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Operation Ballsack Labor Day Football Trash Talk

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Hello. Is there anybody in there? Just nod if you can hear me.

I am not sure how well the Trash Talk Machine is greased after such egregious neglect. But, we can only do what we do, and carry on. And those skilz have NOT been forgotten jack. So saddle up cowboys and cowgirls.

You would think being a blogger is an easy, Cheetos filled, lifestyle. Not the case. It is hard work, hard work I tell ya. I have suffered the indignation of Marcy and Jim yammering about wanting “trash this” and “trash that”. Weeeeelllllll that is so much SPAM! So, as I said earlier, it’s not easy, you know. I get no respect!

To make a quick comment on the title of this 2013 football season opening trash, shit is truly fucked up and bullshit. We have Mr. Constitutional Nobel Scholar President agitating to make unilateral bizarrely unnecessary war on Syria….apparently because he screwed up and drew a moronic “red line” in the sand and now has to prove he actually has bolas, in addition to stupidity and hubris. The man who when seeking votes to be elected in 2007-2008 claimed war without Congressional assent was wrong, and whose Vice-Predident called such unsanctioned war bullshittery and an “impeachable offense”, now insists without the UN, without the Brits, and with a coalition of effectively one (one who were previously described as “cheese eating surrender monkeys” not that long ago in American lore). But that is where we are now. Which is why the best name for this clusterfuck is “Operation Ballsack“. Yes, it is all about Obama’s balls, and his desperate need to prove he actually has a primordial pair.

Huh? Oh, wait! This was supposed to be football Trash Talk wasn’t it?!?!

Yikes, better get to that then. Last night was a pretty exciting open to the NCAA 2013 schedule. The ‘Ole Ball Coach Spurrier and the ‘Cocks did not seem all that animated, but still clocked a fairly solid NC Tarheel team. Looked like Vady was gonna take a bite off the ‘Ole Miss Rebels, but Ole Miss tailback Jeff Scott let loose with a 75 yard TD romp with 1:07 left, giving the Rebels a 39-35 last minute win. Good stuff. In other news, Lane Kiffen proves the question of why he has not been fired yet is still very salient by coaching a narrow win for Tommy Trojan over the Rainbows. Mighty Troy barely made it over the Rainbows. Yay. If that is all USC has, even the Sun Devils are going to wax them this year (a game I will be attending by the way). also, from Friday night, let me just say that Sparty has some VERY sticky fingered defenders. Look out B1G.

Well, what else is up I wonder? Hmmmm, appears some fella named “Manziel” was suspended half a game for something. Guess it wasn’t anything bad, cause Dez Bryant got suspended a whole season for eating dinner with Neon Deion Sanders. I sign my name on things a lot too. I get paid to do so. Not sure who would sign thousands of items for zip, nuthin, free. Apparently the crack investigators and accountability specialists at the NCAA found no problem though. And you KNOW how sane they are, cause they banned Penn State from all bowls for four years without having any NCAA violation whatsoever present. Ugh.

Alright. Games. Real ones are being played this weekend. Battle manufactured where it should be. Naturally. By a nerd at ESPN instead of that fake Operation Obama Ballsack baloney.

The game of the weekend looks to be Georgia at Clemson. These are two top ten worthy teams, if not potential national championship contenders. Special players abound everywhere on both teams, including Sammy Watkins the super receiver for the Tigers, and Tajh Boyd his quarterback. For the Bulldogs, Aaron Murray may be the best QB in the conference, and that includes Johnny Football. Awesome game to have so early. Alabama hosting Virginia Tech is another unusual one to start off with. The Tide will roll them, but there could be a struggle. should be a way better game than the Tide expected.

Honorable mentions goes to TCU and LSU in neutral Texas, Boise State/Washington and Cal versus Northwestern. Tell us what you have and why!

