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Cross-Posted from DeSmogBlog
By Dave Lindorff
Talk about a no-brainer!
Cross-Posted from Frack the Media
A Pre-Conspiracy Theory: What If Our Premature Nobel Laureate President’s Having a ’63-Style Kennedy Moment?
By Dave Lindorff
I’m going to engage here in a thought experiment which may make some readers a little queasy, but bear with me.
It’s been half a century since the wrenching experience of having a charismatic young president cut down by bullets in what most Americans apparently still believe was a dark conspiracy by elements of the US government unhappy with the direction he was taking the country in international affairs.
Cross-Posted from DeSmogBlog
Cross-Posted from DeSmogBlog
The ever-wise Yogi Berra once quipped "It's like déjà vu all over again," a truism applicable to a recent huge decision handed down by the United States District Court for the District of Columbia.
Shifting from Defense to Offense: Americans Want Improved Social Security and Medicare and less Military Spending
By Dave Lindorff
A tectonic shift is occurring in the US body politic. Ignore the media-driven sideshow about the 2014 contest for control of the House or about the screwed-up Obamacare insurance-market website. The real political battle is over Social Security and Medicare, and there the story is a historic turn from fighting against Washington efforts to cut those programs to demanding that both be expanded.
By Dave Lindorff
(This article first appeared in WhoWhatWhy News)
“I regret to inform you…”
By Norman Solomon
Four years ago, countless Democratic leaders and allies pushed for passage of Barack Obama’s complex healthcare act while arguing that his entire presidency was at stake. The party hierarchy whipped the Congressional Progressive Caucus into line, while MoveOn and other loyal groups stayed in step along with many liberal pundits.
Lauding the president’s healthcare plan for its structure of “regulation, mandates, subsidies and competition,” New York Times columnist Paul Krugman wrote in July 2009 that the administration’s fate hung in the balance: “Knock away any of the four main pillars of reform, and the whole thing will collapse -- and probably take the Obama presidency down with it.” Such warnings were habitual until Obamacare became law eight months later.
Meanwhile, some progressives were pointing out that -- contrary to the right-wing fantasy of a “government takeover of healthcare” -- Obama’s Affordable Care Act actually further enthroned for-profit insurance firms atop the system. As I wrote at the time, “The continued dominance of the insurance industry is the key subtext of the healthcare battle that has been raging in Washington. But that dominance is routinely left out of the news media's laser-beam concentration on whether a monumental healthcare law will emerge to save Obama's presidency.”
Today, in terms of healthcare policy, the merits and downsides of Obamacare deserve progressive debate. But at this point there’s no doubt it’s a disaster in political terms -- igniting the Mad Hatter Tea Party’s phony populism, heightening prospects for major right-wing electoral gains next year and propagating the rancid notion that the government should stay out of healthcare.
That ominous takeaway notion was flagged days ago on the PBS NewsHour by commentator Mark Shields, who worried aloud that “this is beyond the Obama administration. If this goes down, if … the Affordable Care Act is deemed a failure, this is the end -- I really mean it -- of liberal government, in the sense of any sense that government as an instrument of social justice, an engine of economic progress… Time and again, social programs have made the difference in this country. The public confidence in that will be so depleted, so diminished, that I really think the change -- the equation of American politics changes.”
At this pivotal, historic, teachable moment, progressives should not leave the messaging battle about the ACA to right wingers and Obama loyalists. While critiquing the law for its entanglement with the profit-voracious insurance industry, we should fight for quality healthcare for everyone -- definitely including the people who live in states where right-wing officials are blocking expansion of Medicaid coverage. (In a recent Nation article, historian Rick Perlstein cited a grim example of a chronic mentality: “the policy wizards in the Obama White House build a Rube Goldberg healthcare law that relies on states to expand Medicaid and create healthcare exchanges, and then are utterly blindsided when red-state legislatures and governors decline.”) We should challenge all efforts to deny the human right of healthcare.
What we should not be doing is what MoveOn.org is now doing -- proclaiming that the Obamacare law is just fine. In a November 14 email blast, subject-lined “Obamacare in serious trouble,” MoveOn acknowledged that the rollout “has been badly botched” but flatly declared: “Obviously, the law itself is still really good.”
The problems with Obamacare involve far more than simply bad website coding. They’re bound up in the enormous complexity of the law’s design, wrapped around a huge corporate steeplechase for maximizing profits. As a Maine physician, Philip Caper, wrote this fall, the ACA “is far too complicated and therefore too expensive to manage, full of holes, will be applied unevenly and unfairly, be full of unintended consequences, and be easily exploited by those looking to make a quick buck.” The ACA is so complicated because it has been so relentlessly written for the benefit of -- and largely written by -- insurance companies.
