Wednesday, August 19, 2015

Pulling Rank: LA Police Union Buys Paper Shares and Editorial Leverage


L.A. Police Union Bought Newspaper Stock, Used Leverage to Try to Fire Editorial Staffers It Accused of Being Anti-Police

by Ted Rall - CounterPunch

 
On July 27 the Los Angeles Times fired me as its editorial cartoonist, announcing my dismissal with a humiliating “Editor’s Note” that (falsely) accused me of being a liar and fabulist.

Not everyone was unhappy about my ouster.

The Los Angeles Police Protective League (LAPPL) soon published a gloating blog post “applaud[ing] the L.A. Times firing of cartoonist Ted Rall.”

I wasn’t surprised they didn’t like me. Since 2009, I drew more than a dozen cartoons criticizing the LAPD as overly militarized, violently abusive of civilians and inept.

Even so, the police union blog went over the top.

“So many within the LAPD were pleasantly surprised…We especially appreciate the Times’ reaction, as the media in general often seems eager to publish material portraying law enforcement in a negative light,” the LAPPL wrote in a blog (which vanished into 404-dom after The Guardian wrote about it this past Saturday).

The LAPPL statement contained a thinly-veiled threat aimed at other journalists critical of law enforcement:

“We hope other news publications will take note of the Times’ willingness to hear and respond to the other side of the story and look at the facts.”

According to the Los Angeles Times’ Note penned by editorial page editor Nick Goldberg, “the Los Angeles Police Department has provided records about the incident,” including the audiotape (probably spliced) initially used to discredit me.

But the LAPD categorically denied being the source of the tape.

If not the LAPD, who gave the tape to the Times? And if it was someone other than the LAPD, why did Goldberg lie about the source in his Editor’s Note?

One possibility: the LAPPL.

Back in 2001, after I filed an Internal Affairs complaint against LAPD Officer Will Durr for falsely charging me with jaywalking and being rude and unprofessional, Durr no doubt attended a hearing about my complaint. (I wasn’t invited to attend.) As a member of the LAPPL, he would have had the right to bring his union representative to this meeting.

Did the LAPPL union rep snatch a copy of my file — and a dub of the LAPD audiotape? If so, did he add it to a “just in case” stash of purloined LAPD evidence at LAPPL headquarters, where it sat until earlier this year?

If the LAPPL used the audiotape of my jaywalking arrest to get me fired from the Times, this behavior would be consistent with the union’s attitude that their pension fund’s ownership of substantial portions of stock in a newspaper or its parent company buys it the right to get rid of editorial staffers whose work it deems insufficiently supportive of the police.

In 2009, the LAPPL (which then represented firefighters as well as cops) pension fund invested $30 million in Platinum Equity, a private Beverly Hills equity firm that owned the San Diego Union-Tribune. On May 21, 2009, the Los Angeles Times reported: “As League President Paul M. Weber views it, that makes the League part owner in the flagging Tribune and League officials are none to happy with the paper’s consistent position that San Diego lawmakers should cut back on salaries and benefits for public employees in order to help close gaping budget deficits.”

“Since the very public employees they continually criticize are now their owners, we strongly believe that those who currently run the editorial pages should be replaced,” Weber wrote in a March 26, 2009 letter to Platinum CEO Tom Gores.

More from the 2009 Times story: “Weber, in an interview, emphasized that the League is not demanding changes in the paper’s news coverage of the issue or in its staff of reporters. ‘It’s just these people on the opinion side. There is not even an attempt to be even-handed. They’re one step away from saying, ‘these public employees are parasites,’’ Weber said.”

Nowadays the $18.4 billion LAPPL pension fund is managed by Oaktree Capital. Oaktree is the single largest stockholder of Tribune Publishing, parent company of the Los Angeles Times.

Does the LAPPL still believe its pension fund “ownership” of newspapers entitles it to change out “these people on the opinion side”?

It would certainly be consistent with my firing at the behest of the LAPD — or perhaps more precisely, the LAPPL.


Ted Rall, syndicated writer and the cartoonist for the Los Angeles Times, is the author of the book “Snowden,” the biography of the NSA whistleblower, to be published August 18th. Want to support independent journalism? You can subscribe to Ted Rall at Beacon.

Bulldozing Beit Jala

Beit Jala

by Masin Qumsiyeh - Popular Resistance


Seventy years ago at the height of the human induced tragedy called World War II, two bombs ("Little boy" and "Fat man") were dropped respectively on Hiroshima and Nagasaki. 250,000 human beings were incinerated to death and hundreds of thousands died slow deaths later with radiation poisoning.

It was an unspeakable act of state terror still unparalleled in human history. It was politically motivated to send a signal to the Soviet Union.

The lessons were not learned and today nine countries have arsenals of nuclear weapons (US, Russia, China, France, England, Pakistan, India, Israel, North Korea). A fraction of this arsenal is enough to wipe out human life on earth. Burning people alive continues of course though on "smaller scale" and the West seems to ignore this. Take the burning of the Dawabsheh family in Duma (near Nablus in Palestine). Father and 18 month old died, mother and second sibling still in bad shape in the hospital. Perpetrators funded by the Israeli government are still unpunished.

Yesterday morning the army of the colonial new "Jewish state" of Israel, 68 years of mayhem in the building, destroyed 15 ancient olive trees dating back 2-3000 years old in Beit Jala. The reason? Israel is going to close off the most fertile valley of Beit Jala western Bethlehem (Wadi Abu Ahmed, Cremisan area). Closing it off from its owners (55 Christian families of Beit Jala) is a step in confiscating it as happened before in thousands of locations.

The world community and the Palestinian authority ignore the continuing massacre of land and people while occasionally making meaningless "statements". In practice though, the Western governments support Israel and have close working ties with it (thus are co-conspirators in the crime in the legal sense).

But I do want to focus on the Palestinian authority (PA) and will argue that it is the biggest enabler of the occupation today.


Let us start for the history creation of the PA. The idea of a self-governing authority in the heavily populated centers of occupied Palestinian territories was an Israeli government idea adopted after a commission was created headed by General Yigal Alon in 1968 immediately after conquering these areas in 1967.

After the 1973 war and the US interventions clearly acting on behave of Israel (Henry Kissinger,Arms shipments and other support that saved Israel), the "compromising" ("compromised"?) faction of the PLO decided to move to get the Western governments primarily the US to accept them.

The ten point program in 1974 and the "declaration of Independence" in 1988 and the Oslo process in 1993 where all steps on the downhill course to implementing the Alon plan.

Oslo succeeded brilliantly in fully "domesticating" the PLO and finally rendering it a meaningless shell and replacing it with the PA, a subcontractor of the Israeli occupation. The nepotism and corruption of the PLO hierarchy under Yasser Arafat where the only real inheritance passed down to the PA. Money and jobs and privilege became the currency of those whose parents and uncles and friends suffered and even sacrificed their lives for. The latter believed in revolution and resistance, the former believed in endless talks and sacred security coordination with Israel and the US.

Does anyone even wonder how is that in 1993, 150,000 settlers lived in these occupied territories and many of them were afraid for their lives and required armed escorts. Today in 2015, 650,000 colonial settlers are here and they live with impunity even burning Palestinian families alive. This is squarely the responsibility of the process described above and its fruit the PA which remains paralyzed to do anything and relies on the excuse of division between Fatah and Hamas. This was not some unforeseen outcome. The Palestinian advisers and other experts involved with the political leadership did warn of this. Some of these advisers left the "negotiations" in disgust and have nothing to do with the PA. Some to them realized they can do nothing but decided to get on the wagon of privilege and power and were thus co-opted by the Alon-plan's fruit, the PA. In the case of the wall that the International court of justice rule to be illegal in 2004, it is still being built on Palestinian land and the only way to stop it it is to end the mental occupation.

The most damaging is the consolidation of a system of mental occupation among both the elites and large segments of the Palestinian population. This mental occupation is characterized by:

a) Implicitly or explicitly accepting that Apartheid Israel is powerful and here to stay (basically accepting the sub-humanization)

b) Implicitly or explicitly accepting that Apartheid Israel will alwqays be supported by western governments especially the US
c) Believing that the only options for having a semi-comfortable life is either to work for the PA or for NGOs (we will deal with NGOs in a separate article). This illusion of manageable life under occupation without a struggle for freedom is mental occupation.
d) The "why rock the boat" attitude combined with lack of belief in others (PA officials always tell me the Palestinian people are hopeless and tribalistic and weak etc).
e) the widespread mistrust of all who claim they resist (but the examples of martyrs and prisoners on hunger strike remain a challenge to this skepticism).

In my book on "Popular Resistance in Palestine: A history of hope and empowerment" I explain why such corrupt leadership eventually fades away and that people make their own history. Every day I see examples of heroism and self-sacrifice parallel with examples of cowardice and mental occupation. But those who put their personal interest ahead of their people interest are also fighting with each other over a shrinking "pie". History will disgrace them.

Our job is to help people shed this mental occupation and arise from the ashes. The screams of women defending the Aqsa compound echo with the screams of the children burned alive and of the land owner in Beit Jala as he watched 2000 year live trees uprooted. These echos say "wake-up" and "fight". After all what choice besides living and fighting with dignity or living as slaves mentally occupied in fancy offices in Ramallah and elsewhere.

If the PA leaders want to reclaim a shred of decency, they would go in front of the bulldozers that even today demolished a home in Jerusalem and they would be arrested instead of begging the occupiers for crumbs.

 Remember the South Lebanon Army! 
Arise and reclaim your dignity!



Ali Dawabsheh, Cecil the Lion and the biopolitics of animal life
http://www.truth-out.org/opinion/item/32346-ali-dawabsheh-cecil-the-lion-and-the-biopolitics-of-animal-life


Haaretz: Israel build separation barier in Beit Jala despite high court ruling
https://medium.com/@thepalestineproject/israel-builds-the-separation-wall-despite-high-court-ruling-857eb62a26fe

PS: in local news, we continue to receive numerous delegations every week at the Palestine Museum of Natural History, we continue to join action, we continue to learn and teach, we continue to grow (with many volunteer and donor help), and we continue to research and try to conserve biodiversity in our small area of this big beautiful planet. To stay abreast of these development please join us on facebook under Palestine Museum of Natural History.




