Jim White

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Waving the Constitution at Those Who Ignore It

I waved my pocket copy of the Constitution at Nancy Pelosi on July 19,2008. Khizr Khan waved his at Donald Trump on July 28,2016.

I waved my pocket copy of the Constitution at Nancy Pelosi on July 19,2008. Khizr Khan waved his at Donald Trump on July 28,2016.

In real time Thursday night, I caught only the final few seconds of Khizer Khan’s powerful speech at the Democratic National Convention in Philadelphia. Through the rest of Thursday and Friday, more and more of the details of the speech flitted through my Twitter stream and then my heart was warmed when I saw photos of Khan pulling out his pocket copy of the Constitution and waving it at Donald Trump. Almost exactly eight years ago, I had done the same thing, waving my pocket copy at Nancy Pelosi, who then was Speaker of the House and appearing at Netroots Nation in Austin.

Khan was confronting Trump about his campaign in which he had noted that “Trump consistently smears the character of Muslims. He disrespects other minorities, women, judges, even his own party leadership. He vows to build walls and ban us from this country.” (Quotes come from this copy of Khan’s transcript.) Khan then continued, presumably in reference to banning Muslims from the US: “Donald Trump, you are asking Americans to trust you with our future. Let me ask you: Have you even read the U.S. Constitution? I will gladly lend you my copy.”

In my case, as I noted here and then in a follow-up a couple of months later here, I was urging Pelosi to act on the clear evidence that the George W. Bush administration had committed war crimes including torture. Sadly, as we now approach the end of two terms with Barrack Obama as President, no significant Bush Administration official has faced any consequences for the torture and other war crimes carried out in our name. Further, despite clear-cut evidence of many crimes by banksters in the massive foreclosure fraud crisis that dispossessed a significant proportion of the US middle class, no significant prosecutions have been undertaken by the Department Formerly Known as Justice.

Khan is so right to wave the Constitution in Trump’s face. Note that a central feature at recent Trump rallies has been endless chanting of “Lock her up”, calling for prosecution of Hillary Clinton for crimes associated with her use of a private email server (and presumably also for Benghazi!!1!) while serving as Secretary of State.

And that is where I see potential huge danger for our dear Constitution. We already have seen failure to prosecute crimes of tremendous impact to the world and to ordinary citizens here at home. Should Trump win, how could a “Justice Department” that already has shown a willingness to ignore the law in response to the desires of two presidents in a row refuse Trump’s insistence that Clinton be incarcerated through massive overcharging of any technical violation (if it even occurred, which is a huge stretch on its own) on the email front and totally fabricated charges on Benghazi.

Thank you, Khizr Khan for reminding our country that we are founded on what should be a sacred document that lays out how we should establish justice. And thank you for the sacrifice of your son Humayun, who was lost while taking part in an ill-advised war in which many of the war crimes discussed above were carried out.

Here is the full video of Khan’s speech. Standing next to him is his wife, Ghazala Khan.

When Does a Random Taxi Driver Become a Lawful Combatant?

Mohammad Azam, in a photo at the linked Guardian article.

Mohammad Azam, in a photo at the linked Guardian article.

A couple of weeks ago, I wrote a post questioning the Obama Administration’s logic in killing the leader of the Afghan Taliban in a drone strike in Pakistan. It turns out that the Defense Department also employed some very suspect reasoning surrounding the drone strike.

On June 1 (apologies for the delay, but as most of you know, our site was hacked and has migrated to a new host) Brigadier General Charles H. Cleveland, who heads the US effort in Afghanistan, took part in a press conference in which he was patched into Washington via a video link from Kabul. At the end of the transcript, we have a very telling exchange:

Q: General, Lucas Tomlinson, from Fox News. Just a quick follow-up to Louis’ question. Were you or General Nicholson concerned that Mullah Mansur was in Iran? And are you concerned about Iran sheltering Taliban officials? Thank you.

BRIG. GEN. CLEVELAND: Yes, Lucas. Thank you very much.

You know, our — our real focus on it, again, continue to be Afghanistan and I know it sounds like I’m dodging your question and I don’t mean to, but again, you know, the location of Mullah Mansur and where he was either before or during the strike, et cetera, are really questions that probably the team back in Washington, D.C., has got a better answer for you.

Our real role, again, as I think you’re well aware — Mullah Mansur was a threat to U.S. forces, he was an obstacle to peace. An opportunity presented, the president made a decision and he was targeted and he was killed. And so really, the rest of the aspect of that really is better to answer — better answered back in Washington, D.C.

Q: And lastly, was the taxi cab driver — was he part of the Taliban, too? Did he — did he have that same threat to U.S. forces?

BRIG. GEN. CLEVELAND: So bottom line is we are confident, Lucas, in our targeting and we are confident that he was a lawful combatant.

