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Loretta Lynch Is A Dubious Nominee For Attorney General

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CryingJusticeLoretta Lynch is an excellent nominee for Attorney General, and her prior actions in whitewashing the blatant and rampant criminality of HSBC should not be held against her, because she didn’t know that at the time she last whitewashed that criminal enterprise, right?

No. Nothing could be further from the truth.

This is a cop out by Lynch’s advocates. Lynch either knew, or damn well should have known. She signed off on the HSBC Deferred Prosecution Agreement (DPA), if she was less than fully informed, that is on her. That is what signing legal documents stands for….responsibility. Banks like HSBC, Credit Suisse, ING etc were, and still are, a cesspool of criminal activity and avoidance schemes. Willful blindness to the same old bankster crimes by Lynch doesn’t cut it (great piece by David Dayen by the way).

But, all the above ignores the Swiss Alps sized mountains of evidence that we know Lynch was aware of and blithely swept under the rug by her HSBC DPA. So, we are basically left to decide whether Lynch is a bankster loving toady that is her own woman and cravenly whitewashed this all on her own, or whether she is a clueless stooge taking orders to whitewash it by DOJ Main. Both views are terminally unattractive and emblematic of the oblivious, turn the other cheek to protect the monied class, rot that infects the Department of Justice on the crimes of the century to date.

And that is only scratching the real surface of my objections to Lynch. There are many other areas where Lynch has proven herself to be a dedicated, dyed in the wool “law and order adherent” and, as Marcy Wheeler artfully coined, “executive maximalist”. Lynch’s ridiculous contortion, and expansion, of extraterritorial jurisdiction to suit the convenient whims of the Obama Administration’s unparalleled assault on the Rule of Law in the war on terror is incredibly troubling. Though, to be fair, EDNY is the landing point of JFK International and a frequent jurisdiction by designation. Some of these same questions could have been asked of Preet Bharara (see, e.g. U.S. v. Warsame) Loretta Lynch has every bit the same, if not indeed more, skin in the game as Bharara, whether by choice or chance.

Lynch has never uttered a word in dissent from this ridiculous expansion of extraterritorial jurisdiction. Lynch’s record in this regard is crystal clear from cases like US v. Ahmed, Yousef, et. al. where even Lynch and her office acknowledged that their targets could not have “posed a specific threat to the United States” much less have committed specific acts against the US.

This unconscionable expansion is clearly all good by Lynch, and the ends justify the means because there might be “scary terrists” out there. That is just dandy by American “executive maximalists”, but it is toxic to the Rule of Law, both domestically and internationally (See, supra). If the US, and its putative Attorney General, are to set precedents in jurisdictional reach on common alleged terroristic support, then they ought live by them on seminal concerns like torture and war crimes under international legal norms. Loretta Lynch has demonstrated a proclivity for the convenience of the former and a toady like disdain for the latter.

And the same willingness to go along to get along with contortion of the Rule of Law in that regard seems beyond certain to extend to her treatment of surveillance issues and warrant applications, state secrets, over-classification, attack on the press and, critically, separation of powers issues. Those types of concerns, along with how the Civil Rights Division is utilized to rein in out of control militarized cops and voting rights issues, how the OLC stands up to Executive overreach, whether OPR is allowed to continue to shield disgraceful and unethical AUSAs, and whether she has the balls to stand up to the infamously insulated inner Obama circle in the White House. Do you really think Loretta Lynch would have backed up Carolyn Krass and OLC in telling Obama no on the Libyan War Powers Resolution issue?

For my part, I don’t think there is a chance in hell Lynch would have stood up to Obama on a war powers, nor any other critical issue, and that is a huge problem. Krass and Holder may have lost the Libyan WPR battle, but at least they had the guts to stand up and say no, and leave a record of the same for posterity.

That is what really counts, not the tripe being discussed in the press, and the typically preening clown show “hearing” in front of SJC. That is where the rubber meets the road for an AG nominee, not that she simply put away some mobsters and did not disgrace herself – well, beyond the above, anyway (which she absolutely did) – during her time as US Attorney in EDNY. If you are a participant in, or interested observer of, the criminal justice system as I am, we should aspire to something better than Eric Holder. Holder may not have been everything hoped for from an Obama AG when the Administration took office in January of 2009, but he was a breath of fresh air coming off the AG line of the Bush/Cheney regime. Loretta Lynch is not better, and is not forward progress from Holder, indeed she is several steps down in the wrong direction. That is not the way to go.

