting on. First, the publicity value of the Caesar images needs no narrative or naming, no due process or due diligence to underwrite, since it is immediate and visceral.
The name that needs to be tagged to those images, moreover, is not Caesar but Assad.[38] People don’t need to be kept in mind of the codename for an operation but they do need to have in mind a constant association of those terrible images with the name of Assad. Seen in this light, therefore, silence about Caesar is an entirely consistent element of an anti-Assadist strategy to influence public opinion.
By contrast, although the White Helmets also make considerable use of imagery,[39] their narrative and their projected identity are necessary for situating and making sense of the images. Moreover, they are protagonists of their own narrative and have remained in situ to cover continuing developments on the ground (even if they have had to move towns as battle lines have shifted).
Their trustworthiness being necessary for the effect of their message, it has been vigorously defended even in the face of serious criticisms. So it is not so surprising, after all, that activists and publicists who have avoided getting drawn into discussion of the Caesar narrative stand firm in defence of the White Helmets narrative.
But if the preference for the White Helmets over Caesar is explicable in those terms, what then needs to be understood is why some other people have nevertheless so actively promoted the Caesar narrative. If the initial purpose of promoting it was to press President Obama’s administration to take a more active interventionist approach to Syria, then it had already failed, and Caesar was not in a position to produce any new evidence. In seeking an explanation it is worth reflecting on who has been most active and consistent in promoting Operation Caesar – from its inception to this day.
The Caesar promoters
The lead author of the Qatari-commissioned Caesar report is David Crane, and he also leads the Syrian Accountability Project (SAP), which he founded some time prior to Caesar’s defection.[40] SAP is said to be student-run and its clients include the Syrian National Council and US State Department.[41] It also ‘works very closely with’ the Syria Justice and Accountability Centre, which in turn is a conduit of US funding to CIJA.
Incidentally, Rapp, Crane, and fellow Caesar Report author Desmond De Silva, were all previously successive holders of the same job, namely, chief prosecutor at the Special Court for Sierra Leone.[42] The man who brought Caesar from his Qatari handlers to the West, and accompanied him on tour, even providing his voice, is Mouaz Moustafa.
Moustafa’s constant companion on the tour – which has included visits to the UK Foreign Office – is Rapp. Rapp was also involved in founding the organisation supplying the documentary evidence that is a sine qua non for the legal effect of Caesar materials. Now known as CIJA, that organisation grew out of Wiley’s collaboration at ARK FZC with the UK FCO’s go-to contractor, the former diplomat Alistair Harris, who through his ARK business also founded the White Helmets and other Syria security and ‘stabilisation’ projects.
Harris, a man of ideas and advocacy as well as action, was co-author with Cadman and Moustafa of a 2013 paper for RUSI urging that it was not too soon to start implementing transitional justice in Syria; and Harris’s ARK has been a conduit of funding – received from US as well as UK – for Moustafa’s organization SETF. As for the European prosecutions, and related initiatives pressing for ‘universal jurisdiction,’ Rapp is there too a constant and inspirational presence.

Stephen Rapp with Moaz Moustafa in New Hampshire. (Photo: New Hampshire Gazette)
Rapp’s core ambition is not focused exclusively on President Assad. He advocates in more general terms a principle of ‘no peace without justice’, which he interprets as implying a ‘responsibility to prosecute’ whose ultimate implications would be to enhance the legitimacy of externally imposed regime change operations on any nation – not just Syria – whose leadership is deemed to be oppressing its people and standing in the way of democracy and freedom.
It may be noted that Rapp has been part of on-going high level US deliberations about how to finesse that nation’s awkward situation of wanting to see other countries’ leaders prosecuted while not itself even signing up to the existing procedures that are provided by the International Criminal Court (ICC).
This conundrum has exercised the American elite for some years, and Rapp appears committed to a solution that lies in promoting innovative jurisprudence and hybrid courts. It would be facilitated by the emergence of a principle of ‘universal jurisdiction’, a principle that has gained particular traction in Germany, and some in other European countries too, like Spain, France and Sweden,[43] where the Caesar materials have apparently been deployed in courts.