Tuesday, August 18, 2015

FBI Evidence Exonerates Dzhokhar Tsarnaev - And Yet

FBI Evidence Proves Innocence of Accused Boston Marathon Bomber Dzhokhar Tsarnaev

by Paul Craig Roberts - ICH


August 18, 2015

I have been contacted by attorney John Remington Graham, a member in good standing of the bar of the Minnesota Supreme Court and the United States Supreme Court. He informs me that acting in behalf of Maret Tsanaeva, the aunt of the accused Tsamaev brothers and a citizen of the Kyrgyz Republic where she is qualified to practice law, he has assisted her in filing with the US District Court in Boston a pro se motion, including an argument of amicus curiae, and an affidavit of Maret Tsarnaeva. The presiding judge has ordered that these documents be included in the formal record of the case so they will be publicly accessible. The documents are reproduced below.

The documents argue that on the basis of the evidence provided by the FBI, there is no basis for the indictment of Dzhokhar Tsarnaev. The FBI’s evidence clearly concludes that the bomb was in a black knapsack, but the photographs used to establish Dzhokhar’s presence at the marathon show him with a white knapsack. Moreover, the knapsack lacks the heavy bulging appearance that a knapsack containing a bomb would have.

As readers know, I have been suspicious of the Boston Marathon Bombing from the beginning. It seems obvious that both Tsamaev brothers were intended to be killed in the alleged firefight with police, like the alleged perpetrators of the Charlie Hebdo affair in Paris. Convenient deaths in firefights are accepted as indications of guilt and solve the problem of trying innocent patsies.

In Dzhokhar’s case, his guilt was established not by evidence but by accusations, by the betrayal of his government-appointed public defender Judy Clarke who declared Dzhokhar’s guilt in her opening statement of her “defense,” by an alleged confession, evidence of which was never provided, written by Dzhokhar on a boat under which the badly wounded youth lay dying until discovered by the boat owner and hospitalized in critical condition. Following his conviction by his defense attorney, Dzhokhar allegedly confessed again in jihadist terms. As legal scholars have known for centuries, confessions are worthless as indicators of guilt.

Dzhokhar was not convicted on the basis of evidence.

In my questioning of John Remington Graham, I concluded that despite 48 years of active experience with criminal justice, both as a prosecuting attorney and defense attorney, he was shocked to his core by the legal malfeasance of the Tsarnaev case. As Graham is nearing the end of his career, he is willing to speak out, but he could not find a single attorney in the state of Massachusetts who would sponsor his appearance before the Federal District Court in Boston.

This tells me that fear of retribution has now extended its reach into the justice (sic) system and that the America that we knew where law was a shield of the people no longer exists.

Here is the Affidavit of Maret Tsarnaeva:


AFFIDAVIT OF MARET TSARNAEVA CONCERNING THE PROSECUTION OF DZHOKHAR TSARNAEV

Mindful that this affidavit may be filed or displayed as an offer of proof with her authorization in public proceedings contemplated by the laws of the United States of America, and in reliance upon Title 28 of the United States Code, Section 1746, Maret Tsarnaeva deposes and says:

I am the paternal aunt of Dzhokhar Tsarnaev who has been prosecuted before the United States District Court for Massachusetts upon indictment of a federal grand jury returned on June 27, 2013, for causing one of two explosions on Boylston Street in Boston on April 15, 2013. In the count for conspiracy, certain other overt acts of wrongdoing are mentioned. As I understand the indictment, if Dzhokhar did not carry and detonate an improvised explosive device or pressure-cooker bomb as alleged, all thirty counts fail, although perhaps some lingering questions, about which I offer no comment here, might remain for resolution, subject to guarantees of due process of law, within the jurisdiction of the Commonwealth of Massachusetts.

I am currently living in Grozny, the capital of Chechnya which is a republic within the Russian Federation. My academic training included full-time studies in a five-year program of the Law Faculty at the Kyrgyz State University, and I also hold the degree of master of laws (LL. M.), with focus on securities laws, granted by the University of Manitoba while I lived in Canada. I am qualified to practice law in Kyrgyzstan. I am fluent in Russian, Chechen, and English, and am familiar with other languages. I am prepared to testify under oath in public proceedings in the United States, if my expenses are paid, and if my personal safety and right of return to my home in Chechnya are adequately assured in advance.

Aside from other anomalies and other aspects of the case on which I make no comment here, I am aware of several photo exhibits, upon which the Federal Bureau of Investigation (FBI) relied, or of evidence which their crime laboratory has produced, and certain other reports or material. Together, these plainly show that Dzhokhar was not carrying a large, nylon, black backpack, including a white-rectangle marking at the top, and containing a heavy pressure- cooker bomb, shortly before explosions in Boston on April 15, 2013, as claimed by the FBI and as alleged in the indictment for both explosions. On the contrary, these photo exhibits show unmistakably that Dzhokhar was carrying over his right shoulder a primarily white backpack which was light in weight, and was not bulging or sagging as would have been evident if it contained a heavy pressure-cooker bomb. The only reasonable conclusion is that Dzhokhar was not responsible for either of the explosions in question.

On or about June 20-21, 2013, during their first trip to Russia, which lasted about ten days more or less, Judy Clarke and William Fick, lawyers from the federal public defender’s office in Boston, visited my brother Anzor Tsarnaev, and his wife Zubeidat, respectively the father and mother of Dzhokhar. The meeting was at the home of Dzhokhar’s parents in Makhachka which is in the republic of Dagestan adjacent to the republic of Chechnya, and about three hours’ drive from Grozny. My mother, my sister Malkan, and I were present at this meeting. Zubeidat speaks acceptable English. Mr. Fick is fluent in Russian.

Laying aside other details of the conversation on June 20-21, 2013, I wish to note the following:

— The lawyers from Boston strongly advised that Anzor and Zubeidat refrain from saying in public that Dzhokhar and his brother Tamerlan were not guilty. They warned that, if their advice were not followed, Dzhokhar’s life in custody near Boston would be more difficult;

— Mme Clarke and Mr. Fick also requested of Anzor and Zubeidat that they assist in influencing Dzhokhar to accept the legal representation of the federal public defender’s office in Boston. Mr. Fick revealed that Dzhokhar was refusing the services of the federal public defender’s office in Boston, and sending lawyers and staff away when they visited him in custody. In reaction to the suggestion of Mr. Fick, lively discussion followed;

— As Dzhokhar’s family, we expressed our concern that the federal public defender’s office in Boston was untrustworthy, and might not defend Dzhokhar properly, since they were paid by the government of the United States which was prosecuting him, as many believe for political reasons. Dzhokhar’s parents expressed willingness to engage independent counsel, since Dzhokhar did not trust his government-appointed lawyers. Mr. Fick reacted by saying that the government agents and lawyers would obstruct independent counsel;

— I proposed that Dzhokhar’s family hire independent counsel to work with the federal public defender’s office in order to assure proper and effective representation of Dzhokhar. Mr. Fick replied that, if independent counsel were hired by the family, the federal public defender’s office in Boston would withdraw;

— Mr. Fick then assured Anzor and Zubeidat that the United States Department of Justice had allotted $5 million to Dzhokhar’s defense, and that the federal public defender’s office in Boston intended to defend Dzhokhar properly. Zubeidat then and there said little concerning assurances of Mr. Fick. But for my part, I never believed that the federal public defender’s office in Boston ever intended to defend Dzhokhar as promised. And my impressions from what happened during the trial lead me to believe that the federal public defender’s office in Boston did not defend Dzhokhar competently and ethically.

In any event, I am aware that, following the meeting on June 20-21, 2013, Mme Clarke and Mr. Fick continued to spend time with Anzor and Zubeidat, and eventually persuaded Zubeidat to sign a typed letter in Russian to Dzhokhar, urging him to cooperate wholeheartedly with the federal public defender’s office in Boston. I am informed by my sister Malkan, that Zubeidat gave the letter to the public defenders, shortly before their departure from Russia on or about June 29, 2013, for delivery to Dzhokhar.

During subsequent trips Mme Clarke and Mr. Fick to see Dzhokhar’s parents in Makhachkala, the strategy for defending Dzhokhar was explained, as I learned from my sister Malkan. The public defender’s office in Boston intended to contend at trial, as actually has happened since, that Tamerlan, now deceased, was the mastermind of the crime, and that Dzhokhar was merely following his big brother. I was firmly opposed to this strategy as morally and legally wrong, because Dzhokhar is not guilty, as FBI-generated evidence shows. Some ill- feeling has since developed between myself and Dzhokhar’s parents over their acquiescence.

On or about June 19, 2014, during their visit to Grozny over nearly two weeks, three staff members from the public defender’s office in Boston visited my mother and sisters in Grozny. I am told that they also visited Dzhokhar’s parents in Makhachkala.

The personnel visiting my mother and sisters in Grozny on or about June 19, 2014, included one Charlene, who introduced herself as an independent investigator, working in and with the federal public defender’s office in Boston; another by the name of Jane, a social worker who claimed to have spoken with Dzhokhar; and a third, by the name of Olga, who was a Russian- English interpreter from New Jersey. They did not leave business cards, but stayed at the main hotel in Grozny, hence I presume that their surnames can be ascertained.

I was not present at the meeting in Grozny on or about June 19, 2014, but my sister Malkan, who was present, called me by telephone immediately after the meeting concluded. She revealed to me then the details of the conversation at the meeting. Malkan and I have since spoken about the visit on several occasions.

Malkan speaks Russian and Chechen and is willing to testify under oath in public proceedings in the United States through an interpreter in Russian, if her expenses are paid, and if her personal safety and right of return to her home in Chechnya are adequately assured in advance. She relates, and has authorized me to state for her that, during the conversation on June 19, 2014, in Grozny, Charlene the independent investigator stated flatly that the federal public defender’s office in Boston knew that Dzhokhar was not guilty as charged, and that their office was under enormous pressure from law enforcement agencies and high levels of the government of the United States not to resist conviction. [Remember what happened to Lynne Stewart, the federally appointed public defender who actually served her client. She was sentenced to prison.]

This affidavit is executed outside of the United States, but the foregoing account is true to the best of my knowledge, information, and belief, and subject to the pains and penalties of perjury under the laws of the United States of America.

Given on this 17th day of April 2015.

