Islam Siddiqui Appointed

April 1, 2010 by · Leave a Comment 

President Obama on Saturday announced the recess appointment of 15 political appointees whose nominations had been stalled by Republicans.

DrIslamSiddiqui “The United States Senate has the responsibility to approve or disapprove of my nominees. But if, in the interest of scoring political points, Republicans in the Senate refuse to exercise that responsibility, I must act in the interest of the American people and exercise my authority to fill these positions on an interim basis,” Obama said in a statement.

“Most of the men and women whose appointments I am announcing today were approved by Senate committees months ago, yet still await a vote of the Senate. At a time of economic emergency, two top appointees to the Department of Treasury have been held up for nearly six months. I simply cannot allow partisan politics to stand in the way of the basic functioning of government.”

The 15 newly appointed nominees are:

* Jeffrey Goldstein: Nominee for Under Secretary for Domestic Finance, Department of the Treasury
* Michael F. Mundaca: Nominee for Assistant Secretary for Tax Policy, Department of the Treasury
* Eric L. Hirschhorn: Nominee for Under Secretary of Commerce for Export Administration and head of the Bureau of Industry and Security, Department of Commerce
* Michael Punke: Nominee for Deputy Trade Representative – Geneva, Office of the United States Trade Representative
* Francisco “Frank” J. Sánchez: Nominee for Under Secretary for International Trade, Department of Commerce
* Islam A. Siddiqui: Nominee for Chief Agricultural Negotiator, Office of the U.S. Trade Representative
* Alan D. Bersin: Nominee for Commissioner, U.S. Customs and Border Protection, Department of Homeland Security
* Jill Long Thompson: Nominee for Member, Farm Credit Administration Board
* Rafael Borras: Nominee for Under Secretary for Management , Department of Homeland Security
* Craig Becker: Nominee for Board Member, National Labor Relations Board
* Mark Pearce: Nominee for Board Member, National Labor Relations Board
* Jacqueline A. Berrien: Nominee for Chair of the Equal Employment Opportunity Commission
* Chai R. Feldblum: Nominee for Commissioner, Equal Employment Opportunity Commission
* Victoria A. Lipnic: Nominee for Commissioner, Equal Employment Opportunity Commission
* P. David Lopez: Nominee for General Counsel, Equal Employment Opportunity Commission

In a post to the White House blog that accompanied Obama’s announcement, spokeswoman Jen Psaki wrote that the president “was no longer willing to let another month go by with key economic positions unfilled, especially at a time when our country is recovering from the worst economic crisis since the Great Depression.”

Article II, Section 2 of the U.S. Constitution gives the president the right to unilaterally fill any vacancy that would normally require Senate confirmation when the Senate is in recess.

Unlike appointments that are confirmed by the Senate, recess appointments only last until the end of the next session of Congress, which right now would mean until the end of 2011.

Obama had been widely expected to recess appoint Becker and Pearce to the labor relations board. As Jason Linkins wrote in the Huffington Post on Friday, GOP opposition to Obama’s nominees had left the board with only two of its five members, which has led to a lot of one-to-one ties.

Some of the other appointments are to critical positions, such as the two Treasury candidates whose nominations had been stalled.

And some were being obstructed for particularly outrageous reasons. As Ryan Grim recently reported for the Huffington Post, the two trade nominees — Bunke and Siddiqui — were being blocked by Kentucky Republican Sen. Jim Bunning because he is opposed to a tobacco-related law passed by the Canadian Parliament.

Sen. Sheldon Whitehouse (D-R.I.), was particularly eloquent on that matter on the Senate floor two weeks ago: “The Senator from Kentucky has said he doesn’t have any objection to these nominees. He’s only blocking the nominations as leverage against the President and [U.S. Trade Representative Ron] Kirk. That is pure obstructionism.”

Obama nevertheless shied away from what would have been some more controversial recess appointments. He did not unilaterally install any of his blocked nominees to the Justice Department, including Dawn Johnsen, his nominee to run the Office of Legal Counsel, and Chris Schroeder, his nominee to be assistant attorney general for legal policy — both of whom are beloved by progressives but reviled by Republicans. He also chose not to recess appoint one of his senior Treasury nominees, Lael Brainard, nominated for undersecretary of international affairs, who has run into some tax issues.

That Obama would use his recess appointment powers isn’t a surprise. According to the Congressional Research Service, President George W. Bush made 171 recess appointments; President Clinton made 139.

Until Saturday, Obama hadn’t made any — despite Republican obstruction so intense that even Senate Majority Leader Harry Reid in early February essentially begged Obama to do an end run.

“Frankly, I think the President should recess all of them — all of them,” Reid said of Obama’s stalled nominees. “There are scores of them being held up for reasons that have nothing to do with anything dealing with these people or how they will function once in office.”

There are still about 200 judicial and civilian nominees being held up, some of them for some pretty amazing reasons. And the Senate is in recess until April 12.

12-14

Iranian Student With $750 Turns Billionaire — Made by Islamic Art

April 1, 2010 by · 1 Comment 

By William Green, Bloomberg

stoneHead_plate March 30 (Bloomberg) — Nasser David Khalili stands in an exhibition hall in St. Petersburg’s Winter Palace, gazing at an 18th-century painted enamel of flowers that’s one of 25,000 works of art he owns. “I’d have paid anything for it,” he says, appraising this miniature by Frenchman Philippe Parpette. “There’s no way I’d have let anybody else buy it.”

Khalili, 64, an Iranian-born billionaire who lives in London, has come to Russia to unveil his fifth art collection: On this overcast December afternoon, 320 of his 1,200 enamel treasures will go on display at the State Hermitage Museum, home to the collection of Catherine the Great, Bloomberg Markets magazine reports in its May issue.

Having flown in on a chartered plane, Khalili is relishing a private preview, peering through tinted eyeglasses at such possessions as a gilded clock with matching candelabras that once adorned the home of U.S. railroad tycoon William Vanderbilt. Khalili, who says he has a photographic memory, recalls paying $16,500 for these three pieces 34 years ago. He estimates that they’d now cost $600,000.

In all, Khalili says the enamels he has lent the museum are insured for more than 100 million pounds ($150 million). Even so, they are a trifle compared with the obsession that’s consumed him for four decades: his 20,000 pieces of Islamic art. “His collection is certainly the best in private hands,” says Edward Gibbs, Sotheby’s London-based head of Middle Eastern art. “He is the man who has everything. He’s come to define the market.”

Khalili is revealing his latest collection just as the $43 billion global art market is showing signs of reviving — with an Alberto Giacometti sculpture selling for a record 65 million pounds in February to a buyer later identified by dealers as London-based billionaire Lily Safra. In the Islamic art world, prices for the best pieces have been buoyed by a new generation of Middle Eastern buyers, including museums in Qatar and Abu Dhabi.

“There’s fierce competition for anything unique, rare, beautiful or important,” Gibbs says, noting that an Islamic textile Sotheby’s estimated would fetch $250,000 to $350,000 in a March 2009 auction went to Qatar’s Museum of Islamic Art for $3.4 million.

The limited supply in this niche within the art market has made Khalili’s collection all the more precious, says Claire Penhallurick, an Islamic art consultant for Bonhams auction house. She says it’s impossible to guess what his entire collection is worth.

“How could you value something that’s unique and irreplaceable?” Penhallurick says. “If you had all the money in the world, you couldn’t assemble his collection now.”

When an exhibition of 471 of Khalili’s Islamic pieces opened at the Institut du Monde Arabe in Paris in October, they alone were insured for almost 600 million pounds.

The story behind how Khalili built his fortune has long been shrouded in secrets. As a property developer, he shunned publicity and didn’t slap his name on buildings or the company that is his main investment vehicle. He has also operated under the radar when buying art.

“During the collecting, I don’t say anything,” Khalili says. “When it’s done, then I speak.”

His elusiveness has fueled much speculation, often revolving around how he financed his collecting. Khalili, who left Iran in 1967 with $750, says he’s since spent $650 million on art. London’s Sunday Times, which estimated his fortune at 5.8 billion pounds in 2007, gave up guessing his worth the following year and removed him from its annual rich list.

Khalili, whose works are held in a family trust, says he used subterfuge to amass his Islamic collection, pretending for several years to be an art dealer so he could acquire pieces at wholesale prices. While his stealth has often obscured the scale of his buying, the magazine ARTnews says Khalili is one of Britain’s top collectors, along with Safra and private museum owner Charles Saatchi.

The Iranian says he’s aware of whispers within the art trade that he grew rich buying Islamic works for Brunei’s Sultan Hassanal Bolkiah. Sitting in his office in London’s Mayfair neighborhood, where the treasures on display include an 8th- century bronze camel and a 7,000-year-old stone sculpture, Khalili beats his chest with his hand when asked about the rumors.

“I didn’t buy anything for anybody. Nobody, right?” he says. “I bought for myself. This is all bulls—, all right?”

The questions surrounding Khalili stem in part from his emergence in the 1980s as a trailblazer in Islamic collecting.

“There was this sudden transformation,” says William Robinson, director of Islamic art at Christie’s International. “In the late 1980s he was the No. 1 buyer.” Robinson and others thought he was buying as the exclusive agent for a powerful client. “It was assumed that the Sultan of Brunei was behind it,” Robinson says. “I really don’t know.”

