• Archive of "Military" Category

    Police Militarization: Fish Rot from the Head

    July 22, 2014 // 4 Comments »



    We were warned we might become this way.

    In the 1928 case of Olmsted v. The United States, at issue before the Supreme Court was whether the use of wiretapped private telephone conversations, obtained by federal agents without judicial approval and subsequently used as evidence, constituted a violation of the defendant’s rights under the Fourth and Fifth Amendments. In a 5-4 decision, the Court held that rights were not violated and the evidence obtained without a warrant could be used.

    In his dissent, Justice Louis Brandeis wrote:

    Decency, security and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law…


    Like Father, Like Son

    In an era where Big Government acts in open contempt of the rule of law, killing its own citizens without due process, torturing its people, recklessly spying on them and taking away their right to free speech, it is little surprise that Small Government seeks to do the same. Petty is what petty does. Much of this all manifests itself in the militarization of our police coupled with their criminalization of everything.

    Militarization of the Police

    There are too many examples of violence for even a short list: a defendant killed by police at his own trial; a lengthy and detailed report that found the Albuquerque, New Mexico Police Department engages in the practice of excessive force, including deadly force, in violation of the Fourth Amendment; a false-postive drug test leading to a SWAT assault on an innocent family; a baby burned into a coma by a flash-bang grenade thrown by another SWAT team in another unnecessasry home raid; a woman sexually assaulted by a cop in a courthouse who then arrested her for reporting it; LA sheriffs beating a chained inmate; cops choking a non-resisting drunk into unconsciousness; police blindsiding a woman with a nightstick at basketball celebration; police killing a 93 year old woman in her own home; cops tasering and beating a deaf man trying to communicate with them in sign lanaguage and on and on.

    Criminalization of Everything

    Concurrent with the increasing acts of unwarranted violence by police against the citizens they are sworn to protect and serve are attempts to criminalize as much behavior as possible, whether it represents any threat to society at large (long sentences for minor marijuana possession) or is simply an excuse to bust heads (not dispersing immediately equating to resisting arrest.)

    But here’s how it has morphed into even more, an assault on First Amendment rights. And even though the cops lost in some of the following cases, the pattern is too clear to ignore, too dark to high-five over a win.

    Flashing Lights

    Cops in multiple states– cases have been tried in Maryland, Florida, Tennessee, Missouri and Oregon– have arrested drivers for flashing their headlights. It is not uncommon for drivers to flash their lights at incoming traffic to warn of a police speed trap ahead. The result of the flashing is that incoming drivers slow down, precisely the real point of the law. Cops, however, claim the flashing lights are an interference with law enforcement.

    In the most recent case, in Oregon, a judge did find that motorists flashing their headlights amounts to speech protected by the First Amendment, similar to when people honk their horns to welcome home the troops. “The citation was clearly given to punish the Defendant for that expression,” the judge wrote. “The government certainly can and should enforce the traffic laws for the safety of all drivers on the road. However, the government cannot enforce the traffic laws, or any other laws, to punish drivers for their expressive conduct.”

    Videotaping the Police

    Reaching back to the 1992 Rodney King beating in Los Angeles, police have been caught on camera in a seemingly-endless-string of beatings. The typical pattern is that before the video is shown, the beaten person is accused of resisting arrest and the cops claim the violence they visited on him was unfortunate, but necessary and appropriate. Then the video comes to light and the brutality is revealed.

    So it is little surprise that the cops have tried to criminalize videotaping the cops. Evil only works well in the dark after all. A recent case in New Hampshire, however, may help forestall the dark a bit.

    A woman was following a friend’s car to his house when an officer pulled him over. From about 30 feet away, after getting out of her car, the woman announced she was going to audio-record the police stop of her friend. The cops arrested her and charged her with wiretapping, along with disobeying a police officer, obstructing a government official, and unlawful interception of oral communications. Though the woman was never prosecuted, she sued, alleging that her arrest constituted retaliatory prosecution in breach of her constitutional rights.

    An appeals court sent the case back to trial. The cops settled for $57,000 (using taxpayer money to pay off the suit; small change really. In 2012 Boston paid a citizen $170,000 in damages and legal fees to settle a civil rights lawsuit stemming from his felony arrest for videotaping police roughing up a suspect) before the case when to full trial, allowing for a minor victory albeit at the cost of not having a court declare war on the abuse of a citizen’s First Amendment rights.

    Another woman was not so successful. She was charged with using a mobile phone “hidden” in her purse to audio-record her own arrest. The cops charged her with wiretapping under Massachusetts law, which says people may record police officers only in public places, and only if the officers are aware that a recording is taking place.

    Bigger

    The ACLU asserts “since 9/11, a disturbing pattern of innocent individuals being harassed by the police for taking still and video photographs in public places has emerged across the country.” ACLU has a long list of specific cases.

    The ACLU also notes “Another disturbing trend is police officers and prosecutors using wiretapping statutes in certain states (such as Florida, Illinois, Maryland, Massachusetts, New Jersey and Pennsylvania) to arrest and prosecute those who attempt to record police activities using videocameras that include audio.”

    Again in Massachusetts, a woman who videotaped a cop beating a motorist with a flashlight posted the video online. Afterwards, one of the cops caught at the scene filed criminal wiretapping charges against her, though she was never prosecuted.

    There are many, many more examples of the criminalization of the First Amendment. Even when charges don’t stick, the act of being arrested, possibly mistreated, often serves the cops’ purpose.

    Fish rot from the head they say, and as Justice Louis Brandeis tried to warn us some 80 years ago. When the federal government claims itself exempt from the Constitution, don’t be surprised when your local cops say the same.













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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Edward Snowden is the Most Dangerous Man in America. Good.

    July 21, 2014 // 9 Comments »




    Oh yes, yes, Edward Snowden is clearly the most dangerous man in America.

    Speaking via video link (he uses Skype!) from Russia to the HopeX hackers’ conference in New York City July 19, Edward Snowden issued a call to arms to those present. Engineers, he said, “need to think now in adversarial terms to defeat government technical capabilities.” While the government now uses technology to shield themselves from accountability, software and hardware must “become a way to express our freedoms while protecting our freedoms.”

    Technology and Government

    Snowden went on to make a number of important points regarding the new relationship technology has created between the government and the people.

    – Technology now makes it possible to publish information without the government’s ability to stop it. While the photocopier was the “killer app” of Daniel Ellsberg’s day, Wikileaks and Snowden’s own revelations show the empowerment potential of technology. Snowden reminded the audience that when the government fears its people (as opposed to the inverse), that is democracy.

    – The value of masses of documents– evidence– cannot be understated because it cannot be ignored. Only mass evidence of NSA illegal spying “brought the president to the podium, and the people back to the table of government.”

    – Snowden noted his and other whistleblowers’ attempts to “go through channels” with their concerns, but cautioned “The American Revolution was not fought for the right to channels.”

    – Secret courts interpreting secret laws to issue secret findings carried out by secret agencies in secret defines much of our world today. The government through this “exploit chain” has shut us out from the process and policies that impact our lives.

    – Via his NSA revelations, we now know a new truth about our world, that who we love, who we spend time with, who we hate is now known by people who are not held accountable, not even by the full Congress.


    Encoding Our Rights

    Snowden’s most important points were part of a call to action for technologists. He emphasized encryption, while very important, only protects content (what is written in your emails) and not metadata (information about to whom you send emails, for example.) This means, encryption or not, everything you communicate is being measured and analyzed; the government is programmatically examining our lives, in bulk, creating layers of suspicion by association. And in that sense, metadata is not about you, or me, it is about us, the collective us, all Americans and all others around the world.

    In this sense, what the NSA is doing is perhaps greater, perhaps even worse, than “merely” listening in on what you say or reading what you write. They are, in a broader sense, creating a map of how every global citizen fits in with every other citizen. Pair that with whatever content is collected, and the NSA comes close to knowing everything.

    That is why, Snowden told the crowd, the next job for us all, and Snowden’s own future work, will be to encode our rights into our technology, to take away by our own hands and intellect what the government has learned to use against us.

    The key is to divorce the connection from the connector, i.e., create unattributable communications that destroy the government’s ability to collect and analyze metadata and run traffic analysis. Snowden gave the example of Tor, a secure enough networking tool. The big weakness of Tor is that the NSA can easily see that a computer has entered the Tor network, allowing them to otherwise easily target that computer, and, if possible, target the person associated with that computer. Same with someone who makes a call using the Verizon network. Divorcing the connection from the connector means cutting those links of association, forcing NSA to have to find some other means of targeting an individual or uncovering broader patterns.

    Whistleblowers

    A significant issue that holds many potential whistleblowers back is the risk of getting caught. Getting caught in this era means potentially life in prison, loss of family, loss of savings, loss of job and/or loss of status, position and identity. If technologists can lower the risk of getting caught, then that would likely make it more likely that more people would consider acts of patriotism and conscience. It is important that thousands (maybe hundred of thousands?) of people could have done what Snowden did, but only one man did it.

    Snowden then made one of his most chilling, and significant points, unexpectedly.

    He informed that crowd that there were almost certainly NSA operatives among them as he spoke. He explained that NSA has a budget just for sending people to hacker conferences, to see what they can learn, which people to look at further, and report back. Addressing those NSA people specifically, as well as the mass audience, Snowden challenged them directly to think about the world they wanted to live in, and then help build it.

    Comment

    Snowden just upped his game. In addition to his own work and revelations, he is now directing how others should proceed. He is combining technology and patriotism, whistleblowing and philosophy.

    The NSA may be right; Edward Snowden may be the most dangerous man (virtually) in America.

    Note: The presentation was built around a three-way discussion among Daniel Ellsberg, Trevor Timm and Ed Snowden. I’ve only reported on Snowden’s remarks, though seeing him interact with Ellsberg was like what I imagined being in the room would have been like when Bruce Springsteen met Pete Seeger.

    Here’s the full audio of the presentation if you’d like to listen.




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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Another Whistleblower Speaks Out: Air Force Contract Fraud

    July 18, 2014 // 16 Comments »




    Looking for a new hero? Meet former Air Force Lieutenant Colonel Tim Ferner, who exposed millions in U.S. government contract fraud, and paid the price for his patriotism.


    Contract Fraud with Your Money

    Tim Ferner blew the whistle on a contract-steering scam involving a middleman in Florida and an engineering company hired to develop anti-terrorism techniques.

