Archive for February, 2009

Israel seizes West Bank land to expand settlements

February 17, 2009
Al Jazeera, Feb 16, 2009

Palestinians and peace activists have protested against Israeli settlements [GALLO/GETTY]

Israel has taken control of a large area near a prominent settlement in the Palestinian West Bank, paving the way for a possible construction of 2,500 settlement homes, officials have said.

Oded Revivi, the mayor of Efrat, said on Monday that the Israeli military has designated 425 acres near the settlement of about 1,600 families south of Jerusalem, as so-called
state land two weeks ago.

Revivi said Efrat plans to build 2,500 homes on that land, but government approval would still be needed before construction begins, a process that could take years.

Eventually, Efrat is to grow to a city of 30,000 people, he said.

The settlement is situated in one of three settlement blocs Israel expects to hold on to in any final peace deal with the Palestinians.

Revivi said nine appeals, eight of which were rejected and one was upheld, had been filed by Palestinian landowners.

‘Sticking point’

Al Jazeera’s Nour Odeh, reporting from Ramallah, West Bank, said the “confiscation [of the land], which by international law is deemed illegal, has been greeted with condemnation among Palestinian circles”.

“We’ve seen statements from these leaderships describing this measure as condemnable, calling on the international community to take a firm stance,” she said.

“… This will undoubtedly be a major sticking point when the US peace envoy George Mitchell visits the region towards the end of the month.

“This is what [the] Palestinians will be concentrating on. Already we’ve heard from the Palestinian president’s office that there will be no negotiations until all settlement activities in the occupied West Bank including east Jerusalem stops.”

Mahmoud Abbas, the Palestinian president, has warned that continued settlement expansion would cripple peace talks.

His aides said recently that peace talks can only resume after a settlement freeze.

Expansion could also create friction with the US, as Mitchell, the US Middle East envoy, has long called on Israel to halt construction in settlements.

Nearly 290,000 Israelis currently live in West Bank settlements.

At Least 31 Killed as US Drones Attack Kurram

February 17, 2009

Taliban Commander Reported Killed in Latest Attacks

Antiwar.com

Posted February 16, 2009

Three US Predator drones attacked a building in the Kurram Agency of Pakistan’s Federally Administered Tribal Areas (FATA) today, killing at least 31 people. The site was reportedly being used by the Tehreek-e Taliban Pakistan (TTP), the militant faction with whom the Pakistani government has recently been coming to terms in the Swat Valley. A commander named Bahram Khan Kochi was reportedly killed in the strike.

This is the second major US air strike against Pakistani targets in the past three days, and the fourth since President Obama took office. It is also the first strike in Kurram: so far the attacks have centered almost exclusively around neighboring North and South Waziristan.

The Pakistani government has not yet commented on the latest attack, but Foreign Minister Makhdoom Shah Mahmood Qureshi denied claims made by Senator Feinstein last week that the US drones were using Pakistani bases for the attacks. Qureshi also denied that any understanding exists regarding the repeated US attacks.

Related Stories

compiled by Jason Ditz [email the author]

The return of Marx

February 17, 2009

The ideas of Karl Marx–that class society creates great wealth for the few at the expense of the many–ring truer every day. Brian Jones examines Marx’s revolutionary ideas in this first of three articles.

IN THE last 150 years of U.S. history, you can’t point to a generation whose most active, radical layers have not been drawn to the ideas of Karl Marx.

Columnist: Brian Jones

Brian Jones Brian Jones is a teacher, actor and activist in New York City. His commentary and writing have been featured on GritTV, SleptOn.com and the International Socialist Review. Jones has also lent his voice to several audiobooks, including Noam Chomsky’s Hegemony or Survival, Howard Zinn and Anthony Arnove’s Voices of a People’s History of the United States and Zinn’s one-man play Marx in Soho (forthcoming from Haymarket Books).

This was true of the abolitionist movement (Marxist immigrants even fought with the Northern Army in the Civil War), the early pioneers of our labor movement, the hundreds of thousands (if not millions) who passed through Socialist and Communist Parties in the first half of the 20th century, and of the many thousands who joined the Black Panther Party and other parties that declared themselves against capitalism and in favor of socialism in the late 1960s and early 1970s.

Millions of people around the world have sought, from the Marxist tradition, a way to win a different kind of society free of poverty, oppression and war. That rather hopeful premise–that a different kind of world is actually possible–goes a long way toward explaining how it could be that the only book that can compete (in terms of paid sales) with the Bible is the Communist Manifesto.

It was that project–the fight for a better world–that motivated Marx. At his funeral, Marx’s lifelong collaborator and closest friend, Frederick Engels, said of him:

Marx was before all else a revolutionist. His real mission in life was to contribute, in one way or another, to the overthrow of capitalist society and of the state institutions which it had brought into being…Fighting was his element. And he fought with a passion, a tenacity and a success such as few could rival.

The global economic crisis has provoked renewed interest in the ideas of Karl Marx. (Eric Ruder | SW)

But when you try to go out and learn something about Marx, you will quickly discover that it is precisely this tenacious revolutionism that is discarded by mainstream treatments of him. “Marx had good ideas,” they want you to believe, “but don’t try to put them into practice.” Or, as another twist on the same idea: “He was good at analyzing the problems of capitalism, but obviously wrong about the solution.”

Time magazine recently published a feature article, “Rethinking Marx” (interestingly, it was available only in Britain), with essentially the same thesis:

Marx’s utopian predictions about revolution and the triumph of socialism were dead wrong; indeed, many of the policies carried out in his name in the 20th century brought misery to millions in countries ranging from Russia to China, and including large chunks of Africa.

Yet…if you leave aside the prophetic, prescriptive parts of Marx’s writings, there’s a trenchant diagnosis of the underlying problems of a market economy that is surprisingly relevant even today…He was moved by glaring inequalities between rich and poor that are more topical than ever today…

In short, Marx painted a picture of the capitalism’s excesses, but forget trying to replace it. Replacing capitalism, Time magazine warns, leads straight to Stalin’s prison labor camps. Time wants us to “leave aside the prescriptive parts,” which is like going to the doctor for a diagnosis, but not for a cure.

