UN Report on Afghan Civilian Toll Contradicts NATO Claims

February 18, 2009

2,118 Civilians Killed in 2008, Report Finds

Antiwar.com

Posted February 17, 2009

Today, the United Nations released a report detailing the civilian death toll in Afghanistan in 2008. According to the report, 2,118 civilians were killed in 2008 – 828 by the American-led coalition forces. Most of those were, unsurprisingly, killed in the various air strikes and raids against Afghan villages.

While getting exact numbers of deaths in Afghanistan is virtually impossible given the chaotic situation on the ground, particularly in the restive south, the report once again points to the absurdity of last month’s NATO report, which claimed only 973 civilians overall killed and only 97 by international forces.

NATO and the United States generally deny reports of civilian killings and only rarely concede to them – many times the question of whether people killed were civilians or militants is left disputed. Some human rights groups have suggested the actual civilian toll in 2008 may have been nearly 3,000.

Related Stories

compiled by Jason Ditz [email the author

Israel launches covert war against Iran

February 18, 2009

Israel has launched a covert war against Iran as an alternative to direct military strikes against Tehran’s nuclear programme, US intelligence sources have revealed.

By Philip Sherwell in New York  | Telegraph.co.uk
Tzipi Livni: Israel launches covert war against Iran

Israel foreign minister Tzipi Livni Photo: EPA

It is using hitmen, sabotage, front companies and double agents to disrupt the regime’s illicit weapons project, the experts say.

The most dramatic element of the “decapitation” programme is the planned assassination of top figures involved in Iran’s atomic operations.

Despite fears in Israel and the US that Iran is approaching the point of no return in its ability to build atom bomb, Israeli officials are aware of the change in mood in Washington since President Barack Obama took office.

They privately acknowledge the new US administration is unlikely to sanction an air attack on Iran’s nuclear installations and Mr Obama’s offer to extend a hand of peace to Tehran puts any direct military action beyond reach for now.

The aim is to slow down or interrupt Iran’s research programme, without the gamble of a direct confrontation that could lead to a wider war.

A former CIA officer on Iran told The Daily Telegraph: “Disruption is designed to slow progress on the programme, done in such a way that they don’t realise what’s happening. You are never going to stop it.

“The goal is delay, delay, delay until you can come up with some other solution or approach. We certainly don’t want the current Iranian government to have those weapons. It’s a good policy, short of taking them out militarily, which probably carries unacceptable risks.”

Reva Bhalla, a senior analyst with Stratfor, the US private intelligence company with strong government security connections, said the strategy was to take out key people.

“With co-operation from the United States, Israeli covert operations have focused both on eliminating key human assets involved in the nuclear programme and in sabotaging the Iranian nuclear supply chain,” she said.

“As US-Israeli relations are bound to come under strain over the Obama administration’s outreach to Iran, and as the political atmosphere grows in complexity, an intensification of Israeli covert activity against Iran is likely to result.”

Mossad was rumoured to be behind the death of Ardeshire Hassanpour, a top nuclear scientist at Iran’s Isfahan uranium plant, who died in mysterious circumstances from reported “gas poisoning” in 2007.

Other recent deaths of important figures in the procurement and enrichment process in Iran and Europe have been the result of Israeli “hits”, intended to deprive Tehran of key technical skills at the head of the programme, according to Western intelligence analysts.

“Israel has shown no hesitation in assassinating weapons scientists for hostile regimes in the past,” said a European intelligence official, speaking on condition of anonymity. They did it with Iraq and they will do it with Iran when they can.”

Mossad’s covert operations cover a range of activities. The former CIA operative revealed how Israeli and US intelligence co-operated with European companies working in Iran to obtain photographs and other confidential material about Iranian nuclear and missile sites.

“It was a real company that operated from time to time in Iran and in the nature of their legitimate business came across information on various suspect Iranian facilities,” he said.

Israel has also used front companies to infiltrate the Iranian purchasing network that the clerical regime uses to circumvent United Nations sanctions and obtain so-called “dual use” items – metals, valves, electronics, machinery – for its nuclear programme.

The businesses initially supply Iran with legitimate material, winning Tehran’s trust, and then start to deliver faulty or defective items that “poison” the country’s atomic activities.

“Without military strikes, there is still considerable scope for disrupting and damaging the Iranian programme and this has been done with some success,” said Yossi Melman, a prominent Israeli journalist who covers security and intelligence issues for the Haaretz newspaper.

