Barack Obama has a preternatural preference for ivory tower elites from Harvard when it comes to judicial and executive branch appointees, and David Barron is the latest example. The White House is in the final stages of an all out push to insure David Barron gets confirmed to a lifetime Article III seat on the First Circuit.
In this regard, Mr. Barron has gotten exactly the kind of fervent support and back channel whipping the Obama White House denied Goodwin Liu, and refused to give to the nominee at OLC that David Barron stood as the designated and approved Obama acting placeholder for, Dawn Johnsen.
It turns out Mr. Obama and his White House shop really can give appropriate support to nominees if they care, which seemed to be a trait entirely lacking earlier in the Obama Presidency. And by giving the ill taken legal cover to Mr. Obama for the extrajudicial execution of American citizens, that Obama had already attempted once without, Mr. Barron certainly earned the support of the Obama White House.
It would be wonderful if Mr. Obama were to give support to candidates for judicial seats and key legal agencies who protect the Constitution instead of shredding it for convenience, but it appears to not be in the offing all that consistently. Obama has never been the same since blowback from the release of the Torture Memos when he first took office. Even Federal judges like Mary Schroeder and Bill Canby who, less than a month after Obama took office, were stunned by the about face, and wholesale adoption, by Obama of the Bush/Cheney security state protocols. From a New York Times article at the moment:
During the campaign, Mr. Obama harshly criticized the Bush administration’s treatment of detainees, and he has broken with that administration on questions like whether to keep open the prison camp at Guantánamo Bay, Cuba. But a government lawyer, Douglas N. Letter, made the same state-secrets argument on Monday, startling several judges on the United States Court of Appeals for the Ninth Circuit.
“Is there anything material that has happened” that might have caused the Justice Department to shift its views, asked Judge Mary M. Schroeder, an appointee of President Jimmy Carter, coyly referring to the recent election.
“No, your honor,” Mr. Letter replied.
Judge Schroeder asked, “The change in administration has no bearing?”
Once more, he said, “No, Your Honor.” The position he was taking in court on behalf of the government had been “thoroughly vetted with the appropriate officials within the new administration,” and “these are the authorized positions,” he said.
Make no mistake, from my somewhat substantial knowledge of Mary Schroeder, that was the voice of shock and dismay. But it was an early tell of who and what Barack Obama, and his administration, would be on national security issues from there forward. And so, indeed, it has been.
What was unconscionable and traitorous to the rule of law and Constitution for Obama, and the Democratic majority in the Senate, under George Bush is now just jim dandy under Barack Obama. It is intellectual weakness and cowardice of the highest order.
So we come back to the case of David Barron. Frankly, it is not hard to make the argument that what Barron has done is actually worse than the travesties of John Yoo and Jay Bybee. As unthinkable, heinous and immoral as torture is, and it is certainly all that, it is a discrete violation of domestic and international law. It is definable crime.
But what David Barron did in, at a minimum, the Awlaki Targeted Kill Memo (there are at least six other memos impinging on and controlling this issue, at a minimum of which at least one more is known to be authored by Barron, and we don’t even deign to discuss those apparently), was to attack and debase the the very foundational concept of Due Process as portrayed in the Bill of Rights. Along with Habeas Corpus, Due Process is literally the foundation of American criminal justice fairness and freedom under our Constitution.
David Barron attacked that core foundation. Sure, it is in the so called name of terrorism today, tomorrow it will justify something less in grade. And something less the day after. Such is how Constitutional degradation happens. And there is absolutely nothing so far known in Mr. Barron’s handiwork to indicate it could not be adapted for use domestically if the President deems it so needed. Once untethered from the forbidden, once unthinkable Executive Branch powers always find new and easier uses. What were once vices all too easily become habits. This is exactly how the once proud Fourth Amendment has disappeared into a rabbit hole of “exceptions”.
This damage to Due Process occasioned by David Barron can be quite easily argued to be more fundamental and critical to the Constitution, the Constitution every political and military officer in the United States is sworn to protect, than a temporally limited violation of criminal statutes and international norms on torture as sanctioned by Yoo and Bybee. But it is not treated that way by cheering Dems and liberals eager to confirm one of their own, a nice clean-cut Harvard man like the President, to a lifetime post to decide Constitutional law. What was detested for Jay Bybee, and would certainly be were John Yoo ever nominated for a federal judgeship, is now no big deal when it comes to David Barron. Constitutional bygones baybee; hey Barron is cool on same sex marriage, what a guy! Screw Due Process, it is just a quaint and archaic concept in a piece of parchment paper, right?