The fact that Loretta Lynch is celebrated as a great nominee by not just Democrats in general, but the so called progressives in specific, is embarrassing. She is absolutely horrible. If Bush had put her up for nomination, people of the progressive ilk, far and wide, would be screaming bloody murder. Well, she is the same person, and she is a terrible nominee. And that does not bode well for the Rule of Law over the remainder of the Obama Administration.

And this post has not even touched on more mundane, day to day, criminal law and procedure issues on which Lynch is terrible. And horrible regression from Eric Holder. Say for instance pot. Decriminalization, indeed legalization, of marijuana is one of the backbone elements of reducing both the jail and prison incarceration rate, especially in relation to minorities. Loretta Lynch is unconscionably against that (See, e.g., p. 49 (of pdf) et. seq.). Lynch appears no more enlightened on other sentencing and prison reform, indeed, she seems to be of a standard hard core prosecutorial wind up law and order lock em up mentality. Lynch’s positions on relentless Brady violations by the DOJ were equally milquetoast, if not pathetic (See, e.g. p. 203 (of pdf) et. seq.). This discussion could go on and on, but Loretta Lynch will never come out to be a better nominee for Attorney General.

Observers ought stop and think about the legal quality, or lack thereof, of the nominee they are blindly endorsing. If you want more enlightened criminal justice policy, to really combat the prison state and war on drugs, and to rein in the out of control security state and war on terror apparatus, Loretta Lynch is a patently terrible choice; we can, and should, do better.

Graphing the Afghanistan Surge Out of Existence

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On Wednesday, Jason Leopold tweeted this image that had been released by the White House:

What surge?

What surge?

Marcy quickly responded, “Funny how you can graph surge out of existence.” 

So how did the White House make Obama’s surge of troops into Afghanistan disappear? Consider this graph of troop levels in Afghanistan, where we see the surge of US troops into Afghanistan standing out clearly:

Afghanistan troop levels.

Afghanistan troop levels.

This graph shows what we are used to seeing for Afghanistan, where troop levels were only around 35,000 when Obama took office in 2009 and surged to almost 100,000 in 2010, remaining at that level through most of 2011, as well. So how did the White House hide this surge in their feel-good “bringing home the troops” message? They did it by making the graph include both Iraq and Afghanistan.

Here are the troop levels for Iraq:

Iraq troop levels.

Iraq troop levels.

There were around 150,000 US troops in Iraq when Obama took office and by the time his Afghanistan surge (remember, Obama campaigned about Afghanistan being the “good war”) reached its peak in late 2010, Iraq troop levels had dropped to around 50,000 (although Obama waved his hand and declared that these were no longer “combat troops”). So, with a net loss of 100,000 troops  in Iraq during the same time period, the White House was able to make it appear that the surge of about 65,000 troops into Afghanistan never happened.

Maybe next week the White House can graph that pesky inequality of capital distribution out of existence. I’m sure it will make us all feel richer.

The Return of the NFL: It’s ON!!!

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[Hey there Lugnuts!! We are having a fundraiser here at Emptywheel. Help the effort out! We have been really hesitant about doing this in the past. To the best of my recollection, we have not done one at all since leaving FDL. Marcy will not toot her own horn, but I will. The level, depth, independence, and rationality, of what Ms. Wheeler does makes most “Main Stream” and other “blogs” look feeble. And it is not just her, Jim White, Rayne and, occasionally, I who also contribute. This is a valuable forum. We live for you, but we also need your help. To the extent you can give it, it would be remarkably well placed, and much appreciated. Thank you!]

I have been being heckled about this Trash Talk stuff forever. Marcy is just cranky jonesing for football and Jim White thinks the Devil Rays count. But this ain’t called “Trash Talk” for nothing you know. Pre-season fake football and baseball in the swamps are not enough. Nosirree. Not in a sophisticated joint like this.

But there was a little smattering of real college football last Saturday, so there was primordial Trash. But, now, my friends, there is REAL, professional grade, NFL football in the queue. Let it be known, unless I meet a bigger margarita pitcher and burrito that looks like this tomorrow night, there will by Saturday morning be additional MAJOR LEAGUE Trash for the weekend. NCAA, NFL and the F1 Circus at Monza (yes, that really may be the bigger story worldwide. Formula One rules; get used to it).