Along the way, the “individual mandate” cornerstone of the ACA -- required by government yet actually enriching the private insurance industry -- is a tremendous political boost to demagogic GOP leaders. I’m not engaging in hindsight here. Like many others, I saw this coming before the ACA became law, writing in March 2010: “On a political level, the mandate provision is a massive gift to the Republican Party, all set to keep on giving to the right wing for many years. With a highly intrusive requirement that personal funds and government subsidies be paid to private corporations, the law would further empower right-wing populists who want to pose as foes of government ‘elites’ bent on enriching Wall Street.”
Obamacare is a mess largely because it builds a revamped healthcare system around the retrenched and extended power of insurance companies -- setting back prospects for real healthcare reform for a decade or more. Egged on by corporate media and corporate politicians, much of the public will blame higher premiums on government intervention and not on the greedy insurance companies which, along with Big Pharma, helped write the law in the Obama White House and on Capitol Hill.
It should now be painfully obvious that Obamacare’s little helpers, dutifully reciting White House talking points in 2009 and early 2010, were helping right-wing bogus populism to gather steam. Claiming that the Obama presidency would sink without signing into law its “landmark” healthcare bill, many a progressive worked to throw the president a rope; while ostensibly attached to a political life preserver, the rope was actually fastened to a huge deadweight anvil.
In the process, the political choreography included a chorus of statements by Congressional Progressive Caucus members before ultimate passage of the Affordable Care Act. Having previously removed the words “single payer” and “Medicare for all” from their oratorical vocabulary while retaining the laudatory language -- and after later excising the words “public option” in a similar way -- those legislators still pretended that passage of the ACA would be an unalloyed positive triumph. Like the president, they resolutely oversold Obamacare and made believe it would bring about an excellent healthcare system.
With such disingenuous sales pitches four years ago, President Obama and his Democratic acolytes did a lot to create the current political mess engulfing Obamacare -- exaggerating its virtues while pulling out the stops to normalize denial about its real drawbacks. That was a bad approach in 2009. It remains a bad approach today.
Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.” Information about the documentary based on the book is at www.WarMadeEasyTheMovie.org
The real criminal, our government, jails the real hero: The Hero and the Villains: the Jeremy Hammond Sentence
By Alfredo Lopez
This past Friday, Internet activist Jeremy Hammond stood in a federal courtroom and told Judge Loretta A. Preska why he released a trove of emails and other information uncovering the possibly illegal and certainly immoral collaboration of a major surveillance corporation called Stratfor with our government.
By Dave Lindorff
Helsinki—Mikko Kautto, impeccable in a blue suit and open-collared shirt, was sitting at a table in the cafeteria of the modern Centre for Pensions building on the outskirts of Finland’s capital city, answering questions about the operation of his Nordic country’s retirement system.
By John Grant
Lara Logan is a formidable TV reporter who has covered wars and other stories at significant risk. She’s supremely confident and has a powerful journalistic institution supporting her. But as a would-be ethical journalist, she seems to rely too much on her sexual allure and to be too tight with elite elements of the US military establishment.
A Yemeni man who lost two members of his family to a US drone strike one year ago has asked President Obama to meet with him when he visits Washington DC this week.
Faisal bin Ali Jaber lost his brother in law, a preacher who publicly opposed al Qaeda, and nephew, a local policeman, in a strike that took place in the Hadhramout region on August 29, 2012.
Just days before he was killed, Salim bin Ali Jaber had preached at the local mosque against al Qaeda. He was killed, along with police officer Waleed bin Ali Jaber, in a strike which may have been targeted at three strangers who visited the village demanding to speak to Salem following his sermon.
Mr Jaber is visiting Washington DC from Thursday November 14 to Wednesday November 20 in order to hold meetings with members of Congress and address conferences of academics and activists regarding his experiences. His visa has been sponsored by peace group Code Pink, at whose conference he is speaking on Saturday.
Writing to President Obama on behalf of Mr Jaber, his legal representative, Cori Crider, an attorney at human rights charity Reprieve said:
“As well as killing innocent Yemenis, Faisal believes the drone strikes are counter-productive. His village is peaceful. They bore the US no ill-will, quite the contrary as can be seen from Salim’s brave stand five days before he died. Yet today the villagers associate the US with the brutal murder of two of their own.
“Faisal is visiting the US as a representative of the victims’ families to bring attention to the true cost of the drone war, not only in terms of Yemeni lives and but in terms of America’s reputation in the region. I know that you are very busy, but I hope that you might make time to meet him, in order to understand the cost of the US’ drone programme for those on the ground in Yemen.”
What’s more important: Security or freedom?: The Big Question the National Security State isn’t Asking
By Dave Lindorff
So National Security Agency Director Keith B. Alexander, who, along with his boss, Director of National Intelligence James R. Clapper Jr., thinks that “if you can collect it, you should collect it,” now is asking whether it might not be such a good idea in the case of spying on the citizens of US allies like Germany, France, Spain et al.
By John Grant
President Obama finds himself under fire on two disparate fronts these days, both for the botched rollout of his signature health care program and for the secret spying on allied heads of state.
- Peter Baker, The New York Times
It’s one of those elegant solutions to a mix of problems where you wonder why no one thought of it before.