The one other thing I want to address is the noggins of the NFL. As you may have heard, there was a settlement this week, and it heavily favored the NFL. The craven plantation owners admitted nothing, gave up no liability findings, and gave up a ridiculously cheap total sum as hard settlement. By the time lawyer’s fees and mandatory testing etc. is deducted, it is criminal how little was gotten for a class of at risk humans. Down the road, if these class members live, they and their representatives will be screaming bloody murder. Here is an outrageously great article laying out the factors, and doing so with the tart and sarcastic truth it deserves

This long Labor Day weekend’s music is from the one, the only, Ms. Linda Ronstadt. I have a real affinity for Linda, and haver seen her numerous times including a couple of very special ones. If there has ever been a better pure female vocal talent, I am not sure I have seen it. Pure, and with a range to die for. The singing voice may be silenced, but Linda is rocking on and fighting for the causes she believes in. And they are, and always have been, great, and the right, ones. Oh, also, in case you didn’t notice, she had a backup band on the first video. Chuck Berry, Keith Richards, Robert Cray and some other chaps. The second is the band she normally toured with (including Waddy Wachtel – but with Mike Botts on drums instead of Russ Kunkel, who I always saw) and, trust me, they were absolutely killer, and very cool people to boot.

That’s it for now. Let Willis, and one and all, rock this joint. We are Livin In The USA. All things considered, it is still pretty fucking grand. Enjoy the holiday weekend my friends.

Blurred Line? Really? What a Perfect Analogy

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As Barack Obama’s relentless pursuit of a violent intervention in Syria continues, cliches have been tossed out freely in each new segment of the corporate news cycle. We had “credibility” for quite some time, and then yesterday there was “go it alone” (see the capsule summary for this article on left of page for “go it alone” phrase) when David Cameron lost a parliamentary vote authorizing British cooperation in military action yesterday afternoon. But an article published last night by the New York Times provided, whether intentionally or not, the perfect analogy for Obama’s drive for war in Syria. When I tweeted it last night, the title for their article was “Military Analysis: Aim of a U.S. Attack on Syria: Sharpening a Blurred ‘Red Line’”. That phrasing immediately calls to mind the latest pop misogynistic hit “Blurred Lines”. [The “unrated” version of the video is definitely NSFW.] The Times has now changed its phrasing somewhat, with the latter part of the headline reading “Restore a ‘Red Line’ That Became Blurred”.

Okay, so by changing their phrasing, the Times appears to be signalling that they didn’t mean to draw a parallel with the song, but I still feel it is a perfect fit for the situation. The lyrics are a disgusting collection of violent sexual suggestions for what the artist wants to do to a “good girl”. And that seems to fit so well for what Obama wants to do to Syria (while Assad certainly doesn’t fit as “good”, the innocent civilians who will die do fit): “I’ll give you something big enough to tear your ass in two”. And if that isn’t enough, we even get this in the music video:

Who has a big d.

Doesn’t this strike, when all is said and done, amount to nothing more than Obama proving he has a big d? When even large numbers of military officers are now openly questioning the wisdom of an attack, and insisting that it will spiral inevitably into a larger regional war, Obama’s determination to proceed is all about the size of his d.

Granted, in the LA Times yesterday, there was an anonymous suggestion that Obama only wanted an attack “just muscular enough not to get mocked”, but from where we simple taxpayers sit, mocking seems the only tool we have left for trying to prevent one atrocity leading to many more under the guise of good intentions.

Did NSA and JSOC Team Up to Game Obama and Monaco on Yemen Terror Alert?

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NBC published a fascinating article yesterday that provided new and interesting details on the events surrounding the escalation of drone strikes in Yemen that took place in response to the “intercepted conference call” that wasn’t a conference call. Matthew Cole, Richard Esposito and Jim Miklaszewski report on the personnel and policy changes that were taking place in the Obama administration as these events unfolded and how these changes had led to a decrease in drone strikes:

Obama announced that he had chosen Lisa Monaco to replace Brennan as his top counterterror official on January 25, and she officially assumed the role of Homeland Security Advisor on March 8. The U.S. launched four strikes on Yemen between January 19 and January 23, just before Obama’s announcement about Monaco, but didn’t launch another until April 17.