/s/ Maret Tsarnaeva

Here is the Argument of Amicus Curiae:

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

ARGUMENT OF AMICUS CURIAE No. 13-CR-10200-GAO

MAY IT PLEASE THE COURT:

1. Federal jurisdiction: The constitutional authority of the United States cannot be extended to the prosecution of Dzhokhar Tsarnaev in light of the opinion of the court in United States v. Lopez, 514 U. S. 549 (1995), and views of Alexander Hamilton in The Federalist, Ns. 17, 22, and 34 [Clinton Rossiter (ed.), Mentor edition by New American Library, New York, 1961, pp. 118, 143-144, and 209]. Congress has broad power to regulate commerce, including trade and the incidents of trade, but domestic crimes and use of weapons are generally reserved to the States. If there is sufficient evidence to prosecute Dzhokhar for murder and mayhem, he should and can be prosecuted exclusively by the Commonwealth of Massachusetts. Accordingly, amicus urges that the indictment now pending should be dismissed, and the conviction of her nephew Dzhokhar Tsarnaev of charges under several acts of Congress should be vacated.

2. The actual innocence of the accused: Laying aside misgivings of amicus and many others about of the “official” scenario concerning this case, as broadcast to the world by the government and mainstream news media of the United States, evidence generated by the Federal Bureau of Investigation (FBI), confirmed on the judicial record of this cause, and clarified by the indictment, or suitable for judicial notice under Rule 201(b) of the Federal Rules of Evidence, conclusively proves that Dzhokhar Tsarnaev cannot be guilty of the crimes charged in this prosecution.

The formal indictment against Dzhokhar Tsarnaev was returned on June 27, 2013. The document is 74 pages long, and accuses Mr. Tsarnaev (hereinafter called Dzhokhar) of heinous crimes, including many counts punishable by death. The central event for which Dzhokhar is alleged to have been responsible, according to the indictment, took place, on Boylston Street, in front of the Forum Restaurant, near the finish line of the Boston marathon on April 15, 2013. The most important paragraphs of the indictment are numbered 6, 7, and 24 (including several other paragraphs repeating expressly or by implication the substance thereof). Paragraphs 6-7, read in themselves and in context, state that, acting in concert withhis (now deceased) brother, Dzhokhar set down on the sidewalk and detonated one of two “black backpacks” which contained “improvised explosive devices,” these “constructed from pressure cookers, low explosive power, shrapnel, adhesive, and other materials.” Paragraph 24 clarifies that the black backpack carried, and containing the pressure-cooker bomb allegedly detonated by Dzhokhar, was placed in front of the Forum Restaurant and was associated with the second explosion. The indictment says in paragraph 6 that both bombs exploded at about 2:49 in the afternoon (Eastern time), and that the bombs Dzhokhar and his brother placed and detonated each killed at least one person, and wounded scores of others.

On the morning after the explosions, i. e., on April 16, 2013, Richard DesLauriers, special agent in charge of the FBI in Boston, made a public statement at a press conference, which is published in printed form on the FBI website and in the news media concerning the facts later set forth in the indictment. Mr. DesLauriers said, as paragraphs 6-7 of the indictment substantially confirm,

“. . . this morning, it was determined that both of the explosives were placed in a dark-colored nylon bag or backpack. The bag would have been heavy, because of the components believed to be in it.

“. . . we are asking that the public remain alert, and to alert us to the following activity . . . someone who appeared to be carrying an unusually heavy bag yesterday around the time of the blasts and in the vicinity of the blasts.”

The FBI also published on April 16, 2013, a crime lab photo of a bomb fragment found after the explosions This photo is reproduced as Tsarnaeva exhibit 1 in the appendix hereof, and is believed proper for judicial notice.

From this bomb fragment, the FBI crime lab was able to reconstruct the size, shape, and type of pressure cookers, as was reported on information published by the FBI to the nation on ABC News Nightline on April 16, 2013. A still-frame, taken from (about 01:39-01:54) of this ABC television report, is reproduced as Tsarnaeva exhibit 2 in the appendix hereof, and is offered for judicial notice. A larger segment of this ABC Nightline News report (at about 01:31-02:14) elaborates facts set forth in paragraphs 6-7 of the indictment, including reference to three of the four exhibits reproduced in the appendix hereof. Each of the pressure cookers in question was a Fagor, 6-quart model, marketed in or near Boston and elsewhere in the United States by Macey’s. Its external dimensions are probably about 81⁄2 inches in height, including cover, and about 9 inches in diameter. Stripped of hard plastic handles and filled with nails, bee bees, and other such metal, then prepared as a bomb, it would cause a bag carrying it to be, as observed by the FBI chief in Boston during his press conference on April 16, 2013, “unusually heavy.”

Again on April 16, 2013, the FBI published a crime lab photo, here reproduced as Tsarnaeva exhibit 3 in the appendix hereof, and showing a blown- out backpack which is said to have contained one of the bombs, — a black nylon bag with a characteristic white rectangle marking about 3 by 11⁄2 inches more or less as it appeared following the explosions the day before. This photo pictures the “dark colored nylon bag or backpack” which Mr. DesLauriers described in his press conference on the day after the explosions when he described what was carried by the guilty parties. It was one of the “black backpacks” referenced in paragraph 7 of the indictment. It is pictured in prosecution exhibit 26 which was introduced on the second day of the trial in this cause (day 28 on the transcript, March 5, 2015), showing that the bag or backpack in question was found on the street near the post box in front of the Forum Restaurant on Boylston Street, and, as previously noted, was associated with the second explosion on April 15, 2013, which, in paragraph 24 of the indictment, Dzhokhar is alleged to have detonated. This general impression is confirmed by defense exhibit 3090, showing a backpack with black exterior or covering, and introduced on the sixteenth day of the trial (day 42 on the transcript, March 31, 2015). Tsarnaeva exhibit 3 is also suitable for judicial notice.

On April 18, 2013, the FBI published a 29-second street video claimed to have been taken from Whiskey’s Steak House on Boylston Street at about 02:37- 38 o’clock in the afternoon (Eastern time), only minutes before the explosions on April 15, 2013. It definitively settles the principal question raised by the indictment and the plea of not guilty interposed against it. Part of this video is tucked into prosecution exhibit 22 introduced on the third day of the trial in this cause (day 29 on the transcript, March 9, 2015). From this street video, three still-frame photos have been extracted. Two of these still-frame photos were published by the FBI on April 18, 2013, on posters which were used to identify suspects. All three photos were published by CNN and the Associated Press on April 19, 2013. The third still-frame photo from this video is most telling, and is reproduced as Tsarnaeva exhibit 4 in the appendix hereof. As already noted, the FBI and the indictment have together affirmed that the culprits who detonated these explosions were carrying large, unusually heavy, black backpacks concealing pressure-cooker bombs; but, the third still-frame photo from the Whiskey’s Steak House video reproduced as Tsarnaeva exhibit 4, and drawn from a street video already used by the FBI to identify the suspects and acknowledged by the government in this prosecution, shows unmistakably that, shortly before the explosions, Dzhokhar was carrying a small-size, white* backpack over his right shoulder the same light in weight, not heavy laden, and displaying no sagging or bulging as would normally be evident if the bag identified contained a pressure-cooker bomb of the size and weight which the FBI has described.

(*For all practical purposes and to the naked eye, the color is white, although technical computer analysis suggests a very whitish shade of gray.)

Dzhokhar is not guilty of carrying and detonating a pressure-cooker bomb, as charged in the indictment, as is literally as obvious as the difference between black and white. There were and remain other suspects whose identities have been credibly suggested. See, e. g., Toni Cartalucci, Land Destroyer Report, April 19, 2013 (illustrated commentary entitled “‘Contractors’ Stood Near Bomb, Left Before Detonation.”). But here it is enough to reflect on the comment of Lord Acton that “historic responsibility has to make up for the want of legal responsibility.” — J. Rufus Fears, Selected Writings of Lord Acton, Liberty Fund, Indianapolis, 1985, Vol. 2, p. 383 (Letter to Mandell Creighton, April 5, 1887). Whatever is done in judicial proceedings, history will judge this case, as surely as history has judged other significant cases.

3. The grievance of amicus: It is impossible that federal prosecutors and counsel for the accused did not know of the exculpatory evidence which has just been identified and illustrated. Yet federal prosecutors went head without probable cause, as if decisive evidence of actual innocence, impossible to ignore in a diligent study of this case, did not exist, as is wholly unacceptable in light of Brady v. Maryland, 373 U. S. 83 at 86-87 (1963).

Moreover, in her opening statement at trial on March 4, 2015, as reflected in the fourth paragraph of the transcript of her comments, court-appointed counsel for the accused forcefully insisted that Dzhokhar was guilty of capital felonies, as is positively disproved by evidence generated by the FBI, reinforced by the indictment itself. She said,

“The government and the defense will agree about many things that happened during the week of April 15th, 2013. On Marathon Monday, Tamerlan Tsarnaev walked down Boylston Street with a backpack on his back, carrying a pressure cooker bomb, and put it down in front of Marathon Sports near the finish line of the Marathon. Jahar [i. e., Dzhokhar] Tsarnaev walked down Boylston Street with a backpack on his back carrying a pressure cooker bomb and placed it next to a tree in front of the Forum Restaurant. The explosions extinguished three lives.”

And in her summation to the jury on April 6, 2015, as the transcript shows, court-appointed counsel for the accused said nothing of the exculpatory evidence in this case. She did not even ask for a verdict of not guilty. She could hardly have done more to promote a conviction and the severest sentence possible, even though the third still-frame photo from the video at Whiskey’s Steak House, reproduced as Tsarnaeva exhibit 4, showed Dzhokhar carrying a white backpack, as alone was enough to defeat the indictment insofar as paragraph 7 thereof averred that the accused and his brother committed the principal acts of wrongdoing by carrying and setting down black backpacks. Such misconduct is altogether unacceptable in light of Strickland v. Washington, 446 U. S. 668 at 687- 688 (1984).

The misconduct of which amicus complains served to conceal decisive exculpatory evidence by legerdemain. Amicus urges not only that the death penalty may not be imposed in this case, for all three opinions in Herrera v. Collins, 506 U. S. 390 (1993), allow that the death penalty may not be constitutionally imposed where the accused is demonstrably innocent, but that sua sponte this court order a new trial with directions that new counsel for the accused be appointed, motivated to provide an authentic defense for Dzhokhar.

