The Assange Diplomatic Standoff Exposes Precisely the Same Side of US/UK as WikiLeaks Cables

/38 Comments/in , , /by

everywhere there’s a US post… there’s a diplomatic scandal that will be revealed —Bradley Manning

Yesterday, in anticipation of Ecuador’s imminent (and now announced) official decision to offer Julian Assange, the British sent this letter to the Ecuadorans.

You should be aware that there is a legal basis in the U.K. the Diplomatic and Consular Premises Act which would allow us to take action to arrest Mr. Assange in the current premises of the Embassy.

We very much hope not to get this point, but if you cannot resolve the issue of Mr. Assange’s presence on your premises, this route is open to us.
We understand the importance to you of the issues raised by Mr. Assange, and the strong public pressure in country. But we still have to resolve the situation on the ground, here in the U.K., in line with our legal obligations. We have endeavored to develop a joint text, which helps both meet your concerns, and presentational needs.

Then they sent several vans of police to the Ecuadoran embassy.

In short, the British are threatening to enter the Ecuadoran embassy, purportedly to carry out an extradition for a crime that Assange has not yet been charged with. Actually entering the mission would violate the Vienna diplomatic convention that holds that “The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.” Craig Murray reports [mirror] that the Brits have decided to do so, in response to American pressure.

I returned to the UK today to be astonished by private confirmation from within the FCO that the UK government has indeed decided – after immense pressure from the Obama administration – to enter the Ecuadorean Embassy and seize Julian Assange.

[snip]

The government’s calculation is that, unlike Ecuador, Britain is a strong enough power to deter such intrusions. This is yet another symptom of the “might is right” principle in international relations, in the era of the neo-conservative abandonment of the idea of the rule of international law.

Read more →

Share this entry

Even Liars Get To Invoke State Secrets

/7 Comments/in , , , , , /by

As the LAT first reported, Judge Cormac Carney has dismissed a suit, Fazaga v. FBI, brought by Southern California Muslims against the FBI for illegal surveillance. Carney actually made two rulings, one dismissing most of the suit on state secrets grounds and one dismissing part of the suit against the government–but not individual FBI officers–on FISA grounds.

The rulings are interesting for four reasons:

  • Carney has basically accepted the government’s claims in a case that is closely related to one where–three years ago–he called out the government for lying to him personally
  • Carney overstates the degree to which the Administration appears to be adhering to its own state secrets policy
  • The case is an interesting next step in FISA litigation
  • Carney suggests the FBI now investigates people for radicalization

Liars get to invoke state secrets

Three years ago, Carney caught the government lying to him about what documents it had collected on Southern Californian Muslims in this and related investigations. In an unclassified version of his ruling released last year, he revealed part of the government’s breathtaking claim.

The Government argues that there are times when the interests of national security require the Government to mislead the Court. The Court strongly disagrees. The Government’s duty of honesty to the Court can never be excused, no matter what the circumstance. The Court is charged with the humbling task of defending the Constitution and ensuring that the Government does not falsely accuse people, needlessly invade their privacy or wrongfully deprive them of their liberty. The Court simply cannot perform this important task if the Government lies to it. Deception perverts justice. Truth always promotes it.

Yet in finding the government’s state secrets invocation here, he is effectively accepting the government’s word–which in some way claims to have a real predicate for its investigation into Southern Californian mosques–over the word of their former informant, Craig Monteilh, who says he was instructed to collect information indiscriminately because “everybody knows somebody” who knows someone in the Taliban, Hamas, or Hezbollah.

Read more →

Share this entry

Changing Voters to New Precincts With Poor Notification: New Vote Suppression Tactic in Florida?

/10 Comments/in /by

This is the mailer in which my new voter ID card arrived. Nowhere does it point out that I have been changed from one precinct to another so that I vote at a new site.

Today is primary day in Florida. It is being held on the earliest date in the past 40 years since Florida is hosting the Republican National Convention later this month. While there has been much attention paid to Rick Scott’s infamous voter purge that has prompted legal action from the Justice Department, today I encountered a much more insidious situation that could lead to many more people not voting in November.