If the above were not distressing enough, the Barron nomination was supposed to, at a minimum, be used as leverage to get public release of the Barron handiwork legally sanctioning Mr. Obama to extrajudicially execute American citizens without a whiff of Due Process or judicial determination. Did we get that? Hell no, of course not. A scam was run by the Obama White House, and the Senate and oh so attentive DC press fell for it hook, line and sinker. We got squat and Barron is on the rocket path to confirmation with nothing to show for it, and no meaningful and intelligent review of his facially deficient record of Constitutional interpretation.
Barron cleared cloture late Wednesday and is scheduled for a floor vote for confirmation today, yet release of the “redacted memo” is nowhere remotely in sight. This framing on Barron’s nomination, irrespective of your ultimate position on his fitness, is a complete and utter fraud on the American citizenry in whose name it is being played. And that is just on the one Awlaki Memo that we already know the legal reasoning on from the self serving previous release of the “white paper” by the Administration. Discussion of the other six identified pertinent memos has dropped off the face of the earth. Booyah US Senate, way to do your job for the citizens you represent! Or not.
Personally, there is more than sufficient information about David Barron’s situational legal, and moral, ethics in the white paper alone to deem him unfit for a lifetime Article III confirmed seat on a Circuit Court of Appeal.
But, even if you disagree and consider Barron fit, you should admit the American citizenry has been ripped off in this process by the Democratically led Senate, and an Obama Administration who has picked a dubious spot to finally get aggressive in support of one of their nominees.
If Goodwin Liu and Dawn Johnsen, two individuals who had proven their desire to protect the Constitution, had received this kind of support, this country, and the world, would be a better place. Instead, Mr. Obama has reserved his all out push for a man who, instead, opted to apply situational ethics to gut the most basic Constitutional concept of Due Process. That’s unacceptable, but at a minimum we should have the benefit of proper analysis of Barron’s work before it happens.
Proving it is never too late to shine your lame duck ass for a new generation of 1% oligarchs, Barack Obama laid open the real constituency of national politicians. And proved certain any inference that such was only the constituency and province of the GOP, Koch Brothers et. al is false.
If this is not stupid and ugly to the common Democratic fanchild, it is hard to imagine what is, or could be. From the New York Times hagiography:
On a crisp morning in late March, an elite group of 100 young philanthropists and heirs to billionaire family fortunes filed into a cozy auditorium at the White House.
Their name tags read like a catalog of the country’s wealthiest and most influential clans: Rockefeller, Pritzker, Marriott. They were there for a discreet, invitation-only summit hosted by the Obama administration to find common ground between the public sector and the so-called next-generation philanthropists, many of whom stand to inherit billions in private wealth.
“Moon shots!” one administration official said, kicking off the day on an inspirational note to embrace the White House as a partner and catalyst for putting their personal idealism into practice.
I guess the Obama White House couldn’t fathom a better phrase for coming in their pants over big money.
If there is a more sick comment on the perverted state of US national politics, it is hard to imagine what it would be.
We are ruled by a bunch of oligarchs, and political handmaidens that kiss the oligarch’s asses and hew their beck and call. If the fact the great once and forever symbol of the common citizen “hope and change”, Barack Obama, is such a distant leader, constantly beholden to not only the future of the moneyed class, but the current too, then there is no reality for the American public.
The well-heeled group seemed receptive. “I think it’s fantastic,” said Patrick Gage, a 19-year-old heir to the multibillion-dollar Carlson hotel and hospitality fortune. “I’ve never seen anything like this before.” Mr. Gage, physically boyish with naturally swooping Bieber bangs, wore a conservative pinstripe suit and a white oxford shirt. His family’s Carlson company, which owns Radisson hotels, Country Inns and Suites, T.G.I. Friday’s and other brands, is an industry leader in enforcing measures to combat trafficking and involuntary prostitution.
