Archive for category War Crimes

Kerry Caught On Hot Mic Mocking Precision Of Israeli Strikes As Gaza Operation Intensifies

Air strike on Gaza

Via FDL:

Secretary of State John Kerry, who was on every network political show over the weekend justifying Israel’s actions in Gaza, was caught on a hot mic giving a very different assessment. Kerry said “It’s a hell of a pinpoint operation,” while talking to an aide on the phone, mocking the accuracy of Israel’s weapons strikes which Israel claims are limited and precise.

Precision is of course one thing, while accuracy is another thing. A bomb, missile, or tank round can precisely hit the wrong target. Which is what is happening, inevitably, in Gaza. Israeli air strikes and artillery fire have hit civilian homes, mosques, and hospitals. Ambulances have been destroyed.

More info:
In Gaza, whatever the target, children often the victims
Panicked residents flee Gaza City neighborhood hit by tank fire as Israel widens offensive
CNN: Israeli Airstrike Hits Cafe Packed With People Watching World Cup
Four dead at Gaza hospital hit by Israeli strike
Three More Children Killed in Latest Air Strike on Gaza
More than 30 members of two Palestinian families are killed by Israeli strikes in Gaza
Israeli Airstrikes Injure Three Journalists in Gaza

UPDATES:
Hamas Offers Reasonable Truce, Greeted by Deafening Silence

The 7-year Israeli/Egyptian blockade of Gaza is a violation of international law, an act of war, and a crime against humanity.

Graphic Photos From The Gaza Strip Show Destruction And Death
“This is not war, this is annihilation”
US Only Country To Vote No On UN Resolution Against Killing Civilians In Gaza

The result of the resolution – which passed despite the US’ no vote – will be a UN probe into how Israel is using force in Gaza, particularly against civilians. Of the 732 Palestinians now reported killed from Operation Protective Edge an estimated 80% have been civilians.

Gaza Death Toll Over 1,000

More than 1,000 people, mainly civilians, have been killed and more than 6,000 have been wounded over the past 19 days, al-Kidra said. Israeli strikes have destroyed hundreds of homes, including close to 500 in targeted hits, and forced tens of thousands of people to flee, according to Palestinian rights groups.

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The Problems in Iraq are Just More of Bush’s Toxic Legacy

Ed Kilgore has a good rant on Bush’s Toxic Legacy:

The mess in Iraq right now, along with the remarkably limited options for any constructive U.S. action to avoid humanitarian and political disaster, and the hostility of American public opinion to doing anything at all, provide fresh reminders that Barack Obama will leave office as he entered it: dealing with the unfinished business and toxic legacy of the George W. Bush administration. From Iraq, to Gitmo, to the NSA, to the housing sector, to the banking sector, to a completely fouled up non-system of campaign finance, to an out-of-control fossil fuel industry, to a long-range structural budget deficit, to a politicized judiciary, and to a radicalized Republican Party: the trouble never ends, and all created by a swaggering crew that inherited peace and prosperity and a budget surplus after the most dubious ascension to power in American history.

It’s worth pondering isn’t it?

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the UN, NATO, and the trip-wire

I’m so sorry to write this missive as a lead article (for 15 minutes) but I don’t remember how to find the comments and respond to them. The lonely little side-bar response to my article I’ve not seen, except for half a sentence. It seemed to be saying that the old days are gone now, and so we need NATO and the JN. I agree. With NATO, it is the trip-wire provision that we go to war, automatically if any NATO nation is attacked, regardless of who the attacker is. This takes not only the United States Congress, but the president, as Commander in Chief, from the decision to go to war. I support both the UN and, if handled correctly, NATO. But President J. Reuben Clark and I oppose the automatic going to war. Just like the fools, the ancient general staffs of all sides in WW I. No one wanted that war. There was no Adolph Hitler in that war that destroyed the entire 20th century. Better to have shot the general staffs, who came to deserve exactly that. What President Clark called for, and I, are what the United States has always done, before NATO. That is, to have treaties of peace and friendship with our allies and then, should hostilities commence, such treaties would call for all parties to go to war, or not, as their constitutions provide. In this way, we don’t declare war against a nation, and surely all the people, have not yet been born. How, pray tell, do we justify going to war against, and for, people not, or no longer, live on earth. With a few caveats, ditto for the UN. No provision of law allows the UN to overreach Congress in the decision for war or peace. For anyone interested, read my book with the late Francis Wormuth, To Cain the Dog of War. It is by odds the best book ever written on the way we go to war. Every single war we’ve ever fought, including our wars against the Indian tribes, is there analyzed. Francis did not live to see this book in print. I worked two years after his death to finish it. And I updated it 4 or 5 times, alone. I still put my dear friend’s name first, because I am honored to be linked, now, forever. Something like Mormon marriage through time and eternity. ed firmage xoxo

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The War Power, The Sergeant, the Senator: Treason or Heroism

The Sergeant who some years ago left his post in that unnecessary and unwinnable war in
Afghanistan is either a hero, a traitor, or just a terribly young man in the wrong war at the wrong time. He spent terrible years of torture and probably said things he didn’t really mean.