In short, there is a discernible aim here of redefining the rules of the ‘rules-based international order’, with particular relevance to who shall be permitted to govern a country.[44] This is to press for global rules that override the powers of nation-states – a development whose effects are akin to what is already being accomplished through trade and investment agreements like TTP and TTIP by imposing rules of corporate globalism on nations with compliant governments.
Thus, from the standpoint of concern to serve US-based corporate interests, there is more at stake than the matter of who should be president of Syria.
The purpose of Caesar
Viewed from that perspective, Operation Caesar appears as a particular expedient in relation to a particular recalcitrant nation-state. The Caesar materials are likely to have little or no direct legal effect to that end, however, according to Wiley, and will not make a case against Assad in courts.
What the images do is harness powerful human emotion to the case. And it is entirely fitting that great human emotion should be stirred by images of human atrocities, as it may also be fitting that justice and accountability should be sought. If war crimes are committed, justice arguably requires accountability for them,[45] and so the value of evidence has to be assessed on its merits, and that means creating opportunities for such an assessment – even, conceivably, by deploying innovative judicial means.
I would just add that there are also other important considerations to keep in mind.
First, justice has to be assiduously sought by means that are rigorously directed to the pursuit of truth. This would be a sine qua non for just retribution. The pursuit of justice requires great scrupulousness of method and honesty of intent; it entails respecting the presumption of innocence, ensuring procedures are impartial and consistent, with due transparency and openness. These are qualities that need ensuring and cannot be assumed to follow from initiatives of ‘innovation’ that are pursued by special interest groups as is a concern about Operation Caesar.
Second is the need in due process to reserve judgement as to the honesty and intentions of witnesses to any alleged crime, pending their evidence being put to the test in a properly constituted hearing.
For the purposes of justice it is never to be assumed that all people at all times act honestly and in good faith, for it is precisely because they do not that institutions of justice are required to provide a remedy.
Thus a requisite degree of realism in retributive justice has always to attend to motivations, including thoughts about deterrents and incentives. As well as this general concern there is in the present context also a more specific kind of concern. It is a fact that deceptive events are sometimes staged, including by way of what are referred to as false flag operations.
Regarding many of the various accusations of atrocity crimes levelled against the Syrian government there are reasonable grounds for doubt, and justice certainly requires that no blanket presumption be made about the dependability of testimony from witnesses like the White Helmets or Caesar.
Third, although the Caesar evidence, like that of the White Helmets, has never been tested in a properly constituted court of law, it has sounded very loudly in the media and has thus exercised a determinate influence on the ‘court of public opinion’.
The media reports that shape public opinion, however, often appear to have scant regard for truth or accuracy, let alone justice. Insofar as promoters of prosecutions against state leaders are also seeking to use ‘innovative’ forms of justice effectively to lower the barrier to effective prosecutions, it could be perceived as extremely prejudicial that they are able to make their case so unrestrainedly to the wider public ahead of any properly constituted hearing.
Fourth, there is the distinct possibility that under circumstances where not only is public opinion manipulated but also political agendas are promoted, the communications can even provide incentives to stage harmful acts as false flag operations.
Specifically, the pronouncement of red lines can favour this effect. There are strong grounds for suspicion that in practice this effect has operated from time to time in Syria, as elsewhere, and a simple logic of incentives does nothing to assuage such suspicions.
It is therefore a matter of serious concern that the informal penumbra of ‘justice and accountability’ talk that goes to support the imposition of ‘red lines’ could be not only prejudicial to the trying of crimes that have occurred but potentially be used to support incentives for crimes to be committed.
The fifth point is the most important of all. Concerns about justice and accountability for war crimes are ultimately about acting on behalf of the moral conscience of humanity.
If any given war crime shocks the human conscience, then so much more ought the very occurrence of war itself do so, especially when it is not clearly just or necessary.
If war crimes have been committed in Syria it is because there has been a war in Syria – a war that need never have been but for the provocations and facilitations of external actors.
If we truly want to hold people responsible for war crimes, then should we not attribute great responsibility to those whose actions are among the root causes of them?