From Business Insider
This will not go over well for the 2009 Nobel Peace Prize winner.
According to the new book “Double Down,” in which journalists Mark Halperin and John Heilemann chronicle the 2012 presidential election, President Barack Obama told his aides that he’s “really good at killing people” while discussing drone strikes.
Peter Hamby of The Washington Post noted the moment in his review of the book.
The reported claim by the commander-in-chief is as indisputable as it is grim.
Obama oversaw the 2009 surge in Afghanistan, 145 Predator drone strikes in NATO’s 2011 Libya operations, the May 2011 raid that killed Osama bin Laden, and drone strikes that killed the Pakistani Taliban leader and a senior member of the Somali-based militant group al-Shabab this week.
Under Obama U.S. drone operators began practicing “signature strikes,” a tactic in which targets are chosen based on patterns of suspicious behavior and the identities of those to be killed aren't necessarily known. (The administration counts all “military-age males” in a strike zone as combatants.)
Obama has also embraced the expansion of capture/kill missions by Joint Special Operations Command (JSOC) after it developed into the primary counterterrorism tool of the Bush administration.
One JSOC operator told investigative journalist Jeremy Scahill, author of “Dirty Wars: The World Is A Battlefield,” that global operations under Obama became “harder, faster, quicker — with the full support of the White House.”
Scahill, who also made a “Dirty Wars” documentary, told NBC News that Obama will “go down in history as the president who legitimized and systematized a process by which the United States asserts the right to conduct assassination operations around the world.”
So although President Obama has proven to be “really good at killing people,” the demonstration has not necessarily been noble.
By Alfredo Lopez
What a week! Shortly after Secretary of State John Kerry admitted that maybe our government had gone "too far" in its surveillance programs, the Washington Post dropped another Edward Snowden bombshell demonstrating that it is going a whole lot farther than we knew.
By Dave Lindorff
A revealing page-one article in today’s New York Times (“Tap on Merkel Provides Peek a Vast Spy Net”) reports on how the NSA’s global spying program, dating back at least to early in the Bush/Cheney administration, was vacuuming up the phone conversations (and no doubt later the internet communications) of not just leaders like German Chancellor Angela Merkel, but opposition leader Merkel before her party took power in Germany.
On January 21, 2013, Barack Obama was inaugurated for his second term as president of the United States. Just as he had promised when he began his first campaign for president six years earlier, he pledged again to turn the page on history and take U.S. foreign policy in a different direction. “A decade of war is now ending,” Obama declared. “We, the people, still believe that enduring security and lasting peace do not require perpetual war.”
Much of the media focus that day was on the new hairstyle of First Lady Michelle Obama, who appeared on the dais sporting freshly trimmed bangs, and on the celebrities in attendance, including hip-hop mogul Jay-Z and his wife, Beyoncé, who performed the national anthem. But the day Obama was sworn in, a U.S. drone strike hit Yemen. It was the third such attack in that country in as many days. Despite the rhetoric from the president on the Capitol steps, there was abundant evidence that he would continue to preside over a country that is in a state of perpetual war.
In the year leading up to the inauguration, more people had been killed in U.S. drone strikes across the globe than were imprisoned at Guantánamo. As Obama was sworn in for his second term, his counterterrorism team was finishing up the task of systematizing the kill list, including developing rules for when U.S. citizens could be targeted. Admiral William McRaven had been promoted to the commander of the United States Special Operations Command (SOCOM), and his Special Ops forces were operating in more than 100 countries across the globe.
After General David Petraeus’s career was brought to a halt as a result of an extramarital affair, President Obama tapped John Brennan to replace him as director of the CIA, thus ensuring that the Agency would be headed by a seminal figure in the expansion and running of the kill program. After four years as Obama’s senior counterterrorism adviser, Brennan had become known in some circles as the “assassination czar” for his role in U.S. drone strikes and other targeted killing operations.
When Obama had tried to put Brennan at the helm of the Agency at the beginning of his first term, the nomination was scuttled by controversy over Brennan’s role in the Bush-era detainee program. By the time President Obama began his second term in office, Brennan had created a “playbook” for crossing names off the kill list. “Targeted killing is now so routine that the Obama administration has spent much of the past year codifying and streamlining the processes that sustain it,” noted the Washington Post.
Brennan played a key role in the evolution of targeted killing by “seeking to codify the administration’s approach to generating capture/kill lists, part of a broader effort to guide future administrations through the counterterrorism processes that Obama has embraced,” the paper added. “The system functions like a funnel, starting with input from half a dozen agencies and narrowing through layers of review until proposed revisions are laid on Brennan’s desk, and subsequently presented to the president.”
Obama’s counterterrorism team had developed what was referred to as the “Disposition Matrix,” a database full of information on suspected terrorists and militants that would provide options for killing or capturing targets. Senior administration officials predicted that the targeted killing program would persist for “at least another decade.” During his first term in office, the Washington Post concluded, “Obama has institutionalized the highly classified practice of targeted killing, transforming ad-hoc elements into a counterterrorism infrastructure capable of sustaining a seemingly permanent war.”
