Tuesday, April 28, 2009

Is it a library in a police state?

Illustration by Kat, Betty's three kids and Wally,
NBC Mondays

The theme tonight is TV. I really don't have anything. But I will provide something on it.

First though, a Common Ills community member e-mailed and asked me if I'd write about something. I sure will.

Last time I checked, this was the United States of America. Jokes about their current governor to the side, Texas is still a part of the United States. Which would mean that Dallas, Texas is part of the United States.

Would you visit a library and check out anything if you knew you would have to allow the police to inspect your items before you could leave?

The way it works is at the downtown library in Dallas (which is six stories and maybe more than that), if you park on the street (or if you're walking) you leave out of the first floor. If you park beneath the library, you leave out via the elevators. If you leave through the first floor, you have to walk through those sensors that go off if you have an item that's not checked out.

I hope everyone follows that.

So if you leave on the first floor they either run your checked out items across the magnet or they hand them to you after you walk through the censors. Library staff hands them to you.

Or that is how it is supposed to work. But there are some real damn lazy . . . I started to say "librarians." They're not. You have to a masters degree in library science to be a librarian. So these are library clerks, I guess. So there are some real damn lazy library clerks.

They think that instead of handing you your items after you walk through the sensor or running your books, CDs, DVDs, whatever over the big magnet thing so the alarm won't go off, they'll just send you through the senors and you can show your receipt to the two police officers who will then take your receipt, take your items and go through them one by one.

Is it a libary in a police state?

Let me be really clear, if that ever happened to me in my city, I'd be standing in front of the city council screaming. Not because I was checking out something 'dirty' or 'political' but because it's no one's damn business what I check out. It certainly isn't the business of the city police.

But that's what's lazy asses at the downtown Dallas library, across from City Hall do.

The e-mail is from a male community member. I'm not going to give his name. But I called Billie because I couldn't get a hold of him. She said he was exactly right and that's why she hates to go to the downtown library. After 5:00 p.m., quote, "All the professionals leave and you've got lazy people who don't want to work and don't want to do your job. My daughter needed a book on Karl Marx for a school paper. We end up setting off the alarm because the lazy ---- won't hand us our book after we go through the sensors and this man, a police officer, is looking at me and my daughter and looking at the book and he asks 'Karl Marx?' in just the rudest way and I'm thinking, 'Who are you to approve of what I check out?' So we try to go to our branch and avoid the downtown library. But I'm glad ___ complained to you and you're writing about it because it really is like a police state and, excuse me, I went to the City Council to get Dallas to pass the resolution against the Patriot Act, I went the day they were supposed to vote and then the next week when they actually did vote. I went in a blue shirt each time, like we were supposed to. And my point was no one spies on what I read at the library. But for some reason, the people downtown seem to think that everything you check out should be shown to the police. Again, after five p.m. Before five, when the administrators are there, they act professional. As soon as the administrators leave, they don't want get out of their chairs, they don't want to do a damn thing."

Here's another thing to think about, do you shop? Do you shop for clothes?

If you do and there were different stores to choose from, would you choose the store that made you go to the security after you paid, go to security and have them go through your purchases?

I wouldn't.

I also wouldn't stand for this nonsense.

It is not the police's business what anyone checks out from a public library. If library clerks are so lazy, maybe they should be fired. If this is new library policy, maybe the city council needs to be informed of it and that the people object.

Whatever the problem, it needs to be straightened out right away.

Billie told me to speak to Diane so I got her number from Billie and called her. Her kids (teenagers, with one boy being early 20s) feel hassled every time they check out a book downtown for that reason. The male police officer everyone's describing is wide and tall and very intimidating and that's before you get to the fact that he's got a gun and who knows what else. He's got a female partner -- in case they have to do strip searches? -- and it is just very intimidating. Diane put on her second oldest son and he explained that he takes the train downtown and he doesn't have time to wait in line to check out and then have to wait for the police to go through his things. He ends up missing the train. So it's also wasting people's time that they don't have to waste.

But I'm glad this was brought to my attention because it needs to stop.

I am really sorry because I know there are a ton of community members living in the Dallas-Fort Worth area (and I had a wonderful time there two years ago when we visited for a week) but I don't have everyone's phone numbers. I have Billie's and I have Dallas'. Dallas wasn't home and I didn't want to use his cell in case he was having some actual fun (he works very hard, I hope he was having some fun). I wish I could have called more of you to find out if you had the same issue.

I thank ___ for e-mailing me about this and I thank Billie, Diane and Diane's son for talking to me about it. I'll close on this subject with Diane's son who said, "First you have to walk through the sensor and then you have to deal with the censors" -- and on the last one, he's talking about the police. It would feel like censorship to me to know that everything I checked out was going to be pawed over by a bulky, hulking police officer packing a gun.

Okay, TV.

The Bugaloos? I was on the road all the time as a young adult. Prior to that, I really wasn't interested in TV. When C.I. and I were off the road for a few weeks, I loved to sleep in. I'd get my boyfriend to turn on the TV when he left -- the TV in the bedroom -- and I'd just doze in and out. I'd wake up and think, "I don't have to get up, nah, nah, nah." I have that habit, that TV habit, from C.I. who will always turn on the TV in a hotel room. The radio may come on as well and the sound on the TV doesn't have to be on, but the TV will be on. We'd usually grab one room on the road and she would have the TV on all night. It was so that when she woke up, she knew where she was. (I'm not joking and she seriously always knew and always does know to this day because she still does that when she's on the road.)

So at some point a kid's show called The Bugaloos would come on or maybe a repeat of Lance Link (a monkey show). At which point, this is back during Vietnam, I would usually manage to pull myself out of bed and smoke up.

"Iraq snapshot" (The Common Ills):
Tuesday, April 28, 2009. Chaos and violence continue, the Senate discusses proposed changes to the War Powers Resolution of 1973, James Baker thought it was a Costume Ball and showed up as Titus Semple, talk of overthrowing Nouri al-Maliki who is more focused on demanding an apology, Steven D. Green's 'nutty' defense, and more.

Starting with war resistance, Iraq War resister Cliff Cornell faced a court-martial this afternoon at Fort Stewart in Georgia where he entered a guilty plea to desertion.

Today the Senate Foreign Relations Committee held a hearing on declaring war and the biggest concern appeared to be whether or not the creation of a joint-committee might usurp their own committee. While the turf war raged, Senator Russ Feingold appeared to be the only one who'd read the proposal in terms of how it might actually impact the issue of going to war.

Appearing before the committee as witnesses were BFFs James Baker and Lee Hamilton, packing enough 'bi-partisan' scandals between themselves to rock a Jackie Collins look at DC. The panel was rounded out by Warren Christopher whose service can be traced back to the LBJ years. Senator John Kerry chairs the committee and he called it to order and skipped any messy realities about the three to instead note that "they are here to discuss one of the most vital questions that comes before our democracy: The question of how America goes to war?"

Kerry noted that the reason for the hearing was the "fundamental tension in how America goes to war. The president is commander-in-chief of the Armed Forces while Congress has the power to declare war." Hamilton, Baker and Christopher sat on the National War Powers Commission. No, no election was held to elevate those three to a commission on such an important issue. No, their tinkering around with the law -- and, yes, with the Constitution, is not how things are supposed to be changed per the Constitution. But if DC didn't have cronyism, no one ever be seated for a meal at Marcel's. So three elderly men -- at 78, Lee Hamilton's the baby in the trio -- that few would trust with a bank deposit slip have been put in charge of recommending changes in war powers. As Phil Ochs once sang, "It's always the old to lead us to the war, always the young to fall" ("I Ain't Marching Anymore") and the LiverSpots Trio demonstrated that and then some.

If there was anything more distressing than the absence of senators -- this was a full committee hearing even though the full committee elected to skip it -- it was most likely the huge absence of the press. If changes are being made in how the United States goes to war shouldn't the press be present? Where were they? And while the Real Press was largely absent, where were the beggars of Panhandle Media? Possibly encamped on the White House lawn hoping to get a shot of Bo doing his business.