– – – – – – – – – – – – – – – –

MARX HAD a peculiar problem: People formed groups under his name–but Marx actually had fundamental disagreements with their ideas. “I, at least,” Marx was fond of joking, “am not a Marxist…God save me from my friends!”

In hindsight, it’s not too hard to see that figures like Stalin and Mao were precisely the sort Marx had in mind.

So what were Marx’s real ideas?

Let’s start with what Marx actually said about capitalism–the diagnosis. Of course, the occasion for Time magazine’s feature article–and this talk–is the current global economic crisis.

The free market, touted as the best way to run the world, is currently in free fall. Not only is the market apparently “broken” as an instrument for spreading wealth, it seems apparent to millions (if not billions at this point) that it was never intended to spread wealth in the first place.

New York Gov. David Paterson is making cuts in education and health care to fill a budget hole (for 2009-2010) of about $15 billion. He’s planning to cut funding for Head Start, Medicare and food stamps, for example.

Meanwhile, total Wall Street bonuses for 2008 ended up totaling $18.4 billion. Merrill Lynch alone handed out $4 billion in bonuses to top executives before going belly up. We could easily spend a whole evening imagining the miracles we could work if that kind of money were directed to social needs.

People who were hailed for decades as geniuses and heroes, are today exposed as frauds, liars and thieves. But none of the gurus of free-market capitalism were praised to the heavens like Alan Greenspan. Greenspan was the former head of the Federal Reserve, and he was one of those who supported getting rid of the regulations on Wall Street so that the free market could work its magic.

In his recent congressional testimony, though, he admitted that he found a “flaw” in his free-market model.

REP. HENRY WAXMAN: In other words, you found that your view of the world, your ideology, was not right, it was not working?

ALAN GREENSPAN: That is–precisely. No, that’s precisely the reason I was shocked, because I had been going for 40 years or more with very considerable evidence that it was working exceptionally well.

This should be called “The Madoff Defense”: Your honor, with all due respect, my house of cards did stand for almost 40 years.

Yes, Greenspan found a flaw. Shocking.

Now, it turns out that about 160 years ago, Marx also found a flaw with capitalism. The flaw is related to what makes capitalism so dynamic in the first place, which is the fact that

[t]he bourgeoisie cannot exist without constantly revolutionizing the instruments of production, and thereby the relations of production, and with them the whole relations of society…All fixed, fast-frozen relations…are swept away…before they can ossify. All that is solid melts into air…

Capitalism is driven forward by relentless competition, and in an incredibly short time (historically speaking), this new system has generated an immense output of wealth:

The bourgeoisie, during its rule of scarce one hundred years, has created more massive and more colossal productive forces than have all preceding generations together…machinery, application of chemistry to industry and agriculture, steam-navigation, railways, electric telegraphs, clearing of whole continents for cultivation…what earlier century had even a presentiment that such productive forces slumbered in the lap of social labor?

But the flaw is that all of production is unplanned. So the system has released this relentless innovative energy, but it’s out of human control, and every so many years, there’s a crisis.

Modern bourgeois society…a society that has conjured up such gigantic means of production and of exchange, is like the sorcerer who is no longer able to control the powers of the nether world whom he has called up by his spells…It is enough to mention the commercial crises that by their periodical return put the existence of the entire bourgeois society on trial, each time more threateningly…

There was a time, long ago, when people starved because there was not enough food. Food was under-produced. Along comes capitalism, and people starve because there’s too much food!

There’s also too many cars, too many TVs, too many basketballs…capitalism’s competitive production for profit, means there’s too many of everything, and inevitably therefore, a crisis.

In these crises, there breaks out an epidemic that, in all earlier epochs, would have seemed an absurdity–the epidemic of overproduction. Society suddenly finds itself put back into a state of momentary barbarism; it appears as if a famine, a universal war of devastation, had cut off the supply of every means of subsistence; industry and commerce seem to be destroyed; and why? Because there is too much civilization, too much means of subsistence, too much industry, too much commerce.

And to what do we owe the honor of our current economic catastrophe? Too many houses!

Not too many houses to house people. Not too many for the millions of homeless. Only too many to be sold at a profit. So houses must sit empty, people must be thrown out of work (2 million people were laid off in just the last four months), stores, factories and offices must be closed, it seems that a “universal war of devastation” is taking place–all so that the free market can repair itself.

– – – – – – – – – – – – – – – –

BUT EVEN without this flaw, even without overproduction, in “ordinary” times, even in a boom, great wealth and great poverty are two sides of the same capitalist coin.

How did rich people become rich, anyway? Are they rich because they’re so thrifty? Are they just more hardworking? No, it’s not just that some happen to be rich and others by chance are poor. Under capitalism, people are rich because others are poor. They’re rich because they exploit our labor–but it’s not obvious how that happens.

In ancient Egypt, if you were a slave, they said to you, “Good morning, you’re going to build that pyramid over there until you die. And no, we’re not going to give you anything in return. Get started.” If you were a peasant in the Middle Ages, the king would send a tax collector who would say, “Oh, what a wonderful crop you’ve grown! We’ll take half. Good job.”

It’s obvious that they’re stealing from you in those systems. In capitalism, however, it’s not as obvious.

Capitalists buy and then sell things to make a profit. But it’s not just a question of marking up the price in between. You couldn’t build a whole society on just marking up everything. All the markups would cancel each other out. Wealth has to be created somehow.

The capitalists buy a lot of things–raw materials, machinery, buildings and labor. Then they turn around a sell a product, hopefully for more than they paid for all of those ingredients. The trick is that one of those ingredients is different from the others, one of them is special: labor.