“With Brennan going over to CIA and Monaco replacing him, it took time,” said a senior counterterrorism official. “This was a while coming. JSOC (the Pentagon’s Joint Special Operations Command) was pushing for more strikes and more operations but the White House slowed everything down.”

Those three strikes in mid-April were followed by another lull in strikes until mid-May, when there were two strikes just before Obama’s drone policy speech:

In tandem with the drone speech, the President issued new internal guidance to officials that tightened controls on what targets could be hit and who could make the decision to launch a drone.

What followed, sources said, was more frustration from Defense Department officials, and a third, seven-week-long interruption in drone strikes that led to a backlog of identified militant targets in Yemen.

But the “targeting” done by JSOC in Yemen isn’t of the same quality as the information prepared for targeting by the CIA for strikes in Pakistan, according to the NBC report:

In May, around the time of Obama’s speech, senior military officials prepared “targeting packages” for Monaco, with a roster of suspected militants in Yemen that they wanted to eliminate. The “targeting packages” contain background information on the identified targets. The CIA’s packages for Pakistan are often very detailed, while the Defense Department’s research on Yemeni targets was sometimes less detailed.

In fact, the JSOC apparently even admitted that some of these recent targeting packages pertained to lower level targets, but in an apparent use of pre-cogs, they claimed these were going to be important al Qaeda figures in the future and the administration had to deal with the question of “pain now, or pain later” in their recommendation to take out these lower level operatives.

Keep in mind that these meetings to discuss drone targets, also know as “Terror Tuesday” meetings, are populated by high level security personnel from many agencies. Both JSOC, as the target developer for drone strikes in Yemen, and NSA, as the purveyor of information gleaned from surveillance, would of course be present.

As @pmcall noted to me on Twitter, the “intercept” then magically appeared and opened the floodgates for strikes:

Here’s how the NBC article described that: Read more →

Morally Depraved Obama Fails in Response to Egyptian Massacre

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The New York Times headline for its story summarizing Barack Obama’s statement yesterday on the violence in Egypt parrots the administration’s hapless plea that Obama has few options in dealing with Egypt: “His Options Few, Obama Rebukes Egypt’s Leaders“. Obama’s grand statement delivered the stinging blow of canceling joint military exercises with the Egyptians. We also are reminded later in the article that the US has delayed delivery of four F-16 fighter jets without also being informed that this delay was announced prior to the massacre of Egyptian civilians.

In his statement, Obama never addressed the huge piece of leverage that the US does have in relation to Egypt. The roughly $1.5 billion in US aid that flows to Egypt each year is primarily for the military and supports about a third of the military’s budget. The article in the Times goes to great lengths to explain to us just why Obama can’t cut off this aid. We are told first that if we cut off aid, “Saudi Arabia, Kuwait and the United Arab Emirates” will rush into the void to provide the missing funding And if that isn’t scary enough, we are told a couple of paragraphs later that cutting off the aid would open the door for Russia and China to step in.

With the death toll from the crackdown now above 600 and likely to go much higer, and with grisly videos surfacing of civilians being gunned down in cold blood by the military, we see a quote from the standard anonymous “senior official” who says “There’s a basic threshold where we can’t give a tacit endorsement to them.”

Just wow. The Egyptian military has staged a coup in which they have removed a democratically elected (although dysfunctional and failed) government and massacred over 600 of its citizens in cold blood. None of that rises to the level of the “threshold where we can’t give a tacit endorsement to them”? What on earth do they have to do to get the US to cut them off?

One answer to that question is in the next paragraph:

And it could destabilize the region, particularly the security of Israel, whose 1979 peace treaty with Egypt is predicated on the aid.

It would appear that Egypt can kill all of its own civilians it wants with the weapons and money we provide as long as they don’t also kill any Israelis.