Their own business apparently did not include fact checking the chair. John Kerry declared in his opening remarks, "What is clear to all is that the 1973 War Powers Resolution has simply not functioned as intended?" Really? Is that what's going on? No, Congress has refused to do what the War Powers Resolution gives them the power to. Equally true is that some aspects have been skirted by presidents. Kerry's starting from a false premise and begging the panel to snow job him.

What Baker, Christopher and Hamilton are proposing is repealing the War Powers Act of 1973 and replacing it with something different. This would be a major change and, again, where was the press?

Baker noted in his opening remarks [PDF format warning,
click here], "Two years ago, Chris [Warren Christopher] and I were approached by the Miller Center at the University of Virginia to co-chair an independent bi-partisan commission to consider an issue that has bedeviled legal experts and government officials since the Constitution was framed -- the question of how our nation makes a decision to go to war." If Baker is an example of those "experts" and "officials," no wonder they're "bedeviled." The Constitution is very clear that Congress, and only Congress, can declare war.

Warren Christopher followed and he gulped water throughout the hearing which appeared to be taxing him. A sure sign that he shouldn't have co-chaired the panel, let alone served on it. He tried to open with a joke but it flopped. Of Baker he declared, "Without going on about it, let me just say that it is a lot more fun working with Secretary Baker than working against him." Again, the joke flopped. He then almost immediately made a case for Kerry to bring down the gavel and end the hearing. Christopher was speaking of the tension between the executive and legislative branches [PDF format warning,
click here] and the issue over declaring war when he stated, "Only a Constitutional amendment or decisive Supreme Court opinion will resolve the debate; neither is likely forthcoming anytime soon, and courts have turned down war powers cases filed by as many as 100 members of Congress." The response to that should be: "Well if only a Constitutional amendment or a Supreme Court verdict can decide the issue then why the hell are we listening to you?"

And that is the thing. What they're proposing resolves nothing. It does, however, weaken Congress' powers. On the plus side, as John Kerry pointed out, it's better to address this now than in the lead-up to a war, "While the nation's attention is not focused on this issue today and while the kleig lights and the hot breath of the media is not as intense here at this moment, everybody in this room and particularly at the table understand the implications and how important it is to be here now trying to figure out the best path through this rather than the middle of a crisis." We're going to zoom in on the most pertinent discussion which took place shortly after Senator Russ Feingold joined the hearing and as he began speaking.

Senator Russ Feingold: I'd like to use some of my time to make a statement and then ask a couple of questions. As we continue to grapple with the profound costs of rushing into a misguided war, it is essential that we review how Congress' War Powers have been weakened over the last few decades and how they can be restored. The war in Iraq has led to the deaths of thousands of Americans and the wounding of tens of thousands and will likely end up costing us a trillion dollars. What if we had had more open and honest debate before going to war? What if all the questions about the administration's assertions
had been fully and, to the extent appropriate, been publicly aired? So clearly any reforms of the War Powers Resolution must incorporate these lessons and foster more deliberations and more open and honest public dialogue before any decision to go to war.
I appreciate that attention is being drawn to this critically important issue which, of course, goes to the core of our Constitutional structure, its' a conversation that we need to continue to have. But I am concerned that the proposals made by the Baker - Christopher commission cede too much authority to the executive branch in the decision to go to war. Under the Constitution, Congress has the power "to declare war." It is not ambiguous in any way. The 1973 War Powers Resolution is an imperfect solution; however, it does retain Congress' critical role in this decision making process. The commission's proposal on the other hand would require Congress to pass a resolution of disapproval by a veto proof margin if it were unhappy with the president's decision to send our troops into hostilities. That means in effect that the president would need only one-third of the members plus one additional member of either house to continue a war that was started unilaterally by the president. Now that cannot be what the framers intended when they gave the Congress the power to declare war. Since the War Powers Resolution was enacted, several presidents have introduced troops into battle without obtaining the prior approval of the Congress. Campaigns in Grenada and Panama are a few examples. None of these cases involved eminent threats to the United States that justified the use of military force without the prior approval of Congress. A simple solution to this problem would be for the president to honor the Constitution and seek the prior approval of Congress in such scenarios in the future. And while the consultation required by the War Powers Resolution is far from perfect, I think it is preferable to the commission's proposal to establish a consultation committee. If this bill had been in place before the war in Iraq, President Bush could have begun the war after consulting with a gang of 12 members of Congress thereby depriving most of the senators in this room of the ability to participate in
those consultations as we did in the run up to the Iraq War. The decision to go to war is perhaps the most profound ever made by our government. Our Constitutional system rightly places this decision in the branch of government that most closely reflects the will of the people. History teaches that we must have the support of the American people if we are to successfully prosecute our military operations. The requirement of prior Congressional authorization helps to ensure that such public debate occurs and tempers the potential for rash judgment. Congress failed to live up to its responsibility with respect to the decision to go to war in Iraq. And we should be taking steps to ensure it does not make this mistake again. We should be restoring this Constitutional system not further undermining it. Mr Baker, part of the premise of the commission's finding, is that several presidents have refused to acknowledge the Constitutionality of the War Powers Resolution, I know that of course in practice, most do honor the Resolution. In your view, does the president's commander-in-chief authority give him the authority to ignore duly enacted statutes?

James Baker: Duly enacted statues? Not in -- not in my view. On the other hand, there have been -- you said most presidents, Senator Feingold, all presidents have refused to acknowledge the -- all presidents have questioned the Constitutionality of the War Powers Resolution.

Russ Feingold: Right.

James Baker: Both Democrat and Republican.

Russ Feingold: Right. I simply said several presidents.

James Baker: Right.

Russ Feingold: But most have honored the resolution in practice.

James Baker: Well that's really not quite accurate, sir. They send -- they file reports "in keeping with," the language is "in keeping with," but never has one president filed a report "pursuant to" the War Powers Resolution.

Russ Feingold: Well, nonetheless, I appreciate your answer to the basic question. It seems to me that much of the ambiguity you attribute to the War Powers Resolution would be resolved if future presidents simply abided by the Resolution -- that would help solve the ambiguity. Mr. Hamilton, before the Iraq War, every senator had the opportunity to at least review the intelligence assessments on Iraq -- particularly the October 2002 NIE. I concluded that there was insufficient evidence to justify the decision to go to war Under your bill, wouldn't the full Congress have even less access to the intelligence supporting the decision to go to war ? Wouldn't that intelligence be limited to the gang of members on the consultation committee?

Lee Hamilton: With the consultative committee, I think you expand the number of members that would be brought into the discussions involving the highest level of intelligence. In other words, you'd have more members involved under our proposal than you do now. Because you --

Russ Feingold: I was a relatively middle - junior member of the Foreign Relations Committee. I was not at that time a member of the Intelligence Committee. At some point I was afforded the opportunity to go down to a secure room and to hear directly from the CIA people whether they felt the same thing we were hearing publicly. And I got to tell you, their tone when they were trying to express these arguments the president was making was rather tepid and it gave me a feeling that something was wrong here. And I would apparently, under this scenario, not have been a part of that process. I'm not saying my role was critical but I did end up being one of the people who went to the floor immediately and said 'I'm not buying this al Qaeda connection, I'm not buying the notion that Saddam Hussein is likely or ready to attack the United States.' It appears that somehow somebody in my situation would not necessarily be able to be a part of that pre-military operation process. Mr. Hamilton?


Lee Hamilton: Well I think under the law today the president doesn't even have to consult with members of Congress before he takes you into war because the provisions in the War Powers Resolution are very vague with regard to consultation. We expand greatly the number of members who would be involved in that consultative process here.

Russ Feingold: It appeared though in this circumstance of Iraq that this was part of the consultative process. That our access to the people from the president's CIA was pursuant to a discussion that led to a vote of the full Senate --

Lee Hamilton: Well the ---

Russ Fiengold: how the process worked. All members -- well perhaps not all. But at least members of the Foreign Relations Committee were given the opportunity to participate in that kind of a set up --

Lee Hamilton: And the proposal that we're putting before you, members of Congress are required to vote on it.

John Kerry: Senator --

Lee Hamilton:You don't have that requirement under present law.