Brunei’s Ministry of Foreign Affairs didn’t respond to requests for comment.

Britain’s press also fueled speculation about the source of Khalili’s riches. “He spends on a scale no art collector has done before,” London’s Independent wrote in 1994. “Yet no one knows where his money comes from. … (Khalili) vehemently denies the suggestion that he has been secretly investing the sultan’s money rather than his own.”

Khalili says he met the Sultan of Brunei around 1984, after the U.K.’s Foreign Office asked him to advise the monarch on creating an Islamic gallery at the Brunei Museum.

“He had about 10,000 pieces,” Khalili says. “I chose about 1,000 pieces and said, ‘Throw the rest away. They’re junk.’”

As a favor, he says, he selected several items for the Sultan to buy at auction and the Khalili family trust sold him a dozen pieces from its Islamic collection, including Qurans, metalwork and textiles, for about 4 million pounds.

Khalili dismisses rumors that he sold art to the Sultan at inflated prices, pointing out that he later convinced him to donate 10 million pounds to the University of London for an Islamic gallery.

“If you rip somebody off, would they turn around and give you 10 million pounds to build a gallery?” he asks.

It’s now obvious he was buying for himself, Khalili says, since his Islamic collection is cataloged in 19 books written by an army of scholars he has hired to document its provenance and authenticity.

Khalili, who has also built collections of Japanese Meiji art, Spanish metalwork and Swedish textiles since 1975, says the value of his artworks is irrelevant, because he will never sell them.

“All five collections are priceless: 2 billion pounds, 3 billion pounds, 4 billion pounds, it doesn’t make any difference,” he says. “These collections cannot be replaced.”

His Islamic treasures include a 14th-century Iranian world history by Rashid al-Din Fadlallah, which he says cost him 12 million pounds in 1990. “It’s one of the greatest illustrated manuscripts in the world,” says Tim Stanley, senior curator for the Middle East at London’s Victoria & Albert Museum.

Khalili, who holds both U.S. and U.K. passports, offered to lend his Islamic collection to the British nation in 1992 if the government provided a museum to house it. Khalili says he stipulated that the loan would become a gift after 15 years if the collection was exhibited to his satisfaction; if not, he could take it back.

Outsider in London

“The offer to the British government was a really terrible one,” says Anna Somers Cocks, editor-in-chief of the London- based monthly Art Newspaper, because of this risk. After months with no response, Khalili abandoned the plan. Still lacking a permanent home, most of his artworks are stored in warehouses in London and Geneva.

Michael Franses, a U.K.-based retired dealer in rare carpets who’s known Khalili since the 1970s, says this rebuff reflected Khalili’s outsider status in his adopted country.

“The British establishment was very closed,” Franses says. “I don’t think people trusted him because he was Iranian and strange and different.”

That setback is a distant memory as Khalili strides through the Hermitage, musing on how far he’s come since leaving Iran. His artworks have been showcased by 40 museums, including the Victoria & Albert and New York’s Metropolitan Museum of Art.

Khalili also prides himself on the honors he has won for his philanthropy. An observant Jew who says he avoids discussions of politics, Khalili co-founded the Maimonides Foundation in 1995 to foster dialogue between Jews and Muslims through sports, cultural events and education. He also endowed a research center for Middle Eastern culture at the University of Oxford.

In recognition of Khalili’s interfaith work, Pope Benedict XVI anointed him last year as a Knight Commander of the Pontifical Equestrian Order of St. Sylvester.
“I’m self-made. I’ve done it all on my own,” says Khalili, whose 14-page resume is headlined: “Scholar, Benefactor and Collector.”

Khalili sees no contradiction in being Jewish and owning an Islamic collection.

“I fell in love with it because it was the most beautiful and diverse art,” he says.

In 2005, at the launch party for Khalili’s book The Timeline History of Islamic Art and Architecture, Iran’s then- ambassador to London, Seyed Mohammad Hossein Adeli, hailed him as “an ambassador for the culture of Islam.”

First Treasure

Khalili’s journey to the top of the art world began in Iran on Dec. 18, 1945. The fourth of five children, he grew up in Tehran. His mother counseled divorced women. His father — like his father before him — visited homes to acquire artworks he could sell for a few dollars profit.

As a child, Khalili tagged along when his father traded art, once joining him at the home of a former education minister with a collection of pen boxes. The 12-year-old yeshiva student was enraptured by a lacquer pen box painted with 800 men and horses, each one different. Khalili recalls that when he rhapsodized about the box, the owner’s eyes filled with tears.

“He turned round to my dad and said, ‘I’m not selling this to you. I’m giving this to your son,’” Khalili says. He still has the pen box in his Islamic collection. “So the first piece I didn’t buy; I was given,” he says.

Art Mentor

After high school, Khalili did national service, training as an army medic. At 22, he left Iran for New York, where he worked at a Howard Johnson’s restaurant while studying at Queens College, part of New York’s public education system. One evening, as Khalili sipped cream to soothe an ulcer, the restaurant manager scolded him for taking it without permission. Khalili threw his waiter’s jacket at his boss and decided he’d trade art to pay his school fees.

At an auction of Russian enamels months later, Khalili noticed the main bidder was Alan Hartman, whose family ran a Manhattan antiques store. Khalili borrowed several enamels from Hartman on consignment. He says he sold them that evening for a $26,000 profit to Iranian collectors he knew on Long Island, where many wealthy Iranians were settling. (Khalili’s four siblings have since moved there.)

Hartman, now 80, says he wanted to help because Khalili was a Jewish immigrant struggling to build a new life. “We felt sorry for him,” he says.

“Alan and I did a hell of a lot after that,” Khalili says. “In two years, I was a millionaire.”

Friends say it was typical of Khalili that he’d launched himself by charming a stranger into lending him art.

“He has a way of winning people over,” says Sotheby’s Gibbs.

Tactile Billionaire

In person, Khalili exudes warmth: Meeting someone for the first time, he’s liable to introduce himself with a hug. He stands close to people, resting his hand on their arm, shoulder or back.

Before graduating from Queens in 1974 with a bachelor’s degree in computer sciences, Khalili was already amassing his own collection.

“I used to buy a group of objects — let’s say, 10 objects for $100,000 — keep 3 or 4 of the best aside and sell the rest for $250,000,” he says. “I used my knowledge to create money to finance my dream.”

In 1978, Khalili married Marion Easton, an Englishwoman he’d met while buying jewelry from her in a London antique store, and they settled in the U.K. capital. They have three sons: Daniel, 28, a jewelry designer, and twins Benjamin and Raphael, 25, who invest family money in startups such as PlayPit Games Ltd., an online entertainment company.

Decoy Shop

In addition to dealing art, Khalili says he began in the late 1970s to buy commercial properties in the U.K., France, Portugal and Spain.

“As he made money with property, he put it into art,” says Franses, the retired carpet dealer. “He was only ever interested in the art.”

Khalili approached him whenever he had cash to spare, buying such rarities as two 16th-century rugs that Franses says would now cost 2 million pounds each.

Khalili deployed misdirection to his advantage when he opened an Islamic art store in London in 1978. For three years, Khalili says he used the shop as a ruse to obtain dealers’ prices.

“I never sold anything there; I used that place as a decoy and bought unbelievable stuff,” he says.

“His timing was impeccable,” says Penhallurick. Islamic art was such a backwater that dedicated Islamic auctions didn’t begin until the 1970s. Khalili — whose main rivals at the time included the Kuwaiti royal family and the David Collection, owned by a Danish foundation — says many pieces he acquired then would now cost 10 to 50 times more.

Beautiful and Overlooked

“Anything that is beautiful and was overlooked, I bought,” says Khalili, who received a Ph.D. in Islamic lacquer at the University of London in 1988.

By the mid-1980s, Khalili says, his purchases were partly funded by venture capital investments that he declines to name. He says he made 30 times his money off shares he had bought in the late 1970s in a company developing technology to treat tumors. In 1987, he says he pocketed $15 million from the sale of a private company that made indigestion pills.

Khalili says he stopped trading art around 1980 and bankrolled his collecting primarily with profits from property. In a typical deal, he says, he paid 32.5 million pounds in 1992 for Cameron Toll, an Edinburgh shopping mall, selling it two years later for 55 million pounds as the market revived. Public records show Khalili has owned various private property companies.

Property Development

His main vehicle, Favermead Ltd., was incorporated in the U.K. in 1992 and sold 97 million pounds of property in 1995 alone, according to the company’s financial statements.

“Business is the least of my pride,” Khalili says. “Compared to collecting, it’s a piece of cake.”

Still, he currently owns a 60,000-square-foot (5,574- square-meter) business park in Exeter, England; a 32,000-square- foot building in Mayfair; and a site in central London where he plans to build a 320,000-square-foot, 13-story office tower when the real estate market recovers.

“If he starts building in the next 12 months, it’ll be very good timing as there’s very little available in the market,” says Gerald Ronson, CEO of London-based developer Heron International, which also bid for the central London site.

Mayfair Mansion

One personal property venture proved more problematic.