4. The corpus delicti: Paragraph 10 of the indictment recites a statement in the nature of a confession by Dzhokhar written on the inner walls of a boat in Watertown. But with respect to any and all evidence offered or treated as suggesting an extrajudicial admission of guilt in this case, amicus cites the penetrating observation by Sir William Blackstone in his Commentaries on the Laws of England, Edward Christian, London, 1765, Book IV, p. 357: “[E]ven in cases of felony at common law, [confessions] are the weakest and most suspicious of all testimony, ever liable to be obtained by artifice, false hopes, promises of favour, or menaces, seldom remembered accurately, or reported with due precision, and incapable in their nature of being disproved by other negative evidence.” Amicus and countless others suspect that the alleged confession in the boat was staged as artifice to suit the government’s case, and not authentic. But she stands on ancient wisdom which casts doubt on all extrajudicial confessions without adequate safeguards, including the rule that an extrajudicial confession is insufficient to convict, unless the corpus delicti be sufficiently proved up. The rule is defined with various degrees of rigor from jurisdiction to jurisdiction. In federal courts, in any event, the corroboration required to sustain a confession or statement in the nature of a confession need only be independent, substantial, and reveal the words in question to be reasonably trustworthy, as appears, e. g., in Opper v. United States, 348 U. S. 84 (1954).

If such be the law here applicable, the required corroboration in this case must include evidence showing that Dzhokhar actually carried a large, heavy, black backpack on Boylston Street before the explosions on the afternoon on April 15, 2013, as claimed by the FBI and alleged in the indictment. Tsarnaeva exhibit 4, a product of investigation by the FBI, shows plainly that Dzhokhar did no such thing, hence no required corroboration has been established

5. Closing remarks: The views here expressed are not unique, but shared by good Americans, and others the world over. The undersigned and her sister Malkan are prepared to testify as expressed in the affidavit filed in support of the motion for leave to file a submission as amicus curiae. This argument is

Respectfully submitted,

May 15, 2015 /s/ Maret Tsarnaeva

Zhigulevskaya Str. 7, Apt. 4
364000 Grozny, Chechen Republic, RF Telephone: 011-7-938-899-1671

E-mail: marettsar@gmail.com 10

Of counsel:

John Remington Graham of the Minnesota Bar (#3664X) 180 Haut de la Paroisse
St-Agapit, Quebec G0S 1Z0 Canada
Telephone: 418-888-5049

E-mail: jrgraham@novicomfusion.com

CERTIFICATE OF COMPLIANCE

The undersigned certifies that this submission is consistent with the rules of this Court, that it is prepared in 14-point Times New Roman font, and that the bare text thereof consists of 2,331 words.

May 15, 2015 /s/ Maret Tsarnaeva

APPENDIX TSARNAEVA EXHIBIT 1



APPENDIX TSARNAEVA EXHIBIT 2



APPENDIX TSARNAEVA EXHIBIT 3



APPENDIX TSARNAEVA EXHIBIT 4



This is the communication I received from attorney John Remington Graham:


TO DR. PAUL CRAIG ROBERTS, GREETING :

Dear Sir, — By way of introduction. I have practiced criminal law for nearly forty-eight years, both prosecuting and defending, and served as a founding professor in an accredited law school in my native Minnesota. I have appeared as counsel before courts of record in sixteen jurisdictions, and have a background in forensic science and medicine. I can provide a résumé on request.

On March 25, 2015, while the trial was underway, I wrote and distributed a short opinion on the prosecution of Dzhokhar Tsarnaev, accused of capital felonies in Boston on April 15, 2013 in United States v. Dzhokhar Tsarnaev, No. 13-CR-10200-GAO on the docket of the United States District Court for Massachusetts, commonly known as the “Boston marathon case”, or “the Boston bomber case”. I used eight photo exhibits to explain my conclusions that, as a matter of law, there was no probable cause to support the indictment, and that Mr. Tsanaev was plainly not guilty as charged. These views were shared by others reporting on the internet, but my opinion was meant to provide professional assurance to fellow citizens that, legally speaking, something was radically wrong with the prosecution. In fact there were then and still are a great many anomalies with the case.

The substance of the Boston marathon case, as I then saw it, and as I still see it, is that, on the day after the explosions on Boylston Street in Boston, the FBI crime lab determined from fragments at the crime scene, the FBI chief in Boston announced, and the indictment itself later confirmed that, shortly before the explosions, the culprits were carrying large, heavy-laden, black backpacks containing pressure cooker bombs. Two days later, the FBI chief in Boston stated publicly that the suspects were identified by a certain street surveillance video, which for some days was later displayed for public viewing on the FBI website. The video had been taken from Whiskey’s Steak House, and was used to create still-frame photos of Tamerlan Tsarnaev (the big brother, now deceased), and Dzhokhar Tsarnaev (the little brother, later accused) as they walked up Boylson Street toward the finish line of the Boston marathon, shortly before the bombs went off. These two still frames were featured on posters distributed by the FBI in soliciting cooperation from the general public. But there is a third still-frame photo, taken from the same video, which shows unmistakably that Dzhokhar was carrying a small, light-weight, white backpack. The backpack carried by Dzhokhar was flat, and did not sag or bulge as would have been apparent if it contained a pressure cooker bomb filled with shrapnel as described in the indictment. This third still-frame photo was published by the major news media of the United States. I retrieved my first copy of this third still-frame photo from an internet report of CNN on April 19, 2015.

The bottom line is that the FBI’s own evidence eliminates Dzhokhar as a suspect, and conclusively proves he is not guilty as charged. This reality is literally as clear as the difference between black and white. The establishment press knew about it, and I cannot imagine how the federal prosecutors and counsel for the accused could not have known about it. So obvious was the actual innocence of Dzhokhar Tsarnaev that there was no need for a trial at all, because a good criminal defense lawyer could have taken the FBI information published the day after the explosions, the text of the indictment, and the third still-frame photo from the street surveillance video used by the FBI to identify suspects, and employed those items to support a pre-trial motion for dismissal of the indictment. I have on many occasions made such motions or seen such motions made by colleagues in federal courts, based on facts revealed by disclosures which prosecutors must and routinely do make available to counsel for the accused under a famous decision of the United States Supreme Court. And I have seen such motions granted on not a few occasions. Such practice is not uncommon, as I know from my own experience.

What was going on in Dzhokhar’s case? Why was there no motion to dismiss the indictment based on indisputable facts? Why was there a trial at all? Why did Judy Clarke, a big-time death-penalty lawyer appointed to defend Dzhokhar, admit to the jury in her opening statement that her client was guilty? She had decisive evidence that her client was not guilty. Why did she not use it, bring the case to an end, and thereby save her client’s life? In her final summation to the jury, Mme Clarke did not even ask for a verdict of not guilty. She made no mention of the exculpatory evidence generated by the FBI and mentioned in the indictment. Available were widely published photographs of possible paramilitary agents near the crime scene in Boston about the time of the explosions, carrying large, heavy-laden, black backpacks with characteristic markings which the FBI crime lab material revealed. But these persons with black backpacks were never investigated by the FBI. Why not?

I contacted Maret Tsarnaeva, the paternal aunt of Dzhokhar living in Chechnya which is part of the Russian Federation, a lawyer trained in the old Russian school of law in the Kyrgyz Republic which was once part of the Russian Empire and the Soviet Union, but has been independent since the conclusion of the former Cold War. A very bright and interesting woman Maret turned out to be, and, from the beginning, she maintained that her nephew was not guilty. My conversations with her over Skype led me to conclude that Judy Clarke and her colleagues in the federal public defender’s office in Boston could not stand up to the political pressure and thus threw the case instead of defending Dzhokhar.

Mme Tsarnaeva executed an affidavit on April 17, 2015, which explains events when representatives of the federal public defender’s office in Boston met with Dzhokhar’s family in Russia. For those interested in details, I attach a copy of her affidavit exactly as sent to me by Maret from Russia and later filed with the federal district court in Boston, except that the affidavit filed in the federal district court includes Maret’s original signature in Russian script which I can verify with my business records.

Maret hoped to call exculpatory evidence to the attention of the presiding judge, because Dzhokhar’s lawyers were not defending the accused and federal prosecutors were acting without probable cause. After diligent research on options was made, Maret decided to attempt an appearance before the federal district court in Boston as a friend of the court. She had to apply to the presiding judge for permission to appear in this capacity, and to make a motion asking the court to appointment me as her personal counsel for this purpose on special occasion. Normally, to be admitted to practice before the court on special occasion, I would need a motion from a member of the local bar. My paralegal assistant and I contacted many lawyers in Massachusetts. Some were sympathetic, but none dared to participate, lest their reputations be harmed. I had practiced before the federal district court in Boston some years previously, and then had no difficulty in securing the routine courtesy of a member of the local bar in sponsoring my appearance on special occasion. But not even the American Civil Liberties Union in Massachusetts dared to assist Maret or myself. I had to assist Maret in making an intervention pro se, representing herself, while she listed me as “of counsel” so as to signal that she was guided by a lawyer, and asked the presiding judge to admit me on special occasion without sponsoring motion of a member of the local bar, due to unusual circumstances. On instructions of court personnel, we could not proceed on the electronic record, and Maret’s pro se motion with supporting documents was served upon the federal district attorney and the federal public defender in paper and by registered mail, and the papers had to be filed with the office of the clerk of the federal district court, again in paper and regular postal service. But our task was accomplished by May 29, 2015.

For your convenience, I attach herewith the formal argument made by Maret Tsarnaeva acting pro se with my guidance, exactly as filed in the federal district court in Boston, except that the copy served and filed included the signature of Maret Tsarnaeva in Russian script, as I can demonstrate from my business records. We showed by text and exhibits, and by reference to the trial record and FBI-generated evidence that Dzhokhar cannot be guilty, because the FBI determined and the indictment alleged that the culprits carried black backpacks, but the FBI’s evidence showed that Dzhokhar was carrying a white backpack.

Maret expressed her grievances against the unethical misconduct of the federal prosecutors in proceeding when they knew they had no probable cause, and the unethical misconduct of court-appointed counsel in not defending in earnest. We enclosed the four most critical photo exhibits, including the results of the FBI crime lab investigation and the exculpatory third still-frame photo from the video used by the FBI to identify the culprits.

I am aware that many incredulous citizens cannot accept that the government of the United States would stage a show trial in Boston to convict an innocent young man and sentence him to death. But such events are not unusual in history. Judicial murder spoils the history of many nations. These incredulous citizens point to Dzhokhar’s alleged confession statements inside the boat in Watertown and at the time of sentencing. But contrary to the beliefs of the uninitiated, it has been clear from ancient times that confession statements are the weakest and most suspicious of all testimony, as is stated by legal scholars going back many centuries. Maret’s pro se argument cited Sir William Blackstone, from whom the founding fathers of the United States learned the law, for this truth. False confessions are very common, and result from fabrication, artifice, duress, unfounded hopes, attempts to curry favor, even brainwashing. Hence, going back centuries the law has struggled to develop safeguards against false confessions.