John Kerry: There is no requirement. under present law. What happened is we did it under the prerogatives of each of the committees because the committee chairs and ranking members understood that this was part of the responsibilities Nothing in here -- and we discussed this before you [Feingold] came here -- about this consultative component in fulfillment of the requirement that the president let us know what he's thinking about doing so that those Committees, that's why they're part of it. The Intelligence Committee, the Armed Services Committee, the Foreign Relations Committee, would then go about their normal business involving all of their members. I mean, but there's no statute that required that for you either.

Russ Feingold: I'd like to believe that, Mr Chairman, but it strikes me that this provides an opportunity, that the president doesn't currently have, to say, "Look. I went through this consultative process that's provided by this new statute so I have even less a need to go through a formal vote which, as we just talked about, most presidents have decided -- President [George H.W.] Bush on the first Gulf War, even though he may not have taken the view that he had to do it, he went ahead and did it. I think this creates a process that could end run the feeling on the part of a president that he needs to go through a process that would actually involve participation but I'm not saying that this doesn't literally require it --

James Baker: Senator --

Russ Feingold: Yes, Mr. Baker?

James Baker: We require a vote within 30 days so the president is going to be facing a vote of the Congress. If the vote is a resolution disapproval, that is going to very adverse impacts on the president's ability to

Russ Feingold: But in the case of Iraq of course [shrugs, throws up hands]

James Baker: Well that of course -- I mean

Russ Feingold: 30 days after wouldn't have been not too helpful.

James Baker: That's -- that's true. But the president -- both presidents went to the Congress to get approval and actually obtained approval. Back to . Back to the point you made about the c-- about the observance a statute duly enacted and whether a president can question it's Constitutionality. There's all -- there's always been the ability of presidents to question Constitutionality and in this area it has consistently been questioned by both Democratic and Republican presidents. Presidents have sent troops abroad, Mr. Feingold, 264 times -- during which period the Congress has declared war 5 times. So faced with the situation, we expressly -- I think before you arrived, we made it -- we had a dialogue here about the fact that we have expressly preserved the rights of Congress to make the argument that I think you are making and the right of the president to make the argument presidents have made since the War Powers Resolution was passed that the Constitution gives either (A) the Congress or (B) the president the authority. Expressly reserve those Constitutional arguments, put them to the side, they are not going to be solved in the absence of a Constitutional amendment or a Supreme Court opinion. So we don't prejudice either branch. What we're trying to do is find a workable solution here that will improve the relationship and the consultation that takes place between the president and Congress when the nation's going to war.

Russ Feingold: I respect the effort and I respect the intent and it may well work that way. My concern -- and I know my time's up, Mr. Chairman

John Kerry: No, take [more] time, no problem.

Russ Feingold: Is that I witnessed as a non-senator the excellent debate that was held on the floor of the United States Senate prior to the first Gulf War, I also was involved in the truncated and unfortunately weak debate prior to the Iraq War. But any process that could make a president feel that he somehow did not need to go through that process prior to such a major action would trouble me. So that's how I need to review this. Could this lead to that practical effect as opposed to the literal effort you have made to avoid such a consequence. These are my concerns.

James Baker: I don't think so. Let me just quickly answer. I don't believe so because the president has the power today. So we're not -- this effort -- I don't see this as giving the president something he doesn't have today.

Russ Feingold: Thank you, Mr. Chairman.

John Kerry: Thank you Senator Feingold. Those are important inquiries and I think worth examining the sort of Iraq experience in terms of the vote up front versus late.


Kerry entered the commission's entire report into the record at the start of the hearing and noted, at the end of the hearing, that the record would remain open for a week to include any additional responses from the panel.

Before Feingold joined the hearing, there were no strong objections from Democrats. In fact, Kerry and others accepted premises that they probably shouuldn't do without speaking to their constituents if they want to at least pretend to represent anyone other than the beltway. For example, there are many people (put my name on the list) who do not believe that pre-emptive war and pre-emtive attacks are illegal (and it is illegal by the doctrine of just wars) so it was really something to hear John Kerry, who damn well knows better, accept the committee's working premise that the president had the right to do those without Congressional authority. For those confused, international bodies say those actions are wrong. Who the hell were these three crooked thieves bouncing between commerce and politics to accept as legal things that are still open to debate?

That and eliminating Congressional authority for war -- currently written into the Constitution -- seemed the main purpose of the Baker-Christopher commission. Some might say, "Well the Court would rule against it if it's wrong!" The Supreme Court is going to decide that Congress shouldn't have surrendered a contested power? No. They've consistently refused to rule on this terrain and were Congress to adopt this craziness the Court would either ignore it or rule that Congress didn't have the power stripped from them, they voted to give it away. This is a very serious issue and Russ Feingold was the only one who appeared to grasp that.

Baker kept talking about "bi-partisanship" and he looked so oily throughout that only two words captured him: Titus Semple. You found yourself longing for Lane Bellamy to show up and explain what they did to out of control elephants in the circus. At one point, he sprayed himself with snake oil and did his best Eddie Haskell grin while declaring the problem was with two political parties, it was between branches of government.

"The problem" James Baker sees is in reality the checks and balances set up in the Constitution and if he has a problem with those maybe he should take his autum years to another damn country. This is not someone who doesn't know better, this is a mad elephant on a rampage, determined to trample everything in his path. As Lane says in Flamingo Road, "You know sheriff, we had an elephant in our carnival with a memory like that. He went after a keeper that he'd held a grudge against for almost 15 years. Had to be shot. You just wouldn't believe how much trouble it is to dispose of a dead elephant."

Richard Lugar's the ranking member. We'll quote in when he manages to finish a sentence as opposed to pretending to ask a question that's nothing but multiple half-sentences strung together for over six minutes. Somewhere in his tape reel of Libyia, the evening news, Ronald Reagan and more he declared "what all you people in Congress need to understand . . ." Who was he speaking to? Presumably every senator on the panel understood their duties. While Edward Kaufman is new (the only one persent who is), Kaufman's run Joe Biden's Senate office for decades. Somewhere around the six minute mark, Lugar finally came up for air.

Or as Warren Christopher put it in one of the panel's most honest responses, "Senator Lugar talked quite a lot". He then went into Section 4a of the statute (committee recomendation) and rushed to assure that "we certainly don't mean to pre-empt the jurisdiction of this committee or other committees." Kerry wanted to know about 3c and how it speaks of the consultation committee make up. Was it an ongoing committee? Baker said Congress could determine that. The back and forth was pointless.

Senator Edward Kaufman compared the War Powers Act to a game of ruby football, noting how it's "been kicked around" and he stated he would feel derelict in his duty if he didn't raise the issue of Declaration of War. Warren Christopher dismissed it as no longer used so nothing to worry about ("The Congress has decided apparently to go the route of authorization . . ."). Kaufman should have pursued that further but, in fairness to him, there was no support for it among his fellow senators (Feingold was not yet present) and the panel played dumb. Kaufman was right to raise the issue and just because Congress uses one tool today or even in the last few decades does not mean it surrenders another one for all time.

Slimy Jim Baker wanted to grin while telling Feingold he missed things discussed earlier. No, he didn't. It wasn't discussed. But he did miss out on Warren Christopher saying the proposals were to help the president "speak to all the members of Congress" and Lee Hamilton adding that 535 members of Congress is just too much and "presidents today do not know with whom to consult." Hamilton explained this would limit who the president spoke to in Congress to a small number which would then spread out the word and, as a result, no member of either house could "complain, 'I wasn't consulted'." Actually, they could. Their remarks were exactly what they would deny when Feingold pursued his line of questioning. They had already established that the committee would be the one to address it and that the members not on that committee would need to get info from the committee (Hamilton: "This provides a president with a focal point for consultation.")