    Tim Ferner suspected the scam in 2007 when his superiors at the Coalition and Irregular Warfare Center downplayed his concerns about how contracts were being doled out. Science Applications International Corporation (SAIC), received those contracts.

    Ferner tried to go through military channels to stop the fraud he witnessed, Instead of helping, his superiors made his life difficult, even threatening to deploy him to Afghanistan while he was undergoing cancer treatment. Ultimately, he was fired from his job as Chief of Staff for the Coalition and Irregular Warfare Center at Nellis Air Force Base and relegated to a menial position. With channels closed off and retaliation underway, the case went to court.

    Settlements

    SAIC and the government reached a settlement. The Department of Justice went to pains to note the settlement contained “allegations only and there has been no determination of liability.” However, SAIC agreed to pay the government $5.75 million to resolve allegations it circumvented the bidding process to obtain lucrative contracts.

    Ferner’s lawyers claimed the alleged scam was facilitated by a civilian middleman who “claimed to be a high-ranking government official who had authority to bypass the bidding process, none of which was true.” Ferner himself “was alarmed that his military supervisors condoned and wanted to cover up the violation.”

    And hey, small world: SAIC around the same time also paid the government $11.75 million to settle allegations it charged inflated prices for another, unrealted, contract.

    EXCLUSIVE: Ferner Recounts His Whistleblowing

    Ferner received a nice financial award under the False Claims Act, and left the U.S. for New Zealand. In an exclusive, he speaks out on his own experience as a whistleblower, with some hard words for America about how its government works:

    Exactly one year after my whistle-blowing case became public, I’m looking back and wondering: “What the hell was I thinking?” Like many whistleblowers, my allegations were validated; I was vindicated but nobody was ever held accountable. So actually, what was accomplished?

    My case pales in comparison to others working in the government who have come across really bad people doing horrendous things. All across America there are thousands of regular people, brave men and women who happen upon malfeasance. These people had the courage and conviction to do the right thing and report it. Why? Like myself, these people did the right thing because honor and integrity are the core essence of who they are. Unfortunately, honesty, integrity and dedication to professionalism are dying traits across America and individuals who demonstrate these qualities are punished, especially those who work within the government sector.

    I’ve always felt that as a member of the United States military it was an honor and privilege to serve a great nation. And that, in addition to my legal obligations, I had a moral obligation to ensure that the monies the American people paid were spent in the most effective and efficient manner. I always treated government monies the same as my own personal money and spent it judiciously. Unfortunately, other military members and government employees don’t hold the same view. Consequently, millions and millions of taxpayers’ dollars are wasted needlessly. Like thousands of other whistle-blowers working for the government, I found out what happens when you have the audacity to call them out on fraud, waste and abuse and try and hold people accountable.

    The terrorist attacks that occurred on 9/11 changed our country in many ways. People don’t recognize that it’s changed the way the government provides safety and security to the people. The government embraced contractors to provide security in keeping America safe. We seem to be safer but at what cost? This decision has transformed the governmental contracting process into something akin to a gigantic hog’s trough. The government pours an endless supply of money into the trough and the contractors continue to “belly up” and feed totally unchecked. The government provides little oversight over monies spent and a fearful public doesn’t care so long as they think they are safe.

    Consequently, unscrupulous individuals continue to line their pockets at our expense. Even when they are caught, the government does nothing and seemingly doesn’t care. Contractors pay huge fines under the auspices of “avoiding the costs of protracted litigation” while the individuals involved plead to lesser charges in exchange for working with prosecutors. The fraud, waste and abuse is so prevalent that this ridiculous cycle is the only way to keep it in check. The “Justice System” is devoid of any justice or accountability; it’s solely a process designed to make it look like something is being done.

    I uncovered in excess of $42 million in fraud. Despite this, nobody has been prosecuted or held accountable. Like so many other contractors, a multimillion dollar settlement was paid to the government to “costly, protracted litigation.” The individual operating as the “middleman” was ultimately found to be liable for $42 million. Despite this, he negotiated this down and paid a fine of $105,000 in exchange for providing assistance to the government in “ongoing investigations.” Amazingly, all these people still have security clearances and still work as a contractors for the government. What message does this send about the government’s commitment to honesty and integrity in the contracting community?

    The Air Force officers responsible for overseeing the programs involved in the fraud all walked away with no repercussions to their careers. The taxpayers paid a lot of money to some very senior officers to not be held accountable. A sad commentary that in today’s Air Force, the moral fibre of the command environment is so fetid that it views fraud as a normal cost of doing business. Nice to know the senior leaders who are deciding the fate of your sons and daughters get that privilege given their lack of morality. How can we expect them to make an appropriate decision on the sanctity of life when they lack the morality to decide simple things like what’s right and wrong concerning contract fraud? Aren’t the military supposed to be above the pettiness of politics? Or has the military just become another breeding ground for the dysfunctional politicians that now stymie our political system? Given the fiscal state of the country people should be outraged!

    Like so many other whistle-blowers; I know in my heart I did the right thing in reporting the fraud. And again, like so many other whistle-blowers I was the only one who paid a price throughout the ordeal. Ostracised, targeted and ultimately punished because I had the audacity to believe we the people deserve better. When are we going to start holding people accountable? Like other whistleblowers; I’ve done my part. Everybody needs to do their part. It’s hard for others to look at maleficence in government and report it when they see how whistleblowers are treated but more needs to be done.

    I hope you never find yourself in the unenviable position of being a whistleblower; and I mean that. Yeah, I got a nice settlement for my troubles as a whistleblower but that’s not why I did it. I did it because it was the right thing to do. Knowing what I know now, I’m still looking back thinking; “What the hell was I thinking?”






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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    On the Alex Jones Show: Ghosts of Tom Joad, Iraq and More

    July 11, 2014 // 5 Comments »



    I again join the Alex Jones Show, with guest host Dave Knight, to discuss the devolving situation in Iraq, and my new book Ghosts of Tom Joad. My portion of the show begins about two hours and eight minutes in, so feel free to fast forward to the good stuff below, or jump right to it with this link.










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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Iraq: What They Died For

    July 4, 2014 // 13 Comments »

    FOB Hammer


    Over this July 4th weekend, and as I see the images of Iraq’s unfolding civil war, sometimes I think I even recognize a place I had been, having spent a year in the midst of America’s Occupation there, 2009-2010. I was a State Department civilian, embedded with an Army brigade of some 3000 men and women far from the embassy and the pronouncements of victory and whatever bright lights Iraq might have had. I grow weary now of hearing people talk about America’s sacrifices, our investment, the need for more troops or air strikes, our blood and treasure spent to free Iraq, or whatever it was we were supposed to have gone there to do.

    So many people say those things. But before another one says another thing, I wish they could have seen what I saw in Iraq. This.


    I

    Private First Class (PFC) Brian Edward Hutson (name changed), in Iraq, put the barrel of his M-4 assault rifle into his mouth, with the weapon set for a three-round burst, and blew out the back of his skull. He was college- aged but had not gone and would never go to college. Notice appeared in the newspapers a week after his death, listed as “non-combat related.” Of the 4,486 American military deaths in Iraq, 911 were considered “non-combat related,” that is, non-accidents, suicides. In 2010, as in 2009, the years I was in Iraq with PFC Hutson, more soldiers died by their own hand than in combat. Mental disorders in those years outpaced injuries as a cause for hospitalization. The Army reported a record number of suicides in a single month for June 2010. Thirty- two soldiers in all, more than one a day for the whole month, around the time PFC Hutson took his life.

    The M-4 rifle PFC Hutson used to kill himself, successor to the M-16 of Vietnam fame, allows the shooter, with the flip of a switch, to choose to fire one bullet per trigger pull or three. Nobody knows whether PFC Hutson spent a long time or no time with the rifle barrel in his mouth, but he must have really wanted to be dead, because he chose three shots. The bullets exploded through his brain in sequence. He left his toilet kit in the shower trailer. He still had Clearasil in the bag. Rumor was he’d had trouble sleeping. I didn’t know him.

    I heard about his death at breakfast and walked over to his sleeping trailer along with some others. I took a quick look inside and saw the fan spray of blood and brain on the wall, already being washed off by the Bangladeshi contractor cleaning crew KBR had brought to Iraq for the war. The bleach solution they used was smearing more than cleaning, and the Bangladeshis had little stomach to wring out the mop heads all that often. Blood like this smells coppery. Even if you’d never smelled pooled blood before, you didn’t have to learn what it was, you already knew something was wrong in this place, this trailer, this Iraq.

    Death does not redeem or disgrace. It is just a mess and no one who deals with it thinks otherwise. Don’t ask poets or pastors, because they do not know that pieces of people still look a lot like people and that extreme violence leaves bodies looking nothing like the bodies you see in open caskets or on TV. In Iraq I saw a girl crushed when a wall collapsed, her face looking like a Halloween pumpkin a few days too late. There was a drowned man in an irrigation ditch, gray and bloated, no eyes. Fish had nibbled them. You saw that stuff in Iraq. It was how war works.

    A week before Hutson’s suicide, another soldier lost his life. This soldier, a turret gunner, was killed when his vehicle unsuccessfully tried to pass at thirty-five miles per hour under a too-low bridge. The Army counted deaths by accident as “combat deaths,” while suicides were not. Under a policy followed by George W. Bush and in part by Barack Obama, the families of suicides did not receive a condolence letter from the President. Suicides do not pertain to freedom. They died of the war, but not in the war.


    II
    But if distinctions between causes of death were made at the Pentagon, that was not the case on the ground in Iraq. The death of any soldier reverberated through the base This was, after all, a small town, and nobody was left untouched. The comfort of ritual stood in for public expressions of actual feelings, which were kept private and close. And the ritual prescribed by regulation was the same, whether the death
    was by suicide or in combat. The chapel had rows of chairs set up, much as it would in Hamilton, Ohio, or Marietta, Georgia for a wedding, only at the front of the room was a wooden box, made and brought to Iraq for this purpose, with holes for the US and the unit flag and a slot to stand the deceased’s rifle.

    The remains of the deceased were likely already on their way home and not with us. This was not for PFC Hutson anyway, it was for us. The box holding the flags was made of plywood, stained and varnished like paneling, and reminded everyone of a B+ high school wood shop project. The dead man’s boots stood on either side of the rifle, with his helmet on top. It was fitting no one had cleaned the boots, because the presence of the dust and dirt wiped away a lot of the standardization of the ritual. Before the event started, the hum in the room was about future meetings, upcoming operations, food in the chow hall, the workaday talk of soldiers.