In 1993, Khalili began combining two buildings in Kensington that once housed the Russian and Egyptian embassies into a 55,000-square-foot home. Khalili says he spent 90 million pounds on the house, including 45 million pounds on the refurbishment. He employed 400 craftsmen for 4 years, installing 3,200 square meters of marble, a Turkish bath and underground parking for 20 cars. Marion Khalili says she refused to move in, deeming the house too palatial.

In 2001, Khalili unloaded the property for 50 million pounds to Formula One tycoon Bernie Ecclestone, who sold it to steel magnate Lakshmi Mittal for 57 million pounds in 2004, according to public records. Khalili now lives instead in a seven-story Edwardian mansion in Mayfair.

These days, Khalili says, his buying of Islamic art has slowed. With competition intensifying, he’s turned his attention elsewhere. One afternoon in late February, he reveals that he’s already begun his sixth collection. This time, Khalili says, he’s acquired an existing trove of nearly 200 pieces, to which he’ll add more treasures.

And the collection’s theme?

“I’m not telling you,” Khalili says with a smile. With that, he draws a veil on the next chapter in the improbable story of the Iranian yeshiva student who became the world’s leading private collector of Islamic art.

–Editors: David Ellis, Jonathan Neumann

Thoughts on Aafia Siddiqui’s Conviction

February 28, 2010 by · Leave a Comment 

Barrister Jafree’s Open Letter

By Barrister Jafree

I have been dismayed to read the article by Ms.  Rafia Zakaria  from Ohio (otherwise, one of the very few Indic-diaspora lawyer-columnists I have admired and praised) in the Dawn [February 17]. Since July 2008 I had kept her informed about the suffering, dilemmas and predicaments of Dr. Aafia  Siddiqui who was actually brutally kidnapped and ruthlessly-illegally Renditioned (along with her three perfectly innocent infant children) from  Karachi (she was proceeding by taxi to the Saddar  Railway Station on way to Islamabad due to horrendous harassment/ untold persecution from  her former husband as well as  the CIA functionaries and indigenous Khufia, and in the capitol-city of Pakistan she intended to take up employment at The Al-Shifa Hospital, and raise her three children) in 2003; and not arrested from Ghazni in 2008 as has been scurrilously and systemically  claimed by CIA/FBI functionaries and aficionados/bounty-hunters.

Aafia’s  helpless family consists of an elder  sister, a brother, and an old, God-fearing  mother. For six calendar years the  unfortunate, law-abiding Family  could not  even have a First Information Report  (F.I.R.) registered because of the Outreach and overreaction of the Powers That Be (read Unjustified Enrichment wonderboys) in Pakistan.  Power corrupts and absolute power corrupts absolutely. 

Finally, only late in 2009 a wishy-washy FIR was registered (without mentioning who  had kidnapped Aafia and under whose patronage/sponsorship). That FIR  is being investigated ahista-ahista by SSP Investigator Alhajj Niaz Khosa of Karachi while water has virtually crossed over the heads. This is no cause for applause except for the  Made-in-America Military Industrial Complex!

Mid-July 2008 while  visiting Islamabad  (in connection with my Habeas Writs regarding outrageously wrongful confinement of Dr. Abdul Qadeer Khan by General Pervez Musharraf) I was shocked to learn from a mysterious,trembling  phonecall  that Aafia was being detained/abused  in a dungeon jail in Kabul (“and was likely to be shot dead”). Immediately I made the best inquiries I could muster, and  I filed a hand-written  Writ Habeas Corpus in the Islamabad High Court . I did, for example,  ask U.S. Ambassador , Miss Ann Patterson if she denied that the Embassy remained  curiously (and coyly/smugly)  silent so did our  then Interior Secretary, Alhaj Syed Kamal Shah (who was Inspector General of Sindh in 2003). and our Minitry of Law, Justice  and Human Rights. Such silence (indifference+apathy) is deafening, disgraceful and dreadful nonsense of arrogance. 

Concerning my Habeas Writs, the Interior/ Foreign Affairs Ministries and Attorneys-General for Pakistan, (Qayyum and Khosa) wasted time of the Court and showed no concern for a fellow-citizen and human being. I made desperate efforts that the Attorney-General for Pakistan write a letter to United States District Judge Richard Berman (copying it to the United States Attorney  in New York, 20005) that Aafia was illicitly kidnapped from Karachi in 2003. This was not done, sinisterly so,  in spite of  helpful directions from the Lahore High Court which have been openly flouted.

The reprehensible maltreatment of Aafia is a felony of  designer Bait ‘N Switch. The most pressing question here  is  simply not  concerning what is happening  (regretably so!) in Pakistan to other oppressed women and repressed men.  More immediately relevant is the fact that Rafia Zakaria who is on the Board of the American Civil Liberties Union never protested the gravely  ill-treatment that has been accorded to Aafia who was transferred without any cause or judicial/extradition proceeding to the Death-penalty jurisdiction of New York.

The Afghan Government as well as the United States Officialdom violated, inter alia, the Geneva/Vienna Conventions and Treaty of Friendship and Commerce between Pakistan and USA [1959] by not immediately  informing Pakistan Embassy in Kabul (his would have been the case had she been arrested  actually in Ghazni); rather the  Pakistani Embassy in Washington was intimated MUCH  AFTER  my Writ and  only after Aafia had been cruelly lodged in  a New York’s Brooklyn  Detention Center where she has been  violated, physically harmed and variously humiliated and is being  grossly inhumanly maltreated.  Her son, Ahmed has told our illustrious  Interior Minister (Government of Pakistan)  that he never saw nor encountered  his mother after being grabbed and separated from his nuclear family in 2003. in  Karachi. This should make some lice to crawl over the ears of our Establishment! 

I do ask why is  Miss Rafia Zakaria silent about the violence and inhumanity accorded by   the U.S. officialdom to Aafia within United States of America itself. The truth of the matter is that CIA needed some highly-educated person to  ‘credibly’ blame for  the consequences of 9-11; they catapulted  (and are victimizing) America-educated Aafia to fit that  Negative Sum Mentality Purpose. Then, to add/ ‘justify’ insidious  insult to injury (to Aafia as well as  the Occidental image of Islam)  finding no evidence for six  long years  artfully arranged  A-to-Z,

Aafia’s predetermined trial in God-forsaken New York where no civilized country even allows proper Extradition. This is  a crying shame! Aafia was regretably denied  threshold access to  even choose her own lawyers or defend herself of her own. This mischievous misconduct offends all notions of process that was due  and is now Overdue!!
By the way, Dr Aafia Siddiqui never re-married anyone as was wrongfully touted and spinned globally  by FBI. Aafia is victim of that fascist syndromme: “Call a person a dog and then shoot her” . The Neo-Improvisation and Restatement of that Syndrome is that before-predetermined-shooting-an-innocent-lady – - just  have three or four  heavy-weight American soldiers  falsely claim that the chosen victim-to-be-blamed shot at them first by grabbing their gun which was lying on the floor of their overseas dungeon. As a former Assistant Attorney-General in the USA, I know that laying-down the heavy-gun on the floor is never  dared and never done in  suchlike circumstances. Additionally,  no DNA or other physical evidence was discovered to that  alleged-effect. The Jury returned the verdict of “Guilty” based on verbal evidence of Aafia versus four  bought (and brought) witnesses. Law will accept the impossible but not the improbable and unreasonable. Let us not be somnobulant about that.  I spent quater of a century in the USA learning and not-earning dollars.

In a nutshell,  I must  respectfully and  conscientiously ask American bureaucrats  that they should stop maltreating minorities and try to understand Islam in the proper light so that past wrongs and blunders can be rectified and only thus the Day Shall Dawn.

It is a long shot! But where there is will there is a way.

Yours sincerely,

SYED MOHAMMED JAWAID IQBAL JAFREE OF PACIFIC PASLISADES,

MA Illinois LLM Harvard PhD Read  FRSA London  SASC PC, ATTORNEY AT LAW, ADMITTED IN PAKISTAN AND USA

12-9

Israel is Immune From Criticism

January 28, 2010 by · Leave a Comment 

By Brian Cloughley

Bombing-in-Gaza-001
The Goldstone report, which HRW supported, accused Israel of a disproportionate attack designed to punish, humiliate and terrorise a civilian population. Photograph: Hatem Omar/AP

The state of Israel has descended – plummeted – to one of the lowest levels of conscious barbarity that is currently evident in this horrible world.

Any nation that has behaved towards a subject people, as Israel has to Palestinians, is worthy only of utter contempt. On Sunday January 4 I heard a rabbi on the BBC’s morning religious program saying that he supported Israel’s air strikes on Gaza. A man of God actually endorsed the killing of hundreds of people. To say that I was – and am – aghast at the sentiment expressed is to put it very mildly. This religious leader, a person supposed to spread and preach tolerance, patience, charity and peace, was supporting war crimes of immense gravity. His approval of the killing of Arabs was blood-chilling.

And this rabbi was British. Here we have a British citizen supporting hatred and bigotry on a BBC religious program. But of course he isn’t really British. He is an Israeli religious propagandist of British citizenship whose main allegiance is to Israel. There are thousands like him in the UK and the US. They unconditionally promote Tel Aviv’s plans and policy and wield amazing influence over politicians and businesses. Killing Palestinians is Israeli policy, and these people spare no effort to justify it.