But there is another insidious tie in the US aid to Egypt. US defense contractors are making tons of money off of it. From a Bloomberg piece describing US support of the Egyptian military two years ago at the beginning of the uprising against Mubarak: Read more →

CIA Death Squads in Afghanistan to Have Fewer Bases

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Greg Miller reports in the Washington Post that the CIA will be closing several bases in Afghanistan as US military forces are withdrawn from the country. I’ve been obsessing lately about US death squads operated primarily by the CIA but also affiliated with Special Operations forces and their bases. These death squads have been an integral part of the vaunted David Petraeus COIN strategy in both Iraq and Afghanistan (and rest on the heritage of death squads funded by the US in Latin America and those run by the US in Vietnam).

Miller’s article joins a growing trend toward public acknowledgement of the paramilitary activities the CIA has carried out in Afghanistan:

The CIA has begun closing clandestine bases in Afghanistan, marking the start of a drawdown from a region that transformed the agency from an intelligence service struggling to emerge from the Cold War to a counter­terrorism force with its own prisons, paramilitary teams and armed Predator drones.

Think for just a moment about what is being admitted here. These are clandestine bases that are being closed. Those clandestine bases had their own prisons and paramilitary teams. Remember all the US denials regarding the disappearance of innocent civilians and their torture at secret prisons in both Iraq and Afghanistan? Those denials get a lot less believable with this matter-of-fact admission that clandestine bases with their own prisons and paramilitary teams are being closed. You can bet that those secret prisons did not sit empty and the CIA paramilitary teams did not sit around all day just playing cards at their secret bases.

The entire article is worthy of reading for the number of confirmations it has on CIA activities in Afghanistan. However, lest we think that Mr. Moral Rectitude is going to be cutting back on his war crime activities in Afghanistan, we have this near the end of the article:

This year, President Obama approved new counterterrorism guidelines that call for the military to take on a larger role in targeted killing operations, reducing the involvement of the CIA.

But the guidelines included carve-outs that gave the agency wide latitude to continue armed Predator flights across the border and did not ban a controversial practice known as “signature strikes,” in which the agency can launch missiles at targets based on patterns of suspicious behavior without knowing the identities of those who would be killed.

John Brennan will hang on to his “latitude” to continue signature strikes. It seems likely that he also will keep his death squads active in Afghanistan, but they will be operating out of fewer bases. International laws and treaties are just immaterial if you have enough moral rectitude.

Oh, and as a postscript, the article does confirm affiliation of CIA death squads CIA paramilitary forces with military bases (just as has been at the center of the controversy surrounding the Nerkh base in Maidan Wardak Province, where Karzai expelled US Special Forces):

Even so, a full withdrawal of U.S. troops would probably trigger a deeper retrenchment by the CIA, which has relied on U.S. and allied military installations across the country to serve as bases for agency operatives and cover for their spying operations.

It appears that Brennan and the Obama administration just don’t care any more about maintaining secrecy on their war crimes. After all, who is going to stop them?

Nasser al-Awlaki: “My Grandson Was Killed by His Own Government”

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While the nation grieves over the senseless death of Trayvon Martin and the missed opportunity to hold his killer responsible for that death, there is another senseless death of an American teenager of color where an attempt is continuing, after previous failures, to hold accountable those responsible for the lawless way in which this life was arbitrarily ended.

Exactly one year ago today, the American Civil Liberties Union and the Center for Constitutional Rights filed a lawsuit (pdf) on behalf of Nasser al-Awlaki (father of Anwar al-Awlaki and grandfather of Abdulrahman al-Awlaki) and Sarah Khan (wife of Samir Khan). The defendants in the case are former Defense Secretary Leon Panetta, Commander of Special Operations Command William McRaven, Commander of Joint Special Operations Command Joseph Votel and former CIA Head David Petraeus. The complaint cites violation of the Fourth and Fifth Amendments as well as violation of the Bill of Attainder Clause in the targeted killings of Anwar al-Awlaki, Abdulrahaman al-Awlaki and Samir Khan. Oral arguments on the suit begin tomorrow.

Given what is known about the role of Barack Obama in these killings and his personal authorization of the “kill list” in his Terror Tuesday meetings, I find it perplexing that he is not also a defendant in this case.

The complaint seeks damages in an amount to be determined at the trial and any other relief the court deems just and proper.

