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What Happened to the War Powers Act?

On Sunday night's 60 Minutes program, Scott Pelley opened an interview with Defense Secretary Leon Panetta with the question, "How many countries are we currently engaged in a shooting war?" Surprised by the question, Panetta, who laughed heartily as if Pelley had just told him a really humorous knock-knock joke that tickled his funny bone, responded 'that's a good question. I have to stop and think about that." Panetta proceeded to answer "we're going after al Qaeda wherever they're at.... Clearly, we're confronting al Qaeda in Pakistan, Yemen, Somalia, North Africa...." In case you're wondering, yes, Panetta confirmed that US troops are in Pakistan.

Pelley's question could not have been more clear just as Panetta's answer was unequivocal. What neither Pelley nor Panetta, who received a law degree from Santa Clara University Law School, mentioned was that for the US to be 'engaged in a shooting war,' not to mention more shooting wars than he could recount, without congressional approval is not only unconstitutional but is a clear violation of the War Powers Act of 1973.

After the debacle in Vietnam, with the American people dispirited and exhausted from a bloody, divisive war, the 93rd Session of Congress recognized the need to restore its Constitutional authority to declare war and oversight on national security and foreign policy issues with adoption of the War Powers Act of 1973. The Act, which was also intent on improving accountability requirements for the Executive Branch, necessitated a congressional override of President's Nixon's veto.

Department of Justice Blurts Out Truth About Anthrax Frameup; Will Obama Charge DOJ With Espionage?

From Washington Post:

Investigators initially focused on the wrong man, then had to pay him a nearly $6 million settlement. In 2008, they accused another man, Bruce E. Ivins, who killed himself before he could go to trial.

Now, in the latest twist, the government has argued against itself.

In documents deep in the files of a recently settled Florida lawsuit, Justice Department civil attorneys contradicted their own department’s conclusion that Ivins was unquestionably the anthrax killer. The lawyers said the type of anthrax in Ivins’s lab was “radically different” from the deadly anthrax. They cited several witnesses who said Ivins was innocent, and they suggested that a private laboratory in Ohio could have been involved in the attacks.

N.C. Human Rights Group Report on Torture Flights

Human rights group calls on state to probe alleged 'torture flights'

19 January 2012 - A North Carolina human rights group is calling on state officials to investigate and stop alleged CIA missions originating in Johnston County that involve illegal torture.

North Carolina Stop Torture Now delivered a University of North Carolina School of Law report Wednesday to the governor, attorney general and others that claims the Central Intelligence Agency relies on Smithfield-based Aero Contractors Ltd. to provide planes and pilots to transport prisoners overseas from the Johnston County Airport for secret interrogation using torture techniques.

U.S. Military Being Used Against U.S. Labor Unions -- This Would Be Used as Grounds for War on the U.S. If the U.S. Weren't the U.S.

San Francisco Labor Council Resolution - Adopted Jan. 9, 2012 by unanimous vote (with one abstention)

Condemn Use of U.S. Military to Escort Scab Grain Ship in Longview WA

Andy Worthington Visits US January 2012

For the first time, the British journalist and author of The Guantánamo Files will speak at events in New York, Washington, San Francisco and Chicago about his work uncovering the stories of the prisoners there. See his recent piece: An Extraordinary Interview with Former Guantánamo Child Prisoner Mohammed El-Gharani.

 

US Tells Israel Under What Specific Circumstances It Would Commit an International Crime of Mass Slaughter, Israel Insists on Full Commitment

From the Daily Beast:

The Obama administration is trying to assure Israel privately that it would strike Iran militarily if Tehran’s nuclear program crosses certain “red lines”—while attempting to dissuade the Israelis from acting unilaterally. Eli Lake reports exclusively.

READ THE REST.

Too late to contain killer flu science, say experts

Too late to contain killer flu science, say experts

Attempts to censor details of controversial influenza experiments that created a highly infectious form of bird-flu virus are unlikely to stop the information from leaking out, according to scientists familiar with the research.

The US Government has asked the editors of two scientific journals to refrain from publishing key parts of research on the H5N1 strain of bird-flu in order to prevent the information falling into the hands of terrorists intent on recreating the same flu strain for use as a bioweapon.

However, scientists yesterday condemned the move. Some said that the decision comes too late because the information has already been shared widely among flu researchers, while others argued that the move could obstruct attempts to find new vaccines and drugs against an infectious form of human H5N1 if it appeared naturally.

Professor Richard Ebright, a molecular biologist at Rutgers University in Piscataway, New Jersey, said that the research, which was funded by the US Government, should never have been done without first assessing the risks and benefits.

“The work posed risks that outweighed benefits and that were clearly foreseeable before the work was performed,” Professor Ebright said.

READ THE REST AT THE INDEPENDENT

 

And then consider this from Francis Boyle:

Biological Weapons Convention Conference Issues Final Document

“The Conference emphasizes that States must take all necessary safety and security measures to protect human populations and the environment, including animals and plants, when carrying out destruction and/or diversion of agents, toxins, weapons, equipment or means of delivery as prohibited by Article 1 of the Convention.”