Here’s a resident of Gaza talking to the Israeli newspaper Haaretz about the horrors experienced by Palestinians (and congratulations to Haaretz for having the courage to print it): “I keep the children away from the windows because the F-16s are in the air; I forbid them to play below because it’s dangerous. They’re bombing us from the sea and from the east, they’re bombing us from the air. When the telephone works, people tell us about relatives or friends who were killed. My wife cries all the time. At night she hugs the children and cries. It’s cold and the windows are open; there’s fire and smoke in open areas; at home there’s no water, no electricity, no heating gas. And you [the Israelis] say there’s no humanitarian crisis in Gaza. Tell me, are you normal?”

No, they’re not, is the short answer, and the ruthlessness is epitomized by the evil Israeli foreign minister, Tzipi Livni, who is using the Gaza war to establish her credentials as a reliably hard-nosed barbarian. She declares “there is no humanitarian crisis in the [Gaza] Strip and therefore there is no need for a humanitarian truce.”

It was reported on January 5 that Israeli troops are using white phosphorus (WP) artillery shells in Gaza, supposedly to create smoke screens to conceal their advance.

American troops used WP – fondly known as Willy Pete – in their destruction of the Iraqi city of Fallujah, and the US tried to lie its way out of the war crime, but junior officers unintentionally blew the lies apart by writing in the magazine Field Artillery that “WP proved to be an effective and versatile munition. We used it for screening missions . . . and, later in the fight, as a potent psychological weapon against insurgents in trench lines and spider holes . . . We fired ‘shake and bake’ missions at the insurgents using WP to flush them out and high explosive shells (HE) to take them out.” In fact WP is an effective killer, and anyone who inhales particles will suffer a particularly hideous and painful death. As recorded by The Independent newspaper in Britain “In the aftermath of the battle [at Fallujah], the State Department’s Counter Misinformation Office issued a statement saying that WP was only “used very sparingly in Fallujah, for illumination purposes. They were fired into the air to illuminate enemy positions at night [which isn’t the propose of a smoke-shell], not at enemy fighters.” When The Independent confronted the State Department with the first-hand accounts of soldiers who participated, an official accepted the mistake and undertook to correct its website.” Big deal. Lie, lie and lie again, until you’re found out and it’s impossible to deny the facts. And the Israelis seem to be taking the example, as usual, and are stoutly denying what has been seen by independent witnesses.

Article two, Protocol III of the 1980 UN Convention on Certain Conventional Weapons states: “It is prohibited in all circumstances to make the civilian population as such, individual civilians or civilian objects, the object of attack by incendiary weapons.” But Israel is only following the US example. “Shake and bake” is such an attractive military option that it would be a shame to spoil their fun, especially when it has rabbinical approval.

Here is part of what is laid out in Protocol 1, Additional to the Geneva Conventions, 1977 . . . General Protection Against Effects of Hostilities: “Among others, the following types of attacks are to be considered as indiscriminate: An attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.”

Israel, supported energetically by Washington (and using US-supplied aircraft, bombs and rockets), has caused “incidental loss of life” and general civilian casualties on an enormous scale. The Israeli military and the Israeli people knew full well that their genocidal attack on Gaza would kill civilians. The use of white phosphorous in built-up areas is worthy of the Nazis at their most brutal. Stalin and Mao would nod approvingly. It wasn’t considered important that there would be countless civilian deaths. Nobody cares, and least of all American politicians.

Secretary of State Hillary Clinton refuses to comment on the atrocities. The vice-president has been silent. President Obama? As Reuters reported : “Obama . . . has not commented on the Middle East crisis since Israel launched attacks on Gaza nine days ago. His advisers insist that only President George W Bush can speak for America until then.” But it was noted that “The president-elect has commented on the global economic crisis and his plans to try to pull the US economy out of recession.”

Of course he has. And were it not for the power of Israel in America he would no doubt comment adversely on the slaughter in Gaza, because he is a decent man.
But Mr. Obama dare not criticize Israel, even for its use of chemical shells. Nor can any American who wishes to enter or remain engaged in politics. The kiss of political death in the United States of America is to censure Israel. It can’t be done.

And that is why apartheid is permitted in Israel; it’s why the mass-punishment blockade was enforced months before the attack went in; and it’s why the near-genocide in Gaza is allowed to continue.

Does anyone remember the hearing on the so-called Israeli-Palestine peace process in the US House of Representatives in February 2007? Of course not. It was a farce. And why was it such a revolting and hideous charade? – Because it was a three card trick.

The main witness, of the three cards who were called, was one Martin Indyk, a former official of the American Israel Public Affairs Committee which is the richest and most powerful lobby group in the country (two of whose members are currently under a mysteriously delayed investigation for spying for Israel). From there, inevitably, he went to be US ambassador in Tel Aviv. (And, incidentally, whose book on the Middle East was the subject of a glowing review in last week’s Economist.) Another witness was David Makovsky of the Washington Institute for Near East Policy (founded by Indyk; it’s all very chummy in pro-Israel sewers), which is funded extensively by American interests that support Zionism. (Among other connections, it is closely associated with the Jaffee Center for Strategic Studies at Tel Aviv University.) And was the third witness a counter-balance to two energetic supporters of Zion? Could he or she present a rather less biased view of the Middle East? Perhaps a person who would make the point that Israel has contemptuously ignored UN Security Council resolutions concerning illegal occupation of Palestinian lands?

Not a bit. The third member was a comic quasi-intellectual character called Daniel Pipes who once declared that Muslim immigrants to the US were “brown-skinned peoples cooking strange foods and not exactly maintaining Germanic standards of hygiene.” (Germanic? – How quaint.) Pipes founded the Middle East Forum (MEF) which encourages university students in America to report lecturers and professors who they consider to be anti-Israel or pro-Palestinian. (In Hitler’s Germany there were awards given to young people who identified and reported those they thought to be pro-Jewish; I know a very elderly German lady who did this when she was 15. She is now terribly ashamed at the memory, because she actually informed on her own father. How times change. Or don’t, of course.)

In 2006 Pipes was given the ‘Guardian of Zion’ award, an annual prize to a prominent supporter of Israel, by the Rennert Center for Jerusalem Studies at Bar-Ilan University in Israel.

With a galaxy of partisan propagandists like Indyk, Makovsky and Pipes being the only people selected to give evidence on Israel-Palestine to the nation’s legislators in Washington, there was no chance whatever that the Congressional Sub-Committee would be presented with a balanced view of the Israel-Palestine problem. The deck was stacked, and the legislators listened. They had no choice, because of the power of the Israel lobby. They’ve been shaken and baked.

There is little doubt that the bias towards Israel will continue in the legislature and administration of the United States of America, no matter what Obama might really think, and no matter how many Palestinian children the Zionists have slaughtered. The Israelis are behaving like genocidal people, but those who stay silent about their atrocities are not far behind in the gutter stakes.

Brian Cloughley’s book about the Pakistan army, War, Coups and Terror, has just been published by Pen & Sword Books (UK)

12-5

US Cutting Gaza Lifeline

December 27, 2009 by · 1 Comment 

By Ann Wright

2009-12-19T210125Z_191868094_GM1E5CK05E101_RTRMADP_3_PALESTINIANS-EGYPT

December 10, 2009 – No doubt at the instigation of the Israeli government, the Obama administration has authorized the United States Army Corps of Engineers to design a vertical underground wall under the border between Egypt and Gaza.

In March, 2009 the United States provided the government of Egypt with $32 million in March, 2009 for electronic surveillance and other security devices to prevent the movement of food, merchandise and weapons into Gaza. Now details are emerging about an underground steel wall that will be 6-7 miles long and extend 55 feet straight down into the desert sand.

The steel wall will be made of super-strength steel put together in a jigsaw puzzle fashion. It will be bomb proof and can not be cut or melted. It will be “impenetrable,” and reportedly will take 18 months to construct.

(http://news.bbc.co.uk/2/hi/middle_east/8405020.stm)

The steel wall is intended to cut the tunnels that go between Gaza and Egypt.

The tunnels are the lifelines for Gaza since the international community agreed to a blockade of Gaza to collectively punish the citizens of Gaza for their having elected in Parliamentary elections in 2006 sufficient Hamas Parliamentarians that Hamas became the government of Gaza. The United States and other western countries have placed Hamas on the list of terrorist organizations.

The underground steel wall is intended to strengthen international governmental efforts to imprison and starve the people of Gaza into submission so they will throw out the Hamas government.

2009-12-21T160522Z_1241899875_GM1E5CM009Q01_RTRMADP_3_EGYPT-BORDER

A member of Hamas security forces stands guard near the border between Egypt and the Gaza Strip December 21, 2009. Egyptian officials confirmed on Monday that Egypt is building an underground steel barrier next to its border with Gaza, where Palestinians have built tunnels to smuggle in goods to beat an Israeli blockade.                

REUTERS/Mohammed Salem

Just as the steel walls of the US Army Corps of Engineers at the base of the levees of New Orleans were unable to contain Hurricane Katrina, the US Army Corps of Engineers’ underground steel walls that will attempt to build an underground cage of Gaza will not be able to contain the survival spirit of the people of Gaza.