    There was a program, done up on a word processor, with the official Army photo of the deceased, wearing a clean uniform, posed in front of an American flag— young, so young, you could see a few red pockmarks on the side of his face, a chicken pox scar on his forehead. All these photos showed a vacant stare, same as every high school graduation photo. The printed program was standard fare— some speeches, the chaplain leading the 23rd Psalm, and a final good-bye.

    The speeches were strained because the senior officers who feel it important to speak at these events rarely knew, or could know among the many troops under them, the deceased. As with every other briefing they gave, the officers read words someone else wrote for them to give the impression of authority and familiarity. The dead man’s job had something minor to do with radios and most present couldn’t say much beyond that. The eulogy thus rang a bit hollow, but you reminded yourself that the words were not necessarily intended for you alone and that the Colonel may not have been the best man for the job. He was a responsible man, trying hard to do something impossible, and he probably felt bad for his lack of conviction. He did understand more of why we were all here, in Iraq, and that a task had to be done, and that he need not be
    Pericles or Lincoln to do a decent job of it.

    The last speaker was by tradition someone acquainted personally with the deceased, a friend if one could be found, a junior leader or coworker if not. In today’s ceremony, things were especially awkward. The dead man had taken his life and had done so after only a few months in the Army and even less time at this forward operating base in Iraq. Nobody really had befriended him, and this being the third suicide on the base made the whole thing especially grim. The ceremony felt rushed, like an over-rehearsed school play where the best performance had taken place the night before. Not a surprise really; many of the soldiers present were not long from their high schools.

    The Army is a simple organization, a vast group of disparate people who come together for their own reasons, live in austere conditions, and exist to commit violence under bewildering circumstances. These ceremonies were how the Army healed itself, left alone in the desert with only a vague idea why any of us were there in a war that had already been going on for seven years. Some of the soldiers in the chapel were eleven years old when the Iraq war started, nine years old when 9/11 happened. This is how wars work.

    But sometimes things surprised you, maybe because of low expectations, maybe because every once in a while somebody stood up and said just what needed to be said. A young Captain rose without notes. “I was his team leader but I never really knew him. Brian was new here. He didn’t have no nickname and he didn’t spend much time with us. He played Xbox a lot. We don’t know why he committed suicide. We miss him anyway because he was one of us. That’s all I have to say.”

    The word that raised the sentence beyond simple declaration was “anyway.” It was important to believe we all meant something to one another because we were part of this. When it rained, we all got wet. We could hate the war, hate the president, hate the Iraqis, and we did, but we could not hate one another.


    III
    A longer occupation, more troops, air strikes or anything else won’t bring PFC Hutson back. He– we– will never know what he died for, but we can say with certainty what he did not die for. He did not die for freedom, he did not die for WMDs, he did not die for a politician’s re-election. Like the 4500 Americans and uncounted Iraqis who died, and continue to die, he died for a mistake. Wars work like that, cost like that.

    The ceremony for PFC Hutson that day ended with the senior enlisted person calling the roll for the dead man’s unit. Each member answered, “Here, Sergeant Major” after his name was called. That was until the name called was the dead man’s. “Brian Hutson?” Silence. “Brian E. Hutson?” Silence. “Private First Class Brian Edward Hutson?” Silence. Brian was not there and almost none of us had known him but yes, today, at this place, we all missed him anyway.

    The above is based in part on an excerpt from Peter Van Buren’s book about his year of the Iraq War, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People (American Empire Project). The story is true, thought the name of the deceased has been changed.



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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    The Case Against U.S.-Arms Sales (and Iraq)

    July 2, 2014 // 10 Comments »




    Professor of Economics at the Mercatus Center at George Mason University Chris Coyne (whose excellent book, Doing Bad by Doing Good: Why Humanitarian Action Fails was reviewed on this blog) and Abigail R. Hall, a second year Mercatus PhD Fellow, have come up with original research that shows the dangers of America’s unfettered global arms sales:

    – Policymakers cannot know the outcome of supplying new arms in an attempt to influence foreign affairs in one manner or another because there are a series of unpredictable consequences that emerge from any single intervention in a complex system.

    – It is nearly impossible for the U.S. government to monitor how arms it has sold for a particular purpose are latery used or transferred. These weapons may ultimately be used to achieve ends which may be at odds with the original goal.

    – An expansion in the global arms market creates new profit opportunities funded by international political entities leading domestic arms producers to direct additional resources to lobbying both domestic and foreign governments. An increase in the size and scope of the global arms market for domestic producers increases this lobbying and the associated deadweight loss brought about by rent seeking.

    – It is unclear if the U.S. government were to scale back its control of the global arms market, the result would be more total global arms. This is because a decrease in U.S. subsidies of weapons to other countries would increase the price of weapons and decrease the quantity demanded by foreign governments; a sharp decrease in the supply of arms would drive the price of weapons upward; many foreign governments face diseconomies of scale leading to a lower overall volume of arms.


    U.S. Dramatically Leads in Global Arms Sales

    Coyne and Hall explain just how big a player the U.S. is in the world arms market: Between 1970 and 1979 the U.S. arranged more than $74 billion in weapons sales. Between 1980 and 1989 the U.S. would agree to sell over $97 billion in arms to nations abroad. This number would rise again between 1990 and 1999 to $128 billion. Between 2000 and 2010 the U.S. arranged to send more than $192 billion in arms to countries all over the globe.

    That makes America responsible for at least 68.4 percent of all global arms trade today. The next highest countries, Russia and Italy, account for only nine percent each. U.S. share in the arms market to developing nations is even higher, 78 percent. Russia, number two, accounts for just under six percent.

    Do Arms Sales Facilitate Diplomacy and Secure National Security Objectives?

    The most prominent U.S. government argument in favor of all these arms sales is that they facilitate diplomacy and secure national security objectives. For example, the line goes, countries that receive U.S. weapons want better all-around ties with the U.S. As for national security objectives, the idea is supposedly, as in Iraq at present, weapons sold allow some other country to fight for what the U.S. supports. But is any of that actually true?

    Well, no, not really, according to Coyne and Hall. Successes in foreign policy bought with weapons sales assumes U.S. policymakers can determine the correct mix of weapons and recipients needed to achieve these goals. But the real world is messy; send arms to the Mujahedin in Afghanistan to kill occupying Russians in the 1980s and inadvertently help create al Qaeda in the 1990s, that kind of thing. Influence one thug leader somewhere with shiny weapons, and then hope like hell he stays within U.S. boundaries, does not transfer the weapons for his own purposes (illicit small-arms sales are a big business for some governments, constituting more than an estimated $1 billion in annual revenues), and does not lose control of the weapons entirely in some future coup, revolt or invasion. In short, as the report puts it, “system-type thinking matters because it implies that attempts to influence foreign affairs through arms sales can never simply do one thing, even if this is the intention, because there are a series of unpredictable consequences over time and space that emerge from any single intervention in a complex system.”

    And Then There’s Iraq

    Professor Coyne, in an interview with me, brought the whole academic point down to the very practical in applying his and Ms. Hall’s work to the current situation in Iraq:

    “The situation in Iraq provides an excellent, albeit sad, illustration of some of our main points. The U.S. government provided significant amounts of military hardware to the Iraqi government with the intention that it would be used for good (national security, policing, etc.). However, during the ISIS offensive many of the Iraqis turned and ran, leaving behind the U.S.-supplied hardware (Humvees, trucks, rifles, ammunition.) ISIS promptly picked up this equipment and are now using it as part of their broader offensive effort. This weapons windfall may further alter the dynamics in Syria.

    “Now the U.S. government wants to provide more military supplies to the Iraqi government to combat ISIS. But I haven’t heard many people recognizing, let alone discussing, the potential negative unintended consequences of doing so. How do we know how the weapons and supplies will be used as desired? What if the recipients turn and run as they have recently and leave behind the weapons? What if the weapons are stolen? In sum, why should we have any confidence that supplying more military hardware into a country with a dysfunctional and ineffective government will lead to a good outcome either in Iraq or in the broader region?”



    Comment

    There are many more well-argued such examples in a report that should cause U.S. policymakers to rethink their global arm sales policies, but likely won’t. The U.S. remains committed to a chess-board based view of foreign policy in general, and arms sales in particular. We make a move that we think affects only one square on the board, or maybe one piece or at the most one opponent. That opponent then makes a counter move. The U.S. plays multiple boards at once– Iraq, China, Venezuela– under the illusion that the games are not fully interconnected. Coyne’s and Hall’s work shows, in the specific case of global arms sales, how very wrong such a thought process is.

    The world is complex. Countries’ interests intertwine, alliances are multi-dimensional, and you can’t assume a move on one board won’t affect another, or all of the others. That is why in lay terms, as Coyne and Hall demonstrate academically, in anything but the shortest term thinking U.S. global arms sales are doomed to neither facilitate diplomacy nor secure national security objectives.

    The whole report is worth your time. Download a copy here.




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    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Does Snowden Know Why the NSA Doesn’t Need Warrants? He Might.

    June 30, 2014 // 9 Comments »




    A funny thing to come out of Snowden’s recent interview with NBC News was his claim that he raised concerns about the NSA’s surveillance of American citizens through channels at the NSA, well before he began disclosing classified documents to journalists like Glenn Greenwald.

    The NSA denied for almost a year any record of Snowden speaking up, though located a single such email only following the recent television interview. It gets complicated, and very interesting, from that point…

    Snowden’s Email to the NSA

    The email the NSA disclosed showed Snowden asked a fairly simple legal question arising from an NSA training session that outlined various legal authorities, from the Constitution on down.

    “I’m not entirely certain, but this does not seem correct, as it seems to imply Executive Orders have the same precedence as law,” Snowden wrote, citing a Hierarchy of Governing Authorities referenced during the training. “My understanding is that E.O.s [Executive Orders] may be superseded by federal statute, but E.O.s may not override statute. Am I incorrect in this? Between E.O.s and laws, which have precedence?”

    “Hello Ed,” came the reply from an NSA lawyer. “Executive orders… have the ‘force and effect of law.’ That said, you are correct that E.O.s cannot override a statute.”

    What the Email Means

    Based on the NSA training he was given, Snowden was questioning which carries more weight within the NSA– an actual law passed by Congress, or an order from the president (an E.O., Executive Order.) The answer was a bit curvy, saying that absent a specific law to the contrary, an order from the president has the force of a law.

