UN Special Rapporteur Condemns America’s Killer Drones

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One of last Friday’s big stories somewhat lost in the hustle and focus on the BP Gulf oil disaster and the holiday weekend concerned the continuing outrage of the US drone targeted assassination program. Specifically, Charlie Savage’s report at the New York Times that the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Philip Alston, was expected to issue a report calling on the United States to stop Central Intelligence Agency drone strikes thus “complicating the Obama administration’s growing reliance on that tactic in Pakistan”.

Today, the report is out, and Charlie Savage again brings the details in the Times:

A senior United Nations official said on Wednesday that the growing use of armed drones by the United States to kill terrorism suspects is undermining global constraints on the use of military force. He warned that the American example will lead to a chaotic world as the new weapons technology inevitably spreads.

In a 29-page report to the United Nations Human Rights Council, the official, Philip Alston,the United Nations Special Rapporteur on extrajudicial executions, called on the United States to exercise greater restraint in its use of drones in places like Pakistan and Yemen, outside the war zones in Afghanistan and Iraq. The report — the most extensive effort by the United Nations to grapple with the legal implications of armed drones — also proposed a summit of “key military powers” to clarify legal limits on such killings.

In an interview, Mr. Alston, said the United States appears to think that it is “facing a unique threat from transnational terrorist networks” that justifies its effort to put forward legal justifications that would make the rules “as flexible as possible.”

Here is Alson’s official report.

Interestingly, Alston’s report comes hot on the heels of the news the biggest get yet for the Obama drone assassination program, Al-Qaida Number Three (or at least the latest Number Three) Mustafa Abu al-Yazid. But Alston, although indicating that al-Yazid migh could be distinguished because of the direct al-Qaida status, nevertheless expressed reservations even is such situations.

For example, it criticized the United States for targeting drug lords in Afghanistan suspected of giving money to the Taliban, a policy it said was contrary to the traditional understanding of the laws of war. Similarly, it said, terrorism financiers, propagandists and other non-fighters should face criminal prosecution, not summary killing. Read more →

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The Flaming Hypocrisy Of US Terrorist Designation

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[Note Update Below]

On the fateful September 11, 15 men from Saudi Arabia, along with four others, perpetrated the attacks on the World Trade Center in New York. Since that time, the United States has invaded Afghanistan and Iraq in response with hundreds of thousands dead in the process. Saudi Arabia was not only never considered as an enemy, its citizens were spirited out of the country while US citizens were grounded.

Also since then a list longer than you can measure of countries and/or entities have been designated as global terrorists by the United States government. One of those so designated is al-Haramain of Oregon, who happens to be the root plaintiff in the critical litigation – pretty much the sole remaining substantial hope of challenging the incredible, illegal and unconstitutional executive power grabs by the Bush/Cheney Administration now hypocritically supported and adopted by the Obama Administration.

In spite of the fact there has never been any substantive link to terrorism, much less September 11, on the part of al-Haramain Oregon, the US government has steadfastly maintained it on the designated list. Now maybe al-Harmain was, and maybe it was not, even remotely involved in terrorism in any provable way; however the one irreducible fact is the US has never, despite repeated challenges, anted up any convincing factual support on the record for the allegation.

In fact, while al-Haramain Oregon is defunct and no longer exists in any form, the US has stood mute and even gone so far as to allow an US Federal Court to declare their wiretapping of al-Haramain’s attorneys, nearly a decade ago, patently illegal. All the while still maintaining the long defunct and non-existent charity on the specially designated terrorist list and so cocksure and adamant about it that the government has stated they cannot allow any judgment to be entered, much less settle, the al-Harmain litigation because they could not possibly think of a designated terrorist organization receiving one red cent from the US government.