This language from the Final Communiqué is truly bizarre. Under the terms of the BWC, those “agents, toxins, weapons, equipment or means of delivery” should not be there in the first in order to be “destroyed” or “diverted.” And where are they being “diverted”: to whom and by whom? The implications of this language is (1)  that BWC contracting parties currently have “agents, toxins, weapons, equipment or means of delivery as prohibited by Article 1 of the Convention” and (2) that they are diverting them somewhere, which is also prohibited by the BWC.

Of course you can read this language to apply only to non-BWC States. But there are 165 BWC States Parties and 12 signatories. The only militarily  significant hold outs are in the Middle East, for well known reasons that I will not go into here.

European Fail: Extraordinary Rendition Flights

Europeans accused over CIA rendition data

19 December 2011 - Almost two-thirds of countries asked by human rights groups about their involvement in extraordinary rendition flights have failed to comply with freedom of information requests – with European nations in particular accused of withholding evidence of the controversial CIA programme.

Legal action charity Reprieve and open government pressure group Access Info Europe made a total of 67 requests for flight data relating to the years 2002 through to 2006.

Was the Attack on Pakistani Outposts Deliberate?: How Far Will the US Go to Target Pakistan's Military?

 

By Shaukat Qadir


This past June I posted an article by Anatol Lieven on Facebook. For those who are not familiar with his name, Anatol is from the UK and numbers among the few journalists whom I always enjoy reading. I have met Anatol a few times and he is the kind of person who likes to get acquainted with the psycho-social environment of the people he writes about. Written in the wake of Osama bin Laden’s execution, Anatol’s article was critical of the US approach to the region, particularly Pakistan.

Transcripts of Haditha Massacre in Junkyard in Baghdad

Junkyard Gives Up Secret Accounts of Massacre in Iraq

December 14, 2011 - One by one, the Marines sat down, swore to tell the truth and began to give secret interviews discussing one of the most horrific episodes of America’s time in Iraq: the 2005 massacre by Marines of Iraqi civilians in the town of Haditha.

“I mean, whether it’s a result of our action or other action, you know, discovering 20 bodies, throats slit, 20 bodies, you know, beheaded, 20 bodies here, 20 bodies there,” Col. Thomas Cariker, a commander in Anbar Province at the time, told investigators as he described the chaos of Iraq.

My Occupy LA Arrest, by Patrick Meighan

http://myoccupylaarrest.blogspot.com

My name is Patrick Meighan, and I’m a husband, a father, a writer on the Fox animated sitcom “Family Guy”, and a member of the Unitarian Universalist Community Church of Santa Monica.

Spies and Provocateurs: Police Spying on Occupy Movement not Likely Limited to Los Angeles

 

By Dave Lindorff

 

Word that the Los Angeles Police, who sent in 1200 officers in riot gear to violently rout a few hundred Occupy Movement demonstrators from their LA encampment last week, had earlier sent 12 undercover young officers into the peaceful occupation camp to spy on the activists should come as no surprise.

 

National Lawyers Guild Files FOIA Requests Seeking Evidence of Federal Role in Occupy Crackdown

 

By Dave Lindorff

 

With Congress no longer performing its sworn role of defending the US Constitution, the National Lawyers Guild Mass Defense Committee and the Partnership for Civil Justice today filed requests under the Freedom of Information Act (FOIA) asking the Department of Justice, the Department of Homeland Security, the FBI, the CIA and the National Parks Service to release "all their information on the planning of the coordinated law enforcement crackdown on Occupy protest encampments in multiple cities over the course of recent days and weeks."

Police State Tactics: Signs Point to a Coordinated National Program to Try and Unoccupy Wall Street and Other Cities

 

By Dave Lindorff

 

 

The ugly hand of the federal government is becoming increasingly suspected behind what appears to be a nationwide attempt to repress and evict the Occupation Movement.

 

Across the country in recent days, ultimatums have been issues to groups occupying Portland, OR, Chicago, IL, San Francisco, Dallas, TX, Atlanta, GA, and most recently New York, NY, where the Occupation Movement began on September 17. The two most recent eviction efforts, in Oakland and New York, have been the worst.

 

New Documents Reveal Previously Undisclosed Rendition Flights

By William Fisher, The Public Record

If you thought you were finished reading about CIA “black sites” and “extraordinary renditions,” you were just a tad premature.

Turns out that after all the investigations in a raft of countries, a virtual treasure trove of never-seen-before documents has reached the major European legal charity, Reprieve.

As a result, Reprieve is calling on Lithuanian authorities to re-open their investigation into CIA renditions and secret prisons on their own soil, and to focus on a newly-discovered web of new documents exposing well-disguised CIA flights through Europe that demonstrate the European Union’s complicity in the CIA’s secret prisons program.

Reprieve charges that “data focusing on Lithuania, but linked to suspected CIA activity in a raft of other countries in Europe, North America, the Middle East and North Africa, has been identified by Reprieve investigators and passed to the Lithuanian prosecutor.”