On the Republican side, Bob Corker was the only Republican senator other than Richard Lugar. Corker actually had a few points to make and pointed out that the proposal really doesn't resolve any of the limitations with the War Powers Resolution. Baker agreed but said you'd need a Constitutional amendment or a Supreme Court decision for that. So can someone explain why the Congress should nullify the War Powers Resolution and put in its place something that resolves nothing (but limits Congress' power and scope)? Corker labeled the proposal nothing but a "sort of . . . code of conduct. . . . It's really not going to have the effect of law." Baker shot back, "Oh, it would have the effect of law." Pause. "I think." Corker also disputed some of the exceptions the proposals recommend such as "the safety of the troops." Corker said that out would be there in any action, allowing the president to overrule Congress, because once troops are deployed "the safety of our troops would always be an issue." Baker agreed. ("That's correct. I think that's correct.") This hearing should have had a ton of reporters present. If anything is changed, if the War Powers Resolution is trashed, it will have longterm effects. For the record, the War Powers Resolution? Covered by NPR, Pacifica and all three broadcast networks back in the day.

It's amazing that anyone wants to listen to James Baker regarding war. But others are rehabilitated all the time.
Betty noted Bob Somerby calling out non-journalist Rachel Maddow's latest on-air clowning:

But on last Friday's program, Maddow's interview with Lawrence Wilkerson was, in our view, much worse.
Who the heck is Larry Wilkerson? As Maddow explained in her introduction, he was "chief of staff to Secretary of State Colin Powell from 2002 to 2005." As such, he played a key role in the way the United States went to war in Iraq. In particular, Wilkerson was in charge of the preparation of Powell's UN presentation in February 2003--the presentation which sealed elite opinion in favor of war.
[. . .]
According to Wilkerson, he and Powell were babes in the woods, thumb-sucking innocents who managed to get themselves "snowed" and "used" by others. Powell had even complained to David Frost about the fact that those in the know never came to him with the truth: "What really upset me more than anything else was that there were people in the intelligence community that had doubts about some of this sourcing, but those doubts never surfaced up to us."
No one came to Powell with the facts! Quite correctly, Tim Russert was ridiculed when he made a similar, keister-covering statement to Bill Moyers. And yet, when Wilkerson grandly presented himself on our "progressive" news program last Friday, he received no questions of any kind about this crucial episode. You see, he was willing to call Dick Cheney names! For that reason, he was allowed to gild his own lily and, by extension, Powell's.
Increasingly, this seems to be the peculiar function of Maddow's "progressive" program.

Rachel Maddow was a War Hawk throughout 2004 and 2005. Only when public opinion hugely shifted did she ever stop saying the US had to stay in Iraq. Listeners of Unfiltered damn well remember her constant praise of Colin Powell and her repeatedly getting it wrong about the Pottery Barn analogy -- the Pottery Barn does not have a policy of you-broke-it-you-bought-it. Rachel would drool on air over Colin back in those days. People have this idea that because she's a lesbian she's somehow hugely progressive. She's not. She's a centrist and, most importantly, she will and has sold out everyone to get where she is today -- on basic cable with,
as Rebecca pointed out, very few viewers. She's a media created 'star.' Like a plethora of Vanity Fair cover boys and girls in the 90s who were movie 'stars' because Van Fair told you they were. The box office loudly disagreed. (When's the last time you spotted 'star' Julia Ormond?) Rachel Maddow gets soft and easy press for a number of reasons -- one she uses her friends who are in the closet (hey, she protected her closet case friend who wrote the Ann Coulter Time magazine cover story -- Liar Rachel refused to discuss that story -- a big left story -- or call out Time or the writer and she refused to tell listeners of her show that she was friends with the author); MSNBC needs a female face and 'jock' like Rachel isn't too 'girly' so she doesn't threaten anyone; and, most importantly, she doesn't threaten the power structure. She is a little suck-up who sucks up like crazy. But if those MSNBC ratings keep dropping, this isn't Air America. Her father leading a 'save-Rachel's job!' campaign won't work and will get her laughed off the chat & chew circuit. Rachel worships Colin Powell and will never ask him a tough question and she'll never ask his little buddy one either.

In Iraq, a
Sunday attack in Kut continues to make the news. The pre-dawn raid resulted in two deaths and condemnation from Nouri al-Maliki. Caroline Alexander (Bloomberg News) reports that the Iraqi Council of Ministers is stating that the assault was "an unnaceptable breach of the withdrawal of forces agreement between the parties" which would be the thing more popularly known as the Status of Forces Agreement and that it was breached by a military operation being carried out without a warrant or without Iraqi consent (allegedly without Iraqi consent). No alleged on the warrant because if there was a warrant, the US would have waived it around by now. Instead you have US Col Richard Francey running to the BBC to express US forces are "deeply saddened" by the "terrible tragedy." That did not appease the Iraqi government. Waleed Ibrahim (Reuters) reports they are demanding "an official apology". The SOFA was never carved in stone despite all the bad reports insisting it was. Amy Goodman (Democratcy Now!) noted that the US is now planning to stay in some Iraqi cities beyond June 30th. Of the treaty masquerading as a SOFA, Jeremey Scahill (at CounterPunch) notes:

Of course, the celebrations were and remain unwarranted. Obama's Iraq plan is virtually identical to the one on Bush's table on January 19, 2009. Obama has just rebranded the occupation, sold it to liberals and dropped the term "Global War on Terror" while, for all practical purposes, continuing the Bush era policy (that's why leading Republicans praised Obama's plan). In the real world, US military commanders have said they are preparing for an Iraq presence for another 15-20 years, the US embassy is the size of Vatican City, there is no official plan for the withdrawal of contractors and new corporate mercenary contracts are being awarded. The SoFA Agreement between the US and Iraq gives the US the right to extend the occupation indefinitely and to continue intervening militarily in Iraq ad infinitum. All it takes is for the puppets in Baghdad to ask nicely…

Independent journalist
Dahr Jamail (at Pacific Free Press) observes:

Make no mistake about it - there is a war on. The floodgates of hell have once again been opened, largely as the result of US unwillingness to pressure the Maliki government to back off its ongoing attacks against the US-created Sahwa, which have led to the Sahwa walking off their security posts in many areas, which has been a green light for al-Qaeda to resume its operations in Iraq. In addition, many of the Sahwa forces, weary of not being paid promised wages from the government, as well as broken promises by the occupiers of their country, have resumed attacks against US forces. Again, there doesn't appear to be anything in the short term to indicate these trends will stop.

Sahwa, "Awakenings" and "Sons Of Iraq" are all the same group.
Ned Parker (Los Angeles Times) notes the targeting of Sahwa and asks the following of the government's intentions:

Is it reaching out to former Sunni insurgents such as Abu Azzam in the true spirit of "national reconciliation," or in hopes of splintering the movement? And will the government's campaign against men such as Abu Maarouf succeed in snuffing out potential rivals? Or is it planting seeds for a long-term Sunni revolt? The crackdown also points to a significant change in the U.S. forces' onetime policy of nurturing and protecting the Sons of Iraq. As the Iraqi government has arrested some of the movement's leaders, forced others into exile and failed to deliver jobs for rank-and-file fighters, the Americans have regularly deferred to Baghdad's wishes as they hand over responsibility for the country's security.

Don't expect answer to any questions from al-Maliki's government, however they are insisting upon one thing: They captured Abu Omar al Baghdadi.
Corinne Reilly (McClatchy Newspapers) notes, "Iraqi officials have touted the arrest of Baghdadi several time before, and each time the claims have turned out to be false. But they said this time was different." When originally trumpeting this arrest last Thursday, the officials were saying they'd have DNA proof. They still fail to mention DNA. Reilly observes, "Officials may be using the arrest to try to bolster confidence in Iraq's security forces ahead of an upcoming drawdown in U.S. troops here. There's widespread fear among Iraqis that violence will increase when Americans leave Iraqi cities at the end of June, a timeline mandated by an agreement signed last year between Washington and Baghdad." While Baghdad insists it's the 'terrorist,' the US has refused to say so since Thursday. AFP reports the US Defense Dept sticks to asseting they can't confirm it. Sam Dagher and Atheer Kakan (New York Times) note, "The government has not provided proof of his capture since announcing the arrest on Thursday, beyond showing a photograph of a man with a trimmed beard wearing a black T-shirt." al-Maliki might try paying attention to other things. Liz Sly (LAT's Bablyon & Beyond) reports Sheik Ali Hatem Sulaiman "has been trying to rally the support of tribes across Iraq for a tribal conference whose goal, he says, will be to replace the government of Prime Minister Nouri Maliki unless certain, as yet unspecified demands are met."