Let us bear in mind, for instance, that Qatar was the biggest supplier of funds and arms to the enemies of Syria’s government, and that the United States has been a major orchestrator of international collaboration to delegitimise that government. With such facts in mind, it can be argued that for agents of those states to be producing evidence to accuse Syria of war crimes is to add moral insult to injury.
Had these states not promoted an armed insurgency in the first place, there would have been no war and thus no war crimes in Syria. They certainly have earned no benefit of the doubt regarding the anonymous, secretive and unverifiable testimony their agents jointly presented in Operation Caesar.
On this last point, it is further interesting to note that we in the West do not receive much unfiltered communication from the side of the defence to these attempted prosecutions. We hear that Syria, Russia, China and various non-aligned countries have forceful reservations but this is always attributed to pure political calculation on their part. ‘They’, it seems, are always subject to conflicts of interest whereas ‘we’, in the West, are concerned only with the pure pursuit of humanitarian justice.
Just how far this might be from the truth is glimpsed in the reflections of former international criminal defence lawyer Christopher Black. His considerations of the modus operandi of prominent prosecutors like those pressing the ‘responsibility to prosecute’ as part of an ‘innovative justice’ agenda are sobering, to put it mildly.[46] For present purposes, however, it suffices to have indicated the much bigger game that the Caesar testimony has played a small part in.[47]
In conclusion, I would emphasise that it behoves us to try and be clear about the effects of Operation Caesar and learn lessons from the study of it. Having noted that even vocal critics of Assad and his government avoid appeals to Caesar, and given the serious criticisms made by others, we have good reason to reserve judgement as to its credibility.
This means that those who have committed to accrediting it as wholly true have quite possibly disseminated a falsehood. With NGOs, journalists and even academics embedding in it lessons of that possible falsehood, the historical record may already have been distorted in ways that may not be undone. But a still greater concern is that further harms may be generated in the future not only as a result of misinformation but also as a result specifically of what the West’s legal innovators are seeking, which is nothing less than a change in the rules of the ‘rules-based international order’.
We already find some scholars of international law viewing such changes as positive steps towards ‘global justice’. This is a matter about which more critical concern should be in evidence than has been to date.
To put bluntly this contextualised concern about Operation Caesar: not only may it already have altered the historical record, and not only may its effects have served to alter somewhat the course of history to date, but in serving to influence decision makers, it may contribute more indelibly to shifting the baseline of normative consensus in a direction favourable to ousting non-compliant leaders of sovereign states.
That is effectively to bestow legitimacy on imperialist regime change projects.
What justice meanwhile requires with regard to the ‘Caesar’ evidence is genuine and impartial investigation into the truth about who died and at whose hands. The instrumentalisation of those terrible deaths for the purposes of further destabilizing a country ripped apart by violent forces that are aided and abetted by foreign states – including so-called liberal democracies – is itself an affront to the conscience of humankind.
***
[1] For an overview of the story at the time see Ian Black in The Guardian https://www.theguardian.com/world/2014/jan/20/evidence-industrial-scale-killing-syria-war-crimes. For a later and fuller reconstruction see Adam Ciralsky in Vanity Fair: https://www.vanityfair.com/news/2015/06/assad-war-crimes-syria-torture-caesar-hospital.
[2] See the Human Rights Watch study of the Caesar evidence: https://www.hrw.org/report/2015/12/16/if-dead-could-speak/mass-deaths-and-torture-syrias-detention-facilities. For a more detailed and critical study of the evidence see the website of Adam Larson: http://libyancivilwar.blogspot.com/search?q=caesar.
Drawing on Larson’s study, Paul McKeigue has summarised what is not in dispute and what other factors should be borne in mind (personal communication) and I follow his advice in the summary that follows.
Not disputed:- The photos show the bodies of at least 5000 adult men at the Damascus military hospital, many of whom have been starved, over a period of about 8 months up to August 2013. Their identities are unknown, and the bodies have been labelled with numbers.
Other factors:- Some of them may be battlefield casualties, although most have no obvious external injuries. Some of them appear to have been gassed while hung upside down. From this, and the signs of prolonged starvation it is clear that most of them were captives. What is not known for certain regarding most of them is whether they were captured and/or killed by the government or by rebel forces (since the fact of being gathered for delivery to the mortuary could apply in either event. Some victims have tattoos indicating they are Christian, Shia or Assad supporters. The picture is further complicated by the fact that there were prisoner swaps between the Syrian Arab Army (SAA) and JAI in 2013.