Coincident with the filing of the complaint in the United States District Court for the District of Columbia a year ago, the video above was released. Today, an op-ed by Nasser al-Awlaki was published in the New York Times, helping to focus attention on tomorrow’s opening arguments. The video and op-ed are truly gut-wrenching.

From the op-ed:

I LEARNED that my 16-year-old grandson, Abdulrahman — a United States citizen — had been killed by an American drone strike from news reports the morning after he died.

The missile killed him, his teenage cousin and at least five other civilians on Oct. 14, 2011, while the boys were eating dinner at an open-air restaurant in southern Yemen.

The grandfather describes his anguish as he seeks answers to the question of why his grandson was killed:

Nearly two years later, I still have no answers. The United States government has refused to explain why Abdulrahman was killed. It was not until May of this year that the Obama administration, in a supposed effort to be more transparent, publicly acknowledged what the world already knew — that it was responsible for his death.

Nasser al-Awlaki describes the huge impact an education in the United States made on his life and how he put that education to use when he returned to Yemen. More importantly, he puts the actions of the United States in killing his son and grandson significantly at odds with the values of the United States when he was a student here:

A country that believes it does not even need to answer for killing its own is not the America I once knew. From 1966 to 1977, I fulfilled a childhood dream and studied in the United States as a Fulbright scholar, earning my doctorate and then working as a researcher and assistant professor at universities in New Mexico, Nebraska and Minnesota.

/snip/

After returning to Yemen, I used my American education and skills to help my country, serving as Yemen’s minister of agriculture and fisheries and establishing one of the country’s leading institutions of higher learning, Ibb University. Abdulrahman used to tell me he wanted to follow in my footsteps and go back to America to study. I can’t bear to think of those conversations now.

The op-ed closes with a direct and haunting question:

The government has killed a 16-year-old American boy. Shouldn’t it at least have to explain why?

Sadly, we can state with confidence that even before the proceedings open the government will argue that it does not have to explain why it killed Abdulrahman. Because terror. Even more sadly, it is quite likely that the court will side with this senseless and lawless argument. Because terror.

What has our country become?

McKeon Too Low For Zero Option

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Late Saturday, the New York Times posted an article with the misleading headline “US Considers Faster Pullout in Afghanistan”. In a classic case of burying the lede, the article contained the important news that negotiations between Barack Obama and Hamid Karzai are going so badly that Obama is considering a total withdrawal from Afghanistan at the end of 2014, rather than signing an agreement outlining conditions under which a residual US force would remain in the country:

Increasingly frustrated by his dealings with President Hamid Karzai, President Obama is giving serious consideration to speeding up the withdrawal of United States forces from Afghanistan and to a “zero option” that would leave no American troops there after next year, according to American and European officials.

It appears that the latest attempt at a video conference went so badly that the zero option is now under serious consideration:

A videoconference between Mr. Obama and Mr. Karzai designed to defuse the tensions ended badly, according to both American and Afghan officials with knowledge of it. Mr. Karzai, according to those sources, accused the United States of trying to negotiate a separate peace with both the Taliban and their backers in Pakistan, leaving Afghanistan’s fragile government exposed to its enemies.

Mr. Karzai had made similar accusations in the past. But those comments were delivered to Afghans — not to Mr. Obama, who responded by pointing out the American lives that have been lost propping up Mr. Karzai’s government, the officials said.

The option of leaving no troops in Afghanistan after 2014 was gaining momentum before the June 27 video conference, according to the officials. But since then, the idea of a complete military exit similar to the American military pullout from Iraq has gone from being considered the worst-case scenario — and a useful negotiating tool with Mr. Karzai — to an alternative under serious consideration in Washington and Kabul.

For the record, it should be noted that I have maintained since negotiations began last November that Afghanistan will never grant the criminal immunity the US insists on for soldiers remaining in the country and that the US will bumble into the same zero option in Afghanistan that it reached in Iraq.