But, tonight, there are two games on the schedule. The biggest, of course, is a replay of last season’s AFC Divisional Playoffs between the Denver Broncos and Baltimore Ravens. Ought to be a great game. Despite what the naysayers say, Peyton Manning’s arm is turning bionic in its incredible strength. The Bronco’s, however, are a bit wounded with Elvis Dumervil now on the Ravens and Von Miller suspended for the first six games. The Ravens have also lost a LOT of weight from last year’s Superbowl team, including Ray Lewis and Ed Reed. As much as the media and fans have always focused on Ray Lewis, I cannot help but believe the absence of Ed Reed, one of the most incredible ball hawks in the history of the NFL, is every bit as big a loss. Broncos are at home and are PISSED about that last minute loss last year to the Ravens. My money is on Peyton and the ARM OF HULK.

Secondarily, and I, (maybe you?) will probably have to DVR this, but the ASU Sun Devils are opening their season tonight at 10:00 pm EST against Sacramento State. Okay, this won’t be much of a game. But, GO DEVILS!!

That’s it for now. More later as promised. This is the best blog in the world, if I do say so from my completely neutral perch! Rock and roll my friends. Today’s music is by Government Mule. Because Donkos and Peyton rock….and, because, the US Government, collectively, are a bunch of War Pigs.

GAO Catches DoD Changing Definitions to Claim Progress Training Afghans, Misses Real Risks

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Patrick Eddington pointed us toward a report (pdf) released yesterday by the GAO. The report is titled “Afghanistan Security: Long-standing Challenges May Affect Progress and Sustainment of Afghan National Security Forces”. GAO describes their reasons for the report (which is also Congressional testimony):

This testimony discusses findings from GAO reports and ongoing work that cover (1) progress reported and tools used to assess ANSF capability, (2) challenges affecting the development of capable ANSF, and (3) use of U.S. Security Force Assistance Advisory Teams to advise and assist ANSF.

The report does a very good job of catching the Defense Department redefining the highest category of ANSF capability in order to claim progress in the percentage of units that have achieved the highest level. However, as Eddington pointed out in his tweet, GAO falls far short of its second goal of enumerating the “challenges affecting the development of capable ANSF”, as the report is entirely silent on the two biggest hurdles faced: defections and green on blue killings.

Here is Reuters’ Missy Ryan describing the use of changed descriptors to claim progress:

The Pentagon’s decision to change the standards used to grade the success of Afghan police and soldiers, who are a centerpiece of U.S. strategy for smoothly exiting the war in Afghanistan, helped it present a positive picture of those forces’ abilities, a U.S. government watchdog reported on Tuesday.

“These changes … were responsible, in part, for its reported increase in April 2012 of the number of ANSF units rated at the highest level,” the Government Accountability Office said in a new report on Afghan national security forces, known as ANSF.

In a twice-annual report to Congress in April 2012, the Defense Department reported that Afghan police and soldiers “continued to make substantial progress,” classifying 15 out of 219 army units as able to operate ‘independently with assistance’ from foreign advisors. Almost 40 out of 435 police units got the same rating.

And what was the redefinition of terms that was used? Merely a slight change that completely negates its meaning:

“Key definitions used in capability assessments … have changed several times,” the GAO said. Its report said the Pentagon’s highest rating for Afghan forces had changed from ‘independent’ in early 2011 to ‘independent with advisors’ later that year.

Gosh, the only way that DoD could show that the ANSF had increased the number of units rated at the highest level of capability was to redefine that highest level of capability. So, instead of “independent”, the most capable units are now “independent with advisors”, which is, you know, NOT independent. Read more →

I Was Wrong About The Chen Affair

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I am in the unenviable position of having to say I was wrong and am sorry. This is in relation to the issue of US diplomacy vis a vis China as relates to Chinese dissident Chen Guangcheng. In case anybody has forgotten, I wrote a rather harsh article toward the US government, by the State Department, conduct within 24 hours or so of it hitting the news wires:

Hillary Clinton, and the State Department under President Obama, have been far from perfect, to be sure; but, overall, one of the stronger, if not strongest, departments in Obama’s cabinet. But this is way ugly, and ought to, by all rights, leave a very permanent mark. It is a stain fairly earned in every sense of the word. Hard to imagine a more cravenly constructed pile of PR bullshit since the Jessica Lynch affair. Yet here it is in living steaming brownish color. All painted with Madame Secretary conveniently in Beijing, China. Awkward!

In a nutshell, I was extremely critical of the entire show, and especially the press manipulation component thereof.

I was wrong. I still have pretty strong issues with the opportunistic way in which the press was contacted by Chen on the way from the embassy to the hospital, which was completely aided and abetted by the US diplomatic officials with him, but this is, at this point, kind of a minor quibble it seems. And, heck, who knows, maybe it was even part of the plan.