Oh my. And holy crap.
The New York Times penned a factual report of this sick instance. Will the New York Times, Washington Post, Wall Street Journal, or any of the other august opinion pages of national press, deign themselves honest enough to write opinion and/or editorial pieces recognizing this political cancer for what it really is?
If you did not view the video, and listen to the lyrics in the video above, do so. Because that is exactly the class of “super citizens” your elected leaders are beholden to. The handful of billionaires count for far more than the actual billions of people on this earth.
Want proof? Look no further than the “liberal”, “socialist”, “Democratic” Obama White House, who just demonstrated the problem in Technicolor.
And, before you chafe, of course it would be even worse with Republicans in charge. But the question is no longer just which party is in control of the levers of power (though it DOES matter for SCOTUS), but where the values of the country really are.
It is almost impossible to fathom the country’s values are with the pimple faced, Bieber banged, teenager scions of billionaires the Obama White House so calmly and cooly glad-hands.
[Seriously, watch the video from the one, the only, fantastic Tubes:
Young and rich
Everything I desire
Light bulbs with shades
in every room
And work is play--believe me
Nothing must come too hard
It comes in the mail
Maybe our leaders should find a more representative, and morally balanced, set of leaders for the future.]
As I posited yesterday, Pakistan appears to be putting together a US-style counterterrorism structure. This morning, we see even stronger hints that a full-blown military offensive against the Taliban may soon be launched by Pakistan. Although we have not seen any evidence that they have done so yet, I fully expect Pakistan to include both the Afghan Taliban and Haqqani network among their targets in this operation. In fact, the Washington Post article mentions that Pakistan “would ‘not discriminate’ among the TTP, the Haqqani network and other militant groups in North Waziristan, including al-Qaeda”. In return for this offensive, look for Pakistan to get a massive amount of US financial and intelligence assistance. The US also appears to be making a renewed push against the Haqqani network inside Afghanistan and this report from Missy Ryan and Phil Stewart describes that effort while noting that the US wants Pakistan to take on the Haqqanis and any other groups that use Pakistan as a sanctuary from which to launch attacks in Afghanistan.
These moves by Pakistan and the US make more sense when we see that the US has come to the realization that an ongoing troop presence in Afghanistan is increasingly unlikely. There was significant movement on that front yesterday, with President Obama speaking to Afghan President Hamid Karzai on the telephone. From the White House readout of the call:
President Obama called President Karzai today to discuss preparations for Afghanistan’s coming elections, Afghan-led peace and reconciliation efforts, and the Bilateral Security Agreement.
With regard to the Bilateral Security Agreement, in advance of the NATO Defense Ministerial, President Obama told President Karzai that because he has demonstrated that it is unlikely that he will sign the BSA, the United States is moving forward with additional contingency planning. Specifically, President Obama has asked the Pentagon to ensure that it has adequate plans in place to accomplish an orderly withdrawal by the end of the year should the United States not keep any troops in Afghanistan after 2014. At the same time, should we have a BSA and a willing and committed partner in the Afghan government, a limited post-2014 mission focused on training, advising, and assisting Afghan forces and going after the remnants of core Al Qaeda could be in the interests of the United States and Afghanistan. Therefore, we will leave open the possibility of concluding a BSA with Afghanistan later this year. However, the longer we go without a BSA, the more challenging it will be to plan and execute any U.S. mission. Furthermore, the longer we go without a BSA, the more likely it will be that any post-2014 U.S. mission will be smaller in scale and ambition.
The United States continues to support a sovereign, stable, unified, and democratic Afghanistan, and will continue our partnership based on the principles of mutual respect and mutual accountability. We remain fully supportive of our partners in the Afghan security forces, and we continue to proudly work side by side with the many Afghans who continue to work to ensure the stability and prosperity of their fellow citizens.
Although there is no clear deadline date, this phone call has the hallmarks of a “final warning” to Karzai. If the US doesn’t see movement from him on the BSA soon, look for the zero option of a full US withdrawal from Afghanistan to take place. As noted in the readout, the lack of a signed BSA is causing trouble for NATO, as well. A NATO gathering (called a Defense Ministerial) opened today, but with no BSA in place, Afghanistan planning can’t be done, prompting a very uncomfortable opening press conference for Secretary General Rasmussen.