Sahar Issa (McClatchy Newspapers) reports "the father of two policemen" was brutally murdered in Mosul today.

Turning to legal news,
Abeer Qassim Hamza al-Janabi is the 14-year-old Iraqi girl who was gang-raped and murdered March 12, 2006. James Barker is among those who confessed. The Guardian of London summarized Barker's written testimony, ". . . Green dragged the father, mother and younger sister into a bedroom, while Abeer was left in the living room. . . . Barker said [Paul] Cortez appeared to rape the girl [Abeer], and he followed. He said he heard gunshots and Mr. Green came out of the bedroom, saying he had killed the family, before raping the girl and shooting her with an AK-47."That's what Barker confessed to, Cortez' confession matched it. No need to say "alleged" with regards to them. No need to say it with regards to Steven D. Green. His attorneys are not disputing the statements that he was the ringleader, that he murdered four people, that he took part in the gang-rape or any of it. They're arguing 'yes, but not guilty'. He's being tried in a Kentucky federal court and his trial began yesterday. The ambulance chasing public defenders representing Green are the Keystone Cops of the legal field as they make one offensive argument after another. The case they presented yesterday was, "Yes, he did it, but think about what he went through and think about the fact that some US service members died in Iraq and think about . . ."Think about this, that's as offensive as the argument the judge disallowed. The judge's refused to allow Green's attorneys to argue to the federal court jury, the civilian jury, that they can't judge Green because they weren't in Iraq. The defense offered yesterday is as offensive because it continues one of the threads which is: "This is normal behavior." It is not normal behavior. Were it normal behavior, every US soldier in Iraq would be doing what Green did. The defense is arguing that this is normal behavior and a normal response and it's not and that insults everyone who's served in Iraq or any other war zone.The defense argues it was a normal response (murder and gang-rape) and that Steven D. Green is the victim here because he had problems. No question he had problems. He joined the military because he'd been arrested AGAIN. He joined the military to get out of being tossed into prison. He joined the military from jail. He couldn't get it together, no question.But when you don't dispute the charges and when the charges are multiple murders and gang-rape, when your client could get the death penalty, you don't argue "normal" reaction. You argue that your client is mentally ill and was exhibiting those signs early on.Green was unfit for entry in the military. There's no question of that. To get him, he required a 'moral' waiver. That's your case.When the defense starts asking the jury to feel sorry for Green because it's "normal," they're running off the jury. The argument for this line of defense should be, "Yes, he did this. He did it because he's got huge problems and that's why you need to sentence him to a medical institution."But when the defense wants to claim this is 'normal,' it's offensive. It's offensive to the society we live in. It's offensive to the military. And it also says, "Put him to death." That's what the defense is accidently arguing. If they're arguing this is 'normal' -- and it's not -- the jury's looking at Green and thinking, "Normal for him." Meaning it's incumbent upon them to ensure that he never has the option of doing anything like that again.Does Green qualify for an insanity plea? I don't personally know. But that's all the defense has to argue because everyone else involved confessed to his actions and their own, because he was observed leering at Abeer and stroking her face and doing other things that made her uncomfortable (he was at a checkpoint in her neighborhood and harassed her repeatedly when she would have to pass through). If you're going for the insanity plea, you're asking the jury to consider your client out of control.If you're client's 'out of control' is also, you argue, 'normal' then don't be surprised if a jury decides they're dealing with a rabid dog that needs to be put down.It is very doubtful Green looks sympathetic or will come off as such. The strongest defense is that Green is f**ked up and that this was ignored by every institution and outlet he came before, repeatedly ignored so the jury is the last chance for him to receive help. That might get him institutionalized as opposed to put to death. But the arguments the defense is making currently or more likely to piss of the jury because, again, they're not disputing the charges.Andrew Wolfson (Louisville Courier-Journal) reports Abeer's cousin Abu Farras testified that seeing the corpses, "I thought it had to be terrorists. This was a massacre, not a crime. I thought no American would do such a thing." Abeer's brother Mohammed al-Janabi also testified stating he was coming home when he saw the smoke and had no idea it was his home. (From when Abeer's body was set on fire.) Alsumaria reports, "A relative of the victim's family in Baghdad, Rashid Hamza, said that two family members attended the trial in the United States. He wished the US solider accused of this atrocity be executed." AFP provides this context: 3 soldiers are serving life sentences for their actions and a fourth "was sentenced to 27 months in jail." Steven Robrahn (Reuters) quotes one of Green's attorneys, Patrick Bouldin, telling the jury, "You have to understand the background that leads up to this perfect storm of insanity." AP's Brett Barrouquere has covered this story for almost three years now. He reports on yesterday's proceedings and notes Brian Skaret, one of the prosecutors, explaining that Green and the others had a card game and whiskey, talked about sex and Abeer's name came up, they invaded her home, Green shot her sister and and parents, took part in the gang-rape and then "Steven Green went over to the wall and picked up a gun and he shot her in the face again and again."

Lastly on Iraq, Deborah Haynes (Times of London) did some outstanding reporting the last years in Baghdad. We called her out here once (a blog post about riding in a jeep) and we're not here to award gold stars. Translation, criticized once (or twenty times in one year) is nothing. Haynes did an outstanding job and uncovered many stories (hospitals, pregnancies, exclusive interview with Gen Ray Odierno) that no one else managed to.
She's posted her last blog post at her paper's Inside Iraq and notes what she'll miss about Baghdad and what she won't. She also files a brief report on Camp Cropper (US prison in Iraq) and notes that over 12,350 prisoners remain there currently.




iraq
brett barrouquere
caroline alexanderbloomberg newsbbc news
waleed ibrahim
dahr jamail
the los angeles timesned parker
liz sly
andrew wolfsonsteve robrahndemocracy now
the new york timessam dagher
deborah haynes
jeremy scahill

Monday, April 27, 2009

ACLU, Isaiah, Smothers Brothers

Isaiah's The World Today Just Nuts "Hard Work"
Hard Work

I really enjoy that one and, get ready, the celebrity in chief is planning to show up Wednesday night and read from his teleprompter again.

"Judge Rejects CIA Attempt To Withhold Records On Destroyed Interrogation Tapes" (ACLU):
(4/24/2009)
CIA Must Produce Documents Related To Content And Destruction Of Videotapes Or Justify Withholding Them
FOR IMMEDIATE RELEASECONTACT: (212) 549-2666;
media@aclu.org
NEW YORK – A federal judge today rejected the CIA's attempt to withhold records relating to the agency's destruction of 92 videotapes that depicted the harsh interrogation of CIA prisoners. The ACLU is seeking disclosure of these records as part of its pending motion to hold the CIA in contempt for destroying the tapes which violated a court order requiring it to produce or identify records responsive to the ACLU's Freedom of Information Act (FOIA) request for records relating to the treatment of prisoners held in U.S. custody overseas.
The CIA had previously said it would only turn over documents from August 2002 that relate to the content of the videotapes. But U.S. District Court Judge Alvin K. Hellerstein of the Southern District of New York today ordered the CIA to produce records from April through December 2002 that relate to the content of the tapes, as well as documents from April 2002 through June 2003 that related to the destruction of the tapes and information about the persons and reasons behind their destruction.
Judge Hellerstein also ordered the government to reconsider the extent of redactions it intends to make to the documents in light of last week's release, also as part of the ACLU's FOIA litigation, of four secret memos used by the Bush administration to justify torture. In addition, the court ordered the government to explain whether contempt proceedings would interfere with a federal criminal investigation into the destruction of the tapes led by prosecutor John Durham.
The following can be attributed to Amrit Singh, staff attorney with the ACLU:
"We welcome the court's recognition that the ACLU's contempt motion against the CIA must be promptly resolved. Recent disclosures about the CIA's torture methods further confirm that there is no basis for the agency to continue to withhold records relating to the content of the destroyed videotapes or documents that shed light upon who authorized their destruction and why. The public has a right to this information and the CIA must be held accountable for its flagrant disregard for the rule of law."
Judge Hellerstein's order is available online at:
www.aclu.org/safefree/torture/39459lgl20090420.html

That is what courts do, they hear arguments and make the decision as to which one is the most compelling. In a democracy, the compelling argument is supposed to be one that benefits the public and a democracy is supposed to embrace "sunshine" meaning open government.