Some years ago in Vietnam, Senator McCain was shot down over Vietnam, another unconstitutional war, and equally unwinnable war, confessed repeatedly to things he later recanted, once safely in the United States, and is, quite rightly regarded, despite his confessions to American war crimes, a hero. The two cases are not quite completely on all fours, as we say in the law. But the similarity is sufficient to compare with each other and with the undergirding of law.

Presidents, from George Washington to Barack Obama, who are visited by war, either their own or, like Obama, inherited from another (in Obama’s case two other) fools who preceded them, have always had this power. While not yet president, and without this act may well not have become president, Ronald Reagan communicated with Iran, telling them, in effect, just to refuse to deal with Carter on releasing our citizens from the U. S. Embassy in Iran, and await his presidency. Their deal (which killed Jimmie Carter’s hope for a second term and by the way was treason, meriting a firing squad.)

The 30, 60, 90 day notification of Congress is also unconstitutional, but not for the reasons the Republicans and Democrats alike, trumpet. Saint Paul, as I recall, said “this trumpet has an uncertain sound.” And I know he said that some leaders have “zeal without knowledge.” This is Republican and Democratic leaders on steroids, just like my former wife.

The reason the War Powers Act is unconstitutional is not what is now said by either Republicans or Democrats, as I told Joe Biden when he was both Minority Senior member of the Foreign Relations Committee of the Senate and when he was chair. I testified before his committee a few times, and he called me at the law school sometimes to chat about this. The reason is simple. Due to both a few but very senior Democrats and almost all Republicans, Congress forced the Demo’s to give the president 30, 60, or 90 days to play with Congress’ army while he picked his nose. War has not been officially declared since FDR did it in WW2. George Bush (the first) and Colin Powell, in my opinion, got it right, constitutionally, by voting 50-50 in the Senate, and then the Dark Lord, Vice President Cheney, broke the tie and we went to war in Iraq the right way by law; and they had the smarts to stop when their limited mission was accomplished. And until this time, the President, as Commander in Chief, has no constitutional power to use the United States armed forces, save self-defense.

In the Framers’ mind that means only when the United States of America, not our allies, are attacked. For Utahns, the reason J. Reuben Clark, my hero and a great patriot, a rock-ribbed Republican who served under many Republican presidents, served variously as chief legal adviser to the Department of State (then, as an deputy Attorney General on loan from Justice to State,,,,,,now called Legal Adviser to the State Department; and Vice Secretary of State, and Ambassador to Mexico; and advised many presidents between world wars one and two, on all arms control treaties between those to dreadful wars) opposed NATO was because it delegated the war power to a generation not yet born and for the defense of people, and nations, not yet born. Neither the United Nations (Korean War) nor NATO (Ukraine?) can declare war for the United States of America. This is the statement of law, the War Clause, that makes this beyond debate. Remember, that it is also the sole right of Congress: not the President of the United States, nor NATO, nor the United Nations, that decides what constitutes International law, as well. So, both Constitutional Law and International Law, save an attack on the United States, inform us that Congress, not the president or these international bodies, who determines for war or peace.

So screw the people and the Congress and president now living. When the president, any president, has this army to use, that army will never return to Congress’ care. This is unconstitutional because it is an illegal attempt to delegate to the President a plenary power, given exclusively, textually, to the Congress. Like the power over interstate commerce (the road by which most civil rights legislation is constitutional), along with the equal protection and due process of law clauses of the 5th and 14th amendments. It’s as if Congress were to say to Obama, “Say, friend, we’re so damned tired of life in Washington, despite the cherry blossoms, we will do what the Supreme Court does, and reconvene when good weather returns. We’re going to go to Balboa Island, California, where it’s nice and sunny, in ocean or on the beach, and pick our nose and scratch our butts. And better yet, we have one in eight chances not to pick both with the same finger. Even though we’ve proven, time out of mind, that we in Congress cannot chew gum and pick our nose, simultaneously (a great blessing). So, pres., you now have the taxing and the spending power, and we’ll sweeten the loaf by throwing into the pot, since you do have to stick around in this shitty weather, and give you the power also to fund and provide for the Army, Air Force, Coast Guard, and Navy. And don’t sweat it about financing things by the provision in the Constitution that spending bills begin in the House. Since you already have the taxing and spending power, do all this in the White House. P.S. please instruct the Treasury Department to deliver our checks, our salaries, and all the REALLY big bucks from the armaments industry and all those other lobbyists. We really have earned this right by selling our souls to the devil. Have a good life.