Mossad and Western intelligence operations have also infiltrated the Iranian nuclear programme and “bought” information from prominent atomic scientists. Israel has later selectively leaked some details to its allies, the media and United Nations atomic agency inspectors.

On one occasion, Iran itself is understood to have destroyed a nuclear facility near Tehran, bulldozing over the remains and replacing it with a football pitch, after its existence was revealed to UN inspectors. The regime feared that the discovery by inspectors of an undeclared nuclear facility would result in overwhelming pressure at the UN for tougher action against Iran.

The Iranian government has become so concerned about penetration of its programme that it has announced arrests of alleged spies in an attempt to discourage double agents. “Israel is part of a detailed and elaborate international effort to slow down the Iranian programme,” said Mr Melman.

But Vince Canastraro, the former CIA counter-terrorism chief, expressed doubts about the efficacy of secret Israeli operations against Iran. “You cannot carry out foreign policy objectives via covert operations,” he said. “You can’t get rid of a couple of people and hope to affect Iran’s nuclear capability.”

Iran has consistently asserted that it is pursuing a nuclear capability for civilian energy generation purposes. But Israeli and Western intelligence agencies believe the 20-year-old programme, which was a secret until 2002, is designed to give the ruling mullahs an atom bomb.

Miko Peled: Winning in Gaza

February 18, 2009
‘All it takes is one child who decides to take up the fight..’

By Miko Peled | The Palestine Chronicle, Feb 17, 2009

The common wisdom regarding Israel’s latest attacks on Gaza suggests that Israel is defending itself against a vicious enemy and that all means justify the cause of security for the citizens of Israeli cities. Common wisdom dictates that the US must support the Israeli Jewish population in their effort to gain recognition and acceptance, not to say security for their fledgling democracy. But here common wisdom stand stands in stark contrast to the dictates of reality because Israel is fighting a war it cannot possibly win.

For more than sixty years Palestinians have been living as refugees in the Gaza strip as well as other areas in and around what used to be Palestine. Those who live in the refugee camps have for three generations suffered unimaginable hardships that began with homelessness, poverty and deprivation and went on to include incursions by Israeli commandos, shelling by Israeli artillery and air assaults by the Israeli air force. In Gaza close to 900,000 people are refugees who were forced off of their land in 1948. They and their descendants have suffered more than their fair share of hardships.

The accepted position on the Israeli occupation of Palestinian lands is that it began in 1967, but for Palestinian refugees in Gaza and elsewhere the Israeli occupation of Palestine began in 1948 and was only completed in 1967. Many Israelis feel this way too.  So to expect that a solution that deals only with lands occupied in 1967 will hold for any length of time is naïve at best, and the ashes of the peace process of the 1990’s lay as testament to that.

Most of the refugees in the Gaza Strip today came from the southern towns and villages of Palestine. According to UN sources, in 1948 some 200,000 refugees were concentrated in and around Gaza City whose original inhabitants numbered only 80,000. This severely burdened this narrow strip of land, an area of only 140 square miles.  Today over three-quarters of 1.4 million people in the Gaza strip are registered refugees.

The Gaza strip includes the city of Gaza which is approximately 48 miles southwest of Jerusalem, with a population of 410,000, as well as the cities of Beit Hanoun , Beit Lahia, Deir el-Balah (at the end of 1170, Saladin’s army had arrived in Palestine entering through Darum, which is now known as Deir al-Balah) Jabalia, Khan Yunis and Rafah.

The majority of the refuges live in eight refugee camps that include: Jabalia, Rafah, Beach, Nuseirat, Khan Younis, Bureij, Maghazi and Deir el-Balah.

According to the United Nations the refugee camps in the Gaza Strip have one of the highest population densities in the world. For example, over 80,688 refugees live in Beach camp whose area is less than one square kilometer. This high population density is reflected in the overcrowded schools and classrooms.  Even with poverty and over population, Gaza maintains one of the highest literacy rates in the world, 92%.

Today these refuges and their descendents, who live just a short drive from their original homes who now house Jewish Israelis, are being told by the world that they must accept their fate and live as refugees with no law to protect them, no human rights and no civil rights.  They are also told quite clearly that any resistance on their part, violent or otherwise will not be tolerated. Israel, the country responsible for their present condition will never allow them to return to their homes, to resist or to become part of a larger Israel/Palestine.