    By way of a trite illustration, if Congress passed a law requiring Snowden to eat tuna every day for lunch in the NSA canteen, he’d have to do that, even if the president ordered him to have the tomato soup instead. However, absent a law specifically telling him what to eat, the president’s order meant he would have to eat soup. Of course if Congress did not even know of the president’s order, it could not pass a law countering it.

    Back to 2006

    Hold on to the Snowden question for a moment and let’s go back to 2006.

    In 2006 we knew very, very little about what the NSA was doing, and knew even less about the scope and scale of their surveillance of Americans. That context is important.

    General Michael Hayden, then head of the NSA, gave a talk in January 2006 at the National Press Club. Journalist Jonathan Landay started a back-and-forth with Hayden over the wording and meaning of the Fourth Amendment. Most media outlets played the story as a mockery of Hayden, claiming he did not even know what the Fourth said. MSNBC quipped “Well, maybe they have a different Constitution over there at the NSA.”

    Let’s take another look at the exchange, with a few parts highlighted:

    LANDAY: I’m no lawyer, but my understanding is that the Fourth Amendment of the Constitution specifies that you must have probable cause to be able to do a search that does not violate an American’s right against unlawful searches and seizures. Do you use —

    HAYDEN: No, actually — the Fourth Amendment actually protects all of us against unreasonable search and seizure.

    LANDAY: But the —

    HAYDEN: That’s what it says.

    LANDAY: But the measure is probable cause, I believe.

    HAYDEN: The amendment says unreasonable search and seizure.

    LANDAY: But does it not say probable —

    HAYDEN: No. The amendment says —

    LANDAY: The court standard, the legal standard —

    HAYDEN: — unreasonable search and seizure.

    LANDAY: The legal standard is probable cause, General. You used the terms just a few minutes ago, “We reasonably believe.” And a FISA court, my understanding is, would not give you a warrant if you went before them and say “we reasonably believe”; you have to go to the FISA court, or the attorney general has to go to the FISA court and say, “we have probable cause.”

    And so what many people believe — and I’d like you to respond to this — is that what you’ve actually done is crafted a detour around the FISA court by creating a new standard of “reasonably believe” in place of probable cause because the FISA court will not give you a warrant based on reasonable belief, you have to show probable cause. Could you respond to that, please?

    HAYDEN: Sure. I didn’t craft the authorization. I am responding to a lawful order. All right? The attorney general has averred to the lawfulness of the order.

    Just to be very clear — and believe me, if there’s any amendment to the Constitution that employees of the National Security Agency are familiar with, it’s the Fourth. And it is a reasonableness standard in the Fourth Amendment. And so what you’ve raised to me — and I’m not a lawyer, and don’t want to become one — what you’ve raised to me is, in terms of quoting the Fourth Amendment, is an issue of the Constitution. The constitutional standard is “reasonable.” And we believe — I am convinced that we are lawful because what it is we’re doing is reasonable.


    Reasonable Searches v. Warranted Searches

    The full text of the Fourth Amendment is as follows, broken into two parts for our purposes here:

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,

    AND

    no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


    The reporter questioning Hayden, and most everyone else, wrongly conflates “unreasonable” with “unwarranted,” claiming that the only reasonable search is one done under a warrant. That is not true. Cops search people and cars all the time, legally, without warrants. Same thing at the border with TSA and others. New York City has its infamous stop and frisk law.

    There are libraries of case law on this, and yes, courts have generally– but not always– claimed that the same probable cause required to obtain a search warrant is an implied part of a “reasonable” search. But not always.

    One Supreme Court case of interest is Vernonia Sch. Dist. 47J v. Acton. The case involved a student’s refusal to submit to drug testing as a condition of playing high school sports. But take a look at the clarity of precedent in the Court’s opinion (emphasis added):

    Where a search is undertaken by law enforcement officials to discover evidence of criminal wrongdoing, this Court has said that reasonableness generally requires the obtaining of a judicial warrant. Warrants cannot be issued, of course, without the showing of probable cause required by the Warrant Clause. But a warrant is not required to establish the reasonableness of all government searches; and when a warrant is not required (and the Warrant Clause therefore not applicable), probable cause is not invariably required either. A search unsupported by probable cause can be constitutional, we have said, “when special needs, beyond the normal need for law enforcement, make the warrant and probable cause requirement impracticable.”


    What Hayden Knew, Part I

    As head of the NSA, Hayden was not an emotional man, one prone to off-the-cuff remarks, or an imprecision of language. Standing in front of the press in 2006, Hayden knew in great detail the vast scope and scale of surveillance of Americans his agency was carrying out at that very moment, even if his audience did not. Hayden had also been around Washington a long time, and knew political will fades, winds change, and was not about to implicate himself in a violation of the Constitution in front of a room full of journalists.

    Hayden parsed the Fourth Amendment to maintain that under some legal opinions, a government search could be both “reasonable” and unwarranted and still be constitutional. Hayden also clearly referred to his “the authorization,” said “I am responding to a lawful order,” added that “the attorney general has averred to the lawfulness of the order.” He ended by saying “I am convinced that we are lawful because what it is we’re doing is reasonable.”

    What Hayden Knew, Part II

    The law, the statuate Snowden asked about in his 2013 email to the NSA lawyer, as passed by Congress was clear: under the Foreign Intelligence Surveillance Act (FISA), government officials have to prove to the secret intelligence court that there was “probable cause” to believe that a person was tied to terrorism to obtain a search warrant. Warrants, FISA or otherwise, still require probable cause, precisely as the Fourth Amendment states.

    But what if, standing there in 2006, guessing some or all of his NSA’s work would someday become public, Hayden knew he was covered for all the searches he was doing without warrants if he just chose his words very carefully. What if Hayden had an Executive Order from the president in his office safe, a secret legal memo, similar to the memos we now know of by John Yoo that explained how torture was not torture, or the one by David Barron explaining how the president ordering the drone killing of an American was not a violation of the Fifth Amendment’s guarantee of due process. Perhaps that Executive Order Hayden had laid out the legal argument that the NSA’s electronic surveillance of every America constituted a “reasonable” search under the Fourth Amendment. Reasonable searches do not require warrants. The Fourth prohibits only “unreasonable searches.” All the push and shove over unwarranted searches was just a smokescreen, a distraction for the public. It was all legal without a warrant anyway.

    At that point everything Hayden said– that what the NSA was doing was lawful because it was reasonable– makes chilling sense.

    What Snowden Knows

    Edward Snowden and the journalists working with his materials are smart cats. Over the past year they have had a curious knack for releasing a document, watching the president lie about it (“we don’t read Americans’ emails”) and then releasing another document exposing the lie.

    Does Snowden know of, or strongly suspect, there is a secret Executive Order legalizing everything the NSA is doing by claiming the searches are “reasonable,” and thus no warrant is needed to conduct them on a mass scale? Did something in his NSA training hint at that, and, through his email inquiry asking about the relative strength of an Executive Order versus a law (in the case, the FISA law requiring probable cause for warrants to be issued), was Snowden trying to tease that out of the NSA lawyer he wrote to?

    Ask Obama This Question

    So let’s make it simple: Journalists with access to the president, ask this question directly: Is there an Executive Order or other document stating that the NSA’s surveillance of American citizens is “reasonable,” and thus no warrant is required for the surveillance to continue and remain Constitutional under the Fourth Amendment?

    Yes or No, Mr. President. Edward Snowden and the rest of us would like to know.



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    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Things Fall Apart: Iraq

    June 27, 2014 // 24 Comments »




    The mistakes of U.S. foreign policy are mostly based on the same flawed idea: that the world is a chessboard on which the U.S. makes moves, or manipulates proxies to make moves, that either defeat, counter or occasionally face setbacks from the single opponent across the table.

    The game held up for a fair amount of time; the U.S. versus the Nazis (D-Day = checkmate!), the U.S. versus Japan (Lose an important piece at Pearl Harbor, grab pawns island by island across the Pacific, and so forth). Most of the Cold War seemed to work this way.

    And so into Iraq in 2003. The Bush administration seemed to believe they could invade Iraq, topple Saddam and little would be left to do but put away the unused chessmen and move on to the next game. In reality, world affairs do not (any longer?) exist in a bipolar game. Things are complex, and things fall apart. Here is a quick tour of that new form of game in Iraq.

    Iran

    – Iranian transport planes are making two daily flights of military equipment into Baghdad, 70 tons per flight, to resupply Iraqi security forces.

    – Iran is flying Ababil surveillance drones over Iraq from Al Rashid airfield near Baghdad. Tehran also deployed an intelligence unit to intercept communications. General Qassim Suleimani, the head of Iran’s paramilitary Quds Force, visited Iraq at least twice to help Iraqi military advisers plot strategy. Iran has also deployed about a dozen other Quds Force officers to advise Iraqi commanders, and help mobilize more than 2,000 Shiite militiamen from southern Iraq.

    – As many as ten divisions of Iranian military and Quds Force troops are massed on the border, ready to intevene if Baghdad comes under assault or if important Shiite shrines in cities like Samarra are threatened, American officials say.

    – Suleimani was a presence in Iraq during the U.S. Occupation and helped direct attacks against American troops. In particular, Iraqi Shiite militias under the tutelage of Suleimani attacked American troops with powerful explosive devices supplied by Tehran. These shaped charges were among the very few weapons used toward the end of the U.S. Occupation that could pierce U.S. armor, and were directly responsible for the deaths of Americans.

    – General Suleimani is also the current architect of Iranian military support in Syria for President Bashar al-Assad. The U.S. calls for Assad to give up power, and was steps away from war in Syria to remove Assad only months ago.

    – Should America conduct air strikes in Iraq (some claim they are already stealthily underway), those strikes would be in direct support of Iranian efforts, and perhaps Iranian troops, on the ground.

    – The United States has increased its manned and unmanned surveillance flights over Iraq, and is now flying about 30 to 35 missions a day. The American flights include F-18s and P-3 surveillance planes, as well as drones.

    ISIS

    – ISIS, currently seen as a direct threat to both Iraq, Syria and the Homeland, is a disparate group of mostly Sunni-affiliated fighters with strong ties to Syria. The U.S. is now at war with them, though it appears that as recently as 2012 the U.S. may have had Special Forces arming and training them at a secret base in Safawi, in Jordan’s northern desert region. There are reports that the U.S. also trained fighters at locations in Turkey, feeding them into the Syrian conflict against Assad.