General Cleveland’s response to Tomlinson here would have us think that Mohammad Azam, the taxi driver who was killed along with Mansour, was a member of the Taliban who posed a direct threat to the US. That would seem to make him an appropriate target for killing.

It seems that a suitable reference on which to rely for DoD’s thinking on combatants is to go back to William Haynes’ memo dated December 12, 2002 and titled “Lawful Combatants”. This memo comes from Haynes as General Counsel to DoD and is addressed to a Roundtable assembled by the Council on Foreign Relations. It appears that this exercise was geared toward providing legal cover for the Bush Administration’s “new” reading of international law and especially its attempts to shield prisoners from the Geneva Conventions.

In the memo, Haynes says this with regard to combatants:

An “enemy combatant” is an individual who, under the laws and customs of war, may be detained for the duration of an armed conflict. In the current conflict with al Qaida and the Taliban, the term includes a member, agent, or associate of al Qaida or the Taliban. In applying this definition, the United States government has acted consistently with the observation of the Supreme Court of the United States in Ex parte Quirin, 317 U.S. 1, 37-38 (1942): “Citizens who associate themselves with the military arm of the enemy government, and with its aid, guidance and direction enter this country bent on hostile acts are enemy belligerents within the meaning of the Hague Convention and the law of war.”

“Enemy combatant” is a general category that subsumes two sub-categories: lawful and unlawful combatants. See Quirin, 317 U.S. at 37-38. Lawful combatants receive prisoner of war (POW) status and the protections of the Third Geneva Convention. Unlawful combatants do not receive POW status and do not receive the full protections of the Third Geneva Convention. (The treatment accorded to unlawful combatants is discussed below).

The President has determined that al Qaida members are unlawful combatants because (among other reasons) they are members of a non-state actor terrorist group that does not receive the protections of the Third Geneva Convention. He additionally determined that the Taliban detainees are unlawful combatants because they do not satisfy the criteria for POW status set out in Article 4 of the Third Geneva Convention. Although the President’s determination on this issue is final, courts have concurred with his determination.

So according to the 2002 DoD interpretation of a “determination” by President George W. Bush, members of the Taliban are enemy combatants. But they also are unlawful combatants instead of lawful combatants, so that is one bit of misleading information from Cleveland.

A much bigger problem, though, is that from all appearances, Mohammad Azam was not a driver affiliated with the Taliban and certainly not Mansour’s personal driver. The Guardian looked carefully into the circumstances of how Azam came to be driving Mansour and it appears that Azam was randomly assigned to drive Mansour:

It was a series of chance occurrences that led to Azam finding one of the US’s most wanted men sitting in his white Toyota Corolla.

Azam got much of his work though a small local transport company owned by Habib Saoli, which has its office near the exit of the Iranian-Pakistani border facility that straddles the border.

Mansoor emerged from that building shortly after 9am on 21 May, returning to Pakistan after a long visit to Iran which, it has been reported, was for both medical attention and to visit members of his family.

/snip/

He immediately began looking for a ride for the 600km journey to the city of Quetta.

Said Ahmed Jan, an employee of a bus company, was trying to fill up the final seats of his Quetta-bound minibus but Mansoor wasn’t interested.

“He said, ‘I want to go in a car’, so I called Habib and asked him to provide a car,” said Jan. “Habib took a little commission and gave the job to Azam.”

It’s very hard to see how a taxi driver randomly assigned to transport a legitimate target of the Defense Department suddenly becomes transformed into a lawful combatant himself. Despite Cleveland’s assurance to the contrary, I seriously doubt that DoD considered Azam a lawful combatant at the time they authorized the strike. The most logical assumption is that DoD came to the decision that Azam’s life was acceptable collateral damage for taking out Mansour. Cleveland simply lacked the honesty to deliver that sad truth.

There also may be legal reason for this lie, however, since Azam’s family has started the paperwork within Pakistan to sue the US over his death. It will be interesting to see whether the case proceeds, especially in light of the previous ruling in the Peshawar High Court that US drone strikes in Pakistan are war crimes.

Postscript: I suppose that one might argue that Cleveland was referring to Mansour rather than Azam when he was making his assurance that “he was a lawful combatant”, but then that says Cleveland completely ignored the question about the status of Azam.

Mullah Mansour Drone Strike: Important Milestone or Radicalizing Event?

How much more ironic could it be? More than 43 years after the last Americans evacuated Vietnam, ending our disastrous occupation there, the dateline reads Hanoi on President Barack Obama’s statement today on the US drone strike that killed Mullah Akhtar Muhammad Mansour. Mansour was the head of Afghanistan’s Taliban but was in Pakistan at the time the US killed him with a drone, striking a similarity to the US “secret” bombing of Cambodia during the Vietnam war.