As Paul D’Amato put it in The Meaning of Marxism:

It is, Marx noted, a “good piece of luck” that labor’s use is greater than “what the capitalist pays for that use.” The value of labor power–that is, wages–is less than the value of output that this labor can produce. Put another way, workers produce enough value to cover the cost of their wages…in just part of the working day. The labor performed for the rest of the working day does not have to be paid for–it is “surplus labor,” which produces “surplus value,” and therefore when the product is sold, this unpaid portion goes into the pocket of the capitalists.

That our wages are calculated as an hourly payment hides the fact that for part of every working day, the boss is actually getting something for nothing. Ultimately, that’s why capitalism creates such disparities of wealth–it’s a system where a few people exploit the labor of many.

For a moment, though, leave aside the exploitation. Leave aside the endemic poverty, leave aside the cyclical crises. There remains the fact that capitalism perverts human nature. Marx called this perversion “alienation.”

What does this mean? Keep in mind that creative, social labor is what makes us human in the first place–work, in other words. Under capitalism, however, we don’t have any real control over our work. So the very thing that makes us human, is the thing this system takes from us. In Marx’s words:

What constitutes the alienation of labor?

Firstly, the fact that labor is external to the worker–i.e., does not belong to his essential being; that he, therefore, does not confirm himself in his work, but denies himself, feels miserable and not happy, does not develop free mental and physical energy, but mortifies his flesh and ruins his mind. Hence, the worker feels himself only when he is not working; when he is working, he does not feel himself. He is at home when he is not working, and not at home when he is working. His labor is, therefore, not voluntary but forced, it is forced labor. It is, therefore, not the satisfaction of a need but a mere means to satisfy needs outside itself. Its alien character is clearly demonstrated by the fact that as soon as no physical or other compulsion exists, it is shunned like the plague.

Imagine a bird that hates to fly, or a fish that loathes nothing more than swimming, and you have an idea of just what kind of alienated creatures we are, living under a system that makes us hate working.

That’s a super-brief sketch of what Marx had to say about capitalism’s crises, about surplus value and about alienation.

NEXT: How Marx became a Marxist

US ‘War on Terror’ Eroded Rights Worldwide – Experts

February 17, 2009

by Laura MacInnis | CommonDreams.org

GENEVA – Washington’s “war on terror” after the Sept. 11 attacks has eroded human rights worldwide, creating lingering cynicism that the United Nations must now combat, international law experts said on Monday.

[An Afghan child peers from the window of his classroom in the village of Surobi in early December. American envoy Richard Holbrooke has held talks with Afghan President Hamid Karzai as part of a review of Washington's fight against extremism, after the Afghan leader warned of a "crisis" with his US backers. (AFP/File/Joel Saget)]An Afghan child peers from the window of his classroom in the village of Surobi in early December. American envoy Richard Holbrooke has held talks with Afghan President Hamid Karzai as part of a review of Washington’s fight against extremism, after the Afghan leader warned of a “crisis” with his US backers. (AFP/File/Joel Saget)

Mary Robinson, who was the U.N. High Commissioner for Human Rights when al Qaeda militants flew hijacked planes into the World Trade Center and Pentagon in 2001, said the United States caused harm with some of the ways it responded.”Seven years after 9/11 it is time to take stock and repeal abusive laws and policies,” the former Irish president said, warning that harsh U.S. detentions and interrogations in Iraq, Afghanistan, and Guantanamo Bay, Cuba gave a dangerous signal to other countries that could easily follow suit.

While new U.S. President Barack Obama has announced he will close Guantanamo to break from the practices of his predecessor George W. Bush, Robinson said sweeping changes needed to take place to ensure Washington abandons its “war paradigm”.

“There has been severe damage and it needs to be addressed,” she told a news conference in Geneva. “We are not more secure. We are more divided, and people are more cynical about the operation of laws.”

Arthur Chaskalson, former chief justice of South Africa, said that the United States should launch an inquiry into its counter-terrorism practices, including acts of torture by individual security and intelligence agents.

Although counter-terrorism issues have faded from the front pages since the change of government in Washington, Chaskalson said such practices have shifted around the world and could keep restricting liberties if they are not confronted head-on.

“We all have less rights today than we had five or 10 years ago, and if nothing happens, we will have even less,” he told a Geneva briefing to launch an International Commission of Jurists (ICJ) report on counter-terrorism and human rights.

ABUSE MONITORING

The report found that many undemocratic states have referred to U.S. counter-terrorism practices to justify their own abuses, a trend Robinson said was particularly alarming.

She called on the U.N. Security Council and Human Rights Council to step up their abuse monitoring and to assist poorer nations with police training to better target rights violators.

Counter-terrorism policies worldwide should also be put under the microscope, according to Robinson. “It could warrant a special session of the Human Rights Council,” she said.

The 47-member-state body has previously had special sessions on Israel and the Palestinians, Sudan’s Darfur region, Myanmar, the Democratic Republic of Congo, and high food prices, and will assess the global financial crisis on Friday.

Robinson also questioned the effectiveness of the Council’s universal periodic review, under which every U.N. member has its rights record assessed on a regular rotation.

“We have looked at some of the universal periodic reviews of countries that we know from our hearings have severely abused human rights in their counter-terrorism measures, and it is a soft review, there is no accountability,” she said. “There is a necessity now for leadership at the United Nations.”

Countries recently reviewed by the Council include China, Russia, Germany, Canada, Saudi Arabia, and Mexico. Hearings for the ICJ report took place in Bogota, Nairobi, Sydney, Belfast, London, Rabat, Washington, Buenos Aires, Jakarta, Moscow, Delhi, Islamabad, Toronto, Ottawa, Jerusalem, Cairo, and Brussels.

Torture Report Erodes War Criminal President Bush’s Defense

February 16, 2009

Jason Leopold | Consortiumnews.com, Feb 15, 2009

A key line in George W. Bush’s defense against war crimes charges has weakened with the disclosure that an internal Justice Department watchdog has concluded that the legal advice, which cleared the way for Bush’s policies on torture and other abuse of detainees, was tainted by political influence.