I had an angry e-mail insisting that Barack was not court-ordered to release the torture memos. Yes, he was. From Steve McGough's "Federal court order results in release of Bush interrogation memos" (RVO), "The Obama administration will release interrogation memos written by Justice Department Office of Legal Counsel lawyers during President George W. Bush’s administration. A federal court required the Obama administration to release them or to provide a good reason to withhold them in response to an ACLU lawsuit." The Grand Dofus that e-mailed was taking exception to Ava and C.I.'s "TV: Broken or fixed?" Tough, they were right.

"TV: The Death of Television" (Ava and C.I., The Third Estate Sunday Review):
There are nights we finish speaking out against the illegal war and hit the hotel around 11:30 at night. You flip the channels to find something to watch for a few minutes. And it seems like every one of the last few weeks we've encountered some PBS station in the midst of a pledge drive. We thought about all the specials we've seen on PBS in the last years about variety shows. Including one on Carol Burnett, of course. But we've seen a 'history' of variety specials and we've seen their history of The Lawrence Welk Show (not at all any more interesting than the show itself). And then we thought about that Smothers Brothers special and how it brought out the pompous nature of every PBS beggar we saw. They would all insist (in different words) that this was the power of PBS.
This was?
A two hour special on the censorship battles Tom and Dick Smothers had with CBS and the way CBS retaliated by cancelling the program. That's the power of PBS?
That's not power, that's actually embarrassing. What that program tells you is that when both presidents pushing that illegal war (LBJ and Nixon) are dead and gone and when a documentary filmmaker films something, PBS will air it. The show was cancelled in 1969. "The power of PBS" is that thirty-nine or forty years later (we started seeing that special in 2008 on some PBS stations), that illegal war can be addressed semi-honestly via an entertainment program as long as the focus is on music and comedy.
Tom and Dick are on tour. We mention that because they're wonderful performers, well worth seeing. We also mention it because PBS beggars did as well. Usually offering two tickets to whenever the brothers came to town and usually telling viewers, "Imagine what they have to say about what's going on today!"
Yeah, image that.
Imagine it because you won't see it on TV. And though the PBS beggar would probably nod once we said that, a pompous nod with a thin smirk, feeling really proud of themselves, point of fact, you don't see it on PBS either.
It's not just the networks, it's PBS as well.
We first started seeing the Smothers Brothers special as the election approached so it's been well over a half-a- year now. And we heard the pitches over and over about what PBS does and the quality programming it brings you and blah, blah, blah. You never really grasp how much sameness there is to PBS until you travel the country and catch all the various "member stations." You start to realize there's more variety at your average McDonald's franchise than on PBS.
And you start to grasp how long it's been since PBS was even remotely culturally relevant.
But it really takes those look backs at the "Golden Age of TV" (the fifties) and those programs on Carol Burnett or the Smothers Brothers -- with the pompous remarks by the on-air beggars -- to drive home how little PBS does.
And it could do so much more besides give second lives to Brit-coms and Brit-amas.
Where is PBS' variety show?
That's not a joke nor is it something PBS couldn't do. We were talking to NPR friends last week about
their concerts and asking what radio programs videotape them for podcasts? An increasing number. Now sometimes the acts are big names, sometimes they're emerging, but every Friday at noon EST, NPR has a live concert. Two or three songs could be culled from that each week to present the music faction. They could bring a comic to do a stand up bit. They could do a cutting from a play.
What we're describing so far is Omnibus which ran for nine years and predates the creation of PBS. But this program did have an underwriter: The Ford Foundation. It's hard to believe such a show wouldn't have that today. And PBS could do quite a bit more than just Omnibus. They could put a news segment in it of weekly highlights (headlines) and even do an investigative news segment. They could make it a real mix if they wanted.
But they're not doing anything. And when we were discussing this with NPR friends, they pointed out that if footage of the NPR concerts were used, for example, that would get the word out on the concerts and the various NPR stations that broadcast them (they can be streamed online from anywhere). It would be a way for NPR and PBS to work together and pool resources at a time when PBS is facing some cutbacks.
PBS could do a variety show very easily and very inexpensively. They would also find many corporate sponsors willing to underwrite it. But instead of doing that, they want to repeatedly bemoan the death of the variety show and repeatedly highlight variety shows no longer on the air. The Death of Television is another 'new' PBS music special which is nothing but one oldies concert (doo-wop or folk) cut up into segments to make three specials. Where all the performers are so congealed, they appear to have film over their eyes.


I love that one. Knowing that it wasn't planned (they were going to review Fringe) made me love it even more. This was done on the fly and mainly because they could pair the Barbra Streisand concert CBS aired Friday. It may help to know the work of the Smothers Brothers; however, I think everyone can enjoy the above.

"Iraq snapshot" (The Common Ills):
Monday, April 27, 2009. Chaos and violence continue, Iraqi Christians are under assault again, a US raid reveals how hollow the SOFA is, the bases reveal how hollow the SOFA is, the talk of the US staying in Iraq cities reveal how hollow the SOFA is, Nouri goes on air with the BBC, Cliff Cornell faces a court-martial tomorrow, the Steven D. Green trial began today, and more.

In Julywar resister
Robin Long was extradited from Canada. He was court-martialed August 22nd. Last month, his civilian attorney posted an essay by Robin to the Free Robin Long website:

ON JULY 14th, 2008, in my final attempt to stay in Canada, where my son and community is, Federal Judge Ann Mactavish stated that I didn't prove I would be treated harshly by the US military for being a politically outspoken opponent to the War in Iraq and Bush Administration policy. She predicted my punishment would be minimal, 30 days in the brig, perhaps. She then cleared the way for my deportation/extradition. She noted only10% of these cases go to Court Martial.
A MONTH later, I was tried in a Court Martial presided over by a judge, a Colonel in the US Army, who has President Bush in her chain-of-command. (She was later appointed by Bush to oversee trials at Guantanamo Bay, no doubt because of her political credentials.
THE ONLY aggravating evidence the Prosecution presented was a 6 minute video of me stating, among other things, that I believed my President lied to me. A political statement. The fact that this was found admissible in court for the charge of Desertion is beyond me. There were no character witnesses brought against me. The ONLY factors the Prosecution wanted shown in determining my sentence was the fact I was political and exercising my freedom of speech in criticizing my Commander-in-Chief.
IT SEEMS like a conflict of interest to have a judge determine my fate when she has to ultimately answer to the President, while I was claiming that same President was a domestic enemy, who used any reason, and manufactured reasons, to invade and wreak havoc in Iraq.
THE JUDGE came back with 30 months- that's two and a half years for not showing up for work that I believed to be morally objectionable, criminal, and its by far the harshest sentence given to a resister/deserter of the Iraq War.
I was saved from that by a plea bargain that got me 15 months. I STILL get a Dishonorable Discharge (DD). A DD will keep me from many fields of employment, from any Government position to the civilian world. It will make getting home loans all the harder. This is a FELONY CONVICTION- which will make it very hard, perhaps impossible to return to Canada to be with my young family. It is the worst grade of discharge there is.
PEOPLE THAT committed far worse crimes have been getting off with lighter sentences than me. 1st Infantry Division soldier Spec. Belmor Ramos was sentenced to only 7 months after being convicted of conspiracy to commit murder- 4 Iraqi men. I refused to participate in killings, he stood guard while others executed four unidentified Iraqi men, afterwards dumping their bodies in a Baghdad canal on '07. During his court martial Ramos admitted his guilt, stating: "I wanted them dead. I had no legal justification to do this." Where is the justice? The system is neither fair nor impartial. Can it really be transparent when you don't know who is influencing the judge from up the chain of command? Do you see how the military justice system works? – Condone killings with light sentences, but God forbid someone should call President Bush a liar and a war monger. A persons words and political opinion must be far more damaging to the good order of the military if they are anti war and critical of the President, than a soldiers criminal actions in an occupied foreign nation . . . .