Such is the seriousness of actions that could lead an entity to be designated a terrorist by the United States government. Well, except for the Saudis of course. And now, apparently, the Pakistani Taliban. From Mike Isikoff at Newsweek Declassified:

In light of evidence that the group known as the Pakistani Taliban was behind the attempted May 1 Times Square bombing, the Obama administration is “actively considering” designating it as a ”foreign terrorist organization” in the next few weeks —a move that would allow the U.S. government to freeze any assets belonging to the group and make it a federal crime Read more →

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The Comey College Of Prosecutorial Knowledge

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This one is for Mary, who sent me the link from the road. As everyone knows, once you earn your bones in the Bush DOJ on torture and/or illegal wiretapping, you get a plum position in the private world. As Mary has consistently pointed out, Jim Comey got jumped in to the gang that couldn’t torture straight when he invoked state secrets to cover for Larry Thompson and other malfeasants in the Maher Arar case. For that fine work, Comey is now General Counsel at Lockheed Martin Aerospace while Thompson had to settle for the General Counsel slot at PepsiCo. But today is about Comey’s current crew, Lockheed.

The Wall Street Journal has an article out describing the fine educational possibilities provided the world community by the American military-industrial complex:

Lockheed Martin Corp. became the nation’s No. 1 military contractor by selling cutting-edge weaponry like the F-35 Joint Strike Fighter.

Its latest contribution to the U.S. arsenal: training prosecutors in Liberia’s Justice Ministry.

The U.S. government has hired the defense contractor to test an emerging tenet of its security policy. Called “smart power,” it blends military might with nation-building activities, in hopes of boosting political stability and American influence in far-flung corners such as Liberia.

Yep, the makers of strike fighters, cruise missiles and other niceties of global thermonuclear war, are gonna school up the new justice class in Liberia. Really, what could go wrong??

Defense firms are eager to oblige. “The definition of global security is changing,” says Lockheed’s Chairman and Chief Executive Robert Stevens. He wants the maker of the Air Force’s most advanced fighters to become a central player in the U.S. campaign to use economic and political means to align countries with American strategic interests.

Last year, Lockheed had two of its highest profile programs, the F-22 Raptor fighter and a fleet of presidential helicopters, ended by the Obama administration. Now, Lockheed is one of several defense firms expected to bid for a State Department contract to support “criminal justice sector development programs world-wide,” that could be worth up to $30 billion over five years.

Well, that does seem like a promising business opportunity and, hey, why should Halliburton and Blackwater/Xe get all the fun and Ferengi profit?

Morgan Stanley defense analyst Heidi Wood says Lockheed’s early push into this realm sets it apart from competitors. It is too soon to pinpoint a financial impact, she says, but the moves will pay off. “It’s a complete paradigm change.”

Yeah, ya think?? I wonder what kind of homework the Lockheed law professors assign? Read the entire WSJ article, it is worth it.

Now, to be fair, Jim Comey is not specifically referenced in the comprehensive article, but there is little question but that he is the top prosecutorial experience Lockheed possesses and, really, a joint with the history of Liberia would be the perfect place for former Bush/Cheney prosecutors to impart their “special” skills. It could all fit so nicely.

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What Glenn Greenwald Said On American Terrorism Cowardice

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Just go read it. Because every word Glenn Greenwald wrote in his post today, entitled Nostalgia for Bush/Cheney Radicalism, is the gospel truth. It is rare that you will see a post here just pointing you somewhere else because the other source says it all. This is one of those times. Here is a taste:

How much clearer evidence can there be of how warped and extremist we’ve become on these matters? The express policies of the right-wing Ronald Reagan — “applying the rule of law to terrorists”; delegitimizing Terrorists by treating them as “criminals”; and compelling the criminal prosecution of those who authorize torture — are now considered on the Leftist fringe. Merely advocating what Reagan explicitly adopted as his policy — “to use democracy’s most potent tool, the rule of law against” Terrorists — is now the exclusive province of civil liberties extremists. In those rare cases when Obama does what Reagan’s policy demanded in all instances and what even Bush did at times — namely, trials and due process for accused Terrorists — he is attacked as being “Soft on Terror” by Democrats and Republicans alike. And the mere notion that we should prosecute torturers (as Reagan bound the U.S. to do) — or even hold them accountable in ways short of criminal proceedings — is now the hallmark of a Far Leftist Purist. That’s how far we’ve fallen, how extremist our political consensus has become.