Whether one agrees that Palestinians deserve the same rights as all other people or not, one has to recognize why resistance to Israel has developed in the refugee camps in Gaza. It is a vicious cycle, not unknown in the history of other nations. Since the early 1950’s refugees from Gaza tried to enter the newly establish Israel, seeking to reclaim houses, possessions, or crops. Eventually guerrilla fighters began to enter Israel and to engage in violent acts against Israeli citizens. It wasn’t long before Israel developed a policy of no tolerance whereby infiltrators were shot on sight and retaliatory strikes in response to guerrilla attacks ensued.

In 1953 Ariel Sharon, then a young officer was sent at the head of the famous Unit 101 into Gaza to cleanse it of terrorists and to stop Palestinian “infiltrators” from penetrating Israeli borders. Sharon stated: “If we don’t act against the refugee camps, they would become a murderers’ nest.” Or in other words, centers for resistance against Israel. Israeli attacks on Gaza continued throughout the 1950’s, 60’s 70’s and they continue to this very day. It is hard not to see that this is an ongoing campaign against a nation that is unwilling to give up the struggle for freedom and justice.

Gaza has a history of being tough to subdue. It is said  Alexander the Great had to fight a bitter battle to conquer it, as did the British during the First World War. While violence may quell the resistance for a short time, all it takes is one child who decides to take up the fight and as we know this is a battle that no conquering power has ever won.

-Miko Peled is an Israeli writer and peace activist living in San Diego.  His father was the later Israeli General, Matti Peled who was also the first Israeli military Governor of Gaza. For comments or contact information please go to mikopeled.wordpress.com.

Obama Administration Defending Bush Secrets

February 18, 2009

Justice Department seeks to hold back lawsuits as FOIA rules rewritten

WASHINGTON – Despite President Barack Obama’s vow to open government more than ever, the Justice Department is defending Bush administration decisions to keep secret many documents about domestic wiretapping, data collection on travelers and U.S. citizens, and interrogation of suspected terrorists.

[U.S. President Barack Obama takes part in a town hall meeting Concord Community High School in Elkhart, Indiana, February 9, 2009.  "This is not change," said ACLU executive director Anthony Romero. "President Obama's Justice Department has disappointingly reneged" on his promise to end "abuse of state secrets."(Reuters/Jim Young)]U.S. President Barack Obama takes part in a town hall meeting Concord Community High School in Elkhart, Indiana, February 9, 2009. “This is not change,” said ACLU executive director Anthony Romero. “President Obama’s Justice Department has disappointingly reneged” on his promise to end “abuse of state secrets.”(Reuters/Jim Young)

In half a dozen lawsuits, Justice lawyers have opposed formal motions or spurned out-of-court offers to delay court action until the new administration rewrites Freedom of Information Act guidelines and decides whether the new rules might allow the public to see more.In only one case has the Justice Department agreed to suspend a FOIA lawsuit until the disputed documents can be re-evaluated under the yet-to-be-written guidelines. That case involves negotiations on an anti-counterfeiting treaty, not the more controversial, secret anti-terrorism tactics that spawned the other lawsuits as well as Obama’s promises of greater openness.

“The signs in the last few days are not entirely encouraging,” said Jameel Jaffer, an attorney for the American Civil Liberties Union, which filed several lawsuits seeking the Bush administration’s legal rationales for warrantless domestic wiretapping and for its treatment of terrorism detainees.

The documents sought in these lawsuits “are in many cases the documents that the public most needs to see,” Jaffer said. “It makes no sense to say that these documents are somehow exempt from President Obama’s directives.”

Groups that advocate open government, civil liberties and privacy were overjoyed that Obama on his first day in office reversed the FOIA policy imposed by Bush’s first attorney general, John Ashcroft. The Bush Justice Department said it would use any legitimate legal basis to defend withholding records from the public. Obama pledged “an unprecedented level of openness in government” and ordered new FOIA guidelines written with a “presumption in favor of disclosure.”

But Justice’s actions in courts since then have cast doubt on how far the new administration will go.

Justice: FBI did enough
In a FOIA case seeking access to the rules governing the FBI’s Investigative Data Warehouse – a computer database containing searchable documents about Americans and foreigners – Justice lawyers told a district court here Thursday, “It is not clear that the new guidelines, once issued, will be retrospective to FOIA requests that the agency already has finished processing.”

They asked the court to rule instead that the FBI has done enough. The bureau has reviewed 878 pages, withheld 76 and released some portions of 802.

To withhold some material, the FBI cited discretionary FOIA exemptions and ones that require balancing privacy and public interests. David Sobel, attorney for the Electronic Frontier Foundation, a San Francisco-based group that advocates civil liberties in cyberspace and brought the lawsuit, said those decisions might come out differently under the new guidelines.