From today’s New York Times, we have parts of Obama’s statement:

Calling the death “an important milestone,” President Obama said in a statement, released just as he was meeting with top officials in Vietnam, that the United States had “removed the leader of an organization that has continued to plot against and unleash attacks on American and coalition forces.”

“Mansour rejected efforts by the Afghan government to seriously engage in peace talks and end the violence that has taken the lives of countless innocent Afghan men, women and children,” Mr. Obama continued in the statement. “The Taliban should seize the opportunity to pursue the only real path for ending this long conflict — joining the Afghan government in a reconciliation process that leads to lasting peace and stability.”

So Obama is saying that the Taliban should respond to our extrajudicial killing of their leader by reconciling with the Afghan government (chosen in large part by John Kerry) and working toward peace. What are the odds of that happening? Max Abrahms has some very important points to make on that topic:

Dr Max Abrahms, from Northeastern University in Boston, said the US Government does not look carefully enough at the strategic implications of its strikes on extremist leaders.

He said he had done a number of studies on leadership decapitation of a militant group and he had not found a statistically significant reduction in the amount of violence perpetrated by the group after a leader was removed.

“In fact these decapitation strikes can actually be counter-productive, because one of the assumptions of the targeted killing campaigns is that the replacement of the leader that you killed will be more moderate,” Dr Abrahms said.

“And yet I find just the opposite to be true. The replacement is even more extreme.

“So for that reason, in the immediate aftermath of a successful targeted killing, like over this weekend, the group’s violence tends to become even more extreme, in the sense that it’s even more likely to attack civilian targets.”

And so our circle of irony is complete. Obama’s statement on the killing of Mansour, released from Vietnam, shows that US military misadventures still rely on faulty logic when major moves are made. A strike made to make the Taliban more peaceful seems virtually certain to result in more indiscriminate killing of civilians.

Because I know how much Marcy enjoys miraculous “left behind” documents, I couldn’t resist following up on a Twitter reference I saw flit by yesterday about how a passport for Mansour somehow survived the conflagration in the taxi in which Mansour met his death by drone. By following it, though, I found even more deep irony in the drone strike. This article by ToloNews carries a photograph of a pristine-looking passport. Compare that with the photo in the New York Times article linked above with the burned out wreckage of the vehicle Mansour was said to have been in when hit. How could the passport have survived?

But wait, there’s more! ToloNews tells us that the passport has Mansour’s name and carries a valid Iranian visa. Furthermore:

Meanwhile, a number of analysts said the Taliban in recent months tried to extend relationships with Iran and Russia to fight Daesh and that there is a possibility that Mansour traveled to Iran to escape ISI and talk with Iranian officials.

“Iran is afraid of Daesh presence in Afghanistan, because Daesh is an enemy to Iranian clerics; therefore, Iran wants to eliminate Daesh with the help of the Taliban. Previously, Taliban had strong affiliation to Saudi Arabia, but now there is a rift between Iran and Saudi Arabia and Iran wants to expand its influence on the group [Taliban],” political analyst Shafiq Hamdam said.

So while Mansour and his group have continued to reject peace talks with the Afghan government, at least some observers believe that he was in the process of trying to join the fight against Islamic State. And it may well be that he died because of that effort. Here’s a map of the region, showing that the site of the drone attack, Ahmad Wal, lies about 100 miles away from Quetta (where the Afghan Taliban has long been believed to be headquartered) along the highway that is the most direct route to Iran from Quetta.

Google map of the region surrounding Ahmed Wal, where Mullah Monsour was killed.

Google map of the region surrounding Ahmed Wal, where Mullah Monsour was killed.

Snickers Bars and Fudged ISIS Intelligence

Yesterday, Shane Harris and Nancy Youssef informed us that there is now a second allegation of manipulation of intelligence on ISIS:

U.S. military analysts told the nation’s top intelligence official that their reports on ISIS were skewed and manipulated by their bosses, The Daily Beast has learned. The result: an overly optimistic account of the campaign against the terror group.

The complaints, lodged by analysts at U.S. Central Command in 2015, are separate from allegations that analysts made to the Defense Department inspector general, who is now investigating “whether there was any falsification, distortion, delay, suppression, or improper modification of intelligence information” by the senior officials that run CENTCOM’s intelligence group.

This second set of accusations, which have not been previously reported, were made to the Office of the Director of National Intelligence (ODNI). They show that the officials charged with overseeing all U.S. intelligence activities were aware, through their own channels, of potential problems with the integrity of information on ISIS, some of which made its way to President Obama.

Once again, it is senior officials at CENTCOM who are accused of manipulating the reports from analysts to make it look as though the US is making more progress against ISIS than is actually happening.

I had never gotten around to posting on this issue when the first accusations came out, but it is my belief that neither investigation will find these senior people at CENTCOM to be guilty of any transgressions. Instead, it seems very likely to me that these officers will claim that they were taking part in an Information Operation aimed at making the fighters within ISIS think that the situation is deteriorating more than is the actual case. I wrote about operations of this sort, termed MILDEC (for Military Deception) back in 2010.