Redefining “Imminent Threat”
In early 2013, a Department of Justice “white paper” surfaced that laid out the “Lawfulness of a Lethal Operation Directed Against a U.S. Citizen.” The government lawyers who wrote the 16-page document asserted that the government need not possess specific intelligence indicating that an American citizen is actively engaged in a particular or active terror plot in order to be cleared for targeted killing. Instead, the paper argued that a determination from a “well-informed high level administration official” that a target represents an “imminent threat” to the United States is a sufficient basis to order the killing of an American citizen. But the Justice Department’s lawyers sought to alter the definition of “imminent,” advocating what they called a “broader concept of imminence.”
They wrote, “The condition that an operational leader present an ‘imminent’ threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons will take place in the immediate future.” The government lawyers argued that waiting for a targeted killing of a suspect “until preparations for an attack are concluded, would not allow the United States sufficient time to defend itself.” They asserted that such an operation constitutes “a lawful killing in self-defense” and is “not an assassination.”
Jameel Jaffer of the ACLU called the white paper a “chilling document,” saying that “it argues that the government has the right to carry out the extrajudicial killing of an American citizen.” Jaffer added, “This power is going to be available to the next administration and the one after that, and it’s going to be available in every future conflict, not just the conflict against al-Qaeda. And according to the [Obama] administration, the power is available all over the world, not just on geographically cabined battlefields. So it really is a sweeping proposition.”
In October 2002, as the Bush administration prepared to invade Iraq, Barack Obama gave the first major speech of his national political career. The then-state senator came out forcefully against going to war in Iraq, but he began his speech with a clarification. “Although this has been billed as an anti-war rally, I stand before you as someone who is not opposed to war in all circumstances… I don’t oppose all wars.” Obama declared, “What I am opposed to is a dumb war. What I am opposed to is a rash war.” During his first campaign for president, Obama had blasted the Bush administration for fighting the wrong war -- Iraq -- and repeatedly criticized his opponent, Senator John McCain, for not articulating how he would take the fight to Osama bin Laden and al-Qaeda.
As his first term in office wound down, the overwhelming majority of U.S. military forces had been withdrawn from Iraq and plans for a similar drawdown in Afghanistan in 2014 were being openly discussed. The administration had succeeded in convincing the American public that Obama was waging a smarter war than his predecessor. As he ran for reelection, Obama was asked about charges from his Republican opponents that his foreign policy was based on appeasement. “Ask Osama bin Laden and the 22 out of 30 top al-Qaeda leaders who have been taken off the field whether I engage in appeasement,” Obama replied. “Or whoever is left out there, ask them about that.”
As the war on terror entered a second decade, the fantasy of a clean war took hold. It was a myth fostered by the Obama administration, and it found a ready audience. All polls indicated that Americans were tired of large military deployments in Iraq and Afghanistan and the mounting U.S. troop casualties that came with them. A 2012 poll found that 83% of Americans supported Obama’s drone program, with 77% of self-identified liberal Democrats supporting such strikes. The Washington Post–ABC News poll determined that support for drone strikes declined “only somewhat” in cases where a U.S. citizen was the target.
President Obama and his advisers seldom mentioned the drone program publicly. In fact, the first known confirmation of the use of armed drones by the president came several years into Obama’s first term. It was not in the form of a legal brief or a press conference, but rather on a Google+ “Hangout” as the president took questions from the public. Obama was asked about his use of drones. “I want to make sure that people understand actually drones have not caused a huge number of civilian casualties,” Obama said. “For the most part, they have been very precise, precision strikes against al-Qaeda and their affiliates. And we are very careful in terms of how it’s been applied.”
He rejected what he called the “perception” that “we’re just sending in a whole bunch of strikes willy-nilly” and asserted that “this is a targeted, focused effort at people who are on a list of active terrorists, who are trying to go in and harm Americans, hit American facilities, American bases, and so on.” Obama added: “It is important for everybody to understand that this thing is kept on a very tight leash. It’s not a bunch of folks in a room somewhere just making decisions. And it is also part and parcel of our overall authority when it comes to battling al-Qaeda. It is not something that’s being used beyond that.”
Michael Boyle, a former adviser in the Obama campaign’s counterterrorism experts group and a professor at LaSalle University, said that one of the reasons the administration was “so successful in spinning the number of civilian casualties” was the use of signature strikes and other systems for categorizing military-aged males as legitimate targets, even if their specific identities were unknown. “The result of the ‘guilt by association’ approach has been a gradual loosening of the standards by which the U.S. selects targets for drone strikes,” Boyle charged. “The consequences can be seen in the targeting of mosques or funeral processions that kill non-combatants and tear at the social fabric of the regions where they occur.” No one, he added, “really knows the number of deaths caused by drones in these distant, sometimes ungoverned, lands.”