The intervention by Maret Tsarnaeva in behalf of her nephew in the Boston marathon case is significant because, although denying her motion to appear as a friend of the court, the presiding judge entered an order, which appears on the electronic record, is numbered 1469, and directs that her filings be maintained by the office of the clerk of the federal district court in Boston. These documents should be accessible to those wishing to see and read them. Therefore, it is a matter of public record, not merely a matter of internet protest or gossip, that the federal prosecutors, the court-appointed lawyers for the accused, and the presiding judge are all aware of the FBI’s own evidence which excludes Dzhokhar Tsarnaev as a suspect, and proves his actual innocence. It is also clear that the major news media of the United States, which orchestrated a false appearance that Dzhokhar was guilty of heinous crimes, and called for his execution, were aware that he was not guilty. They knew, as the report of CNN four days after marathon Monday makes plain, that Dzhokhar was in fact carrying a small, light-weight, white backpack, and that the government’s own evidence shows that the culprits, whoever they were, carried large, heavy-laden, black backpacks.

John Remington Graham of the Minnesota Bar (#3664X) 

Dr. Paul Craig Roberts was Assistant Secretary of the Treasury for Economic Policy and associate editor of the Wall Street Journal. He was columnist for Business Week, Scripps Howard News Service, and Creators Syndicate. He has had many university appointments. His internet columns have attracted a worldwide following. Roberts' latest books are The Failure of Laissez Faire Capitalism and Economic Dissolution of the West and How America Was Lost.

Gorilla Radio with Chris Cook, Brandon Martinez, John Newman, Janine Bandcroft Aug. 19, 2015

This Week on GR

by C. L. Cook - Gorilla-Radio.com


If you're just back from the cottage, or travelling abroad, or just enjoying a summer's break from the media news cycle grind, let me be the first to wish you a "Happy election year!" For the rest of you, it may seem the Summer poll has already lasted a year, or more; but before you tune us out...today's show is meant as an anodyne to electioneering banalities and fear-mongering.

Be aware! Stephen Harper plans to scare you witless, because he knows it's the only way you'll vote for he and his agents of the Apocalypse; and the hairiest, scariest Bogie Man in Steve's bag of tricks is ISIS.

Our idea today is to provide you with some karmic Kung Fu to fight campaign jingoism; a little mental Jiu Jitsu for self-defense, a heightened sense of security, and to ease your worried mind.

Listen. Hear.

Brandon Martinez is an independent journalist, broadcaster, and author of the books, 'Hidden History' and 'Grand Deceptions.' His articles on Canada's foreign policy and international affairs have been featured online at PressTV, Global Research, What Really Happened, and Information Clearing House among others. He's also, with Joshua Blakeney, co-founder of the news site, Non-Aligned Media.com, from where he files video reports on war, terrorism, government propaganda, and media deception. His recent report, 'The Buried Canadian State Connection to ISIS' retrieves from the memory hole a tale more troubling than Mr. Harper's Mike Duffy imbroglio.

Brandon Martinez in the first half.

And; it was a bad weekend for Amazon.com founder, Jeff Bezos. The E-commerce billionaire's way of doing business was featured by the New York Times' Jodi Kantor and David Streitfeld in a piece painting a grim portrait of life for Bezos' white collar "Amazonians." The paper says Amazon is engaged in, "[A] little-known experiment in how far it can push white-collar workers," and claim the company is, in the process, "[R]edrawing the boundaries of what is acceptable."

The "blistering account" was no surprise to my second guest, whose own research into Amazon's HR practices affirms the Times' worst revelations, and more.

John Newman is a legal scholar, lawyer, educator, and writer who cut his judicial teeth investigating corporate malfeasance at the US Department of Justice's Antitrust Division in Washington. He's currently a faculty member at the University of Memphis' Humphreys School of Law. John's articles on the law and economics of technology markets are featured by the Pennsylvania Law Review, and the Vanderbilt University of Law and Maryland Law Reviews, among others. His latest piece, 'The Grim Externalities of Amazon.com' appears at the web news site, CounterPunch.org.

John Newman and the long littleness of life in Amazon's workplace jungle in the second half.

And, Victoria Street Newz publisher emeritus and CFUV Radio broadcaster, Janine Bandcroft will join us at the bottom of the hour to bring us news of the coming week on our streets, and beyond there too. but first, Brandon Martinez and daylighting 'The Buried Canadian State Connection to ISIS' and the real nature of the relationship between Harper's New Canadian Government and the Islamic State?
Chris Cook hosts Gorilla Radio, airing live every Monday, 5-6pm Pacific Time. In Victoria at 101.9FM, and on the internet at: http://cfuv.uvic.ca.  He also serves as a contributing editor to the web news site, http://www.pacificfreepress.com. Check out the GR blog at: http://gorillaradioblog.blogspot.ca/
G-Radio is dedicated to social justice, the environment, community, and providing a forum for people and issues not covered in the corporate media.

Monday, August 17, 2015

Grim Reaper: Amazon's Externalized Social Costs

The Grim Externalities of Amazon.com

by John Newman - CounterPunch

In the midst of national debates over raising the minimum wage, the New York Times recently published a blistering account of the working conditions at Amazon, the most valuable retail company in the world.

The mainstream arguments over the minimum wage essentially boil down to two directly opposing ideas. On one hand, conservatives contend that labor markets are already basically efficient, so raising the minimum wage will destroy jobs by artificially setting wages higher than employers will be willing to pay. On the other hand, liberals argue that many employers wield enough power over employees to act like monopolists, so raising the minimum wage will beneficially transfer wealth from big corporations to low-income individuals.

Enter Amazon, whose labor practices suggest a disturbing third alternative. In 2011, a local Pennsylvania newspaper reported that temporary employees in an Amazon warehouse had been passing out under the strain of mandatory overtime hours spent in temperatures sometimes exceeding 100 degrees.

Now comes the Times story, detailing conditions that even Wall Street veterans characterized as “extreme”: sleepless nights, mandatory termination quotas, and discrimination against cancer victims, new parents, and even one woman with a recently stillborn child.

The third alternative to the prevailing minimum-wage arguments is that employers not only wield power over workers, but that they often possess even more power than they currently exercise. Berkeley professor Melvin Eisenberg points out that most corporations are restrained to some degree by social and moral norms. This observance of common decency would create an opportunity for a hardcore libertarian unconcerned with such niceties, one who would view such behavior as an exploitable opportunity. Amazon founder Jeff Bezos (who reportedly wanted to name his start-up “relentless.com”, a URL that still redirects to www.amazon.com) fits the bill.

Traditional social and moral norms would not permit a manager to allow, let alone encourage, a woman who miscarried twins to leave home for a business trip the day after her surgery. But Amazon is not most companies. Traditional social and moral norms would not permit a boss to call an employee “a problem” because she had cut back on working nights and weekends to care for her cancer-stricken father. Clearly, Amazon is not inclined to observe traditional social and moral norms.

Of course, working in Amazon’s offices does not come without any benefits. Salaries are competitive, and some employees point to the exhilaration that comes with being at the center of supply-chain innovation, a “futuristic and magical” feeling. Others celebrate a culture of opportunity, where even junior employees can see their ideas come to fruition.

That said, the real victims of Amazon’s disregard for common social norms may not be the employees themselves, who at least stand a chance of enjoying those benefits. Where the costs or harms stemming from a transaction are imposed on third parties, economists agree that a “market failure” occurs.

Many of the costs created when a company chooses to fully exercise its power over employees are borne by third parties. Destroying work-life balance harms more than just the one doing the work. It harms those who share the life. The fiancée who drove daily to an Amazon campus at 10 p.m. and begged his partner to come home. The family of the woman whose child was stillborn.

By imposing these costs on third parties, Amazon creates (and profits from) a market failure, in much the same way as a factory dumping toxic chemicals into a nearby river. Yet there is today precious little preventing other companies from following in Bezos’ path.

In Amazon’s conduct, one can witness the full extent of the power some employers have at their disposal, and what it looks like when that power is used. Laws like the minimum wage protect not only employees themselves, but also their families, friends, and local communities.

John Newman is assistant professor of law at the University of Memphis’s Humphreys School of Law.

The Refugee Machine: War and Displacement

War Begets War Refugees: The Moral Bankruptcy of Italy and NATO

by Ramzy Baroud

On April 26, 2011, a meeting that can only be described as sinister took place between the then Italian Prime Minister, Silvio Berlusconi, and French President, Nicolas Sarkozy. The most pressing issue discussed at the meeting in Rome was how to deal with African immigrants.

Sarkozy, who was under pressure from his right-wing and far-right constituencies to halt immigration originating from North Africa (resulting from the Tunisian uprising), desired to strike a deal with the opportunistic Italian leader. In exchange for an Italian agreement to join a French initiative aimed at tightening border control (Italy being accused of allowing immigrants to cross through its borders to the rest of Europe), France, in turn, would resolve major disputes involving a series of takeovers, involving French and Italian companies. Moreover, Italy would then secure French support for a bid by Italian Economist and Banker, Mario Draghi, to become the Head of the European Central Bank.

Another point on the French agenda was active Italian participation in the war on Libya, initially spearheaded by France, Britain and the United States, and later championed by NATO.

Initially, Berlusconi hesitated to take part in the war, although certainly not for any moral reasons: for example, because the war was deliberately based on a misconstrued interpretation of United Nations Security Council Resolution 1973 of March 17, 2011. The Resolution called for an 'immediate ceasefire', the establishment of a 'no-fly zone' and using all means, except foreign occupation, to ‘protect civilians’. The war, however, achieved entirely different objectives from the ones stated in the Resolution. It achieved a regime change, the bloody capture and murder of Libyan leader, Muammar al-Qaddafi, and resulted in a bloodbath in which thousands of civilians were killed, and continue to die, due to the chaos and civil war that has gripped Libya since then.

Berlusconi's change of heart had little to do with common sense and much to do with oil and gas. He was walking a tight rope. On one hand, about a quarter of Italy’s oil was imported from Libya, in addition to nearly 10 percent of the country's natural gas. Destabilizing Libya could interrupt the flow of Libyan energy supplies, at a time when Italy was desperately attempting to recover from its deep economic recession.

On the other hand, having France (which seemed to be in the mood for intervention because, following the Libya war, France marched on to Mali) hold all the cards in Libya could be devastating for Italy. “The Franco-Italian spat over immigration follows sharp differences over Libya, where Rome has been dragged into a war it would rather avoid, fearing a Paris-Benghazi nexus will freeze out its substantial interests in Libyan oil and gas,” the Financial Times reported at the time.