His attorney is James Branum and Branum will be representing Iraq War resister Cliff Cornell tomorrow at Fort Stewart in Georgia. Cliff spent four years in Canada attempting to receive refugee status. As noted yesterday at Third: "Cliff went to Canada in January 2005. He had hopes of asylum and and hopes of a life. In
Mission Rejected, Peter Laufer's 2006 book on resistance, Cliff makes a brief appearance on pages 68 and 69. He and 'Ivan' (neither were comfortable, at that point, with giving their full names, Ivan is Ivan Brobeck) were joking around, Ivan was on skateboard and Cliff was laughing about tossing him out the window." Four years and he became the third known war resister forced out of Canada. February 10th he turned himself into the US military. Dee Knight (Workers World) reported in March that Cliff gave up his right to an Article 32 hearing on the hope that the desertion charge would be tossed out and that "a reduced charge" would replace it. That did not happen. Tomorrow at Fort Stewart, Cliff is scheduled to face a court-martial. Courage to Resist has information here and they are still accepting donations to Cliff's legal defense.

In June 2006, Lt Ehren Watada went public and became the first known officer to resist the illegal war. In
August 2006, an Article 32 hearing was held and, weeks and weeks later, the finding was released: the military would proceed with a court-martial. On Monday, February 5th, Watada's court-martial began. It continued on Tuesday when the prosecution argued their case. Wednesday, Watada was to take the stand in his semi-defense. Judge Toilet (John Head) presided and when the prosecution was losing, Toilet decided to flush the lost by declaring a mistrial over defense objection in his attempt to give the prosecution a do-over. That's not how the justice system works in the US, double-jeopardy is banned. In November of 2007, US District Judge Benjamin Settle ruled, "The same Fifth Amendment protections are in place for military service members as are afforded to civilians. There is a strong public interest in maintaing these rights inviolate." The military stated then that they would appeal. Where does it stand for Ehren currently? (His service contract ended in December 2006. He has continued to report to his base every day as scheduled.) Gregg K. Kakesako (Honolulu Star-Bulletin) addresed the issue earlier this month: "The Army says it is still awaiting a decision from newly appointed U.S. Solictor Elena Kagan, who was sworn in three weeks ago, as to whether it will appeal a federal judge decision". Yesterday the Ad Hoc Campaign to Free Ehren Watada announced a campaing to contact Solictor General Elena Kagan (202-514-2201) and Deputy Solicitor General Neal Katyal (202-514-2206) and ask them to drop the charges against Ehren, issue him an honorable discharge and release him from the military. Letters can be mailed to US Dept of Justice, 950 Pennsylvania Avenue NW, Washington, DC 20530. E-mails sent to DOJ@usdoj.gov will be passed on to Kagan and Katyal.

I have no idea why anyone is saying the decision of Judge Settle came down in October (Kakesako's saying just October which implies the most recent October, AHCtFEW says October 2007). It was November 8th. Coverage that back that up includes Hal Bernton's "
Watada court-martial now less likely?" (Seattle Times), Christian Hill's "Court-martial of Watada might not come" (The Olympian), Hal Bernton's "Court bars second court-martial for Watada, for now" (Seattle Times), Aaron Glantz' "Case Crumbles Against Officer Who Refused Iraq" (IPS -- dated "Nov 9" of 2007, Glantz opens, "First Lt. Ehren Watada, the first commissioned officer to refuse deployment to Iraq, won what his backers are calling a 'huge victory' in court Thursday.") and Amy Goodman included it in the November 9, 2007 headlines.

Turning to Iraq, yesterday US General Ray Odierno, the top US commander in Iraq,
spoke with Rahul Sharma and Anand Sagar (Khaleej Times) and stated that the US forces may remain in some Iraqi cities after June 30th. The Status Of Forces Agreement was rammed through in the final day of the Bush adminstration (which did the ramming) and a copy was only released by the White House to the public after the Iraqi Parliament voted for it (with a huge number of MPs refusing to show for the vote) on Thanksgiving. Prior to Barack Obama being sworn in as president, he had made many objections to the SOFA and a campaign promise at his website noted his and Vice President Joe Biden's objections to the SOFA (Biden made public objections before he was on the ticket with Obama) and how it needed to be rejected. Instead, Barack suddenly decided it was a good thing. Or maybe, the election over, he no longer felt the need to imply there was a huge difference between himself and George W. Bush. Barack's 'big' Iraq War plan is the SOFA. And people continue to operate under the mistaken belief that it is binding when, day after day, it is demonstrated that there is nothing binding about that agreement. The Corpus Christi Caller-Times outlines the basics in an editorial this morning noting of the SOFA, "Under the agreement between Washington and Baghdad, U.S. combat troops would be out of Iraq by August 2010. After that, up to 50,000 -- one third of the present U.S. forces -- would remain with a non-combat role. All 140,000 U.S. troops are supposed to be gone by the end of 2011. The decision on whether to keep U.S. troops in Iraqi cities would be made by Prime Minister Nouri al-Maliki; it would be a tough call, given that a majority of Iraqis want U.S. troops out of the country."

Jim Muir (BBC News -- link has text and video) interviewed puppet Nouri today and apparently forgot to ask Nouri if he condemns the attacks on Iraq's LGBT community. He does let Nouri go on and on. Including a long winded answer where he insists that there will be no change in the June 30th deadline. Until Muir brings up Odierno, anyway.

Jim Muir: General Odierno, the commander of the American forces, has suggested that it might be necessary to keep American troops, for example, in Mosul or Baquba after the end of June if your government asks for that. Is your government prepared to ask for that?Nouri al-Kalminin: The possibility is there. The American side is willing if the Iraqi government asks for it. But so far there is no thought on the part of the Iraqi government to ask for an extension of those forces. On the basis of the field assessment we don't need them and there is no request.

Nouri's lying. Big surprise there. Baghdad's an Iraqi city. US troops will not be out of Baghdad.
Rod Nordland (New York Times) broke that story in today's paper and noted that Iraq and the US are going to focus on Mosul in talks about US troops remaining in some Iraqi cities. Nordland reveals they will remain in Baghdad (he says "parts of Baghdad" -- that means they will be in Baghdad and Baghdad is a city) and that Camp Victory ["Camps Victory, Liberty, Striker and Slayer, plus the prison known as Camp Cropper"] and "Camp Prosperity" will not be closed or turned over to Iraq according to Iraqi Maj Gen Muhammad al-Askari. The SOFA 'requires' that they be closed or turned over but al-Askari says they're making exceptions even though the SOFA 'requires' otherwise. For the mammoth Camp Victory, it is in Baghdad and out of Baghdad, for example, so al-Askari says they consider it out of Baghdad. US Maj Gen David Perkins thinks Mosul will also continue to have US troops stationed there. Nouri should have stuck to his tall tales about how all the female bombers are escapees from mental institutions.