Ken Dilanian has a very interesting article in the Los Angeles Times outlining the latest failure in Congress’ attempts to exert oversight over drones. Senator Carl Levin had the reasonable idea of calling a joint closed session of the Senate Armed Services and Intelligence Committees so that the details of consolidating drone functions under the Pentagon (and helping the CIA to lose at least one of its paramilitary functions) could be smoothed out. In the end, “smooth” didn’t happen:
An effort by a powerful U.S. senator to broaden congressional oversight of lethal drone strikes overseas fell apart last week after the White House refused to expand the number of lawmakers briefed on covert CIA operations, according to senior U.S. officials.
Sen. Carl Levin (D-Mich.), who chairs the Armed Services Committee, held a joint classified hearing Thursday with the Senate Intelligence Committee on CIA and military drone strikes against suspected terrorists.
But the White House did not allow CIA officials to attend, so military counter-terrorism commanders testified on their own.
But perhaps the White House was merely retaliating for an earlier slight from Congress:
In May, the White House said it would seek to gradually move armed drone operations to the Pentagon. But lawmakers added a provision to the defense spending bill in December that cut off funds for that purpose, although it allows planning to continue.
Dilanian parrots the usual framing of CIA vs JSOC on drone targeting:
Levin thought it made sense for both committees to share a briefing from generals and CIA officials, officials said. He was eager to dispel the notion, they said, that CIA drone operators were more precise and less prone to error than those in the military.
The reality is that targeting in both the CIA and JSOC drone programs is deeply flawed, and the flaws lead directly to civilian deaths. I have noted many times (for example see here and here and here) when John Brennan-directed drone strikes (either when he had control of strike targeting as Obama’s assassination czar at the White House or after taking over the CIA and taking drone responsibility with him) reeked of political retaliation rather than being logically aimed at high value targets. But those examples pale in comparison to Brennan’s “not a bake sale” strike that killed 40 civilians immediately after Raymond Davis’ release or his personal intervention in the peace talks between Pakistan and the TTP. JSOC, on the other hand, has input from the Defense Intelligence Agency, which, as Marcy has noted, has its own style when it comes to “facts”. On top of that, we have the disclosure from Jeremy Scahill and Glenn Greenwald earlier this week that JSOC will target individual mobile phone SIM cards rather than people for strikes, without confirming that the phone is in possession of the target at the time of the strike. The flaws inherent in both of these approaches lead to civilian deaths that fuel creation of even more terrorists among the survivors.
Dilanian doesn’t note that the current move by the White House to consolidate drones at the Pentagon is the opposite of what took place about a year before Brennan took over the CIA, when his group at the White House took over some control of JSOC targeting decisions, at least with regard to signature strikes in Yemen.
In the end, though, it’s hard to see how getting all drone functions within the Pentagon and under Senate Armed Services Committee oversight will improve anything. Admittedly, the Senate Intelligence Committee is responsible for the spectacular failure of NSA oversight and has lacked the courage to release its thorough torture investigation report, but Armed Services oversees a bloated Pentagon that can’t even pass an audit (pdf). In the end, it seems to me that this entire pissing match between Congress and the White House is over which committee(s) will ultimately be blamed for failing oversight of drones.
Don’t look for this important bit of news in the New York Times or Washington Post. At least at the time I started writing this, they hadn’t noticed that Senators Jeff Merkley, (D-OR), Mike Lee (R-UT), Joe Manchin (D-WV), and Rand Paul (R-KY) put out a press release yesterday calling for a Congressional vote on whether to authorize keeping US troops in Afghanistan beyond 2014. President Barack Obama and the Pentagon have been bargaining with Afghan President Hamid Karzai for over a year now to get a Bilateral Security Agreement that will authorize keeping US troops there after the current NATO mission officially ends at the end of this year, but we have heard almost nothing at all from Congress. Well, we did have some hypocrisy tourists calling for Karzai to sign the agreement immediately or suffer the financial consequences, but they didn’t call for using their Constitutional role in authorizing use of troops.