The successful meeting between the two leaders paved the way for Italian intervention, which took part in earnest in the war on Libya on April 28. Meanwhile, France kept its part of the bargain, and on November 1 of that same year, Mario Draghi succeeded Jean-Claude Trichet as the President of the European Central Bank.

Both countries benefited, albeit Libya was destroyed.

It is difficult to imagine that Berlusconi, a repulsive and corrupt politician even by the low standards of Italian politics, operated on the basis of any moral standards, aside from personal gains and self-interest. Indeed, neither his 'friendship' with Libyan long-time ruler, Qaddafi, nor the many perks and massive profits he received from Libya were enough to honor his commitment not to participate in a war that was clearly not aimed at saving lives, but maintaining access to Libya's energy supplies.

Equally interesting is the fact that UNSC Resolution 1973 was promoted by its supporters as one aimed at protecting civilians from an imminent massacre about to be carried by the Libyan Army in Benghazi. Regardless of what Qaddafi's intentions were, the NATO war resulted in untold suffering among Libyan civilians on three different fronts:

First, thousands of Libyans were killed and wounded as a direct result of NATO's intervention; second, the war turned Libya into warring fiefdoms, armed and supported by regional and international powers. The hundreds of militias that exist in Libya today have deprived Libyans of any sense of security, and exposed the civilian population to a war reality that, seemingly, has no end in sight. Third, thousands of Libyans, or Africans who once called Libya home, found themselves fleeing the war using every means of transport possible. Tens of thousands of them sought refuge in Europe, while thousands died trying.

Few in the Italian Government would care to remember their country's role in the war on Libya which, despite early hesitation, was embraced with utmost enthusiasm. The refugees who are lucky enough to make it to Italy's shores are constantly demonized by Italian media and perceived as a burden on the still-struggling Italian economy. What they forget is that, thanks to Libya's reasonably-priced and cheaply transported oil and gas, the Italian economy was kept afloat for years. The poor refugees are not as much of a burden on Italy's economy as Italy was a burden on Libya; in fact, on the whole of Africa.

Libya was colonized by Italy from 1911 to 1943, and was driven out along with its German Nazi partners by local resistance and eventually by the Allies in World War II. It was not until 1998 that Italy apologized for the sins of colonizing the country, which came at a terribly high price of death and destruction. Yet, eleven years later, the supposedly remorseful Italy was bombing Libya once more to ensure the flow of cheap oil and to keep African immigrants and refugees at bay.

Neither was the bloody 2011 war an exception. Four years after that war, Italy once more began calling for another war on Libya for, clearly, the desired objectives of the first war have not been met: immigrants and refugees, despite high risks and a mounting death toll, continued to pour into Italy and the flow of oil and gas has been disrupted by a civil war among Libya’s NATO allies.

But there is another factor, according to Marianne Arens:

“The sabre-rattling over Libya also serves to divert attention from the growing domestic social and political tensions” in Italy itself.

The relationship between war and the rising challenge of refugees, immigrants and asylum seekers cannot be overstated. It is both ironic and sad that the many thousands of war refugees are seeking shelter in the same European and NATO countries that either directly (as in Libya, Iraq, Afghanistan) or indirectly (as in Syria) contributed to the destruction and destabilization of their countries.

Even Greece, which is displaying little patience or regard for humanitarian laws in its treatment of the many thousands of refugees coming from Syria, Iraq and Afghanistan, via Turkey, took part, although in a minor role, in the war in Libya (2011) and provided assistance to the US-led war on Iraq (2003).

While one strongly sympathizes with Greece as it stands on the verge of bankruptcy and having just reached a deal with the EU that could keep the impoverished country solvent for the coming months, one cannot fathom the mistreatment of innocent Syrians and Iraqis as they brave the sea to escape the hellish wars back home. The Greeks, who suffered terrible wars in the past, should know this more than anyone else. The scenes from the islands of Lesbos and Kos are heartbreaking, to say the least.

However, the countries that should be confronted most about their moral responsibility towards war refugees are those who ignited these wars in the first place. While Libya continues to descend into chaos, and Syria and Iraq subsist in a state of bedlam, both France and Britain discuss the problem of refugees attempting to cross into both countries as if the refugees are swarms of locusts, not innocent people who were victimized mostly by US-European wars. Meanwhile, the US, geographically removed from the refugee crisis, seems unconcerned by the chaotic scenes of desperate refugees, capsizing boats, and pleading families.

Those who wage war should, at least, shoulder part of the moral responsibility of addressing the horrible consequences that armed conflict inflicts upon innocent people. The Italian example shows how economic interests trump morality, and not a single NATO country, Turkey included, is innocent.

Now that the refugee crisis is worsening, it behooves NATO to deal with the problem, at least with a degree of humanity and - dare one say - with the same enthusiasm that led it to several devastating wars in recent years.

Dr. Ramzy Baroud has been writing about the Middle East for over 20 years. He is an internationally-syndicated columnist, a media consultant, an author of several books and the founder of PalestineChronicle.com. His latest book is My Father Was a Freedom Fighter: Gaza’s Untold Story (Pluto Press, London). His website is: www.ramzybaroud.net.

Time for Israel to Deal with Homegrown Terrorists

Jewish Terrorists and Administrative Detention

by Uri Avnery - CounterPunch

Some of my best friends demand that I write an article condemning unconditionally the “administrative detention” of Jewish terrorists.

Three suspected terrorists have already been arrested under this procedure.

They are members of a group following the teachings of Rabbi Meir Kahane (the leader is actually his grandson). Kahane was an American Rabbi who came to this country and founded a group branded by the Supreme Court as racist and anti-democratic. It was outlawed. He was later assassinated by an Arab in the US. An underground group of his followers is now active in Israel.

This is one of the groups which belong to a clandestine movement, generally called “Price Tag” or “Hilltop Youth”, that has conducted various acts of terrorism, setting fire to Christian churches and Muslim mosques, attacking Arab farmers and destroying their olive trees.

None of the perpetrators has ever been apprehended, either by the army, which acts as a police force in the occupied territories, nor by the police in Israel proper. Many army officers are themselves residents of settlements in the occupied West Bank, which are illegal under international law.

The Israeli public has paid little attention to these outrages, but lately things have happened that shocked even complacent Israelis. One was the firebombing of an Arab dwelling in the small village of Douma in the West Bank. Under cover of darkness, a fire bomb was thrown into the home of a poor Arab family. An 18 month-old baby was burned to death, his father, mother and brother were seriously injured. The father later died in hospital.

Such acts of firebombing are quite usual, though until now the Arab families succeeded in saving themselves.

Another outrage was committed in Jerusalem – against Jews. An ultra-orthodox Jew attacked the annual gay pride march in the center of the city. He succeeded in stabbing several marchers, one of whom – a 16 year-old girl – later died of her wounds. The perpetrator had done exactly the same 10 years ago. He served a long prison term, was released a few weeks ago and did it again. He is an ultra-orthodox Jew, but seemingly has no connection with the Kahanist gang.

This was too much. For years, no one was ever indicted for acts of Jewish terrorism. Many believe that the acts were committed in collusion with the occupation army and the Shin Bet, the interior security service. Now, however, there is a public outcry, and the authorities have come to the conclusion that they must do something.

Hence, the administrative detention orders.

Administrative arrests are a legacy of the British colonial regime that ruled Palestine until May 1948. The Israeli state took it over, changing only some minor aspects.

This form of arrest allows a military commander to put a person in prison without trial. The warrant is in force for six months, but can be renewed without limit. Every few months the prisoner must be brought before a regular judge, but judges interfere only on rare occasions. Mentally, Israeli judges stand at attention when a military officer testifies.

The prisoners have no right to see the evidence against them and confront their accusers, nor are they allowed to be represented by attorney. The official reason is that they cannot be put on trial without “burning” informants and other sources of valuable information that are vital to effectively combat terrorism and save lives.

This instrument is used all the time against Arab suspects. At this moment, many hundreds of Arab administrative prisoners fill the prisons, some of them have been in custody for many years. Since the beginning of the occupation in 1967, hundreds of thousands of Arabs have been incarcerated under this act. For young Palestinians, this is almost a badge of honor.

Hardly any Jew has ever been held in administrative detention. For many years now, this means has not been used against Jews at all. The three Kahanists who were sent to prison this week are the first for a very long time.

Military and civilian officials explain this kind of detention as an essential and irreplaceable means to combat Jewish terrorism. All the Kahanists and other fascist perpetrators are trained to be silent under interrogation. Since they are sure that they will not be tortured, they have no reason to talk. They laugh in the faces of their interrogators.

Arab prisoners, of course, enjoy no such privilege. They know that if they don’t talk, they may be tortured. Under Israeli law, torture is forbidden, but the court allows something called “moderate physical pressure”, which achieves quick results.

Yet even so, many Arabs languish under unlimited administrative detention, because there is not enough legally admissible evidence to indict them in court, without endangering “sources”.

At present, the three Jews held in administrative detention are held in three different prisons, with more to join them soon, the Shin Bet promises.

Many years ago, when I was the editor-in-chief of the Haolam Hazeh news magazine, we published for a time an Arab-language edition. One day, one of my Arab employees – let’s call him Ahmed – was put in administrative detention.

When I started to raise hell, I got a surprise call from the Shin Bet. The relations between this organization and me were strained from the first day of the state. This may be an understatement, since their chief once officially defined me as the “No. 1 enemy of the regime”.

To my utmost surprise, a high-ranking Shin Bet officer invited me for a talk. “I am going to trust you with top secret information,” he said, “because I want you to understand our problems.”

He then told me that his people had caught a messenger who was sent to Israel by one of the major terrorist organizations to contact local collaborators. One of these was our Ahmed.

“What do you want us to do? We cannot put him on trial, because we have no proof that he is member of the organization. But leaving him free could result in deadly terrorist acts. Administrative detention is the only safe option.”

I did not believe that Ahmed was a terrorist. I was still thinking what to do, when I was saved from the dilemma. The Shin Bet agreed to release Ahmed, on condition the he leave the country. He went to the US and obtained a Green Card (perhaps with the help of Shin Bet). At one of my lectures there I saw him sitting in the front row. We embraced.

I am telling this story for the first time in order to illustrate the dilemma. Letting these Jewish fascists roam freely could cost more Arab and Jewish lives, and perhaps a catastrophe, for example if they set fire to the holy Muslim shrines. There seems to be no solid evidence against them. If there are Shin Bet informers in this group, their testimony at a trial would “burn” them.