It would appear that the Taliban also agree that things are going very badly on the negotiation front. From CBS News yesterday morning:

A diplomat and Taliban official say the Afghan Taliban are closing their Qatar office at least temporarily to protest demands they remove a sign that identified the movement as the Islamic Emirate of Afghanistan.

The office was opened less than a month ago to facilitate peace talks, and has also come under pressure for using the same white flag flown during the Taliban’s five-year rule of Afghanistan that ended with the U.S.-led invasion in 2001.

Clearly, if the US winds up with zero residual forces, there would be no reason for the Taliban to negotiate with the US (or Karzai).

ToloNews has this report on yesterday’s press briefing by White House spokesman Jay Carney (the transcript was not yet posted when I wrote this post):

Jay Carney, the White House Press Secretary, said on Tuesday that a decision on the exact pace and numbers of the U.S. troop withdraw from Afghanistan is not “imminent.” However, he said that a “zero option” for the U.S. troop presence post-2014 is still on the table.

The idea that the US could finally completely end its misadventure in Afghanistan should appeal to most rational people who are concerned about the loss of soldiers on both sides of the conflict, the huge losses of civilians who have been killed in the conflict and the massive drain on the US treasury.

Sadly, Buck McKeon, who chairs the House Armed Services Committee, is both one of the most corrupt members of Congress (even getting national defense contractors to contribute for the first time ever to a state legislature race when his wife was running) and not rational when it comes to concern for life and tax dollars. Sensing that his corporate masters in the defense contracting business stand to lose money under a zero option, McKeon rushed to their rescue. From an article in The Hill, yesterday evening: Read more →

Researcher Exposes Government, Military Lies About Civilian Drone Deaths in Afghanistan

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A tweet this morning by Daphne Eviatar alerted me to a very important article by Spencer Ackerman at his new home with the Guardian. Ackerman interviewed Dr. Larry Lewis, who is a research scientist at the Center for Naval Analyses but is also described by National Defense University as a Current Field Representative to the Joint Staff J7, Joint and Coalition Operational Analysis Division. In speaking with Ackerman, Lewis referred to a study he conducted with access to classified data, where his work had a remarkable finding:

Larry Lewis, a principal research scientist at the Center for Naval Analyses, a research group with close ties to the US military, studied air strikes in Afghanistan from mid-2010 to mid-2011, using classified military data on the strikes and the civilian casualties they caused. Lewis told the Guardian he found that the missile strikes conducted by remotely piloted aircraft, commonly known as drones, were 10 times more deadly to Afghan civilians than those performed by fighter jets.

Ackerman points out in the article that Lewis mentions some of this work in a recently published article in Prism, which is published by NDU (note: To make things clearer to folks reading Marcy’s work on Snowden, I will call the journal Prism and not PRISM, even though the Guardian is once again breaking the news and the journal uses all caps in its name). Although NDU doesn’t make it easy to find the most recent issue of Prism, I finally found a pdf of the entire latest issue here, where the article by Lewis and coauthor Sarah Holewinski (who is at the Center for Civilians in Conflict) can be found on pages 57 to 65.

Lewis and Holewinski open by framing the issue of protection of civilians as a lesson that the US military has to learn repeatedly:

Civilian casualties can risk the success of a combat mission. While not new, this is a lesson us defense forces have had to repeatedly relearn. Historically, civilian protection and efforts to address harm became priorities only when external pressures demanded attention. As the Pentagon reshapes its defenses and fighting force for the next decade, continuing this ad hoc pattern in the future is neither strategically smart nor ethically acceptable.

As Ackerman notes in the Guardian article, the Prism article makes mention of the finding regarding civilian drone casualties in Afghanistan outpacing those from conventional aerial attacks:

The assumption that UAS (Unmanned Aerial Systems) strikes are surgical in nature is also belied by research on recent combat operations in Afghanistan. There, UAS operations were statistically more likely to cause civilian casualties than were operations conducted by manned air platforms.