I have resided at my current address since 2004 and have voted at a wonderful little country church whose building dates back to 1886 (there is music on autoplay at this link). But when my wife and I stopped by to vote on our way to lunch today, we got quite a surprise. The poll workers could not find either one of us on the voter list. After we joked a bit about being included in the purge because of my left wing blogging, the clerk picked up the phone to speak with the Alachua County Supervisor of Elections office to seek an answer for us. While she was still on the phone seeking information, another voter who came in after us also found that he was not listed on the voter roll.

It turns out that we have been switched to another polling place that is only a few blocks away from where we have voted for the past eight years. In order to drive from our house to our new polling place, we must drive past the old one. The election workers insisted that voters who were moved from one precinct to another were informed, but neither my wife nor I could recall seeing any such notification.

We dutifully went to the new polling place and voted. When I got back from lunch, I went through the spots in our house where mail might have accumulated and found the “notification” that had been sent. From the photo above, it is very easy to see how these notifications (there was one for each of the three registered voters in our household) had been set aside for holding since on first glance it looks only like a standard form for ordering an absentee ballot. Our travel plans did not call for us to be away today, so these forms had been set aside in case our plans changed.

Opening my mailer today, I found that the “Voter Information Card” referenced on the outside of the mailer was actually a new version of what I call my voter registration card. Nowhere on this mailer, either on the outside or inside, does it mention for voters to look carefully to determine whether their precincts have changed. My wife and I inexplicably have been moved from precinct 18 to precinct 58 and the only way to know that is to look at the small entry on the Voter Information Card.

Because I have a car and I don’t work on a time clock, I was able to work my way through this mix-up with only a few minutes lost and minor aggravation. Well, I also did stop to fill out a satisfaction survey to let the Supervisor of Elections know that I felt they handled this transition very poorly. It also helped that I did this during the low-turnout primary rather than November’s general election.

How many people will be disenfranchised in Florida this November because their precincts have changed? How will people who rely on bus transportation to their polling places deal with such a change? Will they have time to go to a new site if they are working on Election Day? The early voting period was shortened from two weeks to eight days this year in another move by Florida Republicans to make it harder for working people to vote and is another factor in today’s expected low turnout.

Oh, and just in case you clicked on the link to the Alachua County Supervisor of Elections, their link for “Information on Polling Place Changes” is not about people moving from one precinct to another. It is about changes to the voting sites themselves.

Update: Oh my. Look what I missed in the local paper while I was on vacation last week. The article bears the headline “Redrawn precincts could create confusion, groups say” and reads in part:

Leaders of the local NAACP and other organizations said Wednesday that new voting precincts could lead to confusion on election day and urged residents to learn their new polling place or to cast ballots early. Read more →

Share this entry

SEC versus Pac-12 Throw Down Trash Talk

/49 Comments/in , /by

That’s right, IT IS ON MOFO’S. Grudge match between the Jim White Hats and the Bmaz Black Hats. Since before the college baseball season started, we were pimping and poking each other about which conference and whose team was better. And here we are, with the finals of the College World Series set to start tomorrow, and it is indeed going to be SEC v. PAC.

Just not the teams we had in mind. Turns out ASU had a little criminal issue and was banned from postseason play this year (not sure they would have made it anyway, but might well have) and the Florida Gators had some unfortunate luck and got bounced out of the CWS in a preliminary round. Bah humbug for both of us! I am still kind of representin though, as the Arizona Wildcats (hey, I did do some graduate work there) are already in the CWS finals, and tonights last play in game between Arkansas and two time defending champs South Carolina will determine the Cats opponent. Pac versus SEC no matter what. I think the Cocks are too battle tested and will likely make it through to the finals, then GAME ON. Go Cats!

In other sporting news, a team from somewhere, with some player who STIFFED his home state and original team to embarrass himself n a Tony Montana like Caligula decision show, just won the NBA title. Boo. Hiss.

Also this weekend is the Grand Prix of Europe from Valencia Spain, round 8 of this year’s circus. There have been seven races so far this year, and seven different winners for five different constructors. I have never seen anything like it. Sebastian Vettel was fast in Practice in Valencia:

Red Bull’s Sebastian Vettel looks poised to extend his dominance of Formula One’s European Grand Prix after setting the fastest time through two practice sessions on Friday.