Whatever, it seems to have worked out.

Here is today’s lead from the Washington Post:

Blind legal activist Chen Guangcheng, who had been at the center of a diplomatic row between the U.S. and Chinese governments, left Beijing on Saturday afternoon on a United Airlines flight bound for Newark and an uncertain life in the United States, after Chinese officials and American diplomats worked out of the public view to arrange for him and his family to travel out of the country.

In the past two weeks, while waiting for movement on the Chinese side, senior staff in the State Department had been laying the groundwork for Chen’s departure, including the logistics of his transportation, according to a senior administration official who was not authorized to give his name.

Listen, this is still very far from ideal in a number of respects, and it will be a long time, if ever, before we know all the facts and circumstances surrounding this mess. But fair is fair, my initial criticism, even if correct in some lesser elements, was dreadfully wrong overall.

Hat’s off to Hillary Clinton, the State Department and the Obama Administration. It is far from perfect, but it is looking pretty good. I was wrong to be too critical, too soon.

UPDATE: The Washington Post has a pretty fleshed out tick tock on the gig. It actually does look like fairly decent work by State. Would love to see an honest version of the same on the flip side, from the Chinese perspective. That would be fascinating.

Chen Guangcheng: The Hollow Core of a Press Manipulation Presidency

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I live in the Pacific time zone, a full three hours behind the news makers and breakers on the east coast. I woke up early yesterday, by my time, and found an apparent great story occupying my Twitter stream: Chinese dissident and activist Chen Guangcheng had not only, through the miracle that is United States benevolence, been sheltered in the US Embassy (as had been theorized) from his daring blind man’s escape from house arrest, but had been represented in a breathtakingly humanitarian deal with the oppressive Chinese government that resulted in his proper medical care, reunion with his family and a safe and fulfilling life from here on out.

The proverbial “and everybody lived happily ever after”.

By the time I got my second eye open, and focused, I realized what I was reading something more akin to a Highlights Magazine “What’s Wrong With This Picture?” puzzle.

And so it was. What a difference a day makes. The initial report I read this morning at the source Washington Post article appears to be pushed aside from their website, supplanted by a more honest report.

The first report at the WaPo depicted an incoming call to the reporter from US Ambassador to China, Gary Locke:

What I was not prepared for was when Locke said, “I’m here with Chen Guangcheng. Do you speak Chinese? Hold on.”

And then passed the phone over.

“Hello, this is Chen Guangcheng,” came a matter-of-fact, almost cheerful voice.

I introduced myself in halting Chinese, using my Chinese name and the Chinese name for The Washington Post. I asked how Chen was, and where. I asked him to speak slowly, to make sure I could understand.

“Washington Post?” Chen repeated, his voice sounding generally happy. Chen said he was fine and was in the car headed to the hospital, Chaoyang Hospital. He repeated the name slowly, three times.

And that was it. Chen handed the phone back to the ambassador, who said they were stuck in traffic, but promised a full briefing later.

Following the old “two source” rule for journalists, I definitely had my story. Chen was indeed under U.S. diplomatic protection, as we and other news outlets had been reporting. He was now leaving the embassy on his way to the hospital. In a vehicle with the American ambassador. The first word would go out soon after that, in a blast to our overnight editors, and via my Twitter account.

I learned later that I was just one in a succession of calls U.S. diplomats made from the van at Chen’s request — they also spoke to Chen’s lawyer and to Secretary of State Hillary Rodham Clinton, recently arrived in Beijing for an important two-day summit.

That was the “happily ever after” story which was too good to be true.

It was indeed too good to be true. A mere twelve hours later, and even the Washington Post Read more →

US Vows No Change of Course in Afghanistan Despite 17% of NATO Deaths in 2012 From Fratricide

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"There is absolutely no reason to change course when we're making the kind of progress we're making" -- Pentagon spokesman George Little, February 27, 2012

Displaying a remarkable inability to process the meaning of ongoing events, both White House spokesman Jay Carney and Pentagon spokesman George Little ventured dangerously close to “Baghdad Bob” territory on Monday, declaring that there is no reason to change the strategy or timetable for withdrawal in Afghanistan despite violence levels that have been on a steady rise since the US diverted its attention from Afghanistan to Iraq in 2003 and a rising toll of NATO forces being killed by Afghan forces.