The issue isn’t retroactivity, Sobel said. “The issue is whether the new administration is going to devote legal resources to fighting old battles now that the president has announced a fundamental change in the government’s approach to FOIA.”

Other lawsuits in which Justice’s civil division has expressed opposition to delays until the administration writes its FOIA guidelines and uses them to review Bush decisions:

  • One seeking documents about the Automated Targeting System used by Customs officers to screen all travelers leaving or entering the country.
  • A case seeking records of lobbying by telecommunications companies to get legal immunity for cooperating in warrantless domestic wiretapping.
  • A case seeking Justice’s legal opinions justifying that wiretapping. One of the plaintiff attorneys, Meredith Fuchs, of the National Security Archive, a private group that publishes formerly classified government documents, said, “I’m somewhat surprised they did not take the opportunity to look at these again, but maybe it’s because the administration doesn’t have all its top Justice appointees in office yet.”
  • Three cases seeking Justice legal opinions about detention and interrogation of terrorism detainees. Civil division attorney Caroline Wolverton wrote the ACLU’s Jaffer that Justice would proceed “consistent with the principles” in Obama’s FOIA order “and also with due regard for the legitimate confidentiality interests of the executive branch and the national security interests of the United States.”

Jaffer called that “a nonresponse response.”

Two cases may be reviewed
So far, Justice has expressed willingness to review Bush decisions in two cases, only one because of FOIA changes.

Only in Sobel’s lawsuit for anti-counterfeiting treaty documents has Justice joined a plaintiff to obtain a court delay to give the administration time to write FOIA guidelines and use them to “review its determinations on the documents at issue.”

But that case is unusual because Justice is represented by its Office of Information and Privacy, not by the civil division that handles all the other FOIA lawsuits. The information and privacy office provides governmentwide guidance on how to obey the FOIA. Attorneys in these cases worry that the information and privacy office doesn’t have the clout of the much larger civil division and may not control administration policy.

The civil division has sought a delay to review one case – involving three 2005 Justice legal memos on the definition of “cruel and unusual” interrogation tactics. But its request didn’t mention the new FOIA policy. Instead it said Obama’s Jan. 22 executive order on detention and interrogation might alter the government position.

Even if the new administration reviews Bush decisions, that’s no guarantee the outcome will change.

Last week, Attorney General Eric Holder announced a review of every court case in which the Bush administration used a different legal tool to preserve secrecy: the state secrets privilege it invoked a record number of times to have lawsuits thrown out. On the same day, however, civil division attorney Douglas Letter cited the state secrets privilege in asking a federal appeals court to uphold dismissal of a lawsuit accusing a Boeing Co. subsidiary of illegally helping the CIA fly suspected terrorists to allied foreign nations where they would be tortured.

Three times Letter assured the judges his position had been approved by Obama administration officials.

“This is not change,” said ACLU executive director Anthony Romero. “President Obama’s Justice Department has disappointingly reneged” on his promise to end “abuse of state secrets.”

CIA secretly using Pakistan base for drone raids

February 18, 2009

February 17, 2009

Secrecy and denial as Pakistan lets CIA use airbase to strike militants

A Veronique De Viguerie drone in Afhganistan

The Pakistani Government has also repeatedly demanded that the US halt drone attacks

The CIA is secretly using an airbase in southern Pakistan to launch the Predator drones that observe and attack al-Qaeda and Taleban militants on the Pakistani side of the border with Afghanistan, a Times investigation has found.

The Pakistani and US governments have repeatedly denied that Washington is running military operations, covert or otherwise, on Pakistani territory — a hugely sensitive issue in the predominantly Muslim country.

The Pakistani Government has also repeatedly demanded that the US halt drone attacks on northern tribal areas that it says have caused hundreds of civilian casualties and fuelled anti-American sentiment.

But The Times has discovered that the CIA has been using the Shamsi airfield — originally built by Arab sheikhs for falconry expeditions in the southwestern province of Baluchistan — for at least a year. The strip, which is about 30 miles from the Afghan border, allows US forces to launch a Drone within minutes of receiving actionable intelligence as well as allowing them to attack targets further afield.

It was known that US special forces used Shamsi during the invasion of Afghanistan in 2001, but the Pakistani Government declared publicly in 2006 that the Americans had left it and two other airbases.

Key to the Times investigation is the unexplained delivery of 730,000 gallons of F34 aviation fuel to Shamsi. Details were found on the website of the Pentagon’s fuel procurement agency.