    – ISIS has been funded for years by wealthy donors in Kuwait, Qatar, and Saudi Arabia, three supposed U.S. allies. “The U.S. Treasury is aware of this activity and has expressed concern about this flow of private financing. But Western diplomats’ and officials’ general response has been a collective shrug,” a Brookings Institute report states.

    – ISIS itself is a international group, though added 1,500 Sunni Iraqis it liberated from a Shia prison near Mosul. A senior U.S. intelligence official said there are approximately 10,000 ISIS fighters — roughly 7,000 in Syria and 3,000 in Iraq. There are between 3,000 and 5,000 foreign fighters who have been incorporated into ISIS ranks.

    Turkey

    – The New York Times reports Turkey allowed rebel groups of any stripe easy access across its borders to the battlefields in Syria in an effort to topple President Bashar al-Assad. An unknown number of Turks are now hostages in Iraq, and Turkey continues its tussles with the Kurds to (re)fine that border.

    – “The fall of Mosul was the epitome of the failure of Turkish foreign policy over the last four years,” said Soli Ozel, a professor of international relations at Kadir Has University in Istanbul. “I can’t disassociate what happened in Mosul from what happened in Syria.”

    Iraq

    – With the official Iraqi Army in disarray, Prime Minister Maliki is increasingly reliant on Shiite militias primarily loyal to individual warlords and clerics, such as the Madhi Army. Despite nine years of Occupation, the U.S. never defeated the Madhi Army. Prime Minister Maliki never had the group surrender its weapons, and now, with the Baghdad government too weak to disarm them, they exist as the private muscle of Iraq’s hardline Shias. Once loosed onto the battlefield, Maliki will not be able to control the militias. The Mahdi Army has also sworn to attack American “advisors” sent to Iraq, believing them to be a vanguard for a second U.S. occupation. Many of the most powerful militias owe their ultimate loyalty not to the Iraqi state, but to anti-American cleric Muqtada al-Sadr. Sadr has much blood on his hands left over from the Occupation.

    Syria and Israel

    – Syrian government aircraft bombed Sunni targets inside Iraq on Tuesday, killing at least 57 civilians and wounding 120. Syrian warplanes also killed at least 12 people in the eastern Iraqi city of Raqqa Wednesday morning. A U.S. official said it was not clear whether the Iraqi government requested or authorized Syrian air strikes in Iraqi territory.

    Israeli warplanes and rockets struck targets inside Syria the same day as Syria struck Iraq.


    Checkmate

    It should be clear that there is no such thing as simply “doing something” in this crisis for the U.S. As with the 2003 invasion itself, no action by the United States can stand alone, and every action by the United States will have regional, if not global, repercussions apparently far beyond America’s ability to even understand.

    A chess game? Maybe, of sorts. While American interest in Iraq seems to parallel American interest in soccer, popping up when world events intrude before fading again, the other players in Iraq have been planning moves over the long game. In the blink of an eye, U.S. efforts in Syria have been exposed as fully-counterproductive toward greater U.S. goals, the U.S. has been drawn back into Iraq, with troops again on the ground in a Muslim war we thought we’d backed out of. The U.S. finds itself supporting Iranian ground forces, and partnering with militias well outside of any government control, with Special Forces working alongside potential suicide bombers who only a few years ago committed themselves to killing Americans in Iraq. What appears to be the U.S. “plan,” some sort of unity government, belies the fact that such unity has eluded U.S. efforts for almost eleven years of war in Iraq.

    In such a complex, multiplayer game it can be hard to tell who is winning, but it is easy in this case to tell who is losing. Checkmate.



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    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Ten Reasons Airstrikes in Iraq are a Terrible Idea

    June 23, 2014 // 6 Comments »




    The smell of blood is once again in the air in Washington, this week for airstrikes and other forms of violent intervention in Iraq (reference: many of the same people– McCain and Graham in particular– were only recently calling for airstrikes or other military action in the Ukraine, and before that Syria, and before that…)

    Here are some of the many reasons airstrikes (or any other form of U.S. military action) in Iraq are just a terrible idea.


    1) Air strikes will not resolve anything significant.

    The short answer is through nine years of war and occupation U.S. air power in Iraq, employed on an unfettered scale, combined with the full-weight of the U.S. military on the ground plus billions of dollars in reconstruction funds, failed to resolve the issues now playing out in Iraq. Why would anyone think a lesser series of strikes would work any better?

    We also have a recent Iraqi example of the pointlessness of air strikes. The Maliki government employed them with great vigor against Sunnis in western Iraq, including in Fallujah, only six months ago, and here we are again, with an even more powerful Sunni force in the field.


    2) But air strikes now are crucial to buying the Iraqi government time to seek a political solution.

    See above about nine years of ineffectiveness. Today’s crisis is not new; Iraqi PM Maliki has been in power since 2006 and has done nothing to create an inclusive government. Indeed, he has done much to actively ostracize, alienate, jail and destroy his Sunni opposition. Maliki currently is his non-inclusionary own Minister of the Interior and Minister of Defense. Replacing Maliki, another regime change the U.S. now apparently supports, is no magic cure. Maliki’s successor will most likely come from his own majority party, and inherit his own ties to Iran and the many Shia groups needed to stay in power. Even with good intentions, a new Prime Minister will walk into office in the midst of a raging, open war against Sunni forces, not exactly the best place to start towards a more inclusive government. This argument of buying the Iraqis time is the same falsehood that fueled the unsuccessful Surges in Iraq (2007) and Afghanistan (2009). History matters, and it is time to accept that despite arguable tactical progress, in the longer view, the Surges did not work. And long views are what matter.

    Even David Petraeus, once America’s golden boy as architect of the Iraq Surge, warns against military intervention now in Iraq.


    3) John Kerry flying around the world diplomizing on Iraq is an air strike of its own.

    Worth noting is also the uselessness of American diplomacy. Since 2006 the U.S. has maintained its largest embassy in the world in Baghdad, with thousands of State Department and military personnel, alongside no doubt a healthy intelligence presence. It is clear that all those diplomats have not accomplished much in service to Iraqi reconciliation under even the more peaceful conditions in the past. It is unrealistic to expect more now.

    As for recruiting allies to intercede somehow with America in Iraq, that seems equally unlikely. The British, America’s former stalwart companion in global adventures, refused to get involved in American action last September in Syria. British involvement in the 2003 invasion remains controversial at home, and it is hard to see the Brits getting fooled again.



    4) Air strikes are surgical.

    Oh please. Check with the wedding parties in Yemen destroyed, and funeral gatherings massacred in Pakistan. Bombs and missiles are not surgical tools. They blow stuff up. It is impossible to avoid killing people near the other people you set out to kill, what the U.S. blithely refers to as collateral damage. And even that assumes you are aiming the weapons even close to the right place to begin with. Bad info that identifies the wrong house means you kill an innocent family, not a ISIS command cell.

    And even if you take the coldest American view possible that collateral damage is just an unavoidable cost of war, you fail to understand the real cost. Every innocent killed sets the population further against the U.S. and the people the U.S. seeks to support, both in Iraq and throughout the greater Middle East. Videos of dead children propagate well over social media.


    5) Air strikes are not a counterinsurgency tool.

    See nine years of war and occupation in Iraq, or forever years of war in places like Vietnam. You cannot bomb away a political movement. You cannot kill an idea that motivates millions of people with a Hellfire missile.


    6) Air strikes mean the U.S. is taking sides in a pit bull fight.

    The U.S. strikes would presumably be in an attempt to support the “Iraqi government and army.” The problem is that those entities are elusive. The Maliki government enjoys uneven public support, so supporting it alienates swaths of the Iraqi population and nearly requires them to take up arms against the U.S. and its puppets. The forces Maliki is putting into the field include a growing number of Shia militias under the control, such as that even is, of individual warlords and religious leaders. These are fighters who actively killed Americans just a few years ago, but somehow we’re on their side now. Maliki’s collection of forces are also bolstered in various ways by Iran. Somehow we’re on their side now too. Air strikes are part of a pattern of failed short-term thinking by the U.S.


    7) Air strikes are just more of “whack-a-mole” foreign policy.

    These entanglements are much more serious than to be dismissed as “well, politics makes for strange bedfellows” or “the enemy of my enemy is my friend.” Such trite phrases are typical of a U.S. foreign policy that only sees discrete crises within clear geopolitical borders. As long as the U.S. fantasizes that it can support Sunni fighters in Syria while striking them in Iraq, and as long as the U.S. believes it can bolster Iranian goals and credibility in Iraq while pushing back against it elsewhere in the Gulf, the worse things will get in the broader region.

    The same applies to the U.S.’ global “whack-a-mole” geopolitical strategy. Russia invades the Ukraine? A devoted by Washington to that. Boko Harem kidnaps girls? Ten days of Twitter memes. Iraq simmers for years? Let’s act now (and only now) before the next shiny object distracts our leaders.


    8 ) But air strikes are necessary because the U.S. must “do something.”

    Nope. There is nothing that says the U.S. must “do something” in response to all world events. There are many reasons to say even if we are compelled to do something, a military “solution” is not necessarily, or even often, the right thing to do. Imagine if you are outside a burning house, with a can of gasoline in your hand. With the compulsion to do something, is it better to throw the gas can into the flames, or stand back. Sometimes the best answer is indeed to stand back.

    9) ISIS is a threat to the U.S. and has to be air struck to stop another 9/11.

    ISIS is far from the Super Villains the U.S. media has seen necessary to depict them as. The groups fighting on the “Sunni” side, such as it is, are a collection of tribal, Baathist, religious, warlord and other conglomerations. Their loosely organized goal is to hold territory that criss-crosses the borders of Iraq and Syria. Absent some odd event, they are likely to withdraw or be chased out of central Iraq and hold on out west, where they have existed as a state-like thing for some time now. Central Iraq is way too far from their home base to retain supply lines (though they have been doing well capturing weapons from the retreating Iraqi forces), and Shia militia strength is more powerful the closer ISIS, et al, get to Baghdad.

    The threat line is most ardently espoused by who else, Dick Cheney, who brought out his own go-to scary thing, saying “One of the things I worried about 12 years ago – and that I worry about today – is that there will be another 9/11 attack and that the next time it’ll be with weapons far deadlier than airline tickets and box cutters.”