Adam Larson (personal communication) adds that there is no semblance of a prison uniform evident in the photos, the men being mainly naked or in underwear, in street clothes or, in a few cases, still in their camouflage military uniforms.
For my part, I do not have the knowledge or expertise to offer an opinion as to the relative likelihoods of the two hypotheses. Nor does my argument depend on the likelihood of the JAI hypothesis being much greater than the official Western hypothesis, as Larson and McKeigue suggest it is. (Nor can some combination of those or other possibilities be definitively ruled out.) My argument relies only on the consideration that a self-consistent and materially possible explanation has not been ruled out while the accepted Western narrative has not been sufficiently established.
[3] https://www.youtube.com/watch?v=PgGqwAwJL5M&feature=youtu.be
[4] https://www.carter-ruck.com/images/uploads/documents/Syria_Report-January_2014.pdf
[5] This is a point made particularly effectively by Dan Murphy in an early response to the Caesar evidence: for he declares himself convinced on the basis of reports from other sources that the Syrian security apparatus is in fact responsible for large scale and egregious violation of human rights, and yet he vigorously challenges the credibility of the Caesar Report. https://www.csmonitor.com/World/Security-Watch/Backchannels/2014/0121/Syria-smoking-gun-report-warrants-a-careful-read
[6] These include, most recently, creation of the International Impartial and Independent Mechanism (IIIM).
[7] https://www.carter-ruck.com/images/uploads/documents/Syria_Report-January_2014.pdf
[8] Rapp in a 2016 interview with Ben Taub in the The New Yorker: https://www.newyorker.com/magazine/2016/04/18/bashar-al-assads-war-crimes-exposed
[9] These include ECCHR https://www.ecchr.eu/en/case/caesar-photos-document-systematic-torture/ and the Guernica teams https://www.guernicagroup.org/syria, and German Public Prosecutors in Karlsruhe https://en.qantara.de/content/assads-crimes-tried-in-german-courts-hoping-for-justice.
[10] Before setting up the Guernica teams, Cadman had been an associate at Cherie Blair’s law firm Omnia and was at the centre of a scandal: https://www.independent.co.uk/news/uk/politics/cherie-blairs-right-hand-man-previously-pitched-to-represent-the-other-side-in-maldives-case-a6779321.html. This is relevant to mention insofar as much of the drive for judicial innovation is based on arguments about humanitarianism and morality that sit uneasily alongside motivations of making business profits.
[11] Wolfgang Kaleck founded the European Center for Constitutional and Human Rights (ECCHR) together with other internationally renowned lawyers in Berlin in 2007. He has promoted prosecuting on the basis of Caesar evidence https://www.ecchr.eu/nc/en/press-release/torture-in-syria-investigations-in-austria-are-a-first-step-now-arrest-warrants-must-follow/
[12] Patrick Kroker is responsible for ECCHR’s work on Syria. He sets out his perspective in this interview: https://www.youtube.com/watch?v=qyi3jkDCRlE&feature=youtu.be
[13] https://www.hrw.org/report/2015/12/16/if-dead-could-speak/mass-deaths-and-torture-syrias-detention-facilities.
[14] Susie Linfield in The New York Review of Books: https://www.nybooks.com/daily/2019/02/09/syrias-torture-photos-witness-to-atrocity/)
[15] https://www.huffingtonpost.co.uk/2015/03/28/syria-war-crimes_n_6950660.html
[16] Adam Ciralsky in Vanity Fair: https://www.vanityfair.com/news/2015/06/assad-war-crimes-syria-torture-caesar-hospital.
[17] Jim Muir for the BBC: https://www.bbc.co.uk/news/world-middle-east-25822571
[18] http://www.spiegel.de/international/world/spiegel-reporting-supports-accounts-of-torture-and-execution-in-syria-a-945760.html
[19] https://www.dailymail.co.uk/news/article-2544711/Starved-tortured-throttled-The-true-horror-Assads-soldiers-execute-rebel-prisoners-revealed-new-images-released-today.html
[20] https://edition.cnn.com/2014/01/20/world/syria-torture-photos-amanpour/index.html t.