Using drones, cruise missiles, and Special Ops raids, the United States has embarked on a mission to kill its way to victory. The war on terror, launched under a Republican administration, was ultimately legitimized and expanded by a popular Democratic president. Although Barack Obama’s ascent to the most powerful office on Earth was the result of myriad factors, it was largely due to the desire of millions of Americans to shift course from the excesses of the Bush era.
Had John McCain won the election, it is difficult to imagine such widespread support, particularly among liberal Democrats, for some of the very counterterrorism policies that Obama implemented. As individuals, we must all ask whether we would support the same policies -- the expansion of drone strikes, the empowerment of Joint Special Operations Command (JSOC), the use of the State Secrets Privilege, the use of indefinite detention, the denial of habeas corpus rights, the targeting of U.S. citizens without charge or trial -- if the commander in chief was not our candidate of choice.
But beyond the partisan lens, the policies implemented by the Obama administration will have far-reaching consequences. Future U.S. presidents -- Republican or Democratic -- will inherit a streamlined process for assassinating enemies of America, perceived or real. They will inherit an executive branch with sweeping powers, rationalized under the banner of national security.
In 2012, a former constitutional law professor was asked about the U.S. drone and targeted killing program. “It’s very important for the president and the entire culture of our national security team to continually ask tough questions about ‘Are we doing the right thing? Are we abiding by the rule of law? Are we abiding by due process?’” he responded, warning that it was important for the United States to “avoid any kind of slippery slope into a place where we’re not being true to who we are.”
That former law professor was Barack Obama.
The creation of the kill list and the expansion of drone strikes “represents a betrayal of President Obama’s promise to make counterterrorism policies consistent with the U.S. constitution,” charged Boyle. Obama, he added, “has routinized and normalized extrajudicial killing from the Oval Office, taking advantage of America’s temporary advantage in drone technology to wage a series of shadow wars in Afghanistan, Pakistan, Yemen, and Somalia. Without the scrutiny of the legislature and the courts, and outside the public eye, Obama is authorizing murder on a weekly basis, with a discussion of the guilt or innocence of candidates for the ‘kill list’ being resolved in secret.” Boyle warned:
“Once Obama leaves office, there is nothing stopping the next president from launching his own drone strikes, perhaps against a different and more controversial array of targets. The infrastructure and processes of vetting the ‘kill list’ will remain in place for the next president, who may be less mindful of moral and legal implications of this action than Obama supposedly is.”
In late 2012, the ACLU and the New York Times sought information on the legal rationale for the kill program, specifically the strikes that had killed three U.S. citizens -- among them 16-year-old Abdulrahman Awlaki. In January 2013, a federal judge ruled on the request. In her decision, Judge Colleen McMahon appeared frustrated with the White House’s lack of transparency, writing that the Freedom of Information Act (FOIA) requests raised “serious issues about the limits on the power of the Executive Branch under the Constitution and laws of the United States, and about whether we are indeed a nation of laws, not of men.”
She charged that the Obama administration “has engaged in public discussion of the legality of targeted killing, even of citizens, but in cryptic and imprecise ways, generally without citing to any statute or court decision that justifies its conclusions.” She added, “More fulsome disclosure of the legal reasoning on which the administration relies to justify the targeted killing of individuals, including United States citizens, far from any recognizable ‘hot’ field of battle, would allow for intelligent discussion and assessment of a tactic that (like torture before it) remains hotly debated. It might also help the public understand the scope of the ill-defined yet vast and seemingly ever-growing exercise.”
Ultimately, Judge McMahon blocked the release of the documents. Citing her legal concerns about the state of transparency with regard to the kill program, she wrote:
“This Court is constrained by law, and under the law, I can only conclude that the Government has not violated FOIA by refusing to turn over the documents sought in the FOIA requests, and so cannot be compelled by this court of law to explain in detail the reasons why its actions do not violate the Constitution and laws of the United States. The Alice-in-Wonderland nature of this pronouncement is not lost on me; but after careful and extensive consideration, I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules -- a veritable Catch-22. I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for their conclusion a secret.”
How to Make Enemies and Not Influence People
It is not just the precedents set during the Obama era that will reverberate into the future, but also the lethal operations themselves. No one can scientifically predict the future consequences of drone strikes, cruise missile attacks, and night raids. But from my experience in several undeclared war zones across the globe, it seems clear that the United States is helping to breed a new generation of enemies in Somalia, Yemen, Pakistan, Afghanistan, and throughout the Muslim world.
Those whose loved ones were killed in drone strikes or cruise missile attacks or night raids will have a legitimate score to settle. In an October 2003 memo, written less than a year into the U.S. occupation of Iraq, Donald Rumsfeld framed the issue of whether the United States was “winning or losing the global war on terror” through one question: “Are we capturing, killing, or deterring and dissuading more terrorists every day than the madrassas and the radical clerics are recruiting, training, and deploying against us?”