The two-time defending world champion, who has won the race for the past two seasons after starting from pole, clocked the day’s best lap in the second session of one minute, 39.334 seconds on the 5.4-kilometre (3.3-mile) Valencia Street Circuit that weaves its way through the America’s Cup Harbor.

The overcast sky that had kept the track cool in the morning session cleared up by the afternoon, with the sun raising track temperatures to 40 degrees Celsius (104 F). Even higher temperatures are forecast for the weekend.
…..
Force India driver Nico Hulkenberg’s best effort left him just 0.131 seconds adrift of Vettel, followed by Kamui Kobayashi of Sauber at 0.261 seconds back.

Mercedes’ Michael Schumacher overcame more mechanical problems that have plagued him all season to record the fourth fastest time, just 0.267 seconds behind Vettel.

I may add in some more on F1 later, we shall see. But I am a little tight on time, so I have to fly here. I have been downtown most of the day with friend of the blog Shahid Buttar, head of the Bill of Rights Defense Committee. This is a great group of folks, and they are doing really good work on a LOT of the same issues we do here at Emptywheel, and they have a real knack for taking the effort into state and local communities in conjunction with other and partner groups.

Shahid is in town for this panel and workshop at the annual Unitarian Universalist convention. Have met many amazing people there the last couple of days, and yesterday had lunch with longtime Emptywheel and FDL member, RevDeb. Yes, she is awesome.

So, that is it, for now anyway. Have some fun and let loose with all yer tall tales and wild yarns etc.

Share this entry

Karzai Objects to Sham Agreement on Air Strike “Restrictions”

/11 Comments/in , /by

Hamid Karzai lashed out yesterday against the continued use of NATO air strikes in civilian areas. He angrily referred to police actions in the US and France, noting that even when the most dangerous suspects are being sought, houses where they are holed up are never bombed. Remarkably, the New York Times provided background that helps to understand Karzai’s rage, explaining that the sham agreements on night raids and prison management recently enacted only “nominally” put Afghanistan in charge.

Here’s a basic description of the new “restrictions” on air strikes as it appears in the Washington Post:

Allen issued new orders this week restricting the use of airstrikes on civilian dwellings in response to the Logar deaths and continued criticism by Karzai. U.S. military officials said commanders will be instructed to use other means to get Taliban fighters out of homes and buildings rather than calling in airstrikes. Civilian homes have been damaged by airstrikes 32 times so far this year, according to U.S. military statistics.

Ah, but as in all the NATO agreements driven by the Obama administration, the devil is in the details. As the New York Times reported on the US response to Karzai’s outburst:

Hours later, the allied commander in Afghanistan, Gen. John R. Allen, reiterated significant changes to rules concerning the use of airstrikes announced earlier this week, issuing a statement in which he said he had given the order that “no aerial munitions be delivered against civilian dwellings.” But he added the caveat that the strikes would be permitted as an absolute last resort in self-defense “if no other options are available.”

As in all other agreements from Obama and NATO, the caveat allows a full work-around of the main point of the agreement. Here is how the article describes the night raid and prison management agreements in the context of the air raid “restrictions”:

But authority over both night raids and detention is nominally in the hands of Afghans now, since memorandums of understanding were signed this spring. And, while Americans still call many of the shots on both, the clock is running on how long that will go on: the NATO combat mission in Afghanistan is set to end in 2014, and by the end of this year, there will be 23,000 fewer American troops here.

So Afghanistan is in charge of night raids. But not really. And Afghanistan is in charge of prisons. But not really. And NATO will not bomb civilian areas. But not really. Is it any wonder that Karzai is ranting? Returning to the Washington Post article:

Karzai said he had an argument with Gen. John Allen, the top U.S. commander in Afghanistan, over the weekend about the issue, following a deadly airstrike that killed civilians in Logar province. “I said, ‘Do you do this in the United States?’ There is police action every day in the United States in various localities. They don’t call an airplane to bomb the place.”

The Times carries more of this outburst, where Karzai expanded it to include more of NATO:

“There was a police action in France, in Toulouse, when they were going to neutralize the terrorist,” Mr. Karzai said, referring to a French siege in March at an apartment where a man had holed up after killing seven people. “They were engaged in a fight with the person who was in a house, for about 36 hours or so, but they didn’t call the French Air Force to bomb the house.”