Now go read the rest and weep for your country.

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Evidence The US Bought The Megrahi Conviction

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The case against convicted Lockerbie/Pan Am 103 bombing suspect Abdelbaset Ali Mohmet al-Megrahi was always thin, at best. Despite all the commotion over his trial and conviction, the entire prosecution case was founded upon the testimony of a single clothing shopkeeper from Malta, Tony Gauci, that supposedly sold the clothes that were believed to be in the suitcase containing the bomb that brought down Pan Am Flight 103. Long after the unremarkable alleged sale, Gauci somewhat incredibly remembered selling the clothes to Megrahi. Megrahi has consistently maintained his innocence.

Megrahi’s trial was held in a Scottish court that was constituted in the Netherlands by agreement in order to obtain the extradition of Megrahi for trial. Since the conviction at trial, Megrahi has appealed unsuccessfully, but the Scottish Criminal Cases Review Commission (SCCRC), which investigates possible miscarriages of justice, had taken jurisdiction of the case and referred it back to court for appeal, which is the posture the case was in when the Scottish Justice Ministry cut a deal to release him to his home country of Libya on compassionate grounds (Megrahi has terminal cancer) in return for Megrahi giving up his appeal.

With no appeal available to press his case, Megrahi has taken to releasing material and briefs that were to constitute the foundation of the appeal, and in that regard has opened a website where the material is posted. One of the filings disclosed yesterday on the website documents a blockbuster finding and allegation by the Scottish Criminal Cases Review Commission (SCCRC) on collusion of the Scottish Crown prosecution team and US authorities to effectively buy Shopkeeper Gauci’s testimony against Megrahi by paying Gauci two million dollars and Gauci’s brother, Paul Gauci, a million dollars:

The SCCRC has recovered undisclosed material which indicates that:

(a) The witness Tony Gauci had, at an early stage, expressed an interest in receiving payment or compensation for his co-operation in giving evidence, and that this interest persisted until after the trial

(b) that the witness Paul Gauci had " a clear desire to gain financial benefit" from his and his brothers co-operation and that Paul Gauci exercised considerable influence over his brother

(c) that the U.S. authorities offered to make substantial payments to the witness Tony Gauci from an early stage

(d) that an application for reward monies was made on behalf of the SIO of the investigation team of Read more →

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Meddling

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As violence intensifies in Iran and Neocons increasingly demagogue in DC, I wanted to say a few words about meddling.

The debate, right now, is being framed on whether to meddle or not to meddle.

In the strongest message yet from the U.S. government, the House voted 405-1 Friday to condemn Tehran’s crackdown on demonstrators and the government’s interference with Internet and cell phone communications.

The resolution was initiated by Republicans as a veiled criticism of President Barack Obama, who has been reluctant to criticize Tehran’s handling of disputed elections that left hard-liner President Mahmoud Ahmadinejad in power.

Rep. Mike Pence, who co-sponsored the resolution, said he disagrees with the administration that it must not meddle in Iran’s affairs.

"When Ronald Reagan went before the Brandenburg Gate, he did not say Mr. (Mikhail) Gorbachev, that wall is none of our business," said Pence, R-Ind., of President Reagan’s famous exhortation to the Soviet leader to "tear down that wall."

What few want to admit openly is that we have already meddled.

On top of our long history of meddling in Iran, we have, in the last three years been intentionally meddling, investing in democracy promotion and covert ops to bring about precisely what we’re seeing today. In 2006, we did this through the State Department.

Secretary of State Condoleezza Rice told Congress this week that the administration is seeking $75 million in emergency funding to immediately begin ratcheting up support for pro-democracy forces inside Iran. Currently, $10 million was budgeted for such efforts, and little of that money has been spent.

[snip]

The money will go toward boosting broadcasts in Farsi to Iran, support for opposition groups, and student exchanges.

After some pushback from Iranian opposition groups the figure was multiplied and given to the CIA.