[21] Noha Aboueldahab, Writing Atrocities (2018)
[22] Jamie Allinson, ‘Disaster Islamism’ (http://salvage.zone/in-print/disaster-islamism/
[23] Adam Bazco, Gilles Dorronsoro and Arthur Quesnay Civil War in Syria, Cambridge UP 2017.
[24] Nader Hashemi, ‘The ISIS Crisis and the Broken Politics of the Middle East’ http://www.bu.edu/cura/files/2016/12/hashemi-paper1.pdf
[25] Bessma Momani and Tanzeel Hazak, ‘Syria’, in The Oxford Handbook of the Responsibility to Protect Edited by: Alex Bellamy, Tim Dunne 2016 Oxford University Press.
[26] Chris Tenove (2019), ‘Networking justice: digitally-enabled engagement in transitional justice by the Syrian diaspora, Ethnic and Racial Studies’, DOI: 10.1080/01419870.2019.1569702
[27] Thomas G. Weiss (2014) ‘Military Humanitarianism: Syria Hasn’t Killed It’, The Washington Quarterly, 37:1.
[28] Beth Van Schaack (2019) ‘Innovations in International Criminal Law Documentation Methodologies and Institutions’ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3329102
[29] Tim Anderson has commented that ‘we have no way of verifying in which year, circumstance or even which country the photos were taken. Those who finance and arm the sectarian groups have slaughtered hundreds of thousands in recent years, in the wars in Afghanistan, Iraq and Syria. There is no shortage of photos of dead bodies…’ (Tim Anderson ‘The Dirty War on Syria: Barrel Bombs, Partisan Sources and War Propaganda’ Global Research 7 October 2015). However, after a very close study of the photographs, Adam Larson believes that the photos were taken in the Damascus area and that the deaths occurred within that area, mostly in the period from mid-late 2012 to August 2013. This fact, nonetheless, does not make the Syrian government a more likely suspect for their murder than Jaish al-Islam. (Adam Larson, personal communication)
[30] Rick Sterling, ‘The Caesar Photo Fraud that Undermined Syrian Negotiations’ https://dissidentvoice.org/2016/03/the-caesar-photo-fraud-that-undermined-syrian-negotiations/
[31] Adam Larson, ‘Fail Caesar’, in 10 parts: http://libyancivilwar.blogspot.com/search?q=caesar
[32] Wiley interviewed in the Al Jazeera documentary Syria: Witnesses for the Prosecution https://www.youtube.com/watch?v=9GGK4zrl7P0 ). Speaking at a conference organised by his friend David Crane at Syracuse University, Wiley is clear that for advocacy groups like Amnesty and HRW ‘the burden of proof for the sort of evidence they need for their reports, it is very, very low. … Oftentimes they do allege crimes, in my opinion, incorrectly, but they are just drawing attention to the suffering.’ (19.55) (https://www.youtube.com/watch?v=enJvVvN8thU (Running for Cover conference, Syracuse, 2016)
[33] Mohammad al-Abdallah quoted in Enab Baladi’s Investigation Team (2018) ‘Al-Assad’s crimes in millions of documents: When will accountability start?’ https://english.enabbaladi.net/archives/2018/10/al-assads-crimes-in-millions-of-documents-when-will-accountability-start/
[34] For readers not familiar with these debates, but who know Monbiot for his interesting work on environmental issues, his inclusion in this list may be surprising. I for one was very surprised to discover the company he keeps in this matter, and after some rather disagreeable interactions with him on the subject, I did an extended study attempting to understand it: https://timhayward.wordpress.com/2018/04/11/how-we-were-misled-about-syria-george-monbiot-of-the-guardian/
[35] I stand to be corrected on this, of course, and I do note that Caesar has been referred to by Higgins, for instance, in the context of geolocating one of the photos, but without direct comment as to its significance.
[36] Beth Van Schaack (2019) ‘Innovations in International Criminal Law Documentation Methodologies and Institutions’, p.40.