The Shin Bet and the police are accused by many of us of utter incompetence when confronted with Jewish terrorists, while being extremely efficient when confronted with Arab ones. Worse, we suspect the Shin Bet of being infiltrated by the settlers and of collaborating with them. Depriving the Shin Bet of the means of administrative detention may weaken them even more, or at least provide them with a pretext for total failure.

In my late childhood I witnessed the breakdown of the democratic “Weimar Republic” in Germany. The Nazi hoodlums were roaming the streets, beating up people who looked Jewish, exchanging fire with Communists. The government was ineffective. Police and army were infiltrated by Adolf Hitler’s party. Judges punished the communists severely, but often let the Nazi “patriots” off the hook.

Years later, when Germany lay in ashes, the Weimar Republic (so called, because its constitution was written in Weimar) was accused of cowardice, because it did not dare to use the instruments it had at its disposal – including non-democratic emergency powers – to fight the Nazis in time. Does the Israeli Republic want to risk the same fate?

It is a real dilemma. It demands real answers. Not the easy answers derived from the liberal handbook. Responsible answers. Answers which are relevant to the real world.

I believe that the Kahanists and the other fascist groups in today’s Israel are far more dangerous than most people believe. This is not a handful of wild weeds as we are led to believe. This is a national cancer that can spread quickly in our national body.

I have seen it before.

It is a difficult dilemma. For me, in any case.

Do we approve of administrative detention, detention without trial and democratic safeguards, perhaps saving thereby the lives of Arabs and Jews, perhaps preventing worse disasters?

Or do we uphold strict democratic principles, release all people held in administrative detention, Arabs and Jews alike, knowing that some of them will go on a killing spree?

After much soul-searching, I vote for the second option. Both for moral and pragmatic reasons.

Morally, I do not believe that one can fight the plague with cholera. Administrative detention is a fascist instrument, even when applied to fascists.

Practically, because it will not help. The detainees will be replaced by others, perhaps even worse ones.

There is also the danger that the arrest of a few will serve as an excuse for doing nothing against the many.

To fight this plague, we need better doctors. The Shin Bet, police and army must be cleansed of fascist sympathizers, officers loyal to the Israeli Republic must take their place. Jews and Arabs must receive the same treatment.

As the Bible commanded: “Let your camp be clean!”


Uri Avnery is an Israeli writer and peace activist with Gush Shalom. He is a contributor to CounterPunch’s book The Politics of Anti-Semitism.

"Fool Me Once, Shame on You; Fool Me Twice...Won't Get Fooled Again"

Neocons to Americans: Trust Us Again

by Robert Parry - Consortium News


August 16, 2015

America’s neocons insist that their only mistake was falling for some false intelligence about Iraq’s WMD and that they shouldn’t be stripped of their powerful positions of influence for just one little boo-boo. That’s the point of view taken by Washington Post editorial page editor Fred Hiatt as he whines about the unfairness of applying “a single-interest litmus test,” i.e., the Iraq War debacle, to judge him and his fellow war boosters.

President George W. Bush pauses for applause
during his State of the Union Address
on Jan. 28, 2003, when he made a
fraudulent case for invading Iraq.
Seated behind him are Vice President
Dick Cheney and House Speaker
Dennis Hastert. (White House photo)

After noting that many other important people were on the same pro-war bandwagon with him, Hiatt criticizes President Barack Obama for citing the Iraq War as an argument not to listen to many of the same neocons who now are trying to sabotage the Iran nuclear agreement. Hiatt thinks it’s the height of unfairness for Obama or anyone else to suggest that people who want to kill the Iran deal — and thus keep alive the option to bomb-bomb-bomb Iran — “are lusting for another war.”

Hiatt also faults Obama for not issuing a serious war threat to Iran, a missing ultimatum that explains why the nuclear agreement falls “so far short.” Hiatt adds: “war is not always avoidable, and the judicious use of force early in a crisis, or even the threat of force, can sometimes forestall worse bloodshed later.”

But it should be noted that the neocons – and Hiatt in particular – did not simply make one mistake when they joined President George W. Bush’s rush to war in 2002-03. They continued with their warmongering in Iraq for years, often bashing the handful of brave souls in Official Washington who dared challenge the neocons’ pro-war enthusiasm. Hiatt and his fellow “opinion leaders” were, in effect, the enforcers of the Iraq War “group think” – and they have never sought to make amends for that bullying.

The Destruction of Joe Wilson


Take, for instance, the case of CIA officer Valerie Plame and her husband, former U.S. Ambassador Joseph Wilson. Hiatt’s editorial section waged a long vendetta against Wilson for challenging one particularly egregious lie, Bush’s nationally televised claim about Iraq seeking “yellowcake” uranium from Niger, a suggestion that Iraq was working on a secret nuclear bomb. The Post’s get-Wilson campaign included publishing a column that identified Plame as a CIA officer, thus destroying her undercover career.

At that point, you might have thought that Hiatt would have stepped forward and tried to ameliorate the harm that he and his editorial page had inflicted on this patriotic American family, whose offense was to point out a false claim that Bush had used to sell the Iraq War to the American people. But instead Hiatt simply piled on the abuse, essentially driving Wilson and Plame out of government circles and indeed out of Washington.

In effect, Hiatt applied “a single-issue litmus test” to disqualify the Wilson family from the ranks of those Americans who should be listened to. Joe Wilson had failed the test by being right about the Iraq War, so he obviously needed to be drummed out of public life.

The fact that Hiatt remains the Post’s editorial-page editor and that Wilson ended up decamping his family to New Mexico speaks volumes about the upside-down world that Official Washington has become. Be conspicuously, obstinately and nastily wrong about possibly the biggest foreign-policy blunder in U.S. history and you should be cut some slack, but dare be right and off with your head.

And the Iraq War wasn’t just a minor error. In the dozen years since Bush launched his war of aggression in Iraq, the bloody folly has destabilized the entire Middle East, resulted in hundreds of thousands of deaths (including nearly 4,500 U.S. soldiers), wasted well over $1 trillion, spread the grotesque violence of Sunni terrorism across the region, and sent a flood of refugees into Europe threatening the Continent’s unity.

Yet, what is perhaps most remarkable is that almost no one who aided and abetted the catastrophic and illegal decision has been held accountable in any meaningful way. That applies to Bush and his senior advisers who haven’t spent a single day inside a jail cell; it applies to Official Washington’s well-funded think tanks where neoconservatives still dominate; and it applies to the national news media where almost no one who disseminated pro-war propaganda was fired (with the possible exception of Judith Miller who was dumped by The New York Times but landed on her feet as a Fox News “on-air personality” and an op-ed contributor to The Wall Street Journal).

The Plame-Gate Affair


While the overall performance of the Post’s editorial page during the Iraq War was one of the most shameful examples of journalistic malfeasance in modern U.S. history, arguably the ugliest part was the Post’s years-long assault on Wilson and Plame. The so-called “Plame-gate Affair” began in early 2002 when the CIA recruited ex-Ambassador Wilson to investigate what turned out to be a forged document indicating a possible Iraqi yellowcake purchase in Niger. The document had aroused Vice President Dick Cheney’s interest.

Having served in Africa, Wilson accepted the CIA’s assignment and returned with a conclusion that Iraq had almost surely not obtained any uranium from Niger, an assessment shared by other U.S. officials who checked out the story. However, the bogus allegation was not so easily quashed.

Wilson was stunned when Bush included the Niger allegations in his State of the Union Address in January 2003. Initially, Wilson began alerting a few journalists about the discredited claim while trying to keep his name out of the newspapers. However, in July 2003 – after the U.S. invasion in March 2003 had failed to turn up any WMD stockpiles – Wilson penned an op-ed article for The New York Times describing what he didn’t find in Africa and saying the White House had “twisted” pre-war intelligence.

Though Wilson’s article focused on his own investigation, it represented the first time a Washington insider had gone public with evidence regarding the Bush administration’s fraudulent case for war. Thus, Wilson became a major target for retribution from the White House and particularly Cheney’s office.

As part of the campaign to destroy Wilson’s credibility, senior Bush administration officials leaked to journalists that Wilson’s wife worked in the CIA office that had dispatched him to Niger, a suggestion that the trip might have been some kind of junket. When right-wing columnist Robert Novak published Plame’s covert identity in The Washington Post’s op-ed section, Plame’s CIA career was destroyed.

Accusations of Lying


However, instead of showing any remorse for the harm his editorial section had done, Hiatt simply enlisted in the Bush administration’s war against Wilson, promoting every anti-Wilson talking point that the White House could dream up. The Post’s assault on Wilson went on for years.

For instance, in a Sept. 1, 2006, editorial, Hiatt accused Wilson of lying when he had claimed the White House had leaked his wife’s name. The context of Hiatt’s broadside was the disclosure that Deputy Secretary of State Richard Armitage was the first administration official to tell Novak that Plame was a CIA officer and had played a small role in Wilson’s Niger trip.

Because Armitage was considered a reluctant supporter of the Iraq War, the Post editorial jumped to the conclusion that “it follows that one of the most sensational charges leveled against the Bush White House – that it orchestrated the leak of Ms. Plame’s identity – is untrue.”

But Hiatt’s logic was faulty for several reasons. First, Armitage may have been cozier with some senior officials in Bush’s White House than was generally understood. And, just because Armitage may have been the first to share the classified information with Novak didn’t mean that there was no parallel White House operation to peddle Plame’s identity to reporters.

In fact, evidence uncovered by special prosecutor Patrick Fitzgerald, who examined the Plame leak, supported a conclusion that White House officials, under the direction of Vice President Cheney and including Cheney aide Lewis Libby and Bush political adviser Karl Rove, approached a number of reporters with this information.

Indeed, Rove appears to have confirmed Plame’s identity for Novak and also leaked the information to Time magazine’s Matthew Cooper. Meanwhile, Libby, who was indicted on perjury and obstruction charges in the case, had pitched the information to The New York Times’ Judith Miller. The Post’s editorial acknowledged that Libby and other White House officials were not “blameless,” since they allegedly released Plame’s identity while “trying to discredit Mr. Wilson.” But the Post reserved its harshest condemnation for Wilson.

“It now appears that the person most responsible for the end of Ms. Plame’s CIA career is Mr. Wilson,” the editorial said. “Mr. Wilson chose to go public with an explosive charge, claiming – falsely, as it turned out – that he had debunked reports of Iraqi uranium-shopping in Niger and that his report had circulated to senior administration officials.