Mr. Karzai added: “Airstrikes are not used in civilian areas. If they don’t want to do it in their own country, why do they do it in Afghanistan?”

Don’t worry, Hamid, NATO and the US have promised they will only bomb civilians as a “last resort”. Don’t you trust them?

Share this entry

Trashing Up the Weekend

/27 Comments/in /by

Since I’m a non-travelling Wheel this weekend (and since I’m batshit crazy about college baseball) I get the honor of writing the weekend sports trash talk. Lots of sports are on tap this weekend, as the NBA chooses its Eastern Conference sacrificial team to face the ascendant Oklahoma City Thunder who appear to have a rising dynasty. There’s the Belmont Stakes, now sadly deprived of the chance for a Triple Crown winner. And, the reason I’m not in Providence, there are the NCAA Baseball Super Regionals, which are already underway as I write.

Here’s another local Gainesville musician to kick things off. He’s a bit better known than last week’s group, but he somehow seems to be keeping the zombie theme alive into its second week. Note that from the video, this is clearly not happening in Gainesville, so Petty’s “I’m tired of this town” doesn’t apply to his hometown.

[youtube]http://www.youtube.com/watch?v=aowSGxim_O8[/youtube]

Before the sports trash gets started, I have to engage in a bit of trash on journalism and blogging. I’ve been hammering a lot on the “Daily Drone” issue in Pakistan, making the argument that many US drone strike have been as much about political retaliation as about hitting terrorists, even coming up with the headline “The Beatings Drone Strikes Will Continue Until Morale Improves” Today the Los Angeles Times finally caught up:

Expressing both public and private frustration with Pakistan, the Obama administration has unleashed the CIA to resume an aggressive campaign of drone strikes in Pakistani territory over the last few weeks, approving strikes that might have been vetoed in the past for fear of angering Islamabad.

/snip/

“They are trying to send a message: ‘If you don’t come around, we will continue with our plan, the way we want to do it,’ ” said Javed Ashraf Qazi, a retired Pakistani intelligence chief and former senator. It’s “superpower arrogance being shown to a smaller state…. But this will only increase the feeling among Pakistanis that the Americans are bent on having their way through force and not negotiation.”

And if that’s not enough, it turns out that yesterday Jonathan Turley even mostly ripped off my headline. Read more →

Share this entry

Near Daily Drone Attacks Continue in Pakistan

/14 Comments/in , /by

John Brennan must feel that Pakistan’s morale has only improved marginally, because what was an average of almost one drone strike a day has now fallen to about a half drone strike a day. Three successive days of strikes (with a total death toll of 27) have brought to eight the number of strikes in the two weeks since last-minute negotiations on the reopening of supply routes through Pakistan broke down and Brennan decided to rain terror down on Pakistan once again.

Today’s attack killed 15 in Mir Ali in North Waziristan. In the AFP story carried in Dawn, we have no less than two officials confirming that those killed were “militants” even though their nationalities aren’t known:

“Fifteen militants were killed in a dawn strike on a compound. The bodies of those killed were unable to be identified,” a security official in Miramshah told AFP.

He said there were reports that some foreigners had been killed but these were unable to be confirmed.

A security official in Peshawar confirmed the attack and said 15 militants were killed.

“We have received reports that 15 militants have been killed in a drone strike but at this moment we don’t know about their nationalities,” the official said.

“We are also unclear about the number of the militants who were present in the compound at the time of attack.” The latest attack came amid an uptick in drone strikes.

Coverage of this strike in the Express Tribune is quite interesting. It has near the beginning the usual quote of a local official asserting those killed were militants, but includes an admission that “locals” were among those killed:

A security official said that the compound was targeted in the Esokhel area of Mir Ali and that locals along with foreign militants were killed. “I don’t know how many foreign militants were killed but we are sure that foreigners were among the dead,” said an official of the security force.

But then we get to a tribesman being quoted, and what he has to say is revealing:

According to a tribesman who was an eyewitness, the compound was razed to the ground after the attack. “I didn’t go near the house, as I avoid going near places where drone strikes take place,” he added.