This bipartisan group had some pretty strong language about the push to exclude Congress from the decision-making on keeping troops in Afghanistan:
Today, Senators Jeff Merkley (D-OR), Mike Lee (R-UT), Joe Manchin (D-WV), and Rand Paul (R-KY) announced the introduction of a bipartisan resolution calling for Congress to have a role in approving any further United States military involvement in Afghanistan after the current mission ends on December 31, 2014. The Administration is reportedly negotiating an agreement that could keep 10,000 American troops or more in Afghanistan for another ten years.
“The American people should weigh in and Congress should vote before we decide to commit massive resources and thousands of troops to another decade in Afghanistan,” Merkley said. “After over 12 years of war, the public deserves a say. Congress owes it to the men and women in uniform to engage in vigorous oversight on decisions of war and peace.”
“After over a decade of war, Congress, and more importantly the American people, must be afforded a voice in this debate,” Lee said. “The decision to continue to sacrifice our blood and treasure in this conflict should not be made by the White House and Pentagon alone.
“After 13 years, more than 2,300 American lives lost and more than $600 billion, it is time to bring our brave warriors home to the hero’s welcome they deserve and begin rebuilding America, not Afghanistan,” Manchin said. “We do not have an ally in President Karzai and his corrupt regime. His statements and actions have proven that again and again. Most West Virginians believe like I do money or military might won’t make a difference in Afghanistan. It’s time to bring our troops home.”
“The power to declare war resides in the hands of Congress,” Paul said. “If this President or any future President has the desire to continue to deploy U.S. troops to this region, it should be done so only with the support of Congress and the citizens of the United States.”
After 12 years and hundreds of billions of dollars spent, the Administration has declared that the war in Afghanistan will be wound down by December 31, 2014. However, the Administration is also negotiating an agreement with the Government of Afghanistan that would set guidelines for U.S. troops to remain in training, support, and counter-terrorism roles through at least 2024.
In November, the Senators introduced this bill as an amendment to the Defense Authorization bill, but it wasn’t allowed a vote. In June, the House of Representatives approved a similar amendment to the NDAA stating that it is the Sense of Congress that if the President determines that it is necessary to maintain U.S. troops in Afghanistan after 2014, any such presence and missions should be authorized by Congress. The House amendment passed by a robust, bipartisan 305-121 margin.
But Merkley added yet another zinger. From the AFP story on the move, as carried in Dawn (emphasis added):
“We are introducing a bipartisan resolution to say before any American soldier, sailor, airman or Marine is committed to stay in Afghanistan after 2014, Congress should vote,” Democratic Senator Jeff Merkley told reporters.
“Automatic renewal is fine for Netflix and gym memberships, but it isn’t the right approach when it comes to war.”
Wow. What a concept. Continue reading
It seems that Mike Rogers lately is aiming to take over the Emptywheel blog. When he’s not yapping about criminalizing journalism or dissembling about Congressional briefings on the Patriot Act renewal, he’s putting out bloodthirsty endorsements of drone violence. When we last heard from him on the drone front, he was joining the mad rush to come up with the most damning indictment of Hakimullah Mehsud after the US disrupted Pakistan’s plans to start peace talks the very next day with a Taliban group headed by Mehsud. Yesterday, Rogers used a hearing of his House Intelligence Committee as a venue in which to pitch a tantrum over the US daring to adjust its drone policy, leading to fewer strikes.
Now, almost exactly three months after the Mehsud drone strike, we see the prospect for peace talks between Pakistan and the Taliban disrupted again. As I mentioned yesterday, Taliban negotiators fear that Pakistan’s government may be planning to scuttle the talks in order to launch an offensive against the Taliban in tribal areas, which might also play into a desire by Sharif’s government to be in line for counterterrorism funds which the US might not be spending in Afghanistan.
The Washington Post has Rogers’ tirade. First, there is news of a pause in drone strikes in Pakistan:
The Obama administration has sharply curtailed drone strikes in Pakistan after a request from the government there for restraint as it pursues peace talks with the Pakistani Taliban, according to U.S. officials.
“That’s what they asked for, and we didn’t tell them no,” one U.S. official said. The administration indicated that it will still carry out strikes against senior al-Qaeda targets, if they become available, and move to thwart any direct, imminent threat to U.S. persons.