America’s super technology will again be laughed at by the world, as young men dedicated to the survival of their people, will again outwit technology by digging deeper, and most likely penetrating the “impenetrable” in some novel, simple, low-tech way.

I have been to Gaza 3 times this year following the 22-day Israeli military attack on Gaza that killed 1,440, wounded 5,000, left 50,000 homeless and destroyed much of the infrastructure of Gaza. The disproportionate use of force and targeting of the civilian population by the Israeli military is considered by international law and human rights experts as as violations of the Geneva conventions.

When our governments participate in illegal actions, it is up to the citizens of the world to take action. On December 31, 2009, 1,400 international citizens from 42 countries will march in Gaza with 50,000 Gazans in the Gaza Freedom March to end the siege of Gaza. They will take back to their countries the stories of spirit and survival of the people of Gaza and will return home committed to force their governments to stop these inhuman actions against the people of Gaza.

Just as American smart bombs in Afghanistan and Iraq have not conquered the spirit of Aghans and Iraqis, America’s underground walls in Gaza will never conquer the courage of those who are fighting for the survival of their families.

One more time, the American government and the Obama administration has been an active participant in the continued inhumane treatment of the people of Gaza and should be held accountable, along with Israel and Egypt for violations of human rights of the people of Gaza.

Ann Wright is a retired US Army Reserve Colonel and a former U.S. diplomat who resigned in March, 2003 in opposition to the war on Iraq. She served in as a US diplomat in Nicaragua, Grenada, Somalia, Uzbekistan, Kyrgyzstan, Sierra Leone, Micronesia, Afghanistan and Mongolia. She is the co-author of “Dissent: Voices of Conscience.”

Her March 19, 2003 letter of resignation can be read at http://www.govexec.com/ dailyfed/0303/032103wright.htm.

http://intifada-palestine.com/2009/12/11/us-cutting-gaza-lifeline/

See 2.:21 min video at: http://www.youtube.com/watch?v=NzhUcShtkSk&feature=player_embedded which accompanies this article.

11-53

Majority of UN member countries call on Israel to abide by resolutions on the occupied Syrian Golan

November 25, 2009 by · Leave a Comment 

By Mazen Eyon

New York, (SANA)-The majority of the United Nations member countries called on Israel to abide by resolutions related to the occupied Syrian Golan, particularly the UN Security Council resolution 497 which considers the Israeli decision to impose its laws and procedures on Golan as null and void.

The fourth Committee of the UN General Assembly (The Special Political and Decolonization Committee) adopted Thursday a draft resolution entitled ‘the occupied Syrian Golan’ with 165 countries voting for the resolution. Only Israel voted against the draft resolution and the US abstained.

The resolution called on Israel to cancel its decision of annexing the Golan, considering the Israeli administrative and legislative procedures to change the Syrian Golan identity as null and void as well as a flagrant violation of the international law and Geneva Convention.

It also demanded Israel to stop imposing the Israeli nationality and the Israeli identity cards on the Syrians in Golan and halt the repressive measures against the Syrian citizens, condemning Israel’s violations of Geneva Convention on protecting civilians.

The Committee urged the UN member countries not to recognize any of the Israeli procedures that contradict the international law.

11-49

Study: Weapons, Civilian Deaths

November 12, 2009 by · Leave a Comment 

The Weapons That Kill Civilians — Deaths of Children and Noncombatants in Iraq, 2003–2008

Researchers from King’s College London and Royal Holloway, University of London in the UK, together with members of the non-profit group Iraq Body Count, have published a new event-based analysis of the impact of different weapon-types on Iraqi civilians in the April 16, 2009 issue of the New England Journal of Medicine: The Weapons That Kill Civilians – Deaths of Children and Noncombatants in Iraq, 2003-2008

Using the extensive and detailed database of Iraq Body Count (IBC), the researchers analyzed 14,196 events in which 60,481 civilians were violently killed during the first five years of the conflict in Iraq, thereby gaining an extraordinary overview of the harm that different weapons — from low to high tech — have brought to Iraq’s civilian population. Dr Madelyn Hicks of King’s College London, lead author of the article, said, “By linking a large number of deaths to the particular weapons used in specific events, the IBC database offers a unique opportunity for detailed analysis of the public health impact of different forms of armed violence on Iraqi civilians.”

For overall combined causes of civilian death from weapons in the data-set — ranging from gunfire, to improvised explosive devices used in roadside bombs, to precision-guided missiles — the average number killed per event was 4. However, the researchers found that when air-launched bombs or combined air and ground attacks caused civilian deaths, the average number killed was 17, similar to the average number in events where civilians were killed by suicide bombers travelling on foot (16 deaths per event).

The authors relate their findings to international humanitarian law and the need for effective policies to protect civilians. Describing suicide bombers on foot as a form of precisely targetable “smart bomb,” they argue that their pattern of killing high numbers of Iraqi civilians can only result from disregard for civilian life when targeting opposition forces, or the direct targeting of civilians, which is a war crime. Regarding their finding of a high rate of civilian death from aerial bombs, they write, “It seems clear from these findings that to protect civilians from indiscriminate harm, as required by international humanitarian law (including the Geneva Conventions), military and civilian policies should prohibit aerial bombing in civilian areas unless it can be demonstrated — by monitoring of civilian casualties, for example — that civilians are being protected.”

The researchers were also able to analyze the demographic characteristics of noncombatants who fell victim to different forms of violence. Execution after abduction or capture was the single most common form of death overall, with by far most of its victims (95%) being male. Nearly a third of execution victims were described as bearing marks of torture, evidence that they had suffered “a particularly appalling form of violent death.”

For Iraqi females, and children, events involving air attacks and mortar fire were the most dangerous. In air attacks causing civilian deaths, 46% of victims of known gender were female, and 39% of victims of known age were children. Mortar attacks claimed similarly high proportions of victims in these two demographic groups (44% and 42%). By comparison, 11% of victims across all weapons types were Iraqi females, and 9% were children. The authors argue that their findings showing that air attacks (whether involving bombs or missiles) and mortars killed relatively high proportions of females and children is further evidence that these weapons should not be directed at civilian areas by parties to conflict because of their indiscriminate nature. As co-author Professor John Sloboda of Royal Holloway, University of London, who is also a co-founder of IBC, notes, “Our weapon-specific findings have implications for a wide range of conflicts, because the patterns found in this study are likely to be replicated for these weapons whenever they are used.”

The authors conclude that “Policymakers, war strategists of all persuasions, and the groups and societies that support them bear moral and legal responsibility for the effects that particular combat tactics have on civilians — including the weapons used near and among them.”

Authors:

Dr. Madelyn Hicks, King’s College London; Hamit Dardagan, Iraq Body Count; Prof. John Sloboda, Royal Holloway, University of London and Iraq Body Count; Prof. Michael Spagat, Royal Holloway, University of London.

11-47

Official: Iran to “Blow up Heart” of Israel if Attacked

October 22, 2009 by · Leave a Comment 

TEHRAN (Reuters) – Iran would “blow up the heart” of Israel if it was attacked by the Jewish state or the United States, a Revolutionary Guards official was quoted Friday as saying.

“Even if one American or Zionist missile hits our country, before the dust settles, Iranian missiles will blow up the heart of Israel,” Mojtaba Zolnour said, according to IRNA news agency.

Zolnour is a deputy representative of Supreme Leader Ayatollah Ali Khamenei in the elite Guards force. Iranian officials have previously said Tehran would retaliate in event of an Israeli or U.S. attack.

Earlier this year, a senior commander said Iranian missiles could reach Israeli nuclear sites. Israel is believed to be the only nuclear-armed Middle East state.

Israel has not ruled out military action if diplomacy fails to end a dispute over Iran’s nuclear ambitions, echoing U.S. policy, although Washington is engaged in a drive to resolve the issue through direct talks with Tehran.

The West suspects the Islamic state is covertly seeking to develop nuclear weapons, which Iran denies.

“The Zionist regime and the United States cannot risk attacking Iran,” Zolnour said in the holy Shi’ite city of Qom on Thursday, citing Iranian military and technological advances, IRNA reported. Iran refers to Israel as the “Zionist regime.”

At talks in Geneva on October 1, Iran agreed with six world powers — the United States, Russia, China, Britain, France and Germany — to give U.N. experts access to a newly-disclosed uranium enrichment plant south of Tehran.

Iran and Western powers described talks as constructive and a step forward. However, underlying tension was highlighted before the meeting when Iran test-fired missiles with ranges that could put Israel and regional U.S. bases within reach.

The Geneva talks are expected to win Iran a reprieve from tougher U.N. sanctions, although Western powers are likely to be wary of any attempt by Tehran to buy time to develop its nuclear program.

Senior cleric Ahmad Khatami, leading Friday prayers in Tehran, said the meeting represented a “victory” for Iran.

“The Geneva conference was a very successful one and amounted to a victory for the Islamic Republic,” he told worshippers.

“Up until the conference they were constantly talking about sanctions and suspension, but when the conference was held there was no talk of either sanctions or suspension,” he said.

11-44

UN: Make Israel War Crime Trial

September 24, 2009 by · Leave a Comment 

By Donald Macintyre in Jerusalem

Report also censures Hamas but accuses Israelis of punishing entire population of the Palestinian Strip

Israel targeted “the people of Gaza as a whole” in the three-week military operation which is estimated to have killed more than 1,300 Palestinians at the beginning of this year, according to a UN-commissioned report published yesterday.