Why would local tribesmen “avoid going near places where drone strikes take place”? Why that’s because the US intentionally targets first responders at drone strikes:

But research by the Bureau has found that since Obama took office three years ago, between 282 and 535 civilians have been credibly reported as killed including more than 60 children.  A three month investigation including eye witness reports has found evidence that at least 50 civilians were killed in follow-up strikes when they had gone to help victims. More than 20 civilians have also been attacked in deliberate strikes on funerals and mourners. The tactics have been condemned by leading legal experts.

Who else targets first responders? Well, there are terrorists in Iraq who do that: Read more →

Share this entry

Separating Truth from Fiction at Parchin: Neutron Activation Can’t Be Scrubbed Away

/9 Comments/in /by

Neutrons passing through steel would occasionally collide with a cobalt-59 nucleus, producing easily detectable cobalt-60 if trigger experiments were carried out in the steel chamber at Parchin. (From a Wikimedia Commons illustration of the 1911 Rutherford experiment where alpha particles were sent through a thin gold foil.)

Both Marcy, here,  and b, over at Moon of Alabama, have roundly criticized the cartoon released on Sunday by AP’s George Jahn purporting to depict a chamber at Iran’s Parchin site where various groups accuse Iran of carrying out work aimed at an explosive trigger device for a nuclear weapon. David Albright, working through his Institute for Science and International Security, has been near the forefront in most of these accusations, with one of his accusations coming out in December of 2009 (pdf). As described in his 2009 piece, Albright accuses Iran of attempting to replicate A.Q. Khan’s uranium deuteride (UD3) initiator for a bomb, which “works by the high explosives compressing the nuclear core and the initiator, producing a spurt of neutrons as a result of fusion in D-D reactions. The neutrons flood the core of weapon-grade uranium and initiate the chain reaction.”

Prior to the release of the cartoon, Albright had claimed on May 8 that he had detected activity aimed at “cleansing” the Parchin site.  I debunked that claim the next day, by pointing out that all traces of radioactivity cannot be washed away and that Albright’s claims would mean that the waste water carrying the radioactivity was allowed to drain freely onto the grounds surrounding the building, where the radioactivity could be found without much effort. Albright repeats those claims in Jahn’s article accompanying the cartoon, and he brings in another expert to support his claims that residue from testing a trigger device could be scrubbed:

A cleanup “could involve grinding down the surfaces inside the building, collecting the dust and then washing the area thoroughly,” said David Albright, whose Institute for Science and International Security in Washington looks for signs of nuclear proliferation. “This could be followed with new building materials and paint.

“It could also involve removing any dirt around the building thought to contain contaminants,” Albright said in a statement emailed to selected recipients. “These types of activities could be effective in defeating environmental sampling.”

Fitzpatrick, the other nuclear nonproliferation expert, also said a cleanup could be effective.

“In the past, the IAEA has been able to catch out Iran by going to a building that Iran tried to clean and they still found traces of uranium,” he said. “And Iran learned from that and they learned that ‘boy you have to scrub everything really clean; get down into the drains and grind away any possible residue.”

Earlier in the article, Fitzpatrick (who is  Mark Fitzpatrick, director of the Non-Proliferation and Disarmament Program of the International Institute for Strategic Studies) mentions that Iran is specifically accused of using uranium in the explosives research. Also, the article claims that the equipment associated with the chamber includes “a neutron detection system outside the explosion chamber to measure neutron emissions”.

Albright and Fitzpatrick completely overlook a very important basic aspect of the nuclear physics involved here. If they really are going to claim that uranium is being used and that bursts of neutrons capable of initiating a nuclear reaction are the goal of the experiments, then the neutrons originating from the uranium and from the neutron bursts would result in neutron activation of the steel container itself. Read more →

Share this entry

The End of an Era? Final Japanese Nuclear Power Plant to Shut Down Sunday

/9 Comments/in /by

Damage at Fukushima Daiichi as seen on March 18, 2011. (photo: DigitalGlobe)

Before the massive earthquake and tsunami in Japan on March 11, 2011, about a third of the country’s electricity was supplied by the 54 nuclear power plants scattered throughout the country. In the intervening time, those nuclear reactors not directly damaged on March 11 have been shutting down for inspections and public opposition is preventing their re-start. The final plant remaining online, the number 3 reactor at the Tomari plant in Hokkaido, will be powered down late Saturday night into Sunday morning.