An investigation by H. Marshall Jarrett, head of the Justice Department’s Office of Professional Responsibility, reached “damning” conclusions about numerous cases of “misconduct” in the advice from John Yoo and other lawyers in the Office of Legal Counsel during the Bush administration, according to legal sources familiar with the report’s contents.

OPR investigators determined that Yoo blurred the lines between an attorney charged with providing independent legal advice to the White House and a policy advocate who was working to advance the administration’s goals, said the sources who spoke on condition of anonymity because the contents of the report are still classified.

One part of the OPR report criticized Yoo’s use of an obscure 2000 health benefits statute to narrow the definition of torture in a way that permitted waterboarding and other acts that have historically been regarded as torture under U.S. law, the sources said.

The report also criticizes Yoo’s legal theories that the President of the United States had the right to suspend Fourth Amendment protections against unreasonable searches and seizures, the sources said. It is believed that Yoo’s legal theories led to a warrantless wiretap program after 9/11.

The OPR report was completed late last year but was kept under wraps by Attorney General Michael Mukasey while Bush finished out his days in office, the sources said.

Bush’s Defense

The OPR’s findings could influence whether Bush and other senior officials are held to account for torture and other war crimes. Bush has pinned his defense on the fact that he had received advice from Yoo and other Justice Department lawyers that the brutal interrogations of “war on terror” detainees did not constitute torture or violate other laws of war.

Bush’s line of defense could collapse if it were determined that the lawyers were colluding with administration officials in setting policy, rather than providing objective legal analysis. Already, extensive evidence exists, including Yoo’s own writings, showing that he participated in high-level administration meetings to discuss and set policy.

For instance, in his 2006 book War by Other Means, Yoo describes his involvement in frequent White House meetings regarding what “other means” should receive a legal stamp of approval. Yoo, who was a deputy assistant attorney general assigned to the powerful Office of Legal Counsel at the Justice Department, wrote:

“As the White House held its procession of Christmas parties and receptions in December 2001, senior lawyers from the Attorney General’s office, the White House counsel’s office, the Departments of State and Defense and the NSC [National Security Council] met a few floors away to discuss the work on our opinion. …

“This group of lawyers would meet repeatedly over the next months to develop policy on the war on terrorism. We certainly did not all agree, nor did we always get along, but we all believed that we were doing what was best for the nation and its citizens.

“Meetings were usually chaired by Alberto Gonzales,” who was then White House counsel and later became Bush’s second Attorney General. Yoo identified other key players as Timothy Flanigan, Gonzales’s deputy; William Howard Taft IV from State; John Bellinger from the NSC; William “Jim” Haynes from the Pentagon; and David Addington, counsel to Vice President Dick Cheney.

What Yoo’s book and other evidence make clear is that the lawyers from the Justice Department’s OLC weren’t just legal scholars handing down opinions from an ivory tower; they were participants in how to make Bush’s desired actions “legal” even if the arguments were professionally flawed.

For instance, the Aug. 1, 2002, OLC opinion known as the “torture memo,” which opened the door to abusive tactics such as waterboarding, which subjects a detainee to the sensation that he is drowning, was rescinded soon after Jack Goldsmith became head of the OLC in fall 2003.

Goldsmith later described the opinion as “legally flawed” and “sloppily written.” The OPR report concurs in Goldsmith’s judgment, the sources said.

Congressional Interest

Asked to comment about the OPR report and the disclosure that Mukasey blocked its delivery to Congress, staffers for Democratic Sens. Dick Durbin and Sheldon Whitehouse said they were working on a letter to Jarrett to inquire about the circumstances that resulted in the report being kept under wraps.

A year ago, Whitehouse and Durbin discovered the existence of the internal probe after writing a letter to the Justice Department’s watchdog agencies requesting an investigation into the role “Justice Department officials [played] in authorizing and/or overseeing the use of waterboarding by the Central Intelligence Agency… and whether those who authorized it violated the law.”

The questions posed by the senators included whether the legal advice met professional standards and whether the lawyers were “insulated from outside pressure to reach a particular conclusion?” Whitehouse and Durbin also asked what role was played by Bush’s White House and the CIA in possibly influencing “deliberations about the lawfulness of waterboarding?”

Jarrett responded by saying the senators’ concerns were already part of a pending investigation that OPR was conducting into the genesis of the Aug. 1, 2002, legal opinion.

Because Yoo no longer works for the Justice Department, OPR can only recommend state bar associations conduct a review of his work to determine if he breached ethics and should be punished. The punishment could include disbarment.

The report also recommends state bar associations review the work of Jay Bybee, who was Yoo’s boss at the OLC, the sources said. Bybee signed the so-called torture memo and other controversial legal opinions that Yoo helped to draft.

Troubling Narrative

OPR investigators poured over thousands of pages of internal Justice Department e-mails and White House memos over the past four years and built a disturbing narrative about Yoo’s work, the sources said, adding that OPR investigators also examined Yoo’s book for further evidence that he had fixed the law around the administration’s policy interests.

In War by Other Means, Yoo wrote: “The only way to prevent future September 11s will be by acquiring intelligence. The main way of doing that is by interrogating captured al-Qaeda leaders or breaking into their communications…. In an opinion eventually issued on Jan. 22, 2002, OLC concluded that al-Qaeda could not claim the benefits of the Geneva Conventions.”

In the context of explaining why detainees were not entitled to the benefits of the Geneva Convention or prisoner of war status, Yoo wrote:

“When our group of lawyers visited Gitmo, the Marine general in charge told us that several of the detainees had arrived screaming that they wanted to kill guards and other Americans. …

“Many at Gitmo are not in a state of calm surrender. Open barracks for most are utterly impossible; some al-Qaeda detainees want to kill not only guards, but their peers who might be cooperating with the United States. The provision of ordinary POW rights…is infeasible.”

Yoo’s argument that only quiet POWs “in a state of calm surrender” should qualify for Geneva protections might be news to many former U.S. POWs, including Sen. John McCain, who have boasted about their various forms of resistance to their captors.