Lewis and Holewinski describe the impact of both failing to protect civilians and lying about operations in which civilians have died. After describing relatively well-known examples of drone strikes in Pakistan that included such horrors as a double-tap targeting rescuers, the strike on a jirga addressing mining issues that killed up to 40 civilians or deaths at a restaurant, Lewis and Holewinski move back to Afghanistan:

Independent investigations are not always correct in their assessment of civilian deaths; however, the inability of the U.S. to adequately investigate the outcome of its clandestine UAS strikes calls into question official denials of civilian harm. The U.S. has stated that these strikes kill only combatants; however, operations in Afghanistan are replete with examples where all the engaged individuals were believed to be combatants, but a later investigation found many or all were civilians misidentified as combatants.

The continued claims of lack of civilian deaths despite hard evidence to the contrary takes a huge toll both on US credibility and on what takes place in the war theater:

A growing body of research, including that conducted by this article’s authors, shows that civilian casualties (CIVCAS) and the mishandling of the aftermath can compel more people to work against U.S. interests. Indeed, America’s image has suffered for years under the weight of anger and dismay that a nation, which stands by the value of civilian protection in wartime, seemed indifferent to civilian suffering.

Sadly, this is a lesson that has not been learned by such luminaries as Barack Obama, Diane Feinstein and John Brennan. As Ackerman points out:

While the drone strikes remain classified, several senior Obama administration officials and their congressional allies have described them as notable for their precision. John Brennan, now the CIA director responsible for the agency’s drones, said in 2012 they provide “targeted strikes against specific al-Qaida terrorists”. While defending the strikes as legal and “targeted”, Obama conceded in May that “US strikes have resulted in civilian casualties, a risk that exists in all wars”. Dianne Feinstein, the California Democrat who chairs the Senate intelligence committee, said in February that drones kill only “single digits” worth of civilians annually.

It does not appear that we have even gotten to a “least untruthful” official US accounting of the civilian casualty rates due to drones. In the meantime, our credibility will continue to suffer and our enemies will continue to accumulate.

The Marriage Equality Decisions

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Picture-1The moment of truth has finally come on the long and tortured path through the Supreme Court for the marriage equality movement. Without further adieu, the Defense Of Marriage Act has been struck down as unconstitutional under Equal Protection grounds in a 5-4 opinion authored by Anthony Kennedy. A lack of standing has been found by the court in the California Hollingsworth v. Perry Prop 8 case, thus meaning the case will revert to the Ninth Circuit decision.

Frankly, everybody in the universe is going to have instantaneous analysis and opinion on the nature and import of these two decisions. I will likely be along with the same on particular aspects later, but for now I want to get the decisions and opinions up here so that one and all can read and discuss them. Below I will give the links to the opinions and the critical language blurbs from each.

United States v. Windsor (DOMA): Here is the opinion. As stated above, it is a 5-4 split authored by Justice Kennedy, joined by the liberal bloc of Ginsburg, Breyer, Sotomayor and Kagan. Chief Justice Roberts, Scalia, Thomas and Alito dissent in separate dissents written by Roberts and Scalia.

The opinion is very broad in range and focuses on Section 3 of DOMA, which will effectively obliterate the law. The key holding comes at the end of Kennedy’s majority opinion:

DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty. It imposes a disability on the class by refusing to acknowledge a status the State finds to be dignified and proper. DOMA in- structs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the mar- riages of others. The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.

Hollingsworth v. Perry (Prop 8): Here is the opinion. As stated above, the court found a lack of standing by the appellants Hollingsworth (Prop 8 Proponents). ROBERTS, C. J., delivered the opinion of the Court, in which SCALIA, GINSBURG, BREYER, and KAGAN, JJ., joined. KENNEDY, J., filed a dissenting opinion, in which THOMAS, ALITO, and SOTOMAYOR, JJ., joined. So, just to be clear here: The liberals are the reason the court could not issue a decision granting ALL Americans the right to marriage equality that citizens in California, and the other few states who have state law marriage equality, will enjoy.

Anthony Kennedy, by his crystal clear decision and language he penned in the Windsor DOMA decision, and his willingness to find standing and rule on the merits in the Prop 8 case, was ready to make it happen. And all the liberal justices, save for Sonia Sotomayor, prevented it.