The first question in Monday’s White House press briefing went right to the heart of the crisis that is ongoing in Afghanistan:

But I’m wondering how you explain to the average American who has seen this war go on for 10 years and is ready for troops to come home — how do explain it when the people that we’re training turn their guns on us, or U.S. officers in a secure Afghan Interior building are shot dead?  How do you explain why it’s working?

After Jay Carney responded with a very long “stay the course” explanation of how we must remove any possibility of al Qaeda re-emerging and that we must make conditions appropriate for handing off security to the Afghans, there was this follow-up:

Q    So you just sort of recounted the case there of how the President redefined the mission and how it’s important to stick with it, to stay the course.  But I’m wondering what you do about the attitudes of the American people who, in the case — more than one case in this last week — they say the people that we are going to war with, in some cases, are killing us.  Why should we still support this war?  How do you make that case?  And do you worry that it’s going to erode — the American public support will continue to erode in an election year?

MR. CARNEY:  Well, the incidents that you refer to are tragic and horrific and indefensible, there’s no question.  But it is important to remember that 95 to 97 percent of the missions the U.S. forces embark on in Afghanistan, they do so with their Afghan partners.  We’re talking about thousands and thousands of operations that proceed successfully with Afghan partners without anything like this happening.

These are isolated incidents — which does not, of course, mean they are not terrible — and are being investigated by both the Afghan government and ISAF.  But the overall importance of defeating al Qaeda remains and that is why we need to see — to continue the focus on that; to continue the process of, in the implementation of the President’s objectives, transferring security lead over to the Afghans so that American troops can come home.

It’s important to remember the President has already, through his strategy, laid out a process by which American troops will come home as we turn over security responsibility, security lead to Afghan forces.  And as we do that, we will be unrelenting in our pursuit of al Qaeda and unrelenting in our efforts to remove leaders of al Qaeda from the battlefield.

That’s just stunning. Carney insists that “These are isolated incidents” and yet, if we look at the numbers from this year, they are horrific. From AP:

Of 52 U.S. and NATO troops killed this year in Afghanistan, nine were apparently killed by Afghan forces or impersonators. Read more →

UN Finds Cluster Munition Evidence in Libya, PressTV Runs Video of US Cluster Bombs in Afghanistan

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B1 bomber dropping cluster bombs. (US Air Force photo from Wikimedia Commons)

In the At War blog on the New York Times website, it was reported yesterday that the UN has found additional evidence of the use of cluster bombs in Libya. The munitions found appear to have been used by pro-government forces:

Civilian de-miners working in Libya have found another type of cluster bomb used last year during the war that overthrew Col. Muammar el-Qaddafi, according to the United Nations and Mines Advisory Group, or MAG, a nongovernment organization helping to clean up areas littered with mines and unexploded ordnance.

/snip/

About 30 of the submunitions were found, some exploded, others not, near the main road about 20 miles from the southern gate of Ajdjabiya, according to Ivica Stilin, MAG’s technical operations manager in Libya.

/snip/

Mr. Stilin said the evidence pointed to the Libyan Arab Republic Air Force’s having dropped the bomblets in March 2011. The discovery also aligned with a photo analysis made at that time by David Cencio, an Italian aviation blogger who closely followed the war. In a post on March 14, 2011, Mr. Cencio noted that a photograph made several days before by Marco Longari of Agence France-Presse-Getty appeared to show a Libyan Su-22 flying at low-elevation carrying RBK-250’s.

Only after the reader scrolls through eight paragraphs and a second photo below the headline photo do we find the notation that the US has not joined in the world ban on cluster munitions:

The use of cluster munitions has been widely banned under international convention, though several nations — including Libya, China, Russia and the United States – have not signed the convention. NATO has publicly said that neither its forces nor any of the foreign military armies that participated with the alliance in the conflict used cluster munitions.

Just one day after that post at the Times website, Iran’s PressTV has put up a new story (warning: the video is set on auto-play) today claiming to have video of US cluster bomb usage in Afghanistan. There is no date on the video and the accompanying story with the video does not explicitly state that the video is recent. Note that the image at the very beginning of the PressTV video, which is also the image shown when the video loads before being played, is the US Air Force photo found on Wikimedia Commons which I included above. Here is a part of the description from the PressTV story:

New footage has emerged showing US-led warplanes dropping cluster bombs in war-torn Afghanistan, Press TVreports.

The US-led forces have used cluster munitions since their invasion of Afghanistan in 2001. The bombings have caused huge loss of life and property damage.