“He ought to have expected that both those officials and journalists such as Mr. Novak would ask why a retired ambassador would have been sent on such a mission and that the answer would point to his wife. He diverted responsibility from himself and his false charges by claiming that President Bush’s closest aides had engaged in an illegal conspiracy. It’s unfortunate that so many people took him seriously.”

A Smear or a Lie


The Post’s editorial, however, was at best an argumentative smear and most likely a willful lie. By then, the evidence was clear that Wilson, along with other government investigators, had debunked the reports of Iraq acquiring yellowcake in Niger and that those findings did circulate to senior levels, explaining why CIA Director George Tenet struck the yellowcake claims from other Bush speeches.

The Post’s accusation about Wilson “falsely” claiming to have debunked the yellowcake reports apparently was based on Wilson’s inclusion in his report of speculation from one Niger official who suspected that Iraq might have been interested in buying yellowcake, although the Iraqi officials never mentioned yellowcake and made no effort to buy any. This irrelevant point had become a centerpiece of Republican attacks on Wilson and was recycled by the Post.

Plus, contrary to the Post’s assertion that Wilson “ought to have expected” that the White House and Novak would zero in on Wilson’s wife, a reasonable expectation in a normal world would have been just the opposite. Even amid the ugly partisanship of modern Washington, it was shocking to many longtime observers of government that any administration official or an experienced journalist would disclose the name of a covert CIA officer for such a flimsy reason as trying to discredit her husband.

Hiatt also bought into the Republican argument that Plame really wasn’t “covert” at all – and thus there was nothing wrong in exposing her counter-proliferation work for the CIA. The Post was among the U.S. media outlets that gave a podium for right-wing lawyer Victoria Toensing to make this bogus argument in defense of Cheney’s chief of staff Lewis Libby.

On Feb. 18, 2007, as jurors were about to begin deliberations in Libby’s obstruction case, the Post ran a prominent Outlook article by Toensing, who had been buzzing around the TV pundit shows decrying Libby’s prosecution. In the Post article, she wrote that “Plame was not covert. She worked at CIA headquarters and had not been stationed abroad within five years of the date of Novak’s column.”

A Tendentious Argument


Though it might not have been clear to a reader, Toensing was hanging her claim about Plame not being “covert” on a contention that Plame didn’t meet the coverage standards of the Intelligence Identities Protection Act. Toensing’s claim was legalistic at best since it obscured the larger point that Plame was working undercover in a classified CIA position and was running agents abroad whose safety would be put at risk by an unauthorized disclosure of Plame’s identity.

But Toensing, who promoted herself as an author of the Intelligence Identities Protection Act, wasn’t even right about the legal details. The law doesn’t require that a CIA officer be “stationed” abroad in the preceding five years; it simply refers to an officer who “has served within the last five years outside the United States.”

That would cover someone who – while based in the United States – went abroad on official CIA business, as Plame testified under oath in a congressional hearing that she had done within the five-year period. Toensing, who appeared as a Republican witness at the same congressional hearing on March 16, 2007, was asked about her bald assertion that “Plame was not covert.”

“Not under the law,” Toensing responded. “I’m giving you the legal interpretation under the law and I helped draft the law. The person is supposed to reside outside the United States.” But that’s not what the law says, either. It says “served” abroad, not “reside.”

At the hearing, Toensing was reduced to looking like a quibbling kook who missed the forest of damage – done to U.S. national security, to Plame and possibly to the lives of foreign agents – for the trees of how a definition in a law was phrased, and then getting that wrong, too.

After watching Toensing’s bizarre testimony, one had to wonder why the Post would have granted her space on the widely read Outlook section’s front page to issue what she called “indictments” of Joe Wilson, U.S. Attorney Patrick Fitzgerald and others who had played a role in exposing the White House hand behind the Plame leak.

Despite Toensing’s high-profile smear of Wilson and Fitzgerald, Libby still was convicted of four felony counts. In response to the conviction, the Post reacted with another dose of its false history of the Plame case and a final insult directed at Wilson, declaring that he “will be remembered as a blowhard.”

With Plame’s CIA career destroyed and Wilson’s reputation battered by Hiatt and his Post colleagues, the Wilsons moved away from Washington. Their ordeal was later recounted in the 2010 movie, “Fair Game,” starring Naomi Watts and Sean Penn. Though Libby was sentenced to 30 months in prison, his sentence was commuted by President Bush to eliminate any jail time.

A Pattern of Dishonesty


While perhaps Hiatt’s vendetta against Joe Wilson was the meanest personal attack in the Post’s multi-year pro-war advocacy, it was just part of a larger picture of complicity and intimidation. Post readers often learned about voices of dissent only by reading Post columnists denouncing the dissenters, a scene reminiscent of a totalitarian society where dissidents never get space to express their opinions but are still excoriated in the official media.

For instance, on Sept. 23, 2002, when former Vice President Al Gore gave a speech criticizing Bush’s “preemptive war” doctrine and Bush’s push for the Iraq invasion, Gore’s talk got scant media coverage, but still elicited a round of Gore-bashing on the TV talk shows and on the Post’s op-ed page.

Post columnist Michael Kelly called Gore’s speech “dishonest, cheap, low” before labeling it “wretched. It was vile. It was contemptible.” [Washington Post, Sept. 25, 2002] Post columnist Charles Krauthammer added that the speech was “a series of cheap shots strung together without logic or coherence.” [Washington Post, Sept. 27, 2002]

While the Post’s wrongheadedness on the Iraq War extended into its news pages – with the rare skeptical article either buried or spiked – Hiatt’s editorial section was like a chorus with virtually every columnist singing from the same pro-invasion song book and Hiatt’s editorials serving as lead vocalist. A study by Columbia University journalism professor Todd Gitlin noted, “The [Post] editorials during December [2002] and January [2003] numbered nine, and all were hawkish.” [American Prospect, April 1, 2003]

The Post’s martial harmony reached its crescendo after Secretary of State Colin Powell made his bogus presentation to the United Nations on Feb. 5, 2003, accusing Iraq of hiding vast stockpiles of weapons of mass destruction. The next day, Hiatt’s lead editorial hailed Powell’s evidence as “irrefutable” and chastised any remaining skeptics.

“It is hard to imagine how anyone could doubt that Iraq possesses weapons of mass destruction,” the editorial said. Hiatt’s judgment was echoed across the Post’s op-ed page, with Post columnists from Right to Left singing the same note of misguided consensus.

After the U.S. invasion of Iraq on March 19-20, 2003, and months of fruitless searching for the promised WMD caches, Hiatt finally acknowledged that the Post should have been more circumspect in its confident claims about the WMD.

“If you look at the editorials we write running up [to the war], we state as flat fact that he [Saddam Hussein] has weapons of mass destruction,” Hiatt said in an interview with the Columbia Journalism Review.
“If that’s not true, it would have been better not to say it.” [CJR, March/April 2004]

Concealing the Truth


But Hiatt’s supposed remorse didn’t stop him and the Post editorial page from continuing its single-minded support for the Iraq War. Hiatt was especially hostile when evidence emerged that revealed how thoroughly he and his colleagues had been gulled.

In June 2005, for instance, The Washington Post decided to ignore the leak of the “Downing Street Memo” in the British press. The “memo” – actually minutes of a meeting of British Prime Minister Tony Blair and his national security team on July 23, 2002 – recounted the words of MI6 chief Richard Dearlove who had just returned from discussions with his intelligence counterparts in Washington.

“Bush wanted to remove Saddam, through military action, justified by the conjunction of terrorism and WMD. But the intelligence and facts were being fixed around the policy,” Dearlove said.

Though the Downing Street Memo amounted to a smoking gun regarding how Bush had set his goal first – overthrowing Saddam Hussein – and then searched for a sellable rationalization, the Post’s senior editors deemed the document unworthy to share with their readers.

Only after thousands of Post readers complained did the newspaper deign to give its reasoning. On June 15, 2005, the Post’s lead editorial asserted that “the memos add not a single fact to what was previously known about the administration’s prewar deliberations. Not only that: They add nothing to what was publicly known in July 2002.”

But Hiatt was simply wrong in that assertion. Looking back to 2002 and early 2003, it would be hard to find any commentary in the Post or any other mainstream U.S. news outlet calling Bush’s actions fraudulent, which is what the “Downing Street Memo” and other British evidence revealed Bush’s actions to be.

The British documents also proved that much of the pre-war debate inside the U.S. and British governments was how best to manipulate public opinion by playing games with the intelligence.

Further, official documents of this nature are almost always regarded as front-page news, even if they confirm long-held suspicions. By Hiatt’s and the Post’s reasoning, the Pentagon Papers wouldn’t have been news since some people had previously alleged that U.S. officials had lied about the Vietnam War.

Not a One-Off


In other words, Hiatt’s Iraq War failure wasn’t a one-off affair. It was a long-running campaign to keep the truth from the American people and to silence and even destroy critics of the war. The overall impact of this strategy was to ensure that war was the only option.

And, in that sense, Hiatt’s history as a neocon war propagandist belies his current defense of fellow neocon pundits who are rallying opposition to the Iran nuclear deal. While Hiatt claims that his colleagues shouldn’t be accused of “lusting for another war,” that could well be the consequence if their obstructionism succeeds.

It has long been part of the neocon playbook to pretend that, of course, they don’t want war but then put the United States on a path that leads inevitably to war. Before the Iraq War, for instance, neocons argued that U.S. troops should be deployed to the region to compel Saddam Hussein to let in United Nations weapons inspectors – yet once the soldiers got there and the inspectors inside Iraq were finding no WMD, the neocons argued that the invasion had to proceed because the troops couldn’t just sit there indefinitely while the inspectors raced around futilely searching for the WMD.

Similarly, you could expect that if the neocons succeed in torpedoing the Iran deal, the next move would be to demand that the United States deliver an ultimatum to Iran: capitulate or get bombed. Then, if Iran balked at surrender, the neocons would say that war and “regime change” were the only options to maintain American “credibility.” The neocons are experts at leading the U.S. media, politicians and public by the nose – to precisely the war outcome that the neocons wanted from the beginning. Hiatt is doing his part.

Investigative reporter Robert Parry broke many of the Iran-Contra stories for The Associated Press and Newsweek in the 1980s. You can buy his latest book, America’s Stolen Narrative, either in print here or as an e-book (from Amazon and barnesandnoble.com). You also can order Robert Parry’s trilogy on the Bush Family and its connections to various right-wing operatives for only $34. The trilogy includes America’s Stolen Narrative. For details on this offer, click here.