More than a decade after 9/11, that question should be updated. At the end of the day, U.S. policymakers and the general public must all confront a more uncomfortable question: Are our own actions, carried out in the name of national security, making us less safe or more safe? Are they eliminating more enemies than they are inspiring? Boyle put it mildly when he observed that the kill program’s “adverse strategic effects… have not been properly weighed against the tactical gains associated with killing terrorists.”
In November 2012, President Obama remarked that “there’s no country on Earth that would tolerate missiles raining down on its citizens from outside its borders.” He made the statement in defense of Israel’s attack on Gaza, which was launched in the name of protecting itself from Hamas missile attacks. “We are fully supportive of Israel’s right to defend itself from missiles landing on people’s homes and workplaces and potentially killing civilians,” Obama continued. “And we will continue to support Israel’s right to defend itself.” How would people living in areas of Yemen, Somalia, or Pakistan that have been regularly targeted by U.S. drones or missile strikes view that statement?
Toward the end of President Obama’s first term in office, the Pentagon’s general counsel, Jeh Johnson, gave a major lecture at the Oxford Union in England. “If I had to summarize my job in one sentence: it is to ensure that everything our military and our Defense Department do is consistent with U.S. and international law,” Johnson said. “This includes the prior legal review of every military operation that the Secretary of Defense and the President must approve.”
As Johnson spoke, the British government was facing serious questions about its involvement in U.S. drone strikes. A legal case brought in the United Kingdom by the British son of a tribal leader killed in Pakistan alleged that British officials had served as “secondary parties to murder” by providing intelligence to the United States that allegedly led to the 2011 strike. A U.N. commission was preparing to launch an investigation into the expanding kill program, and new legal challenges were making their way through the U.S. court system. In his speech, Johnson presented the U.S. defense of its controversial counterterror policies:
“Some legal scholars and commentators in our country brand the detention by the military of members of al-Qaeda as ‘indefinite detention without charges.’ Some refer to targeted lethal force against known, identified individual members of al-Qaeda as ‘extrajudicial killing.’
“Viewed within the context of law enforcement or criminal justice, where no person is sentenced to death or prison without an indictment, an arraignment, and a trial before an impartial judge or jury, these characterizations might be understandable.
“Viewed within the context of conventional armed conflict -- as they should be -- capture, detention, and lethal force are traditional practices as old as armies.”
The Era of the Dirty War on Terror
In the end, the Obama administration’s defense of its expanding global wars boiled down to the assertion that it was in fact at war; that the authorities granted by the Congress to the Bush administration after 9/11 to pursue those responsible for the attacks justified the Obama administration’s ongoing strikes against “suspected militants” across the globe -- some of whom were toddlers when the Twin Towers crumbled to the ground -- more than a decade later.
The end result of the policies initiated under President Bush and continued and expanded under his Democratic successor was to bring the world to the dawn of a new age, the era of the Dirty War on Terror. As Boyle, the former Obama campaign counterterrorism adviser, asserted in early 2013, the U.S. drone program was “encouraging a new arms race for drones that will empower current and future rivals and lay the foundations for an international system that is increasingly violent.”
Today, decisions on who should live or die in the name of protecting America’s national security are made in secret, laws are interpreted by the president and his advisers behind closed doors, and no target is off-limits, including U.S. citizens. But the decisions made in Washington have implications far beyond their impact on the democratic system of checks and balances in the United States.
In January 2013, Ben Emmerson, the U.N. special rapporteur on counterterrorism and human rights, announced his investigation into drone strikes and targeted killing by the United States. In a statement launching the probe, he characterized the U.S. defense of its use of drones and targeted killings in other countries as “Western democracies… engaged in a global [war] against a stateless enemy, without geographical boundaries to the theatre of conflict, and without limit of time.” This position, he concluded, “is heavily disputed by most States, and by the majority of international lawyers outside the United States of America.”
At his inauguration in January 2013, Obama employed the rhetoric of internationalism. “We will defend our people and uphold our values through strength of arms and rule of law. We will show the courage to try and resolve our differences with other nations peacefully -- not because we are naive about the dangers we face, but because engagement can more durably lift suspicion and fear,” the president declared. “America will remain the anchor of strong alliances in every corner of the globe; and we will renew those institutions that extend our capacity to manage crisis abroad, for no one has a greater stake in a peaceful world than its most powerful nation.”
Yet, as Obama embarked on his second term in office, the United States was once again at odds with the rest of the world on one of the central components of its foreign policy. The drone strike in Yemen the day Obama was sworn in served as a potent symbol of a reality that had been clearly established during his first four years in office: U.S. unilateralism and exceptionalism were not only bipartisan principles in Washington, but a permanent American institution. As large-scale military deployments wound down, the United States had simultaneously escalated its use of drones, cruise missiles, and Special Ops raids in an unprecedented number of countries. The war on terror had become a self-fulfilling prophecy.
The question all Americans must ask themselves lingers painfully: How does a war like this ever end?