[37] This information comes from an address delivered by Le Mesurier at The Performance Theatre in 2015 [links to the video recording of which appear to have been taken down].
[38] See the discussion in Lissa Johnson, ‘The Psychology of Getting Julian Assange’ Pt 5 https://newmatilda.com/2019/03/25/the-psychology-of-getting-julian-assange-part-5-war-propaganda-101/.
[39] As shown by Simone Rudolphi (2018), ‘Analysis of White Helmets’ Visual Strategy’, Masters Thesis, University of Sunderland.
[40] Already in 2013, before Caesar’s defection, Crane was ‘working with a team of lawyers and civil-society advocates to set up an archive of war crimes and atrocities committed in Syria that could be used as a basis for prosecution.’ As Crane put it, “We former chief prosecutors are like racehorses – you can put us out to pasture but we still want to run.” (https://www.newsweek.com/2013/09/27/david-cranes-prosecution-former-liberian-president-charles-taylor-238008.html)
[41] http://www.iamsyria.org/uploads/1/3/0/2/13025755/syria-sap_general_overview.pdf
[42] http://www.rscsl.org/prosecution.html
[43] Thierry Cruvellier (2019) ‘European Justice Strikes on Crimes in Syria’ https://www.justiceinfo.net/en/tribunals/national-tribunals/40383-european-justice-strikes-on-crimes-in-syria.html
[44] Ultimately, however, what is at stake affects the United States as a nation of people too, since what is driving it is a form of association that knows no national loyalties to any body politic but only to the interests of those with control of the world’s mega-corporations.
[45] I say ‘arguably’, since another view would take justice to have a more complex relationship with peace such as may find some place for the principle of amnesty – forgetting – but the present paper does not call into question the principle of punishing war crimes through due process.
[46] See Christopher Black (2014), ‘Rwanda and the Criminalisation of International Justice: Anatomy of War Crimes Trials’, Global Researchhttps://www.globalresearch.ca/rwanda-and-the-criminalisation-of-international-justice-anatomy-of-war-crimes-trials/5408604 and ‘Rwanda Confronting the 1994 Apocalypse’ https://christopher-black.com/rwanda-confronting-the-1994-apocalypse/
[47] See also the perspective offered by the historian John Laughland on the notion of International Justice, as in this video interview: https://www.youtube.com/watch?v=q4_J-ZxYnMw
Americans Crippled By $40,000 “Air Ambulance” Bills Not Covered By Insurance
By Tyler Durden – Zero Hedge – 04/04/2019
Capitol Hill lawmakers are focusing on surprise medical bills for hospital services and treatments, including air ambulance costs, which can sometimes surprise patients with bills of more than $36,000. CBS recently told the story of Joseph Penrod, whose son accidentally swallowed a bunch of prescription pills, prompting the family to try and get him to an ER quickly.
“The first thing that [my wife] did was call poison control. And they talked to her about getting him to an ER as quickly as possible. They suggested that they were not appropriately equipped to deal with that particular age of patient in that particular condition,” Penrod said.
His son was stable at the time he arrived at the hospital and Penrod’s insurance paid for the emergency room care. However, it failed to pay for the $40,000 that it cost to airlift his son to the hospital. “I did not have $40,000 laying around. It would’ve destroyed us financially,” Penrod said.
These types of transport services are often out of insurance network coverages because the companies are independent contractors that negotiate their costs separately. They’ve become a lucrative business, making most money in rural areas.
Doug Gray, executive director of the Virginia Association of Health Plans said: “The air transport industry, the predominant players are driven by private equity. The model is very simple. There are people out there in an emergency, they have resources, and we can take them.”
He continued: “An accident can happen any time, any place, and you could be the one who’s having that decision made for you. And your livelihood, and your savings can be on the line.”
A new law in Virginia that went into effect March 1 now gives patients the right to choose if they want to take an air ambulance in non-emergency situations and requires hospitals to disclose more cost information. Penrod spent over a year fighting the bill and finally offered to pay $1000 to settle it, which the company took.
He concluded: “If you’re rich, you can get a lawyer and that’s great. If you’re on the lower end of the spectrum, then you need to be able to fight for long enough to figure out how to escape.”