One tidbit I had found back then related to the functions of MILDEC:

Causing ambiguity, confusion, or misunderstanding in adversary perceptions of friendly critical information, which may include: unit identities, locations, movements, dispositions, weaknesses, capabilities, strengths, supply status, and intentions.

Simply by stating that this is what they were doing, these senior officers seem likely to avoid any negative consequences for what they have done. But Harris and Youssef seem to think that the fudging of data was done to fit the intelligence to the Obama administration’s previous comments:

The analysts have said that they believe their reports were altered for political reasons, namely to adhere to Obama administration officials’ public statements that the U.S.-led campaign against ISIS is making progress and has put a dent in the group’s financing and operations.

While that does seem like a distinct possibility, it feels backwards to me. Although the Pentagon is not allowed to aim any of its propaganda toward a US audience (unlike recent loosening of this regulation for propaganda from the State Department), I would think that the real target for these senior officers would be the President and Congress. Even though they have the cover of saying they are spinning yarns to fool ISIS, keeping the bosses who control the purse strings happy would fit quite well with what is going on. [Over at Moon of Alabama, b has an alternate theory about various forces at work relating to ISIS, especially in Syria.]

What a coincidence for me, though, that as I was thinking about MILDEC relating to capability estimates of ISIS, this hilarious AP story came out less than 24 hours later:

Faced with a cash shortage in its so-called caliphate, the Islamic State group has slashed salaries across the region, asked Raqqa residents to pay utility bills in black market American dollars, and is now releasing detainees for a price of $500 a person.

The extremists who once bragged about minting their own currency are having a hard time meeting expenses, thanks to coalition airstrikes and other measures that have eroded millions from their finances since last fall. Having built up loyalty among militants with good salaries and honeymoon and baby bonuses, the group has stopped providing even the smaller perks: free energy drinks and Snickers bars.

Interestingly, the story goes back over most of the information in those two opening paragraphs and makes attributions (although some look pretty flimsy) for the sources of the information. The Snickers part, however, is credited to no sources.

At a time when senior officers at CENTCOM are fudging data on ISIS supplies and capabilities, perhaps as part of an Information Operation, why shouldn’t they throw in a gratuitous Snickers jab?

But then again, if ISIS really isn’t getting their Snickers bars, we could be in big trouble:

Reagan’s Republican Revolution and the Death of the American Dream

On August 3, 1980, Ronald Reagan delivered a watershed speech (pdf) as the presidential campaign entered its final three months. The most often-quoted passage of the speech is his siren call to states’ rights:

I believe in state’s rights; I believe in people doing as much as they can for themselves at the community level and at the private level. And I believe that we’ve distorted the balance of our government today by giving powers that were never intended in the constitution to that federal establishment. And if I do get the job I’m looking for, I’m going to devote myself to trying to reorder those priorities and to restore to the states and local communities those functions which properly belong there.

As William Raspberry noted on the occasion of Reagan’s death in 2004, both the call for states’ rights and the location chosen for delivering the speech had powerful racial overtones:

Philadelphia, county seat of Mississippi’s Neshoba County, is famous for a couple of things. That is where three civil rights workers — Michael Schwerner, James Chaney and Andrew Goodman — were murdered in 1964. And that is where, in 1980, Republican presidential candidate Ronald Reagan chose to launch his election campaign, with a ringing endorsement of “states’ rights.”

It was bitter symbolism for black Americans (though surely not just for black Americans). Countless observers have noted that Reagan took the Republican Party from virtual irrelevance to the ascendancy it now enjoys. The essence of that transformation, we shouldn’t forget, is the party’s successful wooing of the race-exploiting Southern Democrats formerly known as Dixiecrats. And Reagan’s Philadelphia appearance was an important bouquet in that courtship.

Raspberry rightfully notes the Southern strategy preceded Reagan, originating during the Goldwater and Nixon campaigns and he even noted that when considering Reagan, Raspberry “used to find myself almost believing he wasn’t truly responsible for the bad outcomes of his policies.” But the bottom line is that the movement Reagan catalyzed had horrific racial consequences. Even worse, the Reagan movement also initiated changes that in the intervening 36 years have resulted in the virtual destruction of the middle class and the transfer of most of America’s wealth into the hands of a very select few.

Even the pivotal Philadelphia, Mississippi speech sowed the the seeds for this destruction, as well. The very next paragraph in the transcript after the snippet quoted above shows how the process started:

I’m going to try also to change federal regulations in the tax structure that has made this once powerful industrial giant in this land and in the world now with a lower rate of productivity than any of the other industrial nations, with a lower rate of savings and investment on the part of our people and put us back where we belong.