The Washington Post describes the political process by which the plants have been shut down:

The break from nuclear power is less a matter of policy than political paralysis. Japan’s central government has recommitted to nuclear power in the wake of last year’s triple meltdown at Fukushima Daiichi, but those authorities haven’t yet convinced host communities and provincial governors that nuclear power is necessary — or that a tarnished and yet-unreformed regulatory agency is up to the job of ensuring safety.

Because Japan depends on local consensus for its nuclear decisions, those maintenance checkups — mandated every 13 months — have turned into indefinite shutdowns, and resource-poor Japan has scrambled to import costlier fossil fuels to fill the energy void.

Before the Fukushima accident, Japan operated 54 commercial reactors, which accounted for about one-third of the country’s energy supply. But in the last year, 17 of those reactors were either damaged by the March 11 earthquake and tsunami or shut down because of government request. Thirty-six others were shuttered after inspections and have not been restarted.

The New York Times has more on the political standoff: Read more →

Share this entry

What Zimmerman’s Charge Means (Or Doesn’t)

/45 Comments/in , , /by

Well, okay, the press conference by Angela Corey is over. Let us be clear, it was the performance of a politician and, not necessarily that of a grounded and by the book prosecutor. Seriously.

First off, Ms. Corey talked in repeated and continued platitudes and never, at any point, identified what the exact charge she was prosecuting Zimmerman under, nor her basis for doing so.

This is important to me, and the discussion herein at this blog, because 1) we are intelligent and actually care about such specifics, but 2) It is really important in a publicly and hotly contested case such as the Zimmerman shooting homicide of Trayvon Martin.

I stand by everything said in my preliminary post today as to why the path, via information filed and prelim process is not only appropriate, but absolutely smart. That still stands.

The only issue, at this point, is the actual charging of the criminal defendant, in this case George Zimmerman. Here is the SOLE charge filed by Angela Corey against George Zimmerman:

COUNT 1: IN THE COUNTY OF SEMINOLE, STATE OF FLORIDA, On February 26, 2012, GEORGE ZIMMERMAN, did unlawfully and by an act imminently dangerous to another, and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, kill TRAYVON MARTIN, a human being under the age of eighteen, by shooting the said victim, and during the commission of the aforementioned Second Degree Murder, the said GEORGE ZIMMERMAN did carry, display, use, threaten to use or attempt to use or attempt to use a firearm and did actually possess and discharge a firearm and as a result of the discharge, death or great bodily harm was inflicted upon any person, contrary to the provisions of Sections 782.04(2), 775.08(1) and 775.087(2), Florida Statutes.

That would be 2nd degree murder, as charged. Under what actual section of the pertinent Florida statute are we talking? Well, 782.04(2), 775.08(1) and 775.087(2). does that really tell you where and how the state is proceeding? No. Not to my eye, it does not. Take a look, if you can see the specific, definable, path to charge, then you are a better man and lawyer than I. If you can see, maybe, potential, possible, applicability then join the club. But, that is, of course, not the standard.

Here, however, is the manslaughter provision I proffered in the earlier post. I now see legal gadabout Mark Geragos on CNN saying the 2nd degree statute charged may be actually easier to prove up than a manslaughter charge. He is is fucking crazy loopy off his rocker if he really believes that bleating bullshit.

Seriously, I cannot speak as an active criminal prosecutor, but as a defense attorney, bring this on. If my client has to be charged, I would rather he be over charged, especially nebulously and with all the justification defenses available under Florida law, as either described and/or linked, in the earlier post.

So, to sum up, I would say it is a bit batty to charge the HIGHEST POSSIBLE CHARGE IMAGINABLE, and ONLY THE HIGHEST CHARGE IMAGINABLE, with no lesser included backups. But, hey, what me worry Angela Corey?

Yes, I am perplexed at this. Completely. Let the college of internet knowledge school us on why this is wrong.

Share this entry