    ISIS and/or its Sunni supporters in Iraq have held territory in western Iraq for years without being a threat to the U.S. Homeland. Little changes if they hold a bit more, or less territory.

    ISIS is not a transnational terror group, and unless the U.S. drives them into an alliance with al Qaeda (as the U.S. did in the early years of the 2003 invasion with the Sunnis), they are unlikely to be. They fight with small arms in small groups under loose leadership. They will not be invading the U.S.

    10) Bottom line why air strikes are a terrible waste.

    The U.S. lost the war in Iraq years ago, probably as early as 2003. It is time to accept that.




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    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Radio Interview: Between the Lines, with Scott Harris

    June 22, 2014 // 2 Comments »




    Here’s a radio interview I did with Scott Harris, host of Between the Lines. Follow this link for the full interview.

    The focus of the interview is how the 2003 invasion of Iraq upset a fragile but workable balance of power in the Middle East, unleashing the chaos we are witnessing today playing out in Iraq, Syria and elsewhere. So the short version: yes, it is all our fault, and more airstrikes and drone killings will work out in current Iraq about as well as they have in Yemen, Libya and all the other places where lacking any alternative besides getting out, the U.S. just lashes out.

    Between The Lines describes itself as “a weekly syndicated half-hour news magazine featuring progressive perspectives on national and international political, economic and social issues” which seems about right. Have a listen to the interview!



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    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    At CNN

    June 21, 2014 // 9 Comments »




    Selfie at CNN studios today in NYC.


    Taped a segment on Iraq, not sure if/when it will air. I explained U.S. military intervention in Iraq, as opposed to “doing nothing,” would be like choosing between throwing gas into a fire versus “doing nothing.”


    That said, consensus among the anchors and other guests was that “we have to do something.” OK, sure, but how’d that work out for ya’ last time?



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    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    From 2011: Who Won the War in Iraq? Iran.

    June 18, 2014 // 12 Comments »

    Land of the Free


    For those (I’m talking to you here CNN) who seem surprised about events unfolding now in Iraq, here’s an excerpt from something I wrote almost four years ago. At that time pretty much everyone disagreed with these conclusions, but can you hear me now?


    Wars End?

    When wars end, usually there is a winner and a loser. Greeks burn down the city for the win; Trojans accept a dummy horse for the epic loss, like that. As we near the end of the U.S. military campaign in Iraq, and note the beginning of the State Department occupation (the formal mission handover is Oct. 1), it is a good time to decide who lost and who won, and what that means for the future of Iraq.

    For the minority, all-around Washington guy (now stopping off briefly to be Secretary of Defense) Leon Panetta thinks we and the Iraqis sort of won. Leon said, “But the bottom line is, whether it’s diplomatic or whether it’s military, we’ve got a long-term relationship with Iraq. We’ve invested a lot of blood in (Iraq). And regardless of whether you agree or disagree as to how we got into it, the bottom line is that we now have, through a lot of sacrifice, established a … relatively stable democracy that’s trying to work together to lead that country.”

    Tune into your favorite right-wing blog, and there is lots of mumbo-jumbo about the surge and sacrifices and all that false patriotism stuff that no longer even makes for a good country and western song. On firmer ground, it is less clear that the United States or Iraq won anything. The United States lost 4474 soldiers (and counting), with thousands more crippled or wounded, spent a couple of trillion dollars that helped wreck our economy at home, and did not get much in return.

    Blood for Oil?

    Only in the sense that one of out of every eight U.S. casualties in Iraq died guarding a fuel convoy. Iraqi oil output is stuck at pre-war levels and will be for some time. A drop in world oil prices would wreck the Iraqi economy. Despite Panetta’s patter about Iraq being a country willing to work with the United States, Iraq as a political entity follows its own path, virtually allied with Iran and unsupportive of American geopolitical dreams. The U.S. government will sell some military gear to the Iraqis and make some money, but in the end George Bush went to war and all we got was a low-rent dictatorship turned into a low-rent semi-police state.

    As for Iraq being any sort of winner after being stomped on by the U.S. military, no. Iraq had its civil society shredded, underwent eight years of sectarian civil war, saw over 100,000 killed and is home now to a small but bustling al Qaeda franchise. The United States left without brokering a deal between the Kurds and the Arab Iraqis, leaving that kettle on full boil. The United States also failed to establish stable borders for the Kurds, such that the Iranians shell “Kurdistan” from the east, while Turkish jets drop bombs in the west. Turkey is part of NATO — imagine the U.S. government sitting silently if Germany bombed Poland next week.

    What many people do not know is that one reason for the drop in sectarian violence in 2008 was that both sides had done much of the killing they needed to do. The fighting then was a civil war, Shia versus Sunni, and the death toll was high enough on both sides to achieve the level of segregation and redistribution of power desired at that time– they temporarily ran out of reasons for the war to continue at that level of intensity. Ominously, however, the Sunnis and Shias did not fully settle the score and so that pot sits bubbling on the stove as well.

    Sectarian tensions do still run high in Iraq, and the United States has been left powerless to do anything about it. Except for some technical assistance and perhaps some very low-key special operations help, the U.S. government has taken a sideline seat to the sectarian violence over the last few months, leaving the fight to the Iraqis. Whether zero or 3,000 or 10,000 U.S. troops stay on in Iraq, it is unlikely that such a smaller U.S. force will intervene, given that a larger one declined to do so.

    The tinderbox nature of things is such that the Iraqi government is seeking to ban a television drama about events leading up to the historic split in Islam into Sunni and Shiite sects hundreds of years ago. The Iraqi parliament asked that the Communication and Media Commission, a media regulator, ban “Al Hassan and Al Hussein” on the grounds it incites sectarian tensions and misrepresents historical facts. “This TV serial includes sensitive issues in Islamic history. Presenting them in a TV series leads to agitated strife,” said Ali Al Alaq, a politician who heads the religious affairs committee.

    Needless to say, a glance at the daily news from Iraq will reveal the ongoing steady low hum of suicide bombings and targeted killings that is now all too much a normal part of life. The occasional spectacular attacks (instantly blamed on al Qaeda by the United States) make headlines, but every Iraqi knows it is the regular nature of these killings as much as the death toll itself that is most disruptive to society. Iraq is hardly a winner.

    Who won the war? Iran…

    Iran sat patiently on its hands while the United States hacked away at its two major enemies, Saddam, and the Taliban, clearing both its east and west borders at no cost to Tehran. (Iran apparently reached out to the U.S. government in 2003, seeking some sort of diplomatic relationship but, after being rebuffed by the engorged Bush Administration, decided to wait and watch the quagmire envelope America). The long slog both wars morphed into dulled even the reliably bloodthirsty American public’s taste for another war, and cooled off plans in Tel Aviv and Washington for airstrikes against Iran’s nukes (if Cheney couldn’t edge the United States into that fight, who can?).

    The Iranians also came to see that Iraq, like Lebanon, made for a nice proxy battleground. By the time my tour in Iraq was wrapping up, the mine resistant vehicles we traveled in could take a solid hit from pretty much anything out there and get us home alive, except for one thing: Iranian-made roadside bombs ealled EFPs. These shaped “explosively formed penetrating devices” fired a liquefied white hot slug of molten copper that was about the only weapon that really scared us. The Iranians were players in all parts of Iraqi society post-2003, including the daily violence. (Iranian proxy warfare in Lebanon is well documented in Robert Baer’s excellent book, The Devil We Know: Dealing with the New Iranian Superpower which also advances the United States vs. Iran proxy theory in general.)

    Iran not only lost an enemy when Saddam was hanged, it gained an ally in the new Iraq. When the United States’ last election surge withered away with the failure of the March 2010 Iraqi contest to produce a government, Iran stepped in to broker a settlement involving current PM Malaki (Malaki also serves as Minister of Defense and Minister of the Interior but is not a dictator) and the jolly Sadrists. Malaki, a Shia, happily recalls his days in exile in Iraq during the Saddam reign while Sadr hid out as a religious “student” in Qom when he was on the U.S. military’s capture or kill list post-2003. Both men remain beholden to Iran and continue to shift Iraq closer and closer to Tehran’s policy positions. Iran has its own proconsul in Baghdad, well-known locally but not discussed much in the west. The guy moved into the job after a tour as head of the Iranian special ops Qods Force.

    Iran Ascendant in Iraq

    Yet while strategic and political relationships are very important between Iraq and Iran, it is the growing economic and social-religious ties that cement the relationship and signify Iran as the real winner of the U.S. invasion. The raw numbers tell a big part of the story: the two countries’ current annual trade is valued at $4 billion to $5 billion and growing, with much more money changing hands on the black market.

    On more formal terms, Iranian First Vice President Mohammad-Reza Rahimi kicked off the most recent round of goodwill on July 6, when he traveled to Baghdad to join the Iran-Iraq Joint Supreme Economic Committee. Better yet, Iran agreed to supply 9,400 barrels of “gasoil” a day to Iraq for power generation. Iraq also signed a $365 million agreement to install a pipeline network to import natural gas from Iran for power stations in the country. The pipelines will eventually supply 25 million cubic meters of Iranian natural gas a day to the Sadr, al-Quds and South Baghdad power stations in the Iraqi capital.

    Iraq’s Foreign Minister, Hoshiar Zibary said that Iran and Iraq would soon sign an agreement to overcome “all the suspended problems between both countries.” “Iran is playing a positive role in Iraq and there is no objection for the strengthening of relations between the two countries,” Zibary said.

    But while trade is good, and oil is necessary, the real money is in tourism. More specifically, religious tourism. Iranian Shia pilgrims traveling to previously off-limits shrines in Iraq, is a huge source of economic exchange. It also creates significant people-to-people ties that Iran will be able to exploit long into the future.

    Iranian travel agencies control religious tourism to the Shia holy cities of Najaf and Karbala. The Iranian companies are associated with local hotels, also owned by Iranians. The control by Iranian companies extends to tourists from Lebanon who combine a visit to Iraq with one to the religious site Mashhad, in Iran. The Iranian domination also extends to security arrangement for protecting the tourists. That role is filled by one company owned by one of the religious parties in Karbala.

    Business is Booming

    Najaf is in the midst of a hotel building frenzy in a bid to ramp up the number of visiting pilgrims. While thousands of mostly Iranian religious tourists already pass through Najaf every day on what are marketed as nine-day tours of Iraq’s holy Shiite sites, hoteliers and business groups in the city expect hotel capacity, currently at breaking point, to double in the next three years.