In a letter to Lithuania’s Deputy Prosecutor General, Darius Raulušaitis, Reprieve’s Director, Clive Stafford Smith said: “Compelling new information that has now come to light about the landings of CIA-connected planes in Lithuania makes a rigorous and wide-ranging investigation all the more urgent. It is now clear that previous efforts to chart the extent of the CIA’s rendition operations in Europe revealed ONLY the tip of the iceberg.”

Reprieve claims that the new documents show that:

  • Lithuania’s attempts to establish what the CIA did in the country between 2004-06 have been oddly unsuccessful, failing to identify key clues to several potential rendition flights;
  • Two flights entered Lithuania from Morocco and Bucharest – known secret prison sites – in February 2005, around the time that ‘High Value Detainee’ Abu Zubaydah was transferred to a CIA black site in Lithuania;
  • A crucial plane identified by the previous Lithuanian inquiry (registered as N787WH) tried to disguise its true destination (Lithuania) by filing a route plan to Gothenburg, Sweden;
  • Many other European countries now linked to the CIA’s rendition flight program have questions to answer, including Austria, Canada, Germany, Iceland, Jordan, Portugal, Romania and the USA;

READ THE REST

Berkeley Police Beat Students With Clubs to Protect Them

But this was not in Iran, so expect no comment from Washington.

We're Killing People to Avoid Arresting Them, Not Because They Can't Be Easily Arrested

From Pratap Chatterjee:

Tariq and Waheed’s death brought the total number of children killed in drone strikes to 175, according to the Bureau’s own findings. As part of an ongoing investigation, the Bureau has documented 306 strikes from remotely piloted drones that have killed between 2,359 and 2,959 people. Over 85% of them have been launched by the administration of President Barack Obama.

Akbar says that the CIA had every opportunity to meet with Tariq, if they wanted to, when he visited Islamabad. ‘If they were terrorists, why weren’t they arrested in Islamabad, interrogated, charged or tried?’

For Our Allies, Death From Above

London

LAST Friday, I took part in an unusual meeting in Pakistan’s capital, Islamabad.

The meeting had been organized so that Pashtun tribal elders who lived along the Pakistani-Afghan frontier could meet with Westerners for the first time to offer their perspectives on the shadowy drone war being waged by the Central Intelligence Agency in their region. Twenty men came to air their views; some brought their young sons along to experience this rare interaction with Americans. In all, 60 villagers made the journey.

The meeting was organized as a traditional jirga. In Pashtun culture, a jirga acts as both a parliament and a courtroom: it is the time-honored way in which Pashtuns have tried to establish rules and settle differences amicably with those who they feel have wronged them.

On the night before the meeting, we had a dinner, to break the ice. During the meal, I met a boy named Tariq Aziz. He was 16. As we ate, the stern, bearded faces all around me slowly melted into smiles. Tariq smiled much sooner; he was too young to boast much facial hair, and too young to have learned to hate.

The next day, the jirga lasted several hours. I had a translator, but the gist of each man’s speech was clear. American drones would circle their homes all day before unleashing Hellfire missiles, often in the dark hours between midnight and dawn. Death lurked everywhere around them.

When it was my turn to speak, I mentioned the official American position: that these were precision strikes and no innocent civilian had been killed in 15 months. My comment was met with snorts of derision.

READ THE REST IN THE NEW YORK TIMES

Abu Zubaydah v Lithuania: CIA Prison Program

Lithuania in the dock for role in CIA rendition program

28 October, 2011 - A human rights group has filed a lawsuit against Lithuania for its role in a CIA rendition program which allegedly involved the illegal detention and torture of “high-value detainee” Abu Zubaydah.

Zubaydah, who was initially captured by American and Pakistani special services in a raid in Pakistan in 2002, spent some of his time in custody in a secret detention center in Lithuania, according to the Interights group. The European country allegedly collaborated with the CIA on its program of secret prisons, which allowed suspects to be incarcerated and tortured outside American territory.

On War: AMEN, Rachel, AF'inMEN!!!

Quite enough from Mr. Wolfowitz and the Cabal
Oct. 28: Rachel Maddow expresses exasperation that Paul Wolfowitz is still treated by the media as if he has credibility on foreign policy matters despite his infamous history of disastrously poor judgment.

 

The Rule of Law and the Extrajudicial Killing of Muammar Gaddafi

From Jurist

JURIST Special Guest Columnist Curtis Doebbler of Webster University and the Geneva School of Diplomacy and International Relations, both in Geneva, Switzerland, says the killing of Muammar Gaddafi appears to be another violation of international law involving the US, sending the dangerous message that one must kill or be killed...





Although the facts are far from clear, most reports now seem to confirm that Muammar Gaddafi was killed after his convoy was attacked by NATO planes, including aircraft from the US and France, and after he was captured alive. If these facts are correct, they point to yet another serious violation of international law involving the US.

The willful killing or summary execution of a prisoner of war who is no longer participating in an armed conflict is a grave breach of the Third Geneva Convention on Prisoners of War of 1949, to which both France and the US are parties. It makes no difference how much one dislikes the particular prisoner of war. The resulting obligation for all parties to this treaty is that they investigate, arrest and punish the perpetrators of such crimes.

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