Yoo added that a few weeks after he returned from Guantanamo “the lawyers met again in the White House Situation Room to finally resolve the issue for presidential decision.”

“If Geneva Convention rules were applied, some believed they would interfere with our ability to apprehend or interrogate al-Qaeda leaders,” Yoo wrote. “We would be able to ask Osama bin Laden loud questions and nothing more. Geneva rules were designed for mass armies, not conspirators, terrorists or spies.”

Long Battle

The OPR probe was launched in mid-2004 after a meeting in which Jack Goldsmith, then head of the OLC, got into a tense debate with then-White House counsel  Alberto Gonzales about the torture memo. Following the meeting, Goldsmith, who had rescinded the memo, resigned.

According to people familiar with the OPR report, Yoo was briefed on the report in January.  Yoo is said to have informed officials at the University of California at Berkeley, where he is a tenured law professor, according to two senior law school officials.

Yoo is now a visiting law professor at Chapman University School of Law in Orange, California, where he teaches foreign relations law. I approached him on campus recently and asked him about the report’s findings but he refused to comment. Chapman University officials also declined to comment.

In a letter to faculty and students last December, Law School Dean John Eastman said “Chapman University officials have received several notes of concern about my decision to offer Professor John Yoo a distinguished visitorship at the Chapman University School of Law.”

“I would encourage those who object to Professor Yoo’s appointment here to read his scholarly work on the subject of Executive power, and in particular the memos he authored while serving in the administration,” Dean Eastman wrote Dec. 18, 2008. “You will find that Yoo’s position, while disputed, is far from ignorant or disrespectful of the Constitution.”

Dawn Johnsen, who has been tapped by President Barack Obama to head the Office of Legal Counsel, has publicly criticized the work of Yoo and other OLC officials under Bush. In a 2006 Indiana Law Journal article, she said the function of OLC should be to “provide an accurate and honest appraisal of applicable law, even if that advice will constrain the administration’s pursuit of desired policies.”

“The advocacy model of lawyering, in which lawyers craft merely plausible legal arguments to support their clients’ desired actions, inadequately promotes the President’s constitutional obligation to ensure the legality of executive action,” said Johnsen, who served in the OLC under President Bill Clinton.

In a 2007 UCLA Law Review article, Johnsen said Yoo’s Aug. 1, 2002, torture memo is “unmistakably” an “advocacy piece.”

“OLC abandoned fundamental practices of principled and balanced legal interpretation,” Johnsen wrote. “The Torture Opinion relentlessly seeks to circumvent all legal limits on the CIA’s ability to engage in torture, and it simply ignores arguments to the contrary.

“The Opinion fails, for example, to cite highly relevant precedent, regulations, and even constitutional provisions, and it misuses sources upon which it does rely. Yoo remains almost alone in continuing to assert that the Torture Opinion was ‘entirely accurate’ and not outcome driven.”

[For another story about the OPR report, see Newsweek’s “A Torture Report Could Spell Big Trouble for Bush Lawyers.”]

Does Zionism legitimize every act of violence?

February 16, 2009

By Gideon Levy | Haaretz, Israel,

February 16, 2009

The Israeli left died in 2000. Since then its corpse has been lying around unburied until finally its death certificate was issued, signed, sealed and delivered on Tuesday. The hangman of 2000 was also the gravedigger of 2009: Defense Minister Ehud Barak. The man who succeeded in spreading the lie about there being no partner has reaped the fruit of his deeds in this election. The funeral was held two days ago.

The Israeli left is dead. For the past nine years it took the name of the peace camp in vain. The Labor Party, Meretz and Kadima had pretensions of speaking in its name, but that was trickery and deceit. Labor and Kadima made two wars and continued to build Jewish settlements in the West Bank; Meretz supported both wars. Peace has been left an orphan. The Israeli voters, who have been misled into thinking that there is no one to talk to and that the only answer to this is force – wars, targeted killings and settlements – have had their say clearly in the election: a closing sale for Labor and Meretz. It was only the force of inertia that gave these parties the few votes they won.

There was no reason for it to be otherwise. After many long years when hardly any protest came from the left, and the city square, the same square that raged after Sabra and Chatila, was silent, this lack of protest has been reflected at the ballot box as well. Lebanon, Gaza, the killed children, cluster bombs, white phosphorus and all the atrocities of occupation – none of this drove the indifferent, cowardly left onto the street. Though ideas of the left have found a toehold in the center and sometimes even on the right, everyone from former prime minister Ariel Sharon to Prime Minister Ehud Olmert has spoken in a language that once was considered radical. But the voice was the voice of the left while the hands were the hands of the right.

On the fringes of this masked ball existed another left, the marginal left – determined and courageous, but minuscule and not legitimate. The gap between it and the left was supposedly Zionism. Hadash, Gush Shalom and others like them are outside the camp. Why? Because they are “not Zionist.”

And what is Zionism nowadays? An archaic and outdated concept born in a different reality, a vague and delusive concept marking the difference between the permitted and the proscribed. Does Zionism mean settlement in the territories? Occupation? The legitimization of every act of violence and injustice? The left stammered. Any statement critical of Zionism, even the Zionism of the occupation, was considered a taboo that the left did not dare break. The right grabbed a monopoly on Zionism, leaving the left with its self-righteousness.

A Jewish and democratic state? The Zionist left said yes automatically, fudging the difference between the two and not daring to give either priority. Legitimization for every war? The Zionist left stammered again – yes to the beginning and no to the continuation, or something like that. Solving the refugee problem and the right of return? Acknowledgment of the wrongdoing of 1948? Unmentionable. This left has now, rightly, reached the end of its road.

Anyone who wants a meaningful left must first air out Zionism in the attic. Until a movement that courageously redefines Zionism arises from the mainstream, there will be no broad left here. It is not possible to be both leftist and Zionist only in accordance with the right’s definition. Who has decided that the settlements are Zionist and legitimate, and the struggle against them is neither?