A UN fact-finding mission led by the South African judge Richard Goldstone said Israel should face prosecution by the International Criminal Court unless it opened independent investigations of what the report said were repeated violations of international law, “possible war crimes and crimes against humanity” during the operation.

Using by far the strongest language of any of the numerous reports criticizing Operation Cast Lead, the UN mission, which interviewed victims, witnesses and others in Gaza and Geneva this summer, says that, while Israel had portrayed the war as self-defense in response to Hamas rocket attacks, it “considers the plan to have been directed, at least in part, at a different target: the people of Gaza as a whole.

“In this respect the operations were in furtherance of an overall policy aimed at punishing the Gaza population for its resilience and for its apparent support for Hamas, and possibly with the intent of forcing a change in such support,” the report said.

The 575-page document presented to yesterday’s session of the UN Human Rights Council in Geneva was swiftly denounced by Israel. The foreign ministry spokesman Yigal Palmor said the UN mission had “dealt a huge blow to governments seeking to defend their citizens from terror”, and that its conclusions were “so disconnected with realities on the ground that one cannot but wonder on which planet was the Gaza Strip they visited”.

The Gaza war began on 27 December 2008 and ended on 18 January 2009.

The UN report found that the statements of military and political leaders in Israel before and during the operation indicated that they intended the use of “disproportionate force”, aimed not only at the enemy but also at the “supporting infrastructure”. The mission adds: “In practice this appears to have meant the civilian population.”

The mission also had harsh conclusions about Hamas and other armed groups, acknowledging that rocket and mortar attacks have caused terror in southern Israel, and saying that, where such attacks were launched into civilians areas, they would “constitute war crimes” and “may amount to crimes against humanity”.

It also condemned the extrajudicial killings, detention and ill-treatment of Palestinian detainees by the Hamas regime in Gaza – as well as by the Palestinian Authority in the West Bank – and called for the release on humanitarian grounds of Gilad Shalit, the Israeli corporal abducted by Gaza militants in June 2006.

While the Israeli government refused to co-operate with the inquiry – or allow the UN team into Israel – on the ground that the team would be”one-sided”, Corporal Shalit’s father, Noam, was among those Israeli citizens who flew to Geneva to give evidence.

That said, the greater part of the report – and its strongest language – is reserved for Israel’s conduct during the operation. Apart from the unprecedented death toll, the report says that “the destruction of food supply installations, water sanitation systems, concrete factories and residential houses was the result of a systematic policy by the Israeli armed forces”. The purpose was not to avert a military threat, but “to make the daily process of living and dignified living more difficult for the civilian population”.

The report also says that vandalism of houses by some soldiers and “the graffiti on the walls, the obscenities and often racist slogans constituted an overall image of humiliation and dehumanization of the Palestinian population”.

Amid a detailed examination of most of the major incidents of the war – albeit one carried out five months after it took place – it says that:

* The first bombing attack on Day One of the operation, when children were going home from school, “appears to have been calculated to cause the greatest disruption and widespread panic”.

* The firing of white phosphorus shells at the UN Relief and Works Agency compound was “compounded by reckless regard of the consequences”, and the use of high explosive artillery at the al-Quds hospitals were violations of Articles 18 and 19 of the Geneva Convention. It says that warnings issued by Israel to the civilian population “cannot be considered as sufficiently effective” under the convention.

* On the attack in the vicinity of the al-Fakhoura school where at least 35 Palestinians were killed, Israeli forces launched an attack where a “reasonable commander” would have considered military advantage was outweighed by the risk to civilian life. Under Article 6 of the International Covenant on Civil and Political Rights (ICCPR), the civilians had their right to life forfeited. And while some of the 99 policemen killed in incidents surveyed by the team may have been members of armed groups, others who were not also had their right to life violated.

* The inquiry team also says that a number of Palestinians were used as human shields – itself a violation of the ICCPR – including Majdi Abed Rabbo, whose complaints about being so used were first aired in The Independent. The report asserts that the use of human shields constitutes a “war crime under the Rome statute of the International Criminal Court”.

11-40

Padilla vs. Yoo: An Update

July 23, 2009 by · 1 Comment 

By Jacob G. Hornberger

Editor’s note:  John Yoo is the Bush administration attorney who provided the fundamental intellectual basis for the torture programs of the Bush administration.  Because of his memos the Geneva Conventions, to which the United States is a signatory, were not applied to prisoners captured after 9/11.  Because of Yoo’s work, nor were those prisoners able to avail themselves of the benefits of American law.  Because of the Orwellian legal procedures the Yoo doctrine attempted to justify, Guantanamo legal proceedings became absolute disgraces to the American system of law–in fact, even communist courts would have been disgraced by the nonsense that passed for legal proceedings under Bush, Cheney, and Yoo–defendants were prevented from hearing the very grounds for their own imprisonment, because such grounds were “classified.” 

Because of Yoo’s memos, those prisoners were subjected deliberately to whatever cruel and unusual punishments Mr. Yoo and his cohorts were able to conjure up–Mr. Yoo argued that all of this was acceptable. 

The continued prominence of Mr. Yoo is convincing evidence that in fact there is no rule of law in the United States, that the constitution is now trampled upon, controlled by the highest bidders and the cheapest arguments of dictators and totalitarian scum, it was the unwilling witness of the heroically despotic abuses committed underneath it by Yoo and his ilk.  We hope that it faces a more dignified future under the watchful eyes of people who are more than mere parrots to repeat the protections it offers while simultaneously eviscerating its meaning, unconscious of the blood on their hands and the screams of those they oppress while mouthing the multisyllabic shibboleths of Constitutional freedoms.

There are two interesting developments in Jose Padilla’s lawsuit against former Justice Department lawyer John Yoo, who was one of the authors of the infamous torture memos.

First, the Justice Department is no longer defending Yoo in the case. He will now be represented by a private attorney, paid for by the Justice Department.

Second, Yoo is appealing the ruling of the federal district court denying his motion to dismiss Padilla’s case.
A motion to dismiss requests the court to summarily dismiss the plaintiff’s case without hearing any evidence. The motion essentially says: “Even if you accept as true everything the plaintiff is saying in his petition, he is not entitled to win as a matter of law.”
Generally, courts are loath to summarily dismiss cases brought by litigants. The general rule is that everyone is entitled to the opportunity to prove his case.
Thus, in ruling on a motion to dismiss, the court will accept as true everything that is stated in the plaintiff’s petition. If such facts, if later proved, can support a legal case against the defendant, the court will deny the motion to dismiss.
Can a defendant appeal a motion to dismiss? The general rule is no because the courts frown on interlocutory appeals, that is, appeals that are taken before a case has been finally resolved. Since a denial of a motion to dismiss is not a final resolution of the case (because the case is allowed to continue forward), the general rule is that an appeal cannot be taken from it.
So, why would Yoo be taking an appeal at this stage? My hunch is that he, along with a lot of other people in the Bush administration, are panicked over the judge’s ruling and are now looking for every way possible to delay the continuation of the suit.
Why? Because Padilla’s lawsuit provides the means by which Yoo and other Bush administration people can be forced to testify under oath in a federal court proceeding as to exactly what went on in the so-called war on terror.
Except for Padilla’s case, giving sworn testimony is something the Bush people could easily succeed in avoiding, given congressional apathy toward an official investigation and executive branch opposition to criminal prosecutions.
Why is Padilla’s lawsuit important? Because the ultimate ruling in the case will apply not just to him but also to all Americans. The suit alleges that the U.S. government took Padilla into custody and held him for several years without charge, until finally indicting him and convicting him in federal district court of the federal crime of terrorism. For years prior to the indictment, Padilla was held in the custody of the U.S. military, where he was denied right to counsel, the right to due process of law, the right to bail, the right to a speedy trial, the right to a jury trial, and other procedural protections guaranteed by the Bill of Rights. He was also subjected to torture, sensory deprivation, isolation, sleep deprivation, and many other cruel and unusual pre-trial measures.
The government takes the position that it had the legitimate authority to do these things to Padilla and that it, in fact, has the legitimate authority to do them to every other American, as part of its “war on terrorism.” Yoo is saying that as a government lawyer who was just delivering legal opinions, he is immune from Padilla’s suit.
The district judge disagreed. He held that the U.S. government lacks constitutional authority to subject the American people to such treatment and that any lawyer who knowingly participates in a scheme to subject Americans to such mistreatment is not immune from suit.
Given the predilection of the courts against interlocutory appeals, in my opinion the Court of Appeals will quickly rule against Yoo’s appeal, enabling Padilla to continue with his case and begin taking sworn depositions. That will be when things start to get interesting.

US-AFGHANISTAN: Group Seeks Probe of Mass Graves

July 23, 2009 by · Leave a Comment 

By William Fisher

2009-07-22T115607Z_01_SZH08_RTRMDNP_3_AFGHANISTAN

A U.S. soldier secures the area around a school, which will host a local election committee on the upcoming presidential election, in the village of Dadu-Khel in Logar Province in Afghanistan 7/22/09.  