I say that both Senator and Soldier are bona fide heroes. Ed Firmage xoxox

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BREAKING: Obama Administration Cherry-Picked Syria Intelligence

Gareth Porter, today:

Contrary to the general impression in Congress and the news media, the Syria chemical warfare intelligence summary released by the Barack Obama administration Aug. 30 did not represent an intelligence community assessment…

Former intelligence officials told IPS that that the paper does not represent a genuine intelligence community assessment but rather one reflecting a predominantly Obama administration influence.

In essence, the White House selected those elements of the intelligence community assessments that supported the administration’s policy of planning a strike against the Syrian government force and omitted those that didn’t.

In a radical departure from normal practice involving summaries or excerpts of intelligence documents that are made public, the Syria chemical weapons intelligence summary document was not released by the Office of the Director of National Intelligence but by the White House Office of the Press Secretary.

…The issuance of the document by the White House rather than by [Director of National Intelligence James] Clapper, as had been apparently planned, points to a refusal by Clapper to put his name on the document as revised by the White House.

Clapper’s refusal to endorse it – presumably because it was too obviously an exercise in “cherry picking” intelligence to support a decision for war – would explain why the document had to be issued by the White House.

I should have realized that calling this document a “U.S. Government Assessment” was a red flag. It’s clearly NOT a formal National Intelligence Estimate (NIE), which is what Congress needs before making a decision to authorize another war. An NIE is a consensus of all 16 U.S. Government intelligence agencies. Nobody knows what a “U.S. Government Assessment” represents — it’s a brand new term.

Maybe now we know what Secretary of State Kerry meant when he told the Senate Foreign Relations Committee, “our intelligence community has scrubbed and re-scrubbed the evidence.”

More info:
U.S. Government Assessment of the Syrian Government’s Use of Chemical Weapons on August 21, 2013

UPDATE: Congressional Progressive Caucus Asks White House For Answers On Syria

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Nancy Pelosi’s Grandchild Explains Why President Obama Can’t Order an Attack on Syria

Today I actually got involved in an e-mail debate with none other than Talking Points Memo founder Josh Marshall (who never before has answered my e-mails). He contended that President Obama has complete authority as commander-in-chief to order an attack on Syria without congressional authorization, and he lectured me for allegedly being ignorant on the subject of constitutional war powers.

“It’s a complex topic,” said Marshall. “I simply don’t think this is as simple as only Congress has the right to get us into shooting wars.” He’s wrong of course, and I gave him some detailed arguments which I could repeat here, and maybe will in comments. But tonight on Lawrence O’Donnell’s MSNBC show I learned about another debate that quickly got to the point. I could not do better.

[Note: Please ignore the AIPAC ad]

House Minority Leader Nancy Pelosi (D-CA) emerged from a meeting with President Obama and other congressional leaders earlier today and publicly declared her continued support for military intervention in Syria. But before she left the press gaggle, she shared one last story about a curious conversation she had with her five-year-old grandson over Labor Day weekend.

Before she left her home in San Francisco, Pelosi said her grandson approached her with this question: “Are you ‘yes’ war with Syria, ‘no’ war with Syria?” First of all, she wanted everyone to know that “we’re not talking about war, we’re talking about an action” in Syria, but none-the-less she continued the anecdote.

When she asked her grandson what he thought, he said, “I think no war.” She proceeded to make her case to the young man, describing how Bashar al-Assad’s regime has “killed hundreds of children there.”

“Were these children in the United States?” her grandson asked, bringing up the salient point of how the strike will affect American interests.

She told him, no, but they are “children” wherever they are. “It affects our interests because, again, it was outside of the circle of civilized behavior,” she told reporters. “Humanity drew a line decades ago that I think if we ignore, we do so to the peril of many other people who could suffer.”

From her remarks, it sounds like Pelosi may not have been able to sway her five-year-old grandson. Will she be able to convince her colleagues in the House?