This taboo must be broken. It is permissible not to be a Zionist, as commonly defined today. It is permissible to believe in the Jews’ right to a state and yet come out against the Zionism that engages in occupation. It is permissible to believe that what happened in 1948 should be put on the agenda, to apologize for the injustice and act to rehabilitate the victims. It is permissible to oppose an unnecessary war from its very first day. It is permissible to think that the Arabs of Israel deserve the same rights – culturally, socially and nationally – as Jews. It is permissible to raise disturbing questions about the image of the Israel Defense Forces as an army of occupation, and it is even permissible to want to talk to Hamas.

If you prefer, this is Zionism, and if you prefer, this is anti-Zionism. In any case, it is legitimate and essential for those who do not want to see Israel fall victim to the insanities of the right for many more years. Anyone who wants an Israeli left must say “enough” to Zionism, the Zionism of which the right has taken complete control.

Miliband faces new ‘torture cover-up’ storm

February 16, 2009

Richard Norton-Taylor | The Guardian, Monday 16 February 2009

David Miliband, the foreign secretary, was last night facing fresh pressure over torture allegations after it was revealed that his officials asked the US for help in suppressing crucial evidence.

The Foreign Office solicited a letter from the US to back up its claim that if the evidence was disclosed, Washington could stop sharing intelligence with Britain. The claim persuaded two high court judges earlier this month to suppress what they called “powerful evidence” relating to the ill treatment of Binyam Mohamed, the British resident being held in Guantánamo Bay.

In response to the British request, John Bellinger, the state department’s chief legal adviser, said in a letter to the Foreign Office last August: “We want to affirm the public disclosure of these documents is likely to result in serious damage to US national security and could harm existing intelligence information-sharing arrangements between our two governments”.

In their judgment, Lord Justice Thomas and Mr Justice Lloyd Jones made it clear that without Miliband’s claim about what they called the “gravity of the threat” from the US, they would have ordered the evidence to be revealed. Though the judges repeatedly used the word “threat”, Miliband subsequently denied the US had threatened to stop sharing intelligence with Britain.

Miliband’s denial last week led lawyers for Mohamed and the media, including the Guardian, to ask the judges to reopen the case on the grounds that the foreign secretary had fundamentally undermined his case. The judges agreed, against Foreign Office opposition, to reopen the case next month.

Clive Stafford Smith, director of Reprieve, the legal charity which represents Mohamed, said yesterday: “This just isn’t going to go away unless both the US and the UK stop trying to suppress evidence of torture”.

“The Lancet” reveals horrendous Israeli war crimes

February 16, 2009

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Dr Gideon Polya | uruknet.info, Feb 14, 2009

The horrendous mortality and morbidity statistics revealed by the paper “The Wounds of Gaza“, just published in the prestigious medical journal The Lancet  are truly shocking – 1,350 killed (60% children) and 5,450 severely wounded (40% children) in reprisals for zero (0) Israeli deaths from Gaza rockets in the preceding year. This demands International Criminal Court and intra-national prosecutions (e.g. in major Israeli military R & R destination countries Australia, the US, the UK and India) and Sanctions and Boycotts against Apartheid Israel by all decent Australians and indeed all decent people around the world.

The Gaza Strip is a self-governing Apartheid Israeli Concentration Camp ruled by the Hamas Government which won 76 out of 132 seats in the Occupied Palestinian Parliamentary elections held under Israeli guns in 2006 (Fatah won 43 seats) (see: http://en.wikipedia.org/wiki/Hamas ). The Israelis responded by arresting as many Hamas MPs as they could find, the remainder fleeing to Gaza. In the current Israeli Gaza Massacre, the Israelis are evidently bent on “finishing the job” (they have already destroyed the Gaza Parliament House). The war criminal, pro-Zionist Western backers of Apartheid Israel followed suit by declaring the democratically elected Hamas MPs to be “terrorists” and only dealing with the Fatah.

Under the loathed, Nazi-style, racist Apartheid régime in South Africa its Bantustans were policed by police and the worst atrocity was the 1960 Sharpeville Massacre in which South African police killed 69 African protesters (see: http://en.wikipedia.org/wiki/Sharpeville_massacre ) – “The official figure is that 69 people were killed, including 8 women and 10 children, and over 180 injured, including 31 women and 19 children”.

Gaza – what the Catholic Church via Vatican justice and peace minister Cardinal Renato Martino and leading US conservative Pat Buchanan both call an Israeli-guarded Gaza Concentration Camp (see:  http://www.theaustralian.news.com.au/story/0,25197,24888817-15084,00.html and http://www.youtube.com/watch?v=em8tREX9L8o )  – remains under blockade and under dire threat of further Israeli atrocities, this latest atrocity involving 1,350 Palestinians killed in asserted reprisals for zero (0)  Israeli deaths from Gaza rockets in the preceding year and 28 Israeli deaths from Gaza missiles in the preceding 8.25 years, this latter statistic yielding an “annual homicide rate” in “persons killed per million of population” of 0.5 (Israelis killed by Gaza missiles) – as compared to 0.5 (rapist husbands killed by raped wives), 1.0 (violent husbands killed by battered wives), 15 (Israelis by Israelis), 56 (Americans), 100 (Americans by guns), 164 (Palestinians killed violently by Israelis), 200 (African-Americans), 473 (citizens of Detroit, Michigan, USA) and 902 per million per year  (annual Palestinian non-violent deaths through war criminal, Geneva Convention-violating Israeli-imposed deprivation) (see Dr Gideon Polya, “Palestinian-Israeli Death Ratios . Nazi-style Israeli Gaza War Crimes”:  http://mwcnews.net/content/view/27795/42/ ).

However the numerically vastly greater Israel atrocity lies in the avoidable deaths (excess deaths) in the Occupied Palestinian Territory  due to Occupier refusal to supply life-sustaining food, medicine and medical services to its conquered subjects “to the fullest extent of the means available to it”, as unequivocally demanded by Articles 55 and 56 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War (see: http://www.unhchr.ch/html/menu3/b/92.htm ).