Going back to look at the historical record on several fronts shows how these basic tenets of Reaganism from his Philadelphia speech resulted in massive institutional racism and the destruction of the middle class.

Racism

The powerful Republican dog-whistle of states’ rights was implemented in the Reagan era on many fronts, but is illustrated most succinctly when we look at data on imprisonment of Americans.

The figure below, from the Prison Policy Initiative, has been making the rounds recently as the Sanders and Clinton camps have argued over the effects of the 1994 crime bill passed during Bill Clinton’s first term: Continue reading

Afghanistan Quagmire Update: Now With Even More Failure

Just before the election this fall, the US war in Afghanistan will pass its fifteenth birthday, making it old enough to obtain a driving learner’s permit in most states. Despite the fact that the Taliban government fell after only eight days of the war, the US has inexplicably stayed in the country, ostensibly maintaining peace, eliminating a small force of al Qaeda and “training” Afghan defense forces to take over. During that time the US has expended an ungodly amount of money, lost thousands of US troops and been present for much larger losses of life throughout a country that also has seen unacceptable numbers of internally displaced people. All of this has taken place while Afghanistan has continuously been found at or near the top of the list of the most corrupt nations on the globe.

Now, nearly fifteen years into the misadventure, we see that conditions in Afghanistan are deteriorating at an ever increasing rate. The Special Inspector General for Afghanistan Reconstruction today issued its 30th in its series of quarterly reports to Congress (pdf). Nothing in the report provides any hope that Afghanistan will emerge from the US war nightmare as a functional country any time soon.

Violence levels in Afghanistan are at an all-time high. SIGAR relied on UN data to provide this illustration of violence levels over time:

UN data on Afghanistan security events as presented in the SIGAR quarterly report, January 2016.

UN data on Afghanistan security events as presented in the SIGAR quarterly report, January 2016.

Although sources and methods of reporting on violence levels in Afghanistan have changed over the years, consultation with posts here and here shows that since the days when troops were diverted from the misadventure in Afghanistan to the even bigger misadventure in Iraq, violence has trended only upward.

Another key feature of the US “activities” in Afghanistan has been the “training” of Afghan forces to step up and take over primary responsibility for defense of the the country. The US has disbursed over $56 billion in this training and equipping effort. After years of SIGAR reports carefully documenting the numbers of Afghan troops trained and the capabilities of those forces, we suddenly encountered a wall of classification of Afghan troop capabilities last year as the US effort in Afghanistan was “ending”.

Today’s report states that Afghanistan reports a fighting force of 322,638 out of a target size of 360,004. However, SIGAR notes that AP has seen through the ruse that Afghanistan uses in its self-reporting of troop numbers:

However, a January Associated Press report alleged that the actual number of ANDSF security forces is far less because the rolls are filled with nonexistent “ghost” soldiers and police officers. In that report, a provincial council member estimated 40% of the security forces in Helmand do not exist, while a former provincial deputy police chief said the actual number was “nowhere near” the 31,000 police on the registers, and an Afghan official estimated the total ANDSF number at around 120,000—less than half the reported 322,638. The success of military operations is at risk, because as one Afghan soldier in Helmand said, they do not have enough men to protect themselves. Additionally, an Afghan lawmaker claimed the government is not responding to the crisis because a number of allegedly corrupt parliamentarians are benefiting from the “ghost” security forces salaries.

SIGAR points out that they have long questioned the reliability of ANSF size and capability reporting, so the AP report should be of no surprise to anyone. Given these issues of the real fighting force size for Afghanistan, it also should come as no surprise that the Pentagon has cut back on how much information it releases. In today’s report, that is marked by this statement:

This quarter, details of ANDSF force strength at corps level and below remained classified. SIGAR will report on them in a classified annex to this report.

A key aspect of what remains classified is most of the information on Afghan troop capabilities. However, the abject failure of these troops can be seen in the assessment of how much of the country has fallen back into Taliban hands:

USFOR-A reports that approximately 71.7% of the country’s districts are under Afghan government control or influence as of November 27, 2015. Of the 407 districts within the 34 provinces, 292 districts are under government control or influence, 27 districts (6.6%) within 11 provinces are under insurgent control or influence, and 88 districts (21.6%) are at risk. In a report issued in December, DOD stated that the security situation in Afghanistan has deteriorated. There are more effective insurgent attacks and more ANDSF and Taliban causalities.

And yet, the mass delusion within the Pentagon persists, as that bleak paragraph above ends with this unbelievable sentence:

However, DOD remains optimistic that the ANDSF continues to improve its overall capability as the capabilities of the insurgent elements remain static.

This completely unfounded and contrary to all available data assessment by DOD of the situation in Afghanistan says everything we need to know about how these geniuses have failed at every step of the way in a mission that has mired the US in a quagmire that anyone could have predicted before the first bomb fell.