Late last year, Congress agreed to a request from President Bush to fund a major escalation of covert operations against Iran, according to current and former military, intelligence, and congressional sources. These operations, for which the President sought up to four hundred million dollars, were described in a Presidential Finding signed by Bush, and are designed to destabilize the country’s religious leadership. The covert activities involve support of the minority Ahwazi Arab and Baluchi groups and other dissident organizations.

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Obama’s Cairo Speech

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graphic by Allposters.co.uk

graphic by allposters.co.uk

For all the blistering that I, and many others here, give to Obama for his continuation of the Bush/Cheney duplicity on wiretapping, privacy, torture and Executive Branch primacy issues, there are similarly a great many areas in which he is so many light years ahead of where we have been moribund for the last eight years that it is hard to remember we are still in the same galaxy. This morning’s speech in Cairo was one of those moments driving home the difference.

Spencer has posted the full text of the speech, and some good comment. Click the link and read the full text of the speech, it is well worth it.

It was a remarkable speech. This is a not just a speech that George Bush would not have given, but a speech he functionally could not have given; even with wordsmith speechwriters and handlers, he simply doesn’t have the intellectual depth, greater worldview or oratorical skill to have pulled off what Obama did. If there is a hope for peaceful and productive coexistence with the Islamic world, and peace in the middle east, this speech will be the first linchpin of Obama’s effort in that regard.

He was visionary:

No single speech can eradicate years of mistrust, nor can I answer in the time that I have all the complex questions that brought us to this point. But I am convinced that in order to move forward, we must say openly the things we hold in our hearts, and that too often are said only behind closed doors. There must be a sustained effort to listen to each other; to learn from each other; to respect one another; and to seek common ground. As the Holy Koran tells us, “Be conscious of God and speak always the truth.” That is what I will try to do – to speak the truth as best I can, humbled by the task before us, and firm in Read more →

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The Diplomatic Bridge To Somewhere In The Middle East

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Ten days after the election, I wrote what turned out to be, at the time, a somewhat controversial piece on the meaning of the hints by Obama that Hillary Clinton might be his Secretary of State.

Indeed. But what strikes me is that, if Obama really has made the offer to Clinton, he may have in mind not just the obvious skills (and potential detriments) that Hillary Clinton could bring to the job, but also making a bold play for mid-east peace and specifically the Israeli/Palestinian component of it.

George Bush has never paid more than lip service to honest brokerage of real peace and rapprochement between Israel and the Palestinians. Even the supposedly vaunted "Roadmap" was nothing but rhetorical roadkill on delivery, and his efforts have gone downhill since then. Condi Rice has been useless at best on the issue, and Dick Cheney, well, enough said there.

Now that office has been assumed, both Barack Obama and his agent, Hillary Clinton, have been methodical in their moves affirmatively and diplomatically on the mid-east foreign policy front; however they have been aggressive and far more enlightened than the Bush/Cheney regime. And, let’s be honest, this is not something that could be done precipitously or overnight. I am critical of Obama on several domestic fronts, but as to foreign policy, with the possible exception of Afghanistan, there is some healthy credit due. Here are just a few of the signs.

From the LA Times:

In her trip through the Middle East and Europe last week, Hillary Rodham Clinton was warmly received in most places by audiences who are fascinated by the life of the former first lady — and delighted that George W. Bush resides once more in Texas.

She was applauded vigorously by reporters at a news conference in Egypt, a highly unusual gesture from Arab journalists toward a U.S. official. Officials of the North Atlantic Treaty Organization, some of whom felt shut out by the Bush administration, grilled her in a private meeting on the Obama administration’s intentions, then applauded as well.

Love-fests aside, Clinton moved with a speed few expected on her second voyage as secretary of State. Billed as no more than a modest "listening tour," Clinton’s trip offered the most complete picture yet of how the new administration hopes to overhaul American relations with the world.