Apart from the civilians who fall victim to such bombs during the raids, other people continue to be killed by bomblets that do not detonate upon impact.

/snip/

The US and Israel are the world’s top producers of cluster bombs. Washington and Tel Aviv have refused to sign the Convention on Cluster Munitions which has been in force since 2010.

The Afghanistan situation regarding cluster bombs is quite intriguing. On December 3, 2008, Afghanistan surprisingly defied the lame-duck Bush administration and signed the cluster bomb treaty: Read more →

Executive Nominations, Judicial Emergencies and Change in WH Counsel’s Office

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Abby Philip and Josh Gerstein at Politico have an excellent piece up on the state of Executive Branch nominations in the Obama Administration.

It’s crunch time for the White House to get key executive branch jobs filled before the end of President Barack Obama’s first term.

Dozens of top posts in both the executive branch and the judiciary remain vacant, while some of those who started near the beginning of the administration are bailing out.

Nominees who aren’t confirmed by the Senate by the end of this year likely will become tangled in election-year politics, given Republican hopes of taking the White House, the Senate or both. If Obama wants a good shot at getting his nominees through this year, Hill veterans say, names need to reach the Senate by the summer recess.

Adding to the heightened urgency for action: Many of the unfilled posts deal with Obama’s major policy priorities, including financial regulatory reform, immigration and health care. Not coincidentally, those positions also are some of the most likely to become ensnared in partisan disputes.

Go read their full article, it is a good across the board discussion on nominees and where we stand in various areas of interest.

There are two areas of the Politico piece I want to draw attention to. The first is the critical importance of work and support by the White House for their nominees and the nomination process.

But one former official said much of the blame for the slow pace lies with the White House.

“A lot of fingers have been pointed at the Senate,” said Chase Untermeyer, who served as director of presidential personnel for President George H.W. Bush. “I always say that two-thirds of the job is on the executive side.”

Exactly. For one thing, it is hard for an administration to get a confirmation if it does not make nominations. Take federal judges for instance, for most of the past two years there have been around a hundred vacancies on the Circuit and District courts; Mr. Obama has rarely had nominees for more than half of them. This is simply federal administrative incompetence, and it takes a heavy toll Read more →

US Assassinates Saif Qaddafi and Three Qaddafi Grandsons

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[Update caveat: As i mentioned in comments, there is no independent confirmation other than the Libya press release/announcement that either Saif or children truly were killed. Many on the ground in Libya are skeptical that it is a stunt. That is certainly possible; however, that is a ruse that would be exposed you would think, so it would not seem to make for a promising stunt. It is possible though.]

Fresh off the BBC wire:

A Nato air strike in the Libyan capital, Tripoli, has killed the son of the Libyan leader, Colonel Gaddafi, a government spokesman has said.

Colonel Gaddafi himself was in the large residential villa which was hit by the strike, the spokesman added, but he was unharmed.

His son Saif al-Arab was killed, as well as three of his grandsons.

Journalists say the building was extensively damaged and one unexploded bomb remains at the site.

Government spokesman Moussa Ibrahim said the villa was attacked “with full power.”

NBC’s Richard Engel reports the “images look like NATO used bunker busters on compound”.

That is some “no fly zone” that is being enforced; apparently civilians, women and children (Saif Qaddafi and Qaddafi grandchildren) on the ground are considered legitimate targets. Mr. Obama and his White House have spoken out of both sides of their mouths as to whether “regime change” was their goal. Defense Secretary Gates has admitted that Libya did not pose any “actual or imminent threat” to the US. Mr. Obama has refused to characterize the Libyan intervention as a war even though it obviously is. The US is, just as obviously, the lead actor despite the faux NATO patina and gloss put on the pig.

So, is this type of action, full frontal force against the head of state and his family permitted under the UN resolution or the US guidance? Well, the operative UN provision is UNSCR 1973 . The OLC authorizing memo text is here.

Quite frankly it is hard to find any legal basis under either UN or US authorizations for the action that has been consummated today. Section 4 of UNSCR 1973 does authorize a broad range of force to ”protect civilians and civilian populated areas”; however, it is hard to see the moral, ethical or legal justification for today’s acts in that. It seems all the more tenuous coming directly on the heels of Qaddafi’s plea for a ceasefire.

As Jeremy Scahill stated,

Killing a dictator’s innocent grandchildren really showcases our moral superiority.

No kidding. But what the heck, maybe Obama can cut a few more drone killing jokes tonight at the White House Correspondents Dinner nerdprom. He seems to really like that kind of humor.