The Circumstantial Case for Flint River Water and Hot Water Tanks Leading to Flint’s Legionnaires’ Oubreak

Although the progressive community has been aware, for more than a year, of the water quality crisis in Flint that was created when the state-appointed emergency manager switched Flint from Detroit’s water system to a supply from the nearby Flint River, national attention is only now starting to focus on it. Today’s New York Times features an editorial denouncing the “depraved indifference” Governor Rick Synder’s administration showed toward Flint as the crisis unfolded.

The basics of what happened are clear. Water from the Flint River is much more corrosive than that from the Detroit water system (from Lake Huron). Even though this water leaves the Flint processing facility fairly clean and appearing to meet most standards, its corrosive nature results in the pipes in the aged Flint distribution system corroding. Both iron and lead leach into the water as a result of this corrosion, leaving the water with a reddish-orange tint and unsafe levels of lead. Children in the area have already shown elevated levels of lead in their systems. Sadly, lead damage is irreversible.

A bit of digging shows that the corrosive nature of the Flint River water comes from its high chloride content. [Note: free chloride ions (Cl) are distinct from intact molecular chlorine (Cl2) and have very different chemical effects in the systems being described here. For brevity, they will be referred to as chloride and chlorine, respectively.] That high chloride content very likely results from heavy application of salt to roads during winter and subsequent runoff of the salt into tributaries and the river. The Flint River has a chloride content about eight or nine times higher than Lake Huron.

Technical documentation of the Flint water crisis is almost entirely the work of a group of researchers directed by Professor Marc Edwards of the Department of Civil and Environmental Engineering at Virgina Tech (frequently updated at their website, flintwaterstudy.org). As the Times editorial noted, the Snyder administration tried to dismiss one group of critics as “anti-everything”. That won’t work with Edwards, who won a MacArthur Foundation Fellowship (often called a Genius Grant) in 2007 for his work on water quality.

One very simple and elegant study carried out by Edwards and his team is described in this post from August 24 of last year. The team took a clean-looking sample of Flint water and put it into a glass jar along with a piece of iron. The iron is present to mimic the effect of the Flint water coming into contact with iron pipes as it flows through the distribution system into people’s homes. An otherwise identical sample was prepared with water that came from the Detroit water system. After only five days, the jars looked dramatically different:

Flint water that has been in the presence of iron for five days takes on a reddish cast while Detroit water does not. Image is Figure 3 found at http://flintwaterstudy.org/2015/08/why-is-it-possible-that-flint-river-water-cannot-be-treated-to-meet-federal-standards/ by Dr. Marc A. Ewards and Siddhartha Roy.

Flint water that has been in the presence of iron for five days takes on a reddish-orange cast while Detroit water does not. Image is Figure 3 found at http://flintwaterstudy.org/2015/08/why-is-it-possible-that-flint-river-water-cannot-be-treated-to-meet-federal-standards/ by Dr. Marc A. Ewards and Siddhartha Roy.

The water in the Flint jar looks just like what we have seen in countless photos of exasperated Flint residents wanting something done about the poor quality of the water coming out of their taps. Leached iron by itself could well be the cause of this discoloration that is common in Flint. We will come back to this same study in a bit.

In addition to the dire issue of unsafe lead levels in homes (and subsequently documented in children) that received Flint River water, another problem may relate to the changed water source. Writing at Huffington Post earlier this week, Erin Schumaker documented an outbreak of Legionnaires’ Disease in Flint. Remarkably, in a graphic created by Alissa Scheller, we see that the outbreak coincides quite precisely with the change in water source:

Huffington Post graphic depicting Legionnaires' Disease cases in Flint and their correlation with the water source. Link: http://www.huffingtonpost.com/entry/flint-water-legionnaires-lead-crisis_us_569d09d6e4b0ce4964252c33 Graphic by Alissa Scheller.

Huffington Post graphic depicting Legionnaires’ Disease cases in Flint and their correlation with the water source. Link: http://www.huffingtonpost.com/entry/flint-water-legionnaires-lead-crisis_us_569d09d6e4b0ce4964252c33 Graphic by Alissa Scheller.

How could there be a pathway connecting the water source to a Legionnaires’ outbreak? Continue reading

Grim “Reaper” News: US Drones Inexplicably Falling From Sky

Craig Whitlock has a long read in today’s Washington Post, digging into the issue of US drones suffering problems while in flight. These problems often result in the pilots having to steer the drones into remote locations to crash because they are unable to return to base:

A record number of Air Force drones crashed in major accidents last year, documents show, straining the U.S. military’s fleet of robotic aircraft when it is in more demand than ever for counterterrorism missions in an expanding array of war zones.

Driving the increase was a mysterious surge in mishaps involving the Air Force’s newest and most advanced “hunter-killer” drone, the Reaper, which has become the Pentagon’s favored weapon for conducting surveillance and airstrikes against the Islamic State, al-Qaeda and other militant groups.