Concern about Pakistani political sensitivities provides one explanation for the absence of strikes since December, the longest pause in the CIA’s drone campaign since a six-week lull in 2011, after an errant U.S. air assault killed 24 Pakistani soldiers at a border post, triggering a diplomatic crisis.
Oooh, look! There’s Marcy’s favorite word again, “imminent“. But this lull in drone strikes, coupled with the explanation offered in the Post, tells us that no suitable al Qaeda targets with credible plans against the US presented themselves in Pakistan’s tribal areas for over a month. That didn’t deter Rogers; he’s upset that any potential targets aren’t blasted immediately: Continue reading
On Monday, I could only reply with the Twitter equivalent of uncontrolled laughter when Robert Caruso tweeted a quote from Stanley McChrystal, who was appearing on Morning Joe to hype the paperback release of his book. Responding to a question from Al Sharpton, McChrystal said, in Caruso’s transcription, “the military doesn’t have goals…we follow the policy of the nation”.
Of course, as Michael Hastings so exquisitely documented, McChrystal and his band of merry operators had as their primary goal the advancement of their own careers while also promoting the concept of forever war. And as Gareth Porter points out, David (ass-kissing little chickenshit) Petraeus gamed Obama on the end date for the surge in Afghanistan, significantly extending the time of maximum troop presence (and maximum fund flow to contractors). It is equally important not to forget the Pentagon operation that places “analysts” with television news operations, somehow always finding analysts whose views align with Pentagon goals of forever war (and more purchases from the defense contractors who employ these same analysts when they go to the other side of the revolving door). Yes, Eisenhower foresaw all of this and yet we ignored his warning in 1961.
But somehow last night’s headline from the Wall Street Journal seems on first blush to run counter to the concept of forever war. We are now told that the military’s latest plan for a troop presence in Afghanistan beyond the end of this year (pending a signed BSA, which is certainly not a given) would be only 10,000 troops (a significant reduction from previous ideas that have been floated) and that these troops would be drawn down to essentially zero in another two years, ending precisely with Obama’s term in office. The Journal offered this by way of explanation:
The request reflects a far shorter time frame for a U.S. military presence in Afghanistan than commanders had previously envisaged after the current international mission ends this year. The new approach is intended to buy the U.S. military time to advise and train the Afghan army but still allow Mr. Obama to leave office saying he ended America’s longest war, the officials said.
So the military is pitching this latest plan as being an opportunity for Obama to claim “success” in ending the war. But we all know that the effort in Afghanistan has been an abject failure that has achieved absolutely nothing beyond killing a huge number of Afghans along with far too many coalition troops while squandering an obscene amount of US money. Instead, this looks to me more like the military moving to try to hang its failure on Obama by not extending the quagmire into yet another presidential administration. And that view seems to me to be reinforced by the military’s framing of Obama’s options:
Military leaders told Mr. Obama that if he rejects the 10,000-troop option, then it would be best to withdraw nearly all military personnel at the end of this year because a smaller troop presence wouldn’t offer adequate protection to U.S. personnel, said officials involved in the discussions.
The military wants this debacle to end during Obama’s term no matter what, and you can bet that is because their goal is to blame him for their failure.
It’s no secret that I am hardly a fan of David Albright and his Institute for Science and International Security. He often has been the “go to” authority when countries hostile to Iran have chosen to leak selectively groomed information to put Iran in the harshest possible light. The countries leak the information to a select few journalists and then Albright is called in to provide his “analysis” of how evil Iran is and how determined they are to produce nuclear weapons.
I also have been hammering hard on Robert Menendez’s Senate bill that calls for increased sanctions on Iran. As Ali Gharib noted immediately, the bill spells out conditions for the final agreement between Iran and the P5+1 group of countries that we know Iran will never agree to, so the bill guarantees that the new sanctions will eventually kick in, even if a final agreement is reached.
The New York Times is finally catching up to the points Gharib made almost exactly a month ago:
But where the legislation may have an effect, and why it so worries the White House, is that it lays down the contours of an acceptable final nuclear deal. Since administration officials insist that many of those conditions are unrealistic, it basically sets Mr. Obama up for failure.