Attacking Syria would be a big mistake, the biggest of the Obama administration. Everyone can see it. The only division is between those who can admit this in public, and those who cannot.
Read the rest of this entry »

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Can the US Stop Being a Blundering Giant?

Perhaps the most painful part of the wildly ill-conceived response to 9/11 was the way in which the US behaved like a blundering giant, lashing out at the world, smashing things like Iraq that had nothing to do with the attacks.  The Bush administration’s policies – arrest, torture, secret prisons, drone attacks, two failed wars – were seductive and disastrous and arose from a worldview formed by the Cold  War that saw the world in stark, dualistic ways.

The Obama administration had been stymied by Congress in its efforts to close the prison at Guantanamo Bay.  They’ve managed to unwind our involvement in Iraq and Afghanistan and this week the President delivered the kind of speech that reminded me why I liked him in the first place – morally, ethically he seems to understand the issues, to speak them eloquently.  Too rarely, he’s matched his rhetoric and his action.  But at long last, it seems he wants to move our nation in the right direction, giving up the seductiveness of the imperial presidency and its vast powers.

In an article for the AP, from KSL, for example:

Some call it wishful thinking, but President Barack Obama has all but declared an end to the global war on terror.

Obama is not claiming final victory over extremists who still seek to kill Americans and other Westerners. Instead, he is refocusing the long struggle against terrorism that lies ahead, steering the United States away from what he calls an equally frightening threat – a country in a state of perpetual war. In doing so, Obama recasts the image of the terrorists themselves, from enemy warriors to cowardly thugs and resets the relationship between the U.S. and Islam.

The point is that the tools needed to successfully combat terrorists aren’t armies and drones.

Maureen Dowd, channeling her inner smart person, wrote about the President’s speech.

After four years of bending the Constitution, the constitutional law professor now in the White House is trying to unloose the Gordian knot of W.’s martial and moral overreaches after 9/11.

Safely re-elected, President Obama at long last spoke bluntly about the Faustian deals struck by his predecessor, some of them cravenly continued by his own administration.

The rest of her article describes her visit to Bush’s presidential library, with more than few choice phrases:

You could fill an entire other library with what’s not in W.’s.

And:

Decision Points Theater — a whiny “Well, you try being the Decider” enterprise — lets you make the decisions after getting taped briefings on W.’s crises from actors playing experts. But it is rigged with so many false binary options that the visitors I voted with ended up agreeing with Bush’s patently wrong calls on Iraq and Katrina.

I’m reminded that throughout his Presidency, Barack Obama has been a maddeningly cautious and centrist leader.  The result has been a slow, but steady, progression in the right direction.  No whiplash policy changes for this president, instead a constantly calibrating and recalibrating movement away from the disastrous policies of the Bush administration.

The War On Terror was always a misnamed, mishandled, misconceived thing, a disaster from beginning to end.  It was a fatally misconceived adventure that did more damage than good.  If at long last the Obama administration is turning away from it, rejecting its tactic and premises, I’ll suffice to say better late than never.

20 Comments

Did President Obama Just Apologize for the Drone Campaign?

Predator drone

Via Spencer Ackerman and HuffPo.

Here’s the take-away from President Obama’s speech today at the National Defense University at Fort McNair, in Washington DC.

The drone surge may finally be over. By some estimates, 98% of drone strike casualties were civilian noncombatants (50 for every one “suspected terrorist”). The Bureau of Investigative Journalism issued a report detailing how the CIA deliberately targeted rescuers who show up after an attack, and mourners at funerals as a part of a “double-tap” strategy eerily reminiscent of methods used by terrorist groups like Hamas.

In the months and years ahead, drone strikes once conducted by the CIA will become more of a U.S. military responsibility. The rules for launching the strikes will become stricter — there must be a “near certainty” that no civilians will be killed, for instance — and they’ll become less frequent. “To say a military tactic is legal, or even effective,” Obama said… “is not to say it is wise or moral in every instance.”

Yet neither Obama nor senior administration officials ruled out the most controversial aspect of Obama’s counterterrorism measures: so-called signature strikes, in which the CIA does not know the identities of the people it targets, but infers terrorist affiliation based on their observed patterns of behavior.

President Obama says he’s sorry.

Of the civilians who have died in the strikes, Obama said: “For me, and those in my chain of command, these deaths will haunt us as long as we live, just as we are haunted by the civilian casualties that have occurred through conventional fighting in Afghanistan and Iraq.”