Jeremy Scahill is national security correspondent for the Nation magazine and author of the New York Times bestsellers Blackwater: The Rise of the World’s Most Powerful Mercenary Army and most recently Dirty Wars: The World Is a Battlefield (both published by Nation Books). He is also the subject, producer, and writer of the film Dirty Wars, an official selection of the 2013 Sundance Film Festival, where it won the US documentary cinematography prize, now available on DVD. This essay is the epilogue to his book Dirty Wars.
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(c) 2013 Jeremy Scahill. Excerpted from Dirty Wars: The World Is A Battlefield (Nation Books). Used by permission of the author and publisher.
By John Grant
To: Jofi Joseph, Washington DC
Dear Mr Joseph:
I read of your firing as a national security adviser in the White House thanks to your “snarky” tweeting about various White House officials above you in the pecking order.
US may be committing robotic war crimes: Two Human Rights Groups Blast US for Drone Killing Campaigns
By Dave Lindorff
Last week President Obama was largely successful at blacking out from the American public word that Nobel Peace Prize Malala Yousafzai, the courageous Pakistani advocate of girls’ education nearly killed by Taliban gunmen a year ago, used a photo-op invitation to the White House to ask the president to halt to his drone killings of Pakistanis. But Obama cannot so easily silence the condemnations today of his remote drone “Murder, Inc.” program by Amnesty International and Human Rights Watch.
The United States is loosening controls over military exports, in a shift that former U.S. officials and human rights advocates say could increase the flow of American-made military parts to the world's conflicts and make it harder to enforce arms sanctions.
Cross-Posted from DeSmogBlog
In a major ruling that's flown under the radar, the U.S. Court of Appeals for the Tenth Circuit - based in Denver, Colorado - decided not to grant the Sierra Club and Clean Energy Future Oklahoma a temporary injunction on the construction of the southern half of Transcanada's Keystone XL tar sands export pipeline.
The Court's decision hinged on an "injury" balancing test: Would Transcanada be hurt more financially from receiving an injunction? Had it lost, it would be stuck with one until Sierra Club, et al receive a U.S. District Court decision on the legality of the U.S. Army Corps of Engineers' decision to grant Transcanada a Nationwide Permit 12 (NWP 12) for construction of what's now called the Gulf Coast Pipeline in February 2012.
Or would ecosystems suffer even greater and potentially incalculable damage from the 485-mile, 700,000 barrels per day pipeline crossing 2,227 streams?
In a 2-1 decision, the Court sided with Transcanada, and by extension, the U.S. Army Corps of Engineers. The Court ruled, "the threatened environmental injuries were outweighed by the financial harm that the injunction would cause Transcanada."
Commenting on the case brought by Sierra Club, et al, Judge Jerome A. Holmes and Judge Paul J. Kelly, Jr. - appointees of President George W. Bush and President George H.W. Bush, respectively - shot down the arguments sharply.
U.S. Appeals Court for the 10th Circuit Judge Jerome A. Holmes; Photo Credit: The White House
Holmes and Kelly ruled that Sierra Club, et al failed to show how the pipeline will have a significant environmental impact despite the fact it's been deemed a "fuse to the biggest carbon bomb on the planet" by retired NASA climate scientist James Hansen.
Construction of Keystone XL's southern half - subject of significant grassroots activism by the Tar Sands Blockade and others - is now nearly complete. Tar sands dilbit is slated to begin to flow through it in early 2014.
NWP 12: "New Normal" for Tar Sands Pipeline Approval
After protestors succeeded initially in delaying Keystone XL, Big Oil has chosen a "new normal" stealth approval method: the non-transparent NWP 12.
This avoids the more strenuous National Environmental Protection Act permitting process overseen by the Environmental Protection Agency (EPA), which requires public hearings and public comments for major federal pipeline projects. NEPA compels the EPA to take comments into account in response throughout the Environmental Impact Statement phase, allowing robust public participation in the process.
Sierra Club Staff Attorney Doug Hayes explained in an interview with DeSmogBlog that NWP 12 is for utility projects with up to a half an acre of stream or wetland impacts, and has never been used for tar sands pipelines before Keystone XL's southern half.
The southern half of the pipeline was approved via Executive Order by President Barack Obama in March 2012, directly after Obama gave a speech in front of a Cushing, OK pipeyard.
President Barack Obama speaks in Cushing, OK in March 2013; Photo Credit: White House
"The Corps is abusing the nationwide permit program. Nationwide permits were intended to permit categories of projects with truly minimal impacts, not tar sands oil pipelines crossing several states," said Hayes.
Utilizing tricky legal loopholes, Transcanada used NWP 12 to push through Keystone XL's southern half in February 2012, calling each half acre segment of Keystone XL's southern half a "single and complete project." The Army Corps of Engineers agreed despite the fact that Transcanada refers to the pipeline at-large as the "Gulf Coast Pipeline project."
"What the Corps is doing is artificially dividing up these massive pipelines, treating them as thousands of individual projects to avoid environmental review," Hayes explained. "In this case, there were 2,227 crossings of federal waterways, so the Corps has treated the Gulf Coast Pipeline as 2,227 'single and complete projects,' each of which qualifies under NWP 12."