The Defence Energy Support Centre site shows that a civilian company, Nordic Camp Supply (NCS), was contracted to deliver the fuel, worth $3.2 million, from Pakistan Refineries near Karachi.

It also shows the fuel was delivered last year, when the United States escalated drone attacks on Pakistan’s lawless tribal areas, allegedly killing several top Taleban and al-Qaeda targets, but also many civilians.

A source at NCS, which is based in Denmark, confirmed that the company had been awarded the contract and had supplied the fuel to Shamsi, but declined to give further details.

A spokesman for the US embassy in Pakistan told The Times: “Shamsi is not the final destination.” However, he declined to elaborate and denied that the US was using it as a base.

“No. No. No. No. No. We unequivocally and emphatically can tell you that there is no basing of US troops in Pakistan,” he said. “There is no basing of US Air Force, Navy, Marines, Army, none, on the record and emphatically. I want that to be very clear. And that is the answer any way you want to put it. There is no base here, no troops billeted. We do not operate here.”

He said that he could not comment on CIA operations.

The CIA declined to comment, as did the Pentagon. But one senior Western source familiar with US operations in Pakistan and Afghanistan told The Times that the CIA “runs Predator flights routinely” from Shamsi.

“We can see the planes flying from the base,” said Safar Khan, a local journalist. “The area around the base is a high-security zone and no one is allowed there.”

He said that the outer perimeter of Shamsi was guarded by Pakistani military, but the airfield itself was under the control of American forces.

Shamsi lies in a sparsely populated area about 190 miles southwest of the city of Quetta, which US intelligence officials believe is used as a staging post by senior Taleban leaders, including Mullah Omar. It is also 100 miles south of the border with Afghanistan’s southern province of Helmand and about 100 miles east of the border with Iran.

That would put the Predators, which have a range of more than 2,000 miles and can fly for 29 hours, within reach of militants in Baluchistan, southern Afghanistan and in Pakistan’s northern tribal areas.

Paul Smyth, head of operational studies at the Royal United Services Institute, said that 730,000 gallons of F34, also known as JP8, was not enough to supply regular Hercules tanker flights but was sufficient to sustain drones or helicopters.

Other experts said that Shamsi’s airstrip was too short for most aircraft, but was big enough for Predators and ideally located as there were few civilians in the surrounding area to witness the drones coming and going.

Farhatullah Babar, a spokesman for the President of Pakistan, Asif Ali Zardari, said that he did not know anything about the airfield. However, Major General Athar Abbas, the chief military spokesman, confirmed that US forces were using Shamsi. “The airfield is being used only for logistics,” he said, without elaborating.

He added that the Americans were also using another airbase near Jacobabad, 300 miles northeast of Karachi, for logistics and military operations.

Pakistan gave America permission to use Shamsi, Jacobabad and two other bases — Pasni and Dalbadin — for the invasion of Afghanistan in October 2001. US Marine Special Forces were based at Shamsi and, in January 2002, a US Marine KC130 tanker aircraft crashed close to its runway, killing seven Marines on board.

Jacobabad became the main US airbase until Bagram, near Kabul, was repaired, while Pasni, on the coast, was used for helicopters and Dalbadin as a refueling post for special forces’ helicopters. However, in December 2001, Pakistan began sharing Jacobabad and Pasni with US forces as India and Pakistan began massing troops on their border. In July 2006 the Pakistani Government declared that America was no longer using Shamsi, Pasni and Jacobabad, although they were at its disposal in an emergency.

The subject has become particularly sensitive in the past few weeks as President Obama has made it clear that he will continue the strikes while reviewing overall US strategy in the region.

The latest strike on Monday — the fourth since Mr Obama took office — killed 31 people in the tribal agency of Kurram, and another on Saturday killed 25 people in South Waziristan, according to Pakistani officials.

Shah Mehmood Qureshi, the Pakistani Foreign Minister, responded on Sunday by categorically denying that Pakistani bases were used for US drone attacks.

Aerial assault

— Armed predator unmanned aerial vehicles (UAVs) have been in use since 1999

— The aircraft is controlled from the ground using satellite systems and onboard cameras

— The MQ9 craft, which is used in Afghanistan, is 11m long, has a 20m wing span and a cruise speed of up to 230mph. Each can carry four Hellfire missiles and two bombs

— Three systems were bought by the RAF last year for £500m

Sources: Jane’s Information, US Airforce, RAF, Times archives

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.”]