Violence continued over the weekend and one incident raised the issue of the allegedly 'binding' SOFA again. Sunday
Laith Hammoudi and Hussein Kadhim (McClatchy Newspapers) reported a US raided a home in Kut (Wasit Province) "at dawn," during which two adults -- one male and one female -- were killed by the US military who also made 4 arrests (Iraqi police) or 6 arrests (US military) were made including the arrest of an Iraqi police officer. BBC added Nouri al-Maliki was claiming Iraqis were not informed and didn't give permission; therefore the raid was illegal and a violation of Iraq's soveriegnty. al-Maliki is calling for those responsible for the two deaths to be turned over to Iraqi officials, "The BBC's Jim Muir in Baghdad says it is the most serious dispute between the US and Iraq since the agreement came into force at the start of the year. One senior local official said the actions had rendered the pact 'meaningless'." Reuters reported Kut was the scene Sunday of a crowd of "hundreds" protesting the deaths with signs and slogans referring to the "criminal occupiers,"
Here is the US military's Sunday statement in full on the raid:Coalition forces arrested six suspected members of the JAM Special Groups and Promise Day Brigade and killed one suspected network criminal early Sunday in Al Kut. In an operation fully coordinated and approved by the Iraqi government, Coalition forces targeted a network financier, who is also responsible for smuggling weapons into the country to support JAM Special Groups and Promise Day Brigade. Coalition forces approached a residence believed to be the location of the suspect, as forces approached the residence an individual with a weapon came out of the home. Forces assessed him to be hostile, and they engaged the man, killing him. During the engagement, a woman in the area moved into the line of fire and was also struck by gunfire. A Coalition forces medic treated her on site, but she died of her wounds before she could be evacuated. Forces apprehended six other JAM Special Groups and Promise Day Brigade associates without incident. The Government of Iraq has requested the temporary assistance of US forces for the purpose of supporting Iraq in its effort to maintain security and stability, including cooperation in the conduct of operations against terrorist and criminal groups, and remnants of the former regime. Charles Levinson and Nada Raad (Wall St. Jounal) note, "Prime Minister Nouri al-Maliki issued a statement calling the raid a 'crime' and said it violated the terms of the security agreement, which requires the U.S. military to coordinate manuevers with Iraqi counterparts." The Chicago Tribune, consistent with other reports, terms it a "predawn raid." Steven Lee Myers (New York Times) repeatedly omits the term "dawn" and he repeatedly refers to the "security agreement" without identifying it as the Status Of Forces Agreement. Myers does tell readers the target of the raid was Ahmed Abdul Sada and that the woman who died, Azhar, was his wife and the man who died, Khalid, was his brother. Myers states the US military released the ones arrested but leaves out the fact that the Iraqi government demanded the ones arrested be released. Corinne Reilly and Hussein Kadhim (McClatchy Newspapers) quote Iraqi Col Shawqat al Alusi declaring, "There was no approval given." Ernesto Londono and Zaid Sabah (Washington Post) observe: "The incident marked the first time Iraq's government has called for the prosecution of U.S. soldiers and sets the stage for a showdown between the two countries at a time when sectarian violence appears to be spiking."

Yesterday
Sam Dagher (New York Times) reported that the US and England visited Jordan earlier this month in an attempt to convince "Saddam Hussein's top generals" to return to Iraq (and this followed the officials attending a year's worth of meetings between these exiles and reps from Nouri's government). Not for prosecution. To help stabalize the country. They refused. They don't trust Nouri and they don't trust him because of his actions and his many public statements. Dagher notes:On March 28, Mr. Maliki's Shiite-led government arrested a prominent Sunni leader on charges of heading a secret armed wing of Mr. Hussein's Baath Party. A week later, the prime minister accused Baathists of orchestrating car bombings that killed more than 40 people. On Monday, he lashed out again, saying the Baath Party was "filled with hate from head to toe."The de-de-Baathification? That became a 'benchmark'. And so what?What was the point of those 'benchmarks'? They were supposed to allow progress claims to be evaluated. And they were supposed to prevent blood and money being tossed at a puppet government which did nothing. But Nouri didn't do a damn thing. None of the benchmarks took place in 2007. The year they were supposed to. (The provincial elections 14 of Iraq's 18 provinces held in January were supposed to take place in 2007, for example.) There was no effort by the US Congress -- don't just blame Bush here -- to say, "These benchmarks aren't being met. The deal was, Iraqi did A, B, C, D, E . . . and we continued the funding. We are cutting off the funding." That never happened and Nouri signed off on these benchmarks.He signed off on them and then he blew them off. Now Nouri, who loves his show trials, is calling for the heads of US soldiers? That's why the minute Barack was sworn in, he should have done what he promised on the campaign trail, moved to immediately begin withdrawal. He didn't. And now the US troops will not only have to deal with the chaos and violence they had to in 2008, they're also now going to have to know that any mission their commanders send them on could get them tossed in an Iraqi prison.


In other violence over the weekend, Sunday saw the continued assualt on Iraqi Christians.
Jomana Karadsheh (CNN) reports Kirkuk was the location where 2 women were "murdered in their home" tonight (their throats were slit) and the location where a father and two sons were shot in their home. All attacked were Christians. AFP says the father, Yussef Shaba, was shot dead and two sons (Bassel and Samer) were left injured and they identify the mother in the first attack as Mouna Latif Daoud and the other woman as her (unnamed) daughter. Alsumaria notes, "Chaldeans Archbishop in Kirkuk Louis Sako rebuked these coward and terrorist crimes affirming that Christians are part of Iraq's people and perpetrators should be brought to justice." Turning to some of today's reported violence . . .


Bombings?
Hussein Kadhim (McClatchy Newspapers) reports a Baghdad grenade attack which left two police officers injured. Reuters notes a Mosul roadside bombing which injured three people (two are Iraqi soldiers).

Corpses?
Hussein Kadhim (McClatchy Newspapers) reports 1 corpse discovered in Mosul Sunday night.

Saturday the
US military announced: "TIKRIT, Iraq -- A Multi-National Division – North Soldier died from injuries sustained following an attack on a patrol in the Kirkuk Province of northern Iraq, April 25. The name of the deceased is being withheld pending notification of next of kin and release by the Department of Defense." The announcement brings to 4278 the number of US service members killed in Iraq since the start of the illegal war. This is the fourth death of a US service member announced this week and the 15th for the month thus far -- already putting April's death toll ahead of March's.

In diplomatic news, Friday US Secretary of State Hillary Clinton flew to Kuwait. The
same day US Ambassador Chris Hill arrived in Baghdad (though no one wants to talk about that). Saturday the Secretary went to Baghdad for a brief and unnannounced visit. Mary Beth Sheridan (Washington Post) noted of the flight into Baghdad, "Once on board, staff and reporters grabbed sweaty body armor from a mound in the back of the aircraft, and practiced strapping on helmets." The US State Dept issued a statement when Clinton arrived in Baghdad noting she would leave through Kuwait but would "meet with Prime Minister al-Maliki, President Talibani, Deputy President al-Hashimi, Foreign Minister Zebari, and other senior leaders in the Government of Iraq. They will discuss issues of common concern including security, stability operations and assistance. Secretary Clinton will also meet with Ambassador Christopher Hill and Multinational Force-Iraq Commander Odierno to discuss the Administration's new direction and change of mission for U.S. forces in Iraq and hold a roundtable with Iraqi women." In addition she was scheduled to "participate in a townhalll with Iraqi citizens who work day in and day out with Provincial Reconstruction Teams, to hear from and discuss with them what they are achieving as well as issues facing the Iraqi people." For a transcript of the townhall, see "Secretary's Remarks: Remarks at the Town Hall Meeting with PRT Leaders and Iraqi Partners"; for a transcript of the press conference with Hoshyar Zebari, see "Near East: Remarks With Iraqi Foreign Minister Hoshyar Zebari." NPR's Michele Kelemen (Weekend Edition) offers an audio report of the trip to Iraq.

Today,
Steven D. Green goes on trial: "The jury trial will commence on April 27, 2009, 9 a.m. (CDT) and will be held in the Paducah Division of the Western District of Kentucky, located at 501 Broadway, Paducah, Kentucky." Green is on trial for the gang-rape and murder of 14-year-old Abeer Qasim Hamza al-Janabi and the murders of her five-year-old sister and her parents. Green denies involvment. Soldiers already convicted of the War Crimes finger him as the ringleader, as the murderer of all four and as one of the gang-rapists. The others faced military courts because they were in the military. Green was discharged before the War Crimes were known. Andrew Wolfson (Courier-Journal) reports, "In an opening statement in a trial that is expected to last three to five weeks, Justice Department lawyer Brian Skaret said the government will present at least five witnesses who say Green bragged about the crimes, including one who says Green told his fellow soldiers that it was 'awesome'." Green's attorney Patrick Bouldin wanted people to grasp that Iraq's "a perfect storm of craziness" and since he didn't bother to deny the charges, the defense appears to be attempting a plea of "not guilty by reason of insanity by reason of location."


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