The court has remanded Hollingsworth back to the 9th Circuit with instructions to enter a similar ruling based on lack of standing/jurisdiction. That means that the broad and sweeping decision entered by Vaughn Walker in the district court trial will become law in California.

Now, to again be clear, I expect there will be litigation attempts by the Equality Haters to try to restrict Walker’s decision to the two plaintiff couples and/or the two respective counties at issue in the original Perry complaint. I do not believe that will bear any fruit and fully expect full marriage equality to exist across all of California, but it may not be as immediate as it should. We shall see.

In closing, a very good day for marriage equality and LGBT rights. The DOMA decision is broad and provides for heightened scrutiny in evaluating marriage and sexual identity issues; that portends well for future rights litigation. And, of course, DOMA is dead. Also heartwarming that all of California’s citizens will have their rights protected; it is, however, sad that this will not extend to all Americans.

[As always on these Prop 8 posts, the absolutely incredible graphic, perfect for the significance and emotion of the Perry Prop 8 case, and the decision to grant marriage equality to all citizens without bias or discrimination, is by Mirko Ilić. Please visit Mirko and check out his stock of work.]

Feinstein Calls for Review of Her Moratorium on Release of Yemeni Prisoners from Gitmo

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Finally sensing that US policy on Yemeni prisoners at Guantanamo is a disaster of epic proportions, and after playing a key role in putting the moratorium on release of Yemeni prisoners into place, Dianne Feinstein on Thursday took the first step toward trying to resolve the crisis before hunger striking prisoners begin to die in large numbers. Feinstein penned a letter to National Security Director Tom Donilon on Thursday, asking for renewed efforts to release those Guantanamo prisoners who have been cleared for release. It is clear that a central step in that process is to review the moratorium on release of cleared Yemeni prisoners.

There is a craven semantics game that is played in the arena of prisoners who have been cleared for release. Government and military officials only ever refer to “detainees” who are cleared for “transfer”, even when those prisoners have been completely cleared of any wrong-doing. Because of that semantics problem, the Guantanamo Review Task Force final report (pdf), issued in January of 2010, provides a muddled description of two groups of Yemeni prisoners who are cleared at various levels for release:

Falling into the category of those who really should be released outright, but classed in the report as “Detainees Approved for Transfer”, we see 29 from Yemen:

29 are from Yemen. In light of the moratorium on transfers of Guantanamo detainees to Yemen announced by the President on January 5, 2010, these detainees cannot be transferred to Yemen at this time. In the meantime, these detainees are eligible to be transferred to third countries capable of imposing appropriate security measures.

A second category of Yemeni detainees cleared for release are those that the government believes still warrant some sort of detention in Yemen. They appear in the category “Detainees Approved for Conditional Detention”:

30 detainees from Yemen were unanimously approved for “conditional” detention based on current security conditions in Yemen.

The status of these prisoners is described further:

After carefully considering the intelligence concerning the security situation in Yemen, and reviewing each detainee on a case-by-case basis, the review participants selected a group of 30 Yemeni detainees who pose a lower threat than the 48 detainees designated for continued detention under the AUMF, but who should not be among the first groups of transfers to Yemen even if the current moratorium on such transfers is lifted.

These 30 detainees were approved for “conditional” detention, meaning that they may be transferred if one of the following conditions is satisfied: (1) the security situation improves in Yemen; (2) an appropriate rehabilitation program becomes available; or (3) an appropriate third-country resettlement option becomes available. Should any of these conditions be satisfied, however, the 29 Yemeni detainees approved for transfer would receive priority for any transfer options over the 30 Yemeni detainees approved for conditional detention.

About that “moratorium” on release of Yemeni prisoners. The review task force report informs us that of 36 Yemeni detainees initially cleared for full release, one was released by court order in September 2009 and another six were released in December 2009. But then the Undie Bomber episode took place on Christmas Day of 2009, and the release of Yemeni prisoners somehow became politically impossible. From the review report: Read more →