    Elsewhere, markets in rural Iraq are filled with Iranian goods, especially fresh fruits and vegetables. While the knitwear market is dominated by cheap Chinese stuff, other household goods are conspicuously marked “Made in Iran” and are snapped up by consumers.

    I saw a little slice of this during my own time in Iraq. My Provincial Reconstruction Team (PRT) covered an area that included the city and mosque of Salman Pak. Once a center for chemical weapons production and secret police training under Saddam, Salman Pak is better known to most Iraqis and Iranians as a historical and recreational area, approximately 15 miles south of Baghdad near a peninsula formed by a broad eastward bend of the Tigris River. It is named after Salman the Persian, a companion of Mohammad, who is buried there.

    Salman Pak is also site of the Arch of Ctesiphon, the remains of the once majestic Persian Sassanid capital. Ctesiphon is one of the largest and oldest freestanding arches in the world. Before the U.S. invasion of 2003, the area was a popular day trip out of Baghdad, and even sported a floating casino and villas for select friends of Saddam. My translator recalled family trips to the area the way my daughters remember a visit to Disney, leaving me a bit nostalgic for a time and place I never knew. The attraction now for Iranian pilgrims is the mosque, once a well-known Shia shrine, converted to a well-known Sunni shrine by Saddam and now once again a well-known Shia shrine after sectarian violence post-2003 blew away most of the Sunnis in the area.

    On routine patrols through the area, my PRT and Army would frequently see giant tour buses with Iranian license plates and markings hauling tourists around the city. The Iranian tourists would take pictures of our military vehicles and gesture at us as we drove past, even as our soldiers scowled at them and pantomimed “no photos.” Nothing weirder than to be spending one’s days freeing Iraq only to run into Iranian tour agencies being the most obvious beneficiaries of that freedom. We didn’t know it then, but our tourists were offering us a glimpse of the future, a picture of who the winners, and losers, were to be in our war.

    Adding it Up

    As for Iraq, add it up:

    –no resolution to the Arab-Kurd issue,

    –no resolution to the Sunni-Shia issue,

    –no significant growth in the oil industry,

    –a weakened U.S. presence more interested in a Middle East land base and profitable arm sales than internal affairs,

    –and an increasingly influential Iran seeking a proxy battleground against the United States and a nicely weak buffer state on its formerly troublesome western border.


    None of that tallies toward a stable Iraq. Indeed, quite the opposite. Worst case scenario might look a lot like the darkest days in Lebanon, with many of the same players at the table.


    Here’s the full article.



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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Classification: Hiding American War from Americans

    June 17, 2014 // 3 Comments »




    Our government classifies a lot of documents, some 92 million in 2011 alone.

    The ostensible point of all that classification is protect the nation’s secrets. Some of it even makes sense. Troop movements, nuclear things, identities of spies, traditional stuff you want to keep from your enemies. The purpose of classification is not to hide government mistakes or prevent embarrassing things from coming into daylight.

    The president even said so. Obama’s 2009 Executive Order on National Security Information made clear “In no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order to conceal violations of law, inefficiency, or administrative error, or “prevent embarrassment to a person, organization, or agency.”

    More Irony in a Nation Awash with It

    Yes, more irony in a nation awash with it. But seriously, when the point of classification is keeping the realities of America’s wars from Americans, that says we are the enemy. Today’s case in point:

    The top official in charge of the classification system decided that it was legitimate for the Marines to classify photographs that showed American forces posing with corpses of Taliban fighters in Afghanistan, and urinating on them. Many of the photos have already been published, but no matter, whatever hasn’t leaked out is now a secret. A kicker is that the “top official” who decides these things is some guy at the National Archives you’ve never heard of.

    That top official is allowed to be the final arbiter of what Americans can see of their wars because of Executive Order 13526, Section 5.5, which grants him alone the authority to make a report to the head of an agency, or to the designated senior agency official for classified national security information, if any members of the agency knowingly, willfully, or negligently classify or continue the classification of information in violation of the Order. So, in this case, he just did that, confirming in a simple letter that the Marines can keep the photos a secret.

    Support the Troops!

    The stated reason for the secrecy? To support the troops, of course. The rationale is that the release of additional images would make the Taliban somehow even angrier at the U.S. for occupying Afghanistan for 13 years and provoke more attacks. The same rationale, though a different legal manipulation, was used to keep additional photos of American torture at Abu Ghraib and images from the bin Laden kill locked up.

    A video of the Marines’ now-classified act is still on YouTube:




    Unless the Taliban can’t see YouTube from Afghanistan, they already know what happened.

    Another thing the Taliban also know is that the Marine Corps sniper captured on a YouTube video urinating on the corpses of Taliban fighters in Afghanistan was only reduced in rank after a court-martial. So, an act by a Marine that supposedly could cost American lives is punished merely by a reduction in rank. And even that mild rebuke took two years to happen. That couldn’t possibly stir anyone up in Afghanistan.

    We Got This

    The Taliban, as the Iraqis before them, know darn well what happened. It is even possible they know of atrocities by American troops that weren’t photographed as trophies of war and are thus unknown to Americans. Classifying the photos does not change the fact that the atrocities happened. It only tries (albeit crudely and stupidly) to hide those atrocities from the American people.

    BONUS: For anyone offended by the images above, or who thinks I should label this article NSFW because of the pee pee thing, please stop for a moment and acknowledge what you see here was done by Americans to people they just killed. In that sense only is it offensive and obscene.

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    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Why America Can Never Win in Iraq

    June 16, 2014 // 20 Comments »




    I think of it now, all the time.

    Sometimes I think I even recognize a place on TV I had been, having spent a year in the midst of America’s Occupation in Iraq, 2009-2010. I was a State Department civilian, embedded in turn with two Army brigades of some 3000 men and women each, far from the embassy and the pronouncements of victory and whatever bright lights Iraq might have had.

    Why We Lost

    I grow weary of the drumbeat for the U.S. to return to Iraq and blow more stuff up. Drones, airstrikes, Special Forces on the ground who are somehow not really “boots on the ground,” the whole bloodlust redux. As a human being I decry the loss of more life. As someone who cares about America’s foreign policy, I cannot believe (while believing) that we are continuing to misunderstand the larger picture, what might be called the strategic or long-term, once again for the tactical, the expedient, the short-term.

    Of all the many reasons why American could not win its Iraq War (and I wrote about one of the most significant, the failure of Occupation and Reconstruction, in my first book, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People perhaps the one that is most applicable now is the most basic.

    America’s wars in the Middle East exist in a hallucinatory space that imagines Blue Forces fighting Red Forces, Saving Private Ryan but with more sand. Instead, in Iraq right now, there are multiple layers of war going on. For those who like to look ahead a bit, you may feel free to substitute “Syria” for “Iraq” in the rest of this article. Most of this also applies to Libya, Afghanistan and pretty much the rest of the post-9/11 conflicts.


    A War of Layers

    Instead of a good old fashioned and simple Our Side vs. Their Side, Good Guys vs. Bad Guys, the Iraq War is one comprised of many layers. They intermingle and overlap, kind of like the multiverse of conflict. Some of this is painted here in quibbly broad strokes, but the core is solid:

    – On the surface you have our media-view war: Jihadists vs. The Iraqi Government. This is the dominant view in Washington, because it is the easiest to understand in bullet points, the easiest to sell to the American people through an ever-compliant media, and the one that fuels the most defense spending. These sorts of wars need plenty of hardware for the U.S. military, and lots of stuff to sell to whichever side we support. You can imagine these sorts of wars as winnable with brave-but-Spartan-like-expendable Special Forces, drones and intel. Blue-on-Red wars also lend themselves well to demonizing the enemy (Terrorists! Who kill people! Who want Sharia law!)

    – Another layer down in Iraq you have one group dominated by Sunnis vs. another Shia one fighting a political civil war for actual control of territory. The U.S. willingness to devote extraordinary amounts of money and military power to keeping “Iraq” from not separating on its historical boundaries (the present national borders were drawn up by British cartographers after WWI) over eight years of Occupation and for four years of pretend democracy left this one on long-term simmer awaiting today’s boil. Enough power and money can reduce it again to a simmer, maybe, but it won’t go away.

    – Below that layer are intra-Sunni and intra-Shiite struggles for turf and power. There is no such thing as a Sunni Corporate Structure, or a Shia one, with privates reporting to colonels who report to a white house. Instead you have religious allegiances, tribal allegiances, warlord allegiances, paid for allegiances, allegiances of convenience and so forth. At some point they turn on each or dissolve, for awhile, then often reassemble. During the Occupation the U.S. thought they could play off various groups against each other, but the Iraqis had been doing that long before any Americans got there, and knew the game so well that it was like putting the U.S. soccer team up against the Brazilians.

    – Laying under it all is the much larger proxy war, including Iran’s support for the Shiites/Malaki government and Saudi/Kuwaiti support for the Sunnis. To zoom out for a moment, this is why invading Afghanistan without dealing with Pakistan failed as well. Failure to focus on the proxy war means things like America supporting the same side as the Iranians in Iraq. Inevitably, this results in adding to Iran’s regional power with every drone flight and Special Forces action undertaken. That Iranian regional power will end up projecting itself elsewhere, such as in Syria, where the U.S. and Iran are not on the same side.

    – And just because many Americans don’t see/know this, the people in the region sure do: should airstrikes occur,or even just more military aid into Iraq, once again America is at war in an Islamic country. You cannot win the hearts and minds of dead people, but you sure can help recruit their friends and relatives against you. Worse, in that the U.S. promised to leave forever in 2011. America is also supporting Shias against Sunnis, which does not go unnoticed outside of Iraq.


    Why the U.S. Cannot Win

    The reason why America can never win the war in Iraq, et al, is because to win the war you have to somehow win all the layers of wars, and to win all the wars involves impossible to resolve paradoxes such as siding with the Iranians here while opposing them there. Here and there are often in reality the same place, such as along the Syrian-Iraqi border. It can’t be done. It is a trick, like a carnival ring toss game. The only way to win is not to play. Otherwise, you’re just another sucker with a fist full of quarters to trade for a cheap stuffed animal.

    BONUS: Not convinced yet? The aircraft carrier being sent into the Persian Gulf to launch any air strikes the U.S. deems necessary is the USS George H.W. Bush. Construction of the ship began in 2003, planning and funding well before that. I know irony is not a government thing, but using a carrier named after the president who first got us deep into Iraq is one level of it, and then realizing we have been in Iraq so long that we now have an aircraft carrier named after the president who started the adventure is another.