3,000 under-5 year old Occupied Palestinian infants die every year (about 80% avoidably), this corresponding to 3,000/ 0.7 = 4,286 total avoidable deaths annually (see “Layperson’s Guide to Counting Iraq Deaths”: http://mwcnews.net/content/view/5872/26/ ), and 4,286 x 8.25 = 35,360 non-violent Occupied Palestinian deaths since September 2000, in addition to the 6,200 violent Occupied Palestinian deaths at the hands of Apartheid Israelis in this period.

In the period 1967-2009 in the Occupied Palestinian Territory, post-invasion non-violent excess deaths totalled 0.3 million; post-invasion violent deaths at the hands of Israelis totalled about 10,000; post-invasion under-5 infant deaths totalled about 0.2 million; there are over 7 million Palestinian refugees (4.3 million registered with the UN) – a Palestinian Holocaust and a Palestinian Genocide as defined by Article 2 of the UN Genocide Convention (see: http://www.edwebproject.org/sideshow/genocide/convention.html ).

Here are some shocking statistics from this report published in one of the World’s top medical journals, The Lancet (see: http://www.thelancetglobalhealthnetwork.com/archives/608 ), quote: “The wounds of Gaza are deep and multi-layered. Are we talking about the Khan Younis massacre of 5,000  in 1956 or the execution  of 35,000 prisoners of war by Israel in 1967? Yet more wounds of the First Intifada, when civil disobedience by an occupied people against the occupiers resulted in massive wounded and hundreds dead?  We also cannot discount the 5,420 wounded in southern Gaza alone since 2000. Hence what we are referring to below are only that of the invasion as of 27 December 2008.

Over the period of 27 December 2008 to the ceasefire of 18 Jan 2009, it was estimated that a million and a half tons of explosives were dropped on Gaza Strip. Gaza is 25 miles by 5 miles and home to 1.5 million people. This makes it the most crowded area in the whole world. Prior to this Gaza has been completely blockaded and starved for 50 days.  In fact since the Palestinian election Gaza has been under total or partial blockade for several years….

Death toll

As of 25 January 2009, the death toll was estimated at 1,350 with the numbers increasing daily. This is due to the severely wounded continuing to die in hospitals. 60% of those killed were children.

Severe injuries

The severely injured numbered 5,450, with 40% being children. These are mainly large burns and polytrauma patients.” End quote.

While in the 1960 Sharpeville Massacre the South African police used handguns, the weapons used by Israelis on its Gaza Concentration Camp in 2008-2009 included phosphorus bombs (inflicts horrendous burns), heavy bombs including depleted uranium and DIME bombs (limb-slicing dense inert material explosives), fuel air explosives (bunker busters and implosion bombs),  silent bombs (a new particle weapon?) and “conventional” automatic handguns (that were also used in documented executions of Gaza civilians ordered out of their homes by Israeli troops).

These atrocities demand (1) direct UN military intervention armed with already-passed UN General Assembly and Security Council Resolutions; (2) intra-national and inter-national Sanctions and Boycotts against Israel, its Zionist or pro-Zionist backers in the US, Canada, the UK, the EU and Australia and indeed against all the countries backing Israel; and (3) arrest and trial before the International Criminal Court (ICC) of all complicit Israeli politicians, officials and military wherever they can be apprehended throughout the world.

One of the best-known Jewish scholars in the world today, Professor Jared Diamond, in his best-selling book “Collapse (Prologue, p10, Penguin edition) enunciated the “moral principle, namely that it is morally wrong for one people to dispossess, subjugate, or exterminate another people” – an injunction grossly violated by Israel.

Further, “zero tolerance for racism”, “never again to anyone” and “bear witness” are the fundamental, moral messages from the Jewish Holocaust (5-6 million dead, 1 in 6 dying from deprivation), the World War 2 Holocaust in general (30 million Slav, Jewish and Roma dead) and the World War 2 Eastern Theatre Holocaust (35 million Chinese dead under Japanese occupation and 6-7 million Indians starved to death by the British in the man-made 1943-1945 Bengal Famine – for details of the latter “forgotten” Bengali Holocaust see the BBC broadcast in which I participated together with 1998 Economics Nobel Laureate Professor Amartya Sen, Harvard University, medical historian Dr Sanjoy Bhattacharya, Wellcome Institute, University College London, and other scholars: http://www.open2.net/thingsweforgot/bengalfamine_programme.html ; see also “Media lying over Churchill’s crimes. British-Indian Holocaust”: http://mwcnews.net/content/view/26713/42/ ).

These fundamental moral injunctions from the Jewish Holocaust and the World War 2 Holocaust in general of “zero tolerance for racism”, “never again to anyone” and “bear witness” are also being grossly violated by the Zionists running Israel and their racist, genocidal US Alliance backers..

If the World unjustly continues to accept that after 40 years of  Israeli Occupation it is “right” for 4 million Occupied Palestinians (50% children, 75% women and children)  to continue to be subject to highly abusive, race-based mass imprisonment without charge or trial then it should at least urgently insist  that they should be Occupied immediately by a Civilized  Country e.g. by  a peace-keeping force from a Civilized Country such as Costa Rica (no army), Switzerland (neutral country) or Fiji (distinguished record of participation in peace-keeping) with International and US Guarantees of territorial integrity and total airport level security for Nazi-style, Zionist, Apartheid Israel.

Why Obama Should Reconsider His Afghanistan Pledge

February 16, 2009

Col. Daniel Smith | Foreign Policy In Focus, February 16, 2009

Last week Secretary of Defense Robert Gates briefed President Barack Obama on Afghanistan and the Pentagon’s proposal to send 15,000 more troops there by late spring. Obama is expected to accept the plan as a “down payment” on his pledge during the campaign to put more troops into the fight against al-Qaeda and the Taliban insurgents. These troops are only about half the number requested by the field commanders, and Gates will return with a new request soon.