Sierra Club Staff Attorney Doug Hayes; Photo Credit: Sierra Club
Why, I asked Hayes?
"The Corps artificially treats these massive pipelines as thousands of individual projects so as to qualify under NWP 12 and avoid NEPA compliance."
NWP 12 has also been utilized by Enbridge for the Flanagan South Pipeline, a 600-mile, 600,000 barrels per day pipeline set to shuttle tar sands crude from Flanagan, IL to Cushing, OK, crossing over 2,000 streams. That pipeline is scheduled to begin operations in mid-2014, demonstrating how NWP 12 is the "new normal" way to fast-track domestic tar sands pipelines.
Dissent: Laws Violated, Economic Harm Transcanada's Fault
Perhaps the biggest irony of the Appeals Court decision is that Judges Holmes and Kelly barely grappled with the central issue of the legal challenge to begin with: using NWP 12 rather than going through the NEPA process.
"The majority opinion avoided addressing the legal questions that are central to this lawsuit - whether the Corps violated the law in permitting this pipeline - and instead it was based on how much money a delay in construction would cost TransCanada," said Hayes.
Though Judges Holmes and Kelly stayed mum about these issues, dissenting U.S. District Court for the District of Colorado Judge William Martínez - an Obama appointee - did not, pulling no punches in doing so.
U.S. District Court for the District of Colorado Judge William Martínez; Photo Credit: Judgepedia
"Given the totality of the circumstances...I believe the...Gulf Coast Pipeline required a comprehensive NEPA analysis," Martínez wrote.
"There are also no specific findings in support of the Corps' conclusion that the Gulf Coast Pipeline, as a whole, would have minimal cumulative impact. The failure to consider the cumulative effects of all of the water crossings involved in the Gulf Coast Pipeline violates the terms of NWP 12, and, therefore, the approval of the use of NWP 12 for construction of the Gulf Coast Pipeline violated the law."
Though Judges Holmes and Kelly grappled with the issue of water crossings - belittling the amount of water Keystone XL's southern half would cross over - Martínez said it's about much more than just water.
There is "real and signifcant harm caused by the actual construction of the pipeline, including the clearing of trees and vegetation, removing topsoil, filling wetlands, building access roads, and clearing an eighty-five foot construction right-of-way for the length of the pipeline," he stated.
Hayes agreed with this assessment, pointing to examples of things the Judges simply ignored in their assessment.
"[T]he court's balancing test ignored the host of environmental impacts associated with this pipeline, including the risks of tar sands oil spills," said Hayes.
"Remember that the 2010 tar sands pipeline spill in Michigan is still being cleaned up, and so far has cost over a billion dollars. It's a bit of a Catch-22 to say that this is all just about a few acres of wetlands loss, when the whole point of this lawsuit is that the Corps avoided analyzing any of the pipeline's environmental impacts as required by NEPA."
Lastly, Martínez put the onus on Transcanada for its economic decision-making.
"Transcanada chose to incur its economic harm by entering into contracts for services before the Gulf Coast Pipeline was approved, even in light of the controversial nature of the Pipeline," said Martínez (emphasis his).
U.S. District Court Decision Forthcoming, Activism Persists
Sierra Club, et al now await a summary judgment from the U.S. District Court for the District of Colorado on whether Keystone XL failed the dictates of NEPA. It's a key decision, Hayes says, because "a ruling in our favor could prevent the Corps from doing this in the future."
While they await this lower court judgment, activists continue efforts to fend off these pipeline projects.
"This decision yet again demonstrates why direct action is necessary. The permitting process for Keystone XL's southern leg was illegal, yet regulators, inspectors, Obama, and the courts are failing to do what is necessary to protect the people and ecosystems threatened by this toxic pipeline," said Ron Seifert, a Tar Sands Blockade spokesman.
"If all the branches of government are so helplessly captured by industry that they will do nothing to stave off climate change, then the people must rise up and take the defense of the environment into their own hands."
President Pivot prepares to screw the old and infirm: Whatever Happened to ‘No negotiations’ with Debt Ceiling ‘Hostage Takers’
By Dave Lindorff
President Obama ran for president promising change. What his backers didn’t realize was that he wasn’t talking about changing America for the better. He was talking about changing his position whenever he found himself in a confrontation with Republicans. There’s a reason that beginning with Obama’s 2008 campaign, and on through the past five years of his presidency, we have gotten used to a presidential behavior called “pivoting.”
“Congressman, you have a noon meeting with a group of peace activists who want to talk with you about your position on Syria. And I should warn you that there are some TV vans down in the parking lot.”
By Linn Washington, Jr.
On the first day of the federal government shut-down, as hundreds of tourists were turned away from the shuttered Liberty Bell and other fabled sites within the Independence National Historical Park in downtown Philadelphia, Richard Dyost stood near the building housing the Bell and received a big laugh.
By Dave Lindorff