The Reaper has been bedeviled by a rash of sudden electrical failures that have caused the 21/2-ton drone to lose power and drop from the sky, according to accident-investigation documents obtained under the Freedom of Information Act. Investigators have traced the problem to a faulty starter-generator, but have been unable to pinpoint why it goes haywire or devise a permanent fix.

Whitlock goes on to tell us that the Air Force alone saw 20 drones either destroyed or suffer major damage in 2015. Later he also tells us that the Army has its own smaller fleet of drones and it has suffered similar drone catastrophes, with four major crashes last year. Remarkably, if we go to the 20 year history of the Predator drone, Whitlock informs us that about half of the 269 Predators the Air Force purchased have crashed or suffered major damage.

As mentioned above, most of these crashes involve the starter-generator failing. The search for an underlying cause for the starter-generator failures has not been successful:

Working with engineers from General Atomics, investigators identified three parts of the starter-generator that were susceptible to breakdowns. But they couldn’t figure out why they were failing.

No pattern was apparent. Older units had failed, but so had brand-new ones. There was no correlation with operating locations or conditions. The Customs and Border Protection investigation blamed an “unknown factor” that was “likely external.

Oh my. What sort of “external” causes might be at work here? Surely it couldn’t be anything like what Iran experienced in its nuclear program, could it? In a remarkable coincidence, David Sanger has an interesting article today, speculating that US sabotage of Iran’s nuclear program may well have played a role in getting Iran to the P5+1 negotiating table. And, of course, no dirty hippies have ever suggested that US drones might be vulnerable to “external” shenanigans.

Meanwhile, the US is busily installing backup starter-generators on Reapers. Whitlock tells us 47 Reapers have gotten the retrofit and that the backup system so far has been credited with 17 “saves” where the backup kicked in to allow a drone to safely return to base when it otherwise would have been ditched.

Implementation Day Fallout: Neocons Have Nuclear Meltdown Over Prisoner Exchange

The main editorial in today’s New York Times puts into proper prospective the momentous events of this past weekend. The declaration of Implementation Day for the deal negotiated over the past two years between the P5+1 group of nations and Iran merits the title of the editorial: “A Safer World, Thanks to the Iran Deal“. Just consider the import of what has been accomplished through this incredible feat of diplomacy:

This is a moment many thought would never come: Iran has delivered on its commitment under a 2015 agreement with the United States and other major powers to curb or eliminate the most dangerous elements of its nuclear program. The world is now safer for this.

The International Atomic Energy Agency verified on Saturday that Iran has shipped over 8.5 tons of enriched uranium to Russia so Iran can’t use that in bomb-making, disabled more than 12,000 centrifuges and poured concrete into the core of a reactor at Arak designed to produce plutonium.

On Sunday, President Obama hailed these steps as having “cut off every single path Iran could have used to build a bomb” and noted that engagement with Iran has created a “window to try to resolve important issues.” Most important of all, he said, “We’ve achieved this historic progress through diplomacy, without resorting to another war in the Middle East.”

Yet, as long-time commenter lefty665 pointed out this morning, in response to Implementation Day and the exchange of prisoners between the US and Iran, most of the chatter in the press (and especially its dominant conservative voices) dealt with the prisoner exchange:

Can you believe that most of the chatter has been about prisoner exchange and not the actualization of the nuclear deal and dropping of sanctions on Iran? Suppose they just happened in conjunction during a weekend news vacuum? Or was it a conscious, “Here, watch this hand” to distract attention. Either way we sure got a boatload of plain old American bozos baying at the moon as usual.

Perhaps peak “American bozos baying at the moon” over the prisoner exchange came in this editorial from the Wall Street Journal:

Now we know that Washington Post correspondent Jason Rezaian and three other Americans were hostages held by Iran in return for U.S. concessions, in case there was any doubt. And on Saturday we learned the ransom price: $100 billion as part of the completed nuclear deal and a prisoner swap of Iranians who violated U.S. laws. Iran’s Revolutionary Guards Corps should call this Operation Clean Sweep.

The timing of Iran’s Saturday release of the Americans is no accident. This was also implementation day for the nuclear deal, when United Nations sanctions on Tehran were lifted, which means that more than $100 billion in frozen assets will soon flow to Iran and the regime will get a lift from new investment and oil sales. The mullahs were taking no chances and held the hostages until President Obama’s diplomatic checks cleared.

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All of this shows that the nuclear accord is already playing out as critics predicted. The West will tread gingerly in challenging Iran’s nonnuclear military and regional ambitions lest it renege on its nuclear promises. Iran has again shown the world that taking American hostages while Barack Obama is President can yield a diplomatic and military windfall.