White House officials zeroed in on three of the conditions: first, that any deal would dismantle Iran’s “illicit nuclear infrastructure”; second, that Iran “has not directly, or through a proxy, supported, financed, planned or otherwise carried out an act of terrorism against the United States”; and third, that Iran has not tested any but the shortest-range ballistic missiles.
“They’re basically arguing for a zero enrichment capacity, with a complete dismantling of Iran’s nuclear facilities,” said Daryl G. Kimball, executive director of the Arms Control Association. “That’s not attainable, and it’s not necessary to prevent Iran from getting a weapon.”
I was not at all prepared, though, for what the Times learned about how this abhorrent piece of legislation was crafted:
Proponents of the bill deny it would deprive Iran of the right to modest enrichment. They point to the qualifier “illicit” in the reference to nuclear facilities that must be dismantled, and they say the language on enrichment is intentionally vague to mollify both Republicans, who are reluctant to grant Iran the right to operate even a single centrifuge, and Democrats, who balked at signing on to a bill that would rule out all enrichment.
“There’s no language that says a centrifuge is prohibited or allowed,” said David Albright, an expert on Iran’s nuclear program at the Institute for Science and International Security, who helped Republicans and Democrats draft some of the technical wording.
The ambiguity, he said, reflected the fact that the lawmakers who sponsored the bill are “doing it in a bipartisan way, but they have disagreements on what the end state should look like.”
Oh. My. God.
To craft one of the most important bills in US foreign policy in over a decade, Menendez and his cronies turned to an “analyst” who has a long history of producing precisely the analysis that war hawks want. And he even has the gall to brag about how the weasel words that he crafted have different meanings depending on who is reading the bill.
I really have to just stop right here and let commenters fill in the rest for me. My health and sanity won’t let me think any further on the ramifications of David Albright writing legislation on US foreign policy toward Iran.
Back in October, I noted that one of Hamid Karzai’s primary barriers to signing the Bilateral Security Agreement is his objection to night raids carried out by US-trained death squads because of the high rate of civilian casualties involved. Yesterday, yet another night raid went bad, but this time, instead of the death squad killing civilians, an air raid called in when the raiding party came under heavy fire was responsible for civilian deaths. In an attempt to deflect blame, ISAF tried to emphasize that this mission was Afghan-led:
International Security Assistance Force regrets that civilians were killed Jan. 15 during a deliberately-planned, Afghan-led clearing operation to disrupt insurgent activity in Ghorband district, Parwan province.
The mission, led by commandos of the 6th Special Operations Kandak and supported by ISAF special operations advisers, was conducted to disrupt insurgent activities in the district, including attacks on Bagram Airfield, and in support of Afghan National Security Forces’ tactical priorities. Local district and provincial officials were informed in advance of the operation and were provided updates during and after the actions.
It would not surprise me if ISAF eventually blames the “local district and provincial officials” who were warned for tipping off the insurgents so that an ambush could be carried out. But note that “ISAF special operations advisers” were present, and as I have noted previously, this is the hallmark of the US-trained death squads that have previously operated with impunity but have infuriated Karzai. Even though ISAF is claiming that the intelligence for the operation was generated by the Afghans, you can bet that our “advisers” would not have ventured off their base if our own intelligence hadn’t also been involved in planning the attack.
Strangely, the NYTimes article linked above puts the operation taking place at 6:30 am, but the Washington Post puts it at 1 am, which fits night raid timing much better. The details in the two stories differ substantially. From the Times:
Aziz Ahmad Zaki, a spokesman for the governor of Parwan, said that the coalition Special Operations advisers had come to assist the Afghan forces in the area, setting up alongside them in a district check post that quickly came under fire from Taliban attackers on Tuesday.
Around 6:30 a.m. Wednesday, Afghan and coalition forces began a clearance operation in the Wazghar Valley, but ran into a Taliban ambush, taking fire from several compounds in the area at once, officials said.
“Afghan and coalition forces returned fire and required defensive air support to suppress the enemy fire,” according to the coalition statement.
But according to the Post, the raiding party attempted to enter a home at 1 am, rather than conducting a “clearing operation” at 6:30:
According to Karzai and the governor of Parwan province, the incident occurred about 1 a.m. when U.S. Special Forces attempted to enter a home. A gun battle ensued, resulting in a coalition airstrike that killed the children and a female relative in the house, they said.