Clinton took steps toward possible new relationships with Syria and Iran that could redraw Read more →

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The AIPAC Prosecution Suffers A Crippling Blow

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images5.thumbnail.jpegMost of you know about the AIPAC criminal case that has been simmering below the main media radar since it was filed in May, 2005. In a nutshell, the indictment alleges that Lawrence Franklin, a DOD/Pentagon official working in Defense Secretary Rumsfeld’s office (with everyone’s favorite public servants Doug Feith and Paul Wolfowitz), passed top-secret information relating to Iran and Iraq to Steve Rosen, AIPAC’s then-policy director, and Keith Weissman, a senior Iran analyst with AIPAC. Franklin pled guilty and was sentenced in January, 2006.

In the three, count em three, years since Franklin’s plea, the government has pressed on with the prosecution of Franklin’s co-defendants Rosen and Weissman. That may be nearing an end though with a critical decision issued by the trial judge in the case, Judge Thomas Ellis of the Eastern District of Virginia (EDVA) on February 17. The opinion is not only important for the AIPAC case, but for many, if not all, of the secrecy cases that are currently in play in Federal courts across the country.

A little background is in order. The defendants, Rosen and Weissman, sought to introduce the expert testimony of Bill Leonard, a retired United States government official with substantial experience and expertise in the field of information classification, as part of their defense at trial. Leonard, who retired last year, was formerly the director of the government’s Information Security Office responsible for oversight of the entire U.S. classification system.

Leonard, from all appearances, was willing to testify, however, fearing prosecution himself, he insisted on a subpoena and then personally moved to quash the subpoena on the ground that his testimony might be barred by 18 USC 207, which restricts the activities of former executive branch officers and employees. The government, not wanting to be crucified by their own former guy, through the Department of Justice joined in Leonard’s motion to quash. Defendants Rosen and Weissman’s attorneys, obviously, opposed the motion to quash and argued that section 207 did not preclude Leonard’s testimony, and asserted that the court should enter an order directing Leonard to give said testimony at trial. Effectively, Leonard was seeking cover from the court so he could not get jerked around by the government for being wiling to testify. Very smart move by a very smart man, especially since the Bush/Cheney DOJ prosecutors were threatening that he might be liable for up to a year in jail if he testified.

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Down On The Border: State Of War In Mexico

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Via Laura Rozen comes reference to a chilling piece by Sam Quinones in Foreign Policy on the drug smuggling violence that has escalated to a total state of war rivaling levels in Iraq.

There are so many hot spots for attention these days – Iraq, Afghanistan, Pakistan, Gitmo, not to mention the ops that are being run on US citizens by their own government as a result of the Bush/Cheney decision to gin up a military rationale for surveillance domestically – that it is easy to forget what is going on just across the border. Easy, at least, until you take in Sam Quinones’ tale:

That week in Monterrey, newspapers reported, Mexico clocked 167 drug-related murders. When I lived there, they didn’t have to measure murder by the week. There were only about a thousand drug-related killings annually. The Mexico I returned to in 2008 would end that year with a body count of more than 5,300 dead. That’s almost double the death toll from the year before—and more than all the U.S. troops killed in Iraq since that war began.

But it wasn’t just the amount of killing that shocked me. When I lived in Mexico, the occasional gang member would turn up executed, maybe with duct-taped hands, rolled in a carpet, and dropped in an alley. But Mexico’s newspapers itemized a different kind of slaughter last August: Twenty-four of the week’s 167 dead were cops, 21 were decapitated, and 30 showed signs of torture. Campesinos found a pile of 12 more headless bodies in the Yucatán. Four more decapitated corpses were found in Tijuana, the same city where barrels of acid containing human remains were later placed in front of a seafood restaurant. A couple of weeks later, someone threw two hand grenades into an Independence Day celebration in Morelia, killing eight and injuring dozens more. And at any time, you could find YouTube videos of Mexican gangs executing their rivals—an eerie reminder of, and possibly a lesson learned from, al Qaeda in Iraq.

This is neither new nor isolated. When I was younger, I used to go down to Tijuana, it was a great time. It really was easy and fun; what Chinatown was to LA, Tijuana was to San Diego. No longer is even the formerly relatively civil Tijuana docile and appropriate for casual strolling about. Long ago, back in the sixties, on our way back to Read more →

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