This decision — and the original campaign pledge — gave many pause about supporting Obama. It doesn’t serve the interests of either the United States or Afghanistan. After all, no U.S. “vital national interest” is involved. President George W. Bush chose to use military force as a form of retribution for September 11, 2001. And as long as foreign military forces are in Afghanistan, the Afghan people and government can’t exercise full sovereignty in accord with their traditions.

Nor is this decision a positive development for the U.S. soldiers and Marines expected to pick up the pace of operations in Afghanistan. With the “insurgents” adopting tactics from their Iraqi counterparts, the terrible toll of Iraq will be repeated, indeed compounded, in Afghanistan.

The units to be sent as “down payment” will be two Army Brigade Combat Teams and one of Marines. Originally slated for Iraq, they’re going to Afghanistan because security in Iraq has “improved” to the point that fewer U.S. troops are needed there. One unit that had undergone training for deployment to Iraq is already in the process of establishing its base camp in southern Afghanistan.

The Wrong War

Afghanistan isn’t the “good war.” It’s wrong not only for Afghanistan but for U.S. soldiers. Before he agreed to Gates’ request, Obama should have paid close attention to three recent developments.

The first was the Army’s announcement that once again in 2008, a record number of service members — 128 — committed suicide. No Pentagon official was prepared to go on record to discuss the causes of this annual record-setting death toll. Even off-record murmurings were generally confined to the usual financial, personal, legal, and work-related factors. But if one examines the records, what jumps out is the correlation between multiple combat tours (until recently 15 months’ duration), the number of cases of Post-Traumatic Stress Disorder (PTSD), and suicides. Over the last four years, 30% of suicides occurred during deployment and 35% after completing a deployment. As for PTSD among soldiers with multiple tours, the rates of occurrence continue to be substantially higher than among soldiers on their first deployment.

There has also been an increase in instances of domestic violence and an accelerating divorce rate for returning troops. For some months, the Pentagon has known that one-third of women serving in the military claimed they were victims of sexual harassment. Last week, CBS News, in a two-part report, said that nationwide police statistics reveal that in 50% of domestic violence cases, at least one person involved was in the military. Over the last 10 years, almost 90 women have been killed.

High-Altitude Assignment

The third development involves the particular geography of Afghanistan. The United States plans to base its reinforcements in an extremely rugged and high-altitude part of Afghanistan. Despite these conditions, the weight of equipment and protective personal armor the individual soldier is expected to carry has gone from a maximum of 65-80 pounds — even as an infantry platoon leader I never came close to carrying such a load on a “forced march” during training — to 130-150 pounds for a typical three-day mission. That’s as much as three times the recommended weight load of 50 pounds per Marine in a 2007 Department of the Navy study. The combination of high altitudes with thinner oxygen, rugged terrain that limits vehicle usage, and the weight of equipment deemed essential is causing a new kind of stress that is putting more troops out of commission. The Army lists 257,000 acute orthopedic injuries (muscular or skeletal stress or fractures) for 2007, up by 10,000 from 2006.

The increased number of troops Obama plans to send to Afghanistan — together with the growing number of temporary and, more seriously, “permanent non-deployables” from physical and psychological stress — could leave the Army once again resorting to enlist anyone who can walk and carry a weapon. That will include many who suffer from PTSD but who, being part of the “warrior culture,” are reluctant to seek help.

Obama was elected in part because the American public was tired of more and more veterans returning home mentally and physically damaged by experiences they didn’t need to endure. Obama may find that, if he continues down this path, “the war Bush forgot” will all too soon turn into “Obama’s war.” And he’ll have to shoulder the responsibility for all the damage done to Afghan civilians and U.S. soldiers alike.

Daniel Smith is a contributor to Foreign Policy In Focus, a retired U.S. Army colonel, and a senior fellow on military affairs at the Friends Committee on National Legislation. You can contact Dan at dan (at) fcnl (dot) org or reach him at his blog The Quakers’ Colonel.

Israel now India’s top defense supplier

February 16, 2009

By Yaakov Katz | The Jerusalem Post, Feb 15, 2009

Israel has overtaken Russia as the main defense supplier to India after breaking the $1 billion mark in new contracts signed annually over the past two years. According to news reports, Russia had averaged sales of $875 million annually to India for the past 40 years.

The Spyder air defense system...

The Spyder air defense system at an exhibition.

In August, India’s defense ministry approved a $2.5b. joint IAI-Rafael deal to develop a new and advanced version of the Spyder surface-to-air missile system. In March, India is scheduled to receive the first of three new Phalcon Airborne Warning and Control Systems (AWACS) developed for the Indian Air Force by Israel Aerospace Industries. The sides are in talks for the possible purchase of another three AWACS.

The Phalcon (phased array L-band conformal radar) was designed and manufactured by Elta. It includes radar, electronic intelligence systems, and communication equipment. It has already sold a similar system to the Chilean air force. IAI last week displayed at the Aero India defense expo its new third-generation AWACS based inside a small G550 Gulfstream business jet.

“We have a very special defense relationship with India. It’s now moving toward joint development of equipment. There are several new projects in the pipeline,” Maj.-Gen. (res.) Udi Shani, head of the Defense Ministry’s SIBAT Defense Export and Cooperation Agency said in an interview with the Indian press last week.

Israeli defense officials said that in the past decade, the countries have signed deals reaching a whopping $9b. “There is close cooperation and the Indians respect Israeli systems and our experience in fighting terror,” one official said.

Another system India recently purchased from Israel is the aerostat radar to help defend the country against attacks like the ones in Mumbai in November in which the attackers infiltrated the city by sea. The radars will be deployed in strategic points to provide advance warning against incoming enemy aircraft and missiles. The deal is valued at $600m.

The EL/M-2083 Aerostat radars are a simpler version of the Green Pine radar, made by Israel Aerospace Industries, and used by the Arrow missile defense system. The phased-array radars are mounted on blimp-like balloons tethered to the ground and capable of detecting intrusions earlier than ground-based radar systems.

Following the Mumbai attacks, Israel and India also agreed upon the joint development of medium-range surface-to-air missiles (MRSAM) for the air force.