Ah, but the Wall Street Journal is far from alone. Consider this fine baying at the moon from Senator Tom Cotton:

But in our elation over their safe return we must be careful not to forget the dangerous circumstances of their release. President Obama has appeased Iran’s terror-sponsoring ayatollahs, this time with a ‘prisoner’ swap to secure the overdue release of four innocent American hostages in return for which Iran gets seven lawfully convicted terrorists and criminals, fourteen terrorism prosecutions halted, $100 billion in sanctions relief, and an industrial-scale nuclear program-and Iran gets to keep Americans Siamak Namazi and Robert Levinson to extract future concessions. While we exult in the return of American hostages, one must also wonder how many more Americans will be taken hostage in the future as a result of President Obama’s shameful decision to negotiate with these terrorists.

Clearly, nothing but all-out war and the deaths of hundreds of thousands will appease Cotton and his blood-lust for Iran.

The anti-Iran echo chamber also fired up against the deal and even moved beyond just the prisoner exchange. Consider this fine bit of echo, which I found when United Against Nuclear Iran retweeted David Albright’s “The Good ISIS” retweeting Josh Rogin promoting an article he wrote (by himself this time, rather than with his usual Partner in Keeping the Neocon Flame Alive Eli Lake) warning us that now Iran is going to arm Assad (somehow I can’t get the full level of retweeting echo to embed…):

Remarkably, though, there were a couple of usually reliable voices in the anti-Iran rhetoric who did not come through. AP’s George Jahn seemed fresh out of “diplomatic sources” to smear Iran, as he co-authored a piece of straight up reporting on Implementation Day. Similarly, fear-monger Joby Warrick briefly returned from his Washington Post exile to environmental reporting this morning to write about the deal, but gave as much of his analysis to a likelihood of reformers forging ahead in Iran as hardliners bringing more peril. As with Jahn, David Sanger also wound up only writing straight reporting of Implementation Day without finding much smear material to leak against Iran.

Essentially simultaneous with the lifting of sanctions against Iran due to its nuclear technology, the US imposed new sanctions because of Iran’s recent testing of ballistic missile technology. I confess to not having followed the ballistic missile controversy as closely as the nuclear technology issue, but it did strike me as unfortunate to implement new sanctions right away. This could be an attempt by Obama to provide a bit of comfort to Iran haters in our government. I also haven’t looked deeply, but these sanctions are likely to be much more limited in scope and shouldn’t produce the same widespread damage to Iran’s economy as the nuclear sanctions.

Finally, we also saw a demonstration that Hillary Clinton is indeed now a candidate running for office and no longer the diplomat she was as Secretary of State. Her statement this weekend, published after the announcement of the prisoner exchange but before the prisoners actually left Iran, was overly belligerent in its call for the new ballistic missile sanctions. She almost certainly had to have known that the ballistic missile sanctions had been held in abeyance to finish the prisoner exchange negotiations, so her statement could be seen as a late threat to the prisoners actually being allowed to leave Iran.

Implementation Day: Full Description From JCPOA Text

It is now just over six months to the day since the historic P5+1 agreement with Iran was reached, dramatically decreasing Iran’s pathways to a nuclear weapon in return for dropping economic sanctions. Although some small amounts of cash have been freed up for Iran in this intervening period, this period has consisted almost exclusively of actions by Iran while the P5+1 group of nations awaits IAEA certification that Iran has met its obligations under the agreement. Only once this certification is in place will the sanctions against Iran be dropped. Removal of many of the existing sanctions (some that don’t relate to nuclear technology will remain in place and hawks in Congress are doing their best to keep or replace the ones due to be dropped) will be a huge development for Iran, as the sanctions have devastated Iran’s economy. We are hearing that Implementation Day will arrive any moment now, perhaps later today or tomorrow (maybe even before I finish writing this overdue post).

We are now over two years into the P5+1 process, and so it should come as no surprise that an agreement this long in the making is very long and quite detailed. This post will be quite long and dry, as what it will do is to set out the language from the agreement that describes just what has taken place to get us to Implementation Day and what will take place as a result. Many steps have been taken to get us to this pivotal moment, and it is important that we see them laid out in orderly fashion.

Implementation Day

From the White House document (pdf) providing us excerpts of the Joint Comprehensive Plan of Action (JCPOA), we have this:

Implementation Day is the date on which, simultaneously with the IAEA report verifying implementation by Iran of the nuclear-related measures described in Sections 15.1 to 15.11 of Annex V, the EU and the United States takes the actions described in Sections 16 and 17 of Annex V.

Links to the various documents that make up the text of the agreement itself can be found here.

Iran’s Actions Under JCOPA

As mentioned above, sections 15.1 to 15.11 describe the actions by Iran that the IAEA will certify to have been completed. I have put the topic for each of these entries into bold text and then provide the referenced material from the other parts of the agreement:
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