REUTERS/Shamil Zhumatov

NEW YORK, Jul 17 (IPS) – A prominent human rights group is calling on the U.S. Department of Justice to investigate why the administration of former President George W. Bush blocked three different probes into war crimes in Afghanistan where as many as 2,000 surrendered Taliban fighters were reportedly suffocated in container trucks and then buried in a mass grave by Afghan forces operating jointly with U.S. forces.

The Boston-based Physicians for Human Rights (PHR), which discovered the mass gravesite in 2002, has issued the call for the criminal probe. The organisation says U.S. government documents it has obtained show that the bodies were reportedly buried in mass graves in the Dasht-e-Leili desert near Sheberghan, Afghanistan.

It charges that Afghan warlord General Abdul Rashid Dostum, who it says was on the payroll of the U.S. Central Intelligence Agency (CIA), was responsible for the 2001 massacre at a prison run by the general’s forces near the town of Shibarghan.

“Physicians for Human Rights went to investigate inhumane conditions at a prison in northern Afghanistan, but what we found was much worse,” stated Susannah Sirkin, PHR’s deputy director.

“Our researchers documented an apparent mass grave site with reportedly thousands of bodies of captured prisoners who were suffocated to death in trucks. That was 2002; seven years later, we still seek answers about what exactly happened and who was involved,” she said.

PHR says senior Bush administration officials impeded investigations by the Federal Bureau of Investigation (FBI), and the State and Defence departments, and apparently never conducted a full inquiry. The New York Times made the disclosure earlier this month in a story by Pulitzer Prize-winning reporter James Risen.

Subsequently, President Barack Obama told CNN’s Anderson Cooper that he has directed his national security team to look into the alleged massacre. Obama said the government needs to find out whether actions by the U.S. contributed to possible war crimes.

“The Bush administration’s disregard for the rule of law and the Geneva Conventions led to torture of prisoners in Guantánamo and many other secret places,” noted Nathaniel Raymond, PHR’s lead researcher on Dasht-e-Leili.

“Contrary to the legal opinions of the previous Department of Justice, the principles of the Geneva Conventions are non-negotiable, as is their enforcement. President Obama must open a full and transparent criminal probe and prosecute any U.S. officials found to have broken the law,” he said.

“The State Department’s statement to the New York Times that suspected war crimes should be thoroughly investigated indicates a move towards full accountability,” added Raymond. “We stand ready to aid the U.S. government in investigating this massacre. It is time for the cover-up to end.”

PHR reiterated its call to the government of Afghanistan, which has jurisdiction over the alleged mass grave site, to secure the area with the assistance of ISAF (International Security Assistance Force-Afghanistan), protect witnesses to the initial incident and the ensuing tampering, and ensure a full investigation of remaining evidence at the site, including the tracing of the substantial amount of soil that appears to have been removed in 2006.

“Gravesites have been tampered with, evidence has been destroyed, and witnesses have been tortured and killed,” PHR said. “The Dasht-e-Leili mass gravesite must finally be secured, all surviving witnesses must be protected, and the government of Afghanistan, in coordination with the U.N. and NATO (North Atlantic Treaty Organisation), must at last allow a full investigation to go forward.”

PHR charged that U.S. officials have been reluctant to pursue an investigation – sought by officials from the FBI, the State Department, the Red Cross and human rights groups – because the warlord, Gen. Abdul Rashid Dostum, was on the payroll of the CIA and his militia worked closely with U.S. Special Forces in 2001.

The group said the United States also worried about undermining the U.S.-supported government of President Hamid Karzai, in which General Dostum had served as a defence official.

“At the White House, nobody said no to an investigation, but nobody ever said yes, either,” said Pierre Prosper, the former U.S. ambassador for war crimes issues. “The first reaction of everybody there was, ‘Oh, this is a sensitive issue; this is a touchy issue politically’.”

PHR’s Raymond, who is head of the organisation’s Campaign Against Torture, told IPS that President Obama’s statement was welcome.

But, he added, “The president’s rhetoric must be matched by urgent action. He needs to pressure President Karzai to secure the mass graves site, protect witnesses and make sure that U.S.-led military forces and the United Nations in Afghanistan protect all evidence of the crimes.”

The New York Times reported that the U.S. has put pressure on Afghan officials not to reappoint General Dostum reappointment as military chief of staff to the Afghan president.

General Dostum has previously claimed that any deaths of the Taliban prisoners were unintentional. He has said that only 200 prisoners died and blamed combat wounds and disease for most of the fatalities.

The first calls for an investigation came from PHR and the International Committee of the Red Cross. A military commander in the United States-led coalition rejected a request by a Red Cross official for an inquiry in late 2001, according to the official, who, in keeping with his organisation’s policy, would speak only on condition of anonymity and declined to identify the commander.

Subsequently, PHR asked the Defence Department to investigate the alleged massacre, but no action was taken. PHR says the prisoner deaths came up in a conversation with Paul D. Wolfowitz, the deputy secretary of defence at the time, in early 2003.

“Somebody mentioned Dostum and the story about the containers and the possibility that this was a war crime. And Wolfowitz said we are not going to be going after him for that,” according to the group.

11-31

Iran Says to Free 100 More People Held in Unrest

July 9, 2009 by · Leave a Comment 

By Fredrik Dahl

TEHRAN (Reuters) – Two thirds of people detained during post-election unrest in Tehran last month have already been freed and another 100 will soon be released, Iran’s police chief was quoted as saying on Wednesday.

“One hundred more will be released in the next two days,” state broadcaster IRIB quoted Esmail Ahmadi-Moghaddam as saying in the northwestern city of Qazvin.

The same official last week said 1,032 people were detained in the capital following the disputed June 12 presidential election, but that most had since been let go.

Official results of the vote showing hardline President Mahmoud Ahmadinejad had won by a landslide triggered days of mass street protests by supporters of defeated candidate Mirhossein Mousavi, a moderate who says the election was rigged.

State media say at least 20 people were killed as protesters clashed with riot police and members of the Basij militia. The authorities and Mousavi blame each other for the bloodshed. Hardliners have called for Mousavi to be put on trial.

Rights activists have said 2,000 detained during the vote’s turbulent aftermath may still be held across Iran, including leading reformers, academics, journalists and students.

But a reformist member of parliament quoted Iran’s general prosecutor as saying 2,000 out of 2,500 detained had been freed and that the remaining cases would be referred to the judiciary.

The MP, Mohammadreza Tadesh, was quoted by a reformist website as making the statement on Wednesday after a meeting with the prosecutor, Ghorbanali Dorri-Najafabadi.

Mousavi has demanded the release of “children of the revolution,” referring to many detained establishment figures.

They include a former vice president and other former officials who held senior positions during the 1997-2005 presidency of Mohammad Khatami, who backed Mousavi’s campaign.

The authorities accuse the West, particularly the United States and Britain, of inciting unrest in the Islamic Republic following the election, which led to the most widespread street protests in Iran since the 1979 Islamic revolution.

Security forces quelled the demonstrations but Mousavi and allies have refused to back down, saying Ahmadinejad’s next government would be illegitimate.

The authorities reject vote rigging allegations. Ahmadinejad said on Tuesday it had been the world’s “freest” election.

Iran’s main moderate party, Islamic Iran’s Participation Front, called on Wednesday for the immediate release of its detained members and other people arrested because of their activities in support of moderate candidates in the election.

In a statement on its website, it expressed deep concern about the health situation of some of those held.

“Whatever happens to them, those who in the name of law and sharia arrested them will be responsible,” the party said.

The Kargozaran party, seen as close to former President Akbar Hashemi Rafsanjani, earlier this week also called for the release of those detained and rejected the election result.

In Geneva, six U.N. human rights experts sought permission to visit Iran, saying they were concerned that political opponents of Ahmadinejad were continuing to be targeted.

“The legal basis for the arrests of journalists, human rights defenders, opposition supporters and scores of demonstrators remains unclear,” they said in a joint statement.

“Freedom of expression and peaceful assembly continue to be undermined and the situation of human rights defenders is increasingly precarious,” the statement said.

(Additional reporting by Geneva bureau; Editing by Myra MacDonald)

11-29

“Sailing to Byzantium”

November 20, 2008 by · Leave a Comment 

By Geoffrey Cook, MMNS

2008-11-07T182600Z_01_CYP03_RTRMDNP_3_GAZA-POLITICIANS

International activists depart for Gaza from Larnaca November 7, 2008. Eleven European politicians sailed to Gaza from Cyprus on Friday after saying attempts to get into the impoverished enclave via Egypt failed. 

REUTERS/ Andreas Manolis

Paul Laudree’s Report on running the Israeli Blockade into Gaza with Relief Packets.

Sunnyvale, California–November 13th–The UN had to end its food distribution due to the lack of security since Hamas (Gaza’s ruling Party) broke their fragile cease-fire with Tel Aviv by shooting their longest-range missiles towards the far Jewish Settlements.  The New York/Geneva Organization found it impossible to ensue with their impossible assignment delivering their humanitarian duty under such anarchistic conditions.  As I wind down my Gazan story on Monday night, the missiles are still raining on Israeli territory (17th) while the IDF (Israeli Defense Force) respond with precision strikes against the Palestinian Republic with the most technically advanced American fighter-plane technology!