Of course, the other guys kill civilians too.

“Let us remember that the terrorists we are after target civilians, and the death toll from their acts of terrorism against Muslims dwarfs any estimate of civilian casualties from drone strikes,” he added.

Read the rest of this entry »

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Ten Years Later: Yup, It Was Torture

It certainly took long enough. The new 577-page torture report from The Constitution Project’s bipartisan commission concluded (emphasis added):

The question as to whether U.S. forces and agents engaged in torture has been complicated by the existence of two vocal camps in the public debate. This has been particularly vexing for traditional journalists who are trained and accustomed to recording the arguments of both sides in a dispute without declaring one right and the other wrong. The public may simply perceive that there is no right side, as there are two equally fervent views held views on a subject, with substantially credentialed people on both sides. In this case, the problem is exacerbated by the fact that among those who insist that the United States did not engage in torture are figures who served at the highest levels of government, including Vice President Dick Cheney.

But this Task Force is not bound by this convention.

The members, coming from a wide political spectrum, believe that arguments that the nation did not engage in torture and that much of what occurred should be defined as something less than torture are not credible.

Robert Parry:

Now that a bipartisan blue-ribbon panel has reached the conclusion that President George W. Bush and his top advisers bear “ultimate responsibility” for authorizing torture in violation of domestic and international law, the question becomes what should the American people and their government do.

The logical answer would seem to be: prosecute Bush and his cronies (or turn them over to an international tribunal if the U.S. legal system can’t do the job). After all, everyone, including President Barack Obama and possibly even Bush himself, would agree with the principle that “no man is above the law.”

Interestingly enough, Section 3286 of the USA PATRIOT Act effectively abolished the statute of limitations for torture.

The U.N. Convention Against Torture, signed by President Reagan in 1988, compels all signatories who discover credible allegations that government officials have participated or been complicit in torture to “submit the case to its competent authorities for the purpose of prosecution” (Art. 7(1)).

Glenn Greenwald:

The disgrace of the American torture regime falls on Bush officials and secondarily the media and political institutions that acquiesced to it, but the full-scale protection of those war crimes (and the denial of justice to their victims) falls squarely on the Obama administration.

UPDATE: George W. Bush Library Opens, Amnesia Ensues

111 Comments

Obama Derangement: Let’s Make The Pie Higher

Liz Cheney

Media Matters gives us the short version: Liz Cheney: Get Over 2012 And Start Embracing Romneyism. Of course, it was President George W. Bush who originally said “We ought to make the pie higher.”

Cheney’s Wall Street Journal op-ed on Thursday un-apologetically recycles just about everything that voters rejected in 2012, and claims, without evidence, that “President Obama is the most radical man ever to occupy the Oval Office.”

This is from someone who was part of the Worst Administration Ever, that brought about truly radical right-wing policies from massive tax cuts for the rich to the torture of detainees and an outright war of aggression in Iraq. The Bush administration came close to wiping out the American middle class when the collapse of the financial sector caused U.S. households to lose about $16.4 trillion of net worth.

Jonathan Chait: Liz Cheney Is Even More Bonkers Than We Suspected

Even after four years of bug-eyed right-wing paranoia, Cheney’s op-ed stands out for its utter dearth of the slightest whiff of perspective or factual grounding.

This stuff is getting old. We had legitimate criticisms of the Bush administration’s actual radicalism, and Republicans dismissed it all as “Bush derangement syndrome.” Now prominent Republicans won’t stop ranting about their imaginary “radical” President Obama despite the fact he’s been center-right all along, even to the point of implementing Republican policies. At last year’s GOP convention Clint Eastwood presented a prime-time portrayal of the right-wing, yelling at an empty chair.

18 Comments

I’m Sorry, But I’m Just Going To Have To Throw This Out There.

Is it just me, or does it seem that nobody is watching out for us?

Alan Grayson, Elizabeth Warren and Bernie Sanders are.

Who else?

Does it seem like this babe is telling the truth?

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Ten Years Ago Today . . . And No It Was Not Worth It

I hate looking back.  Ten years ago today the US invastion of Iraq began. 

The push for war with Iraq felt like a time of public madness.  The American media has never been less absolutely incompetent than in those months.  Yeah, the media pretty much sucks now, but back then they were awful beyond the telling of it.  The largest peace rallies in history got no coverage.  American media has spent the last decade hoping no one reminds them how bad they were, how gullible, how insanely biased for the Bush administration they were and how they mindlessly lapped up any lie they were told. Read the rest of this entry »

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