This version says nothing about being attacked at a checkpost but instead follows a usual night raid routine.
Karzai is furious. From AFP:
President Hamid Karzai on Wednesday accused the United States of killing seven children and a woman in an airstrike in central Afghanistan — an incident set to further damage frayed ties between the two allies.
Relations between Washington and Kabul have been rocky for years, and negotiations over an agreement that would allow some US troops to remain in the country after this year have broken down into a long-running public dispute.
“As a result of bombardment by American forces last night… in Siahgird district of Parwan province, one woman and seven children were martyred and one civilian injured,” a statement from Karzai’s office said.
“The Afghan government has been asking for a complete end to operations in Afghan villages for years, but American forces acting against all mutual agreements… have once again bombarded a residential area and killed civilians.
The zero option in Afghanistan is looking more and more likely.
Although the P5+1 interim agreement with Iran was first reached in late November, ongoing talks have been required to fill in the details of just how the agreement is to be implemented. Those talks came to fruition yesterday with the announcement that on January 20, the six month period of Iran making concessions on enrichment in return for limited sanctions relief will begin. The hope is that this period of pausing progress in Iran’s development of nuclear technology and the loosening of some sanctions will provide a window to negotiate a broader agreement that provides verifiable prevention of Iran producing nuclear weapons.
US Secretary of State John Kerry noted the significance of the latest negotiating progress:
We’ve taken a critical, significant step forward towards reaching a verifiable resolution that prevents Iran from obtaining a nuclear weapon.
On January 20, in just a few short days, we will begin implementation of the Joint Plan of Action that we and our partners agreed to with Iran in Geneva.
As of that day, for the first time in almost a decade, Iran’s nuclear program will not be able to advance, and parts of it will be rolled back, while we start negotiating a comprehensive agreement to address the international community’s concerns about Iran’s program.
Because of the determined and focused work of our diplomats and technical experts, we now have a set of technical understandings for how the parties will fulfill the commitments made at the negotiating table. These understandings outline how the first step agreement will be implemented and verified, as well as the timing of implementation of its provisions.
Iran will voluntarily take immediate and important steps between now and January 20 to halt the progress of its nuclear program. Iran will also continue to take steps throughout the six months to live up to its commitments, such as rendering the entire stockpile of its 20% enriched uranium unusable for further enrichment. As this agreement takes effect, we will be extraordinarily vigilant in our verification and monitoring of Iran’s actions, an effort that will be led by the International Atomic Energy Agency.
The United States and the rest of our P5+1 partners will also take steps, in response to Iran fulfilling its commitments, to begin providing some limited and targeted relief. The $4.2 billion in restricted Iranian assets that Iran will gain access to as part of the agreement will be released in regular installments throughout the six months. The final installment will not be available to Iran until the very last day.
That last bit is critical. While the war mongers will be crying about the US giving sanctions relief to Iran, that relief will be doled out over time and only provided as Iran continues to live up to its side of the agreement, with the final portion of funds only coming on the very last day of the six months. Central to this agreement, as previously reported, is that Iran will completely halt its enrichment to 20% uranium and, by the end of the six month period, will have no stockpile of 20% enriched uranium that is in a chemical form that could rapidly be enriched further to weapons grade.
Kerry appreciates that the six month period will provide a large window in which Congressional war mongers will be doing their best to disrupt the agreement:
We now have an obligation to give our diplomats and experts every chance to succeed in these difficult negotiations. I very much appreciate Congress’ critical role in imposing the sanctions that brought Iran to the table, but I feel just as strongly that now is not the time to impose additional sanctions that could threaten the entire negotiating process. Now is not the time for politics. Now is the time for statesmanship, for the good of our country, the region, and the world.
As I pointed out when Robert Menendez put together his bill for further sanctions, that particular bill goes far beyond a mere promise of further sanctions if a final agreement is not reached. Instead, it promises these sanctions even if a final agreement is reached that allows Iran to retain the right of enrichment of uranium below 5%. It has been clear to me from the start that Iran will insist on retaining the right to low level enrichment, and today’s Washington Post story on implementation of the agreement makes that point very strongly: Continue reading