Given that I had told the story of a small town on the West Bank last week, I intended to hold this piece for at least a week, but circumstances have overtaken this journalist!

I usually do not follow a strict interview format within my articles, but I had an opportunity to do so with Laudree.  Initially, I asked him about the current crisis, and how it may resolve itself.  He replied that when the Israelis blockade Gaza by land, they typically back down over a realistic period of time, and he expects this will be the case over this confrontation.  It is happening now because “Israel desires to utilize collective punishment” — an action that violates the Geneva Conventions.  Dr. Laudree continued that “The Israelis fail[ed] to weaken Hamas.  [What they have accomplished] is to marginalize the Palestinians [there], and to make them wretched.”

“The Question becomes what shall We do about it?”

He felt that his project (of relief boats) had little practical affect, but produced an enormous sociological re-enforcement to the citizens of the enclave, or in Paul Laudree own words, “It was more symbolic than substantive, but we intend to extend [our efforts more into practicable significant assistance.]…” The Doctor Laudree did berate the traditional assistance agencies for their failure to offer respite to the inhabitants (that gets us back to the U.N.’s recent decision).

In his venture in which he was one of the primary founders and strategists, he was able to put together good-sized ships that sailed from Cyprus to dock at the very difficult man-made harbor in Gaza that was primarily created for fishing ships.  Paul’s three crafts — plus now one leased vessel (i.e., four in all at the moment) – are the size of large trawlers.  The pilot has to make careful maneuvers into the harbor to docket it.  The depth of the harbor is three and one half to four meters, but it can be dredged to a full eight meters.  During the first voyage two boats were able to make it through to landing!  Subsequently, two more aid voyages of one liner each were able to race Israel’s Navy to provide much sought for supplies to this beleaguered enslaved nation!

Laudree clarified that Israel “threaten to stop – not sink – their cruisers.”  Yet, leaders within the endeavor personally received anonymous intimidation.  Paul Laudee himself received a publicly pronounced threat by a pseudo-blog-scribe.

“We need to change the lives of the Palestinian public – especially in transport!  Palestinians have the right to move about their own land, and to travel abroad which is enshrined in the U.N. Charter!” Yet, “Israel not only controls their own borders, but those of the Palestinians as well!”  Gaza is different because it borders both Egypt and Israel.  “We wish to take advantage of that fact.”  So far Tel Aviv has permitted us to employ the sea lanes since the commodities we deliver are not perceived as a security threat.

10-48

Community News (V10-I31)

July 24, 2008 by · Leave a Comment 

Asif Chaudhry appointed US envoy to Moldova

WASHINGTON, D.C.—A Pakistan born agricultural economist has been appointed as the new American envoy to Moldova. Asif Chaudhry will take over the charge as Ambassador Extraordinary and Plenipotentiary to the Republic of Moldova from August, the Pakistan Post reported.

In an interview with the journal, Chaudhry said he was the first Pakistani appointed as United States’ ambassador to another country on merit, and was proud to be the first Pakistani-American to take oath on Holy Quran.  

Dr.Chaudhry, a member of the US Foreign Service, was born and raised in a farming family in a small village in Pakistan, Mr.Chaudhry completed his Bachelor’s degree in Economics and Political Science from the University of Punjab in Lahore, Pakistan, before going on to the American University of Beirut, Lebanon for a Master’s degree in Agricultural Economics. He completed a PhD in Agricultural Economics from Washington State University, Pullman Washington, and had a brief stint as Assistant Professor of Economics at Montana State University, Bozeman Montana, before joining FAS.

Mr. Chaudhry’s language skills include Russian, Urdu, Punjabi, Arabic, and Polish. He is an avid squash player. He is married to  Charla Chaudhry and they have two sons and a daughter.

He has also served as the Assistant to the General Sales Manager (GSM)in FAS Washington from 1999-2002, and was the GSM’s principal advisor on USDA commodity assistance programs for the Former Soviet Union and other Eastern European Countries. Prior to assuming this role in Washington, he served at the U.S. Embassy in Moscow during 1996-1999, where he was assigned as the Senior Agricultural Attaché and was promoted to the position of Agricultural Counselor after one year.

In his first overseas tour (1992-1995), Mr. Chaudhry served as the Agricultural Attaché in Warsaw, Poland overseeing the USDA assistance programs designed to help with the transformation of Poland to a post-Soviet free-market economy. He worked as a Marketing Specialist and an Agricultural Specialist in the Horticultural and Tropical Products Division of CMP prior to converting to Foreign Service and starting his overseas career.

Obama campaigns hires Muslim liaison

WASHINGTON D.C.—US presidential aspirant Barack Obama’s campaign has created a Muslim liaison to reach out to the community, the Politico website reported.

The website reports that the position will likely be filled by Haim Nawas, a Jordanian-American. She had worked in a similar capacity for the campaign of Gen.Wesley Clark in 2004.

Obama’s campaign did not confirm the report at print time.

An Obama aide told the Politico.com that the job had been created, but said the campaign had not made a final decision on who would fill it.

Former prison guard files discrimination lawsuit

CHICAGO, IL—A former guard at Kane County Jail in Illinois has a filed a federal lawsuit claiming that he lost his job because of his Muslim faith. Abal Zaidi worked for a six month period in 2006 as a correctional officer at the county jail located in Geneva.

He claims that he was fired after the new sheriff mandated that all office employees be clean shaven. Zaidi objected to the order because having it was “an expression of his Muslim practice and belief.”

He was initially asked to show the religious meaning of the beard but was never given the opportunity to do so.

Zaidi claims that he was fired despite having a flawless record and good performance reviews.

The one-count suit claims violation of the Civil Rights Act of 1964 and seeks a written apology from the sheriff’s department; all wages and benefits he would have received if not for the discrimination; compensatory damages; punitive damages; attorney fees; additional relief; and an unspecified amount of money.

Township assessor forwards anti-Muslim email

FRANKFORT, IL—An assessor with the Frankfort township in Illinois has forwarded an email containing vile anti-Islamic comments.

The e-mail, circulated last month, said America should follow the lead of Australia’s former prime minister John Howard, who said Muslims who want to live under Islamic Sharia law should get out of Australia.

“Once you are done complaining, whining, and griping about our flag, our pledge, our Christian beliefs or our way of life, I highly encourage you to take advantage of one other great Australian freedom, the right to leave,” the e-mail said, supposedly quoting Howard.

“Maybe if we circulate this amongst ourselves, American citizens will find the back bone to start speaking and voicing the same truths,” the e-mail continued. “If you agree, please send this on.”

The assessor did not respond to a request for comments.

10-31

US Prepares to Face UN on Torture as Amnesty Report Blasts ‘War Crimes’

May 4, 2006 by · Leave a Comment 

U.S. Prepares to Face U.N. on Torture as Amnesty Report blasts ‘War Crimes’

Courtesy Raw Story

As the US prepares a team of 30 to defend its record on torture before a U.N. committee, Amnesty International has made public a report blasting the US for failing to take appropriate steps to eradicate the use of torture at U.S. detention sites around the world.
US compliance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment will be the topic of May 5 and 8 U.N. hearings in Geneva.
The United States last appeared before the Committee Against Torture in May, 2000. Amnesty claims that practices criticized by the Committee six years ago — such as the use of electro-shock weapons and excessively harsh conditions in “super-maximum” security prisons — have been used and exported by U.S. forces abroad.

The Amnesty Report reviews several cases where U.S. detainees held in Afghanistan and Iraq have died as a result of torture. The group also lambastes U.S. use of electro-shock weapons, inhuman and degrading conditions of isolation in “super-max” security prisons and abuses against women in the prison system — including sexual abuse by male guards, shackling while pregnant and even in labor.

As of now, the U.S. has yet to prosecute a single official, military officer or private contractor for “torture” or “war crimes” related to its occupations of Iraq and Afghanistan, or the “war on terror.”

“The heaviest sentence imposed on anyone to date for a torture-related death while in U.S. custody is five months,” notes Curt Goering, Senior Deputy Executive Director for Amnesty International USA. “[That’s] the same sentence that you might receive in the U.S. for stealing a bicycle.”

The five month sentence resulted from the death of a 22-year-old taxi-driver, who had been hooded and chained to a ceiling, then kicked and beaten until dead.
“The U.S. government is not only failing to take steps to eradicate torture,” he adds, “it is actually creating a climate in which torture and other ill-treatment can flourish — including by trying to narrow the definition of torture.”

The report argues that these cases are not isolated incidents, but part of an overall pattern condoned by U.S. officials.

“While the government continues to try to claim that the abuse of detainees in U.S. custody was mainly due to a few ‘aberrant’ soldiers, there is clear evidence to the contrary,” said Javier Zuniga, Amnesty International’s Americas Program Director. “Most of the torture and ill-treatment stemmed directly from officially sanctioned procedures and policies — including interrogation techniques approved by Secretary of Defense Donald Rumsfeld.”
Amnesty’s findings have already been sent to members of the UN Committee Against Torture.
At its May 1-19 session, the Committee Against Torture will consider reports presented by Georgia, Guatemala, Republic of Korea, Qatar, Peru, Togo and the United States. With the exceptions of Korea and Peru, Amnesty has also provided reports about the actions of these nations. -