    BONUS BONUS: And for goodness sakes, stop saying this is all PM Maliki’s fault. It is, of course, but only after the U.S. slipped him into power in the 2006 elections, allowed him to cut deals with the Iranians to stay in power in 2010 elections and then has maintained him in power with money, weapons and support since then (including now).



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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Whither Iraq? What’s Happening Had to Happen

    June 13, 2014 // 17 Comments »




    The events unfolding now in Iraq are inevitable. They are the latest iteration of all the good we failed to do from day one of America’s ill-fated invasion in 2003.

    Some History

    Iraq before our invasion was three separate pseudo-states held together by a powerful security apparatus under Saddam. If you like historical explanations, this disparate collection was midwifed by the British following WWI, as they drew borders in the MidEast to their own liking, with often no connection to the ground-truth of the real ethnic, religious and tribal boundaries.

    That mess held together more or less until the U.S. foolishly broke it apart in 2003 with no real understanding of what it did. As Saddam was removed, and his security regime dissolved alongside most of civilian society, the seams broke open.

    The Kurds quickly created a de facto state of their own, with its own military (the pesh merga), government and borders. U.S. money and pressure restrained them from proclaiming themselves independent, even as they waged border wars with Turkey and signed their own oil contracts.

    Sunni-Shia Rift

    The Sunni-Shia rift fueled everything that happened in Iraq, and is happening now. The U.S. never had a long game for this, but never stopped meddling in the short-term. The Surge was one example. The U.S. bought off the Sunni bulk with actual cash “salaries” to their fighters (the U.S. first called them the Orwellian “Concerned Local Citizens” and then switched to “Sons of Iraq,” which sounded like an old Bob Hope road movie title.) The U.S. then also used Special Forces to assassinate Sunni internal enemies– a favored sheik need only point at a rival, label him al-Qaeda, and the night raids happened. A lull in the killing did occur as a result of the Surge, but was only sustained as long as U.S. money flowed in. As the pay-off program was “transitioned” to the majority Shia central government, it quickly fell apart.

    The Shias got their part of the deal when, in 2010, in a rush to conclude a Prime Ministerial election that would open the door to a U.S. excuse to pack up and leave Iraq, America allowed the Iranians to broker a deal where we failed. The Sunnis were marginalized, a Shia government was falsely legitimized and set about pushing aside the Sunni minority from the political process, Iranian influence increased, the U.S. claimed victory, and then scooted our military home. Everything since then between the U.S. and Iraq– pretending Maliki was a legitimate leader, the billions in aid, the military and police training, the World’s Largest Embassy– has been pantomime.

    Post-America Iraq

    But the departure of the U.S. military, and the handing over of relations to the ever-limp fortress American embassy, left Iraq’s core problems intact. Last year’s Sunni siege of Fallujah only underscored the naughty secret that western Iraq had been and still is largely under Sunni control with very little (Shia) central government influence. That part of Iraq flows seamlessly over the artificial border with Syria, and the successes of the Islamic State of Iraq and the Levant (ISIL) in a war zone that now takes in both countries should not be a surprise.

    The titular head of Iraq now, Nuri al-Maliki, is watching it all unravel in real-time. He has become scared enough to call for U.S. airstrikes to protect his power. It is highly unlikely that the U.S. will comply, though covert strikes and some level of Special Forces action may happen behind the scenes. That won’t work of course. What the full weight of the U.S. military could not do over nine years, a few drone killings cannot do. It’s like using a can opener to try and catch fish.

    What Might Happen Next

    Things are evolving quickly in Iraq, but for now, here are some possible scenarios. The Kurds are the easy ones; they will keep on doing what they have been doing. They will fight back effectively and keep their oil flowing. They’ll see Baghdad’s influence only in the rear-view mirror.

    The Sunnis will at least retain de facto control of western Iraq, maybe more. They are unlikely to be set up to govern in any formal way, but may create some sort of informal structure to collect taxes, enforce parts of the law and chase away as many Shias as they can. Violence will continue, sometimes hot and nasty, sometimes low-level score settling.

    The Shias are the big variable. Maliki’s army seems in disarray, but if he only needs it to punish the Sunnis with violence it may prove up to that. Baghdad will not “fall.” The city is a Shia bastion now, and the militias will not give up their homes. A lot of blood may be spilled, but Baghdad will remain Shia-controlled and Maliki will remain in charge in some sort of limited way.

    The U.S. will almost certainly pour arms and money into Iraq in the same drunken fashion we always have. Special Forces will quietly arrive to train and advise. It’ll be enough to keep Maliki in power but not much more than that. Domestically we’ll have to endure a barrage of “who lost Iraq?” and the Republicans will try and blast away at Obama for not “doing enough.” United States is poised to order an evacuation of the embassy, Fox News reported, but that is unlikely. “Unessential” personnel will be withdrawn, many of those slated to join the embassy out of Washington will be delayed or canceled, but the embarrassment of closing Fort Apache down would be too much for Washington to bear. The U.S. will use airstrike and drones if necessary to protect the embassy so that there will be no Benghazi scenario.

    What is Unlikely to Happen

    The U.S. will not intervene in any big way, absent protecting the embassy. Obama has cited many times the ending of the U.S. portion of the Iraq war as one of his few foreign policy successes and he won’t throw that under the bus. The U.S. backed off from significant involvement in Syria, and has all but ignored Libya following Benghazi, and that won’t change.

    The U.S. must also be aware that intervening to save Maliki puts us on the same side in this mess as the Iranians.

    Almost none of this has to do with al Qaeda or international terrorism, though those forces always profit from chaos.

    The Turks may continue to snipe at the Kurds on their disputed border, but that conflict won’t turn hot. The U.S. will keep the pressure on to prevent that, and everyone benefits if the oil continues to flow.

    The Iranians will not intervene any more than the Americans might. A little help to Malaki here (there are reports of Iranian Revolutionary Guard in the fighting), some weapons there, but Iran is only interested in a secure western border and the Sunni Surge should not threaten that significantly enough to require a response. Iran also has no interest in giving the U.S. an excuse to fuss around in the area. A mild level of chaos in Iraq suits Iran’s needs just fine for now.

    Lost

    There are still many fools at loose in the castle. Here’s what Fawaz Gerges of the London School of Economics said: “There is hope… that this really scary, dangerous moment will serve as a catalyst to bring Iraqis together, to begin the process of reconciliation.”

    Brett McGurk, the State Department’s point man on Iraq, brought out a tired trope, on Twitter no less: “The U.S. has a permanent Strategic Framework Agreement with Iraq. We have suffered and bled together, and we will help in time of crisis.”

    The war in Iraq was lost as it started. There was no way for America to win it given all of the above, whether the troops stayed forever or not. The forces bubbling inside Iraq might have been contained a bit, or a bit longer, but that’s about all that could have been expected. Much of the general chaos throughout the Middle East now is related to the U.S. invasion of Iraq and how that upset multiple balances of power and uneasy relationships. The Iraq war will be seen as one of the most significant foreign policy failures of recent American history. That too is inevitable.



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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Jack Rice Interview: Torture Laid Bare, Nuremberg and Guantanamo

    June 7, 2014 // 6 Comments »




    A powerful interview with radio host Jack Rice of KTNF, 950AM. We discuss my article Torture Laid Bare at Nuremberg, and Maybe Guantanamo. What does it say to the world when we return to the days of torture, especially with the help of doctors?

    The full interview is online here.

    The interview itself starts about 4:45 in, after a detailed introduction.



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    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Obama Official: Bowe Bergdahl was Swift-Boated

    June 6, 2014 // 10 Comments »

    Let’s be clear: I am glad Bowe Bergdahl is home from five years with the Taliban. If he was truly captured on the battlefield, give him a parade. If he ran away, send him to trial.

    At the same time, the Obama administration’s bleating that “all the facts aren’t in” and that somehow after five years some sort of endless investigation needs to happen are just sad. The military has had five years to interview everyone they needed to, except Bowe.

    They have, no doubt, five years of intelligence, electronic eavesdropping and many, many pages of transcripts of what the Taliban said while negotiating with the U.S. over Bergdahl’s release. Bergdahl may have left letters behind before he disappeared, so some of his side has already been heard.

    Oops, There Already was an Investigation

    Better (worse?) yet, the Army already has done an investigation. A classified military report detailing the Army’s investigation into the disappearance of Sgt. Bowe Bergdahl in June 2009 says that he had wandered away from assigned areas before — both at a training range in California and at his remote outpost in Afghanistan — but returned.

    The roughly 35-page report, completed two months after Sergeant Bergdahl left his unit, concludes that he most likely walked away of his own free will from his outpost one night, and it criticized lax security practices and poor discipline within his unit. But it stops short of concluding that there is solid evidence that Sergeant Bergdahl intended to permanently desert.

    The report is said to have been based extensive interviews with members of Bergdahl’s unit, including his squad leader, platoon leader, and company and battalion commanders. It is said to confirm certain other details relayed in recent accounts, including that Bergdahl shipped his computer and a journal home before he disappeared. It also confirms that he left behind his body armor and weapon, taking with him only water, knives and a compass.

    So all that’s left is to ask Bergdahl himself a few questions (“What happened that night you walked off base?” “Why did we pick up radio transmissions the next day saying you were in a local village, asking for people who spoke English?” “Why didn’t you try and return to your unit?”)

    And yet…

    And yet… we have these Tweets from an Obama administration official, albeit a minor one. The Tweeter is former Department of Veteran’s Affairs Director of Online Communications, and now Deputy Assistant Secretary, Department of Housing and Urban Development, Brandon Friedman. That’s the photo, above, he uses on his personal website. See, he’s holding the frame of an iPad, so it’s “hip.”

    Here’s what Brandon Tweeted about Bowe Bergdahl:



    Now for all you Snowden accusers out there, who claim Snowden is a traitor because he did not “go through channels” and all that, take a close look at Brandon Friedman’s statements. He claims that if you’re in the military and have grown disillusioned and no longer trust your leaders (You out there Edward?), it’s kinda sorta OK to just walk over to the Taliban and join their jamboree. After that, if any of your former squad mates call you out, well, they’re psychopaths and have a reason to smear you.

    Sorry, It is Actually Worse

    At this point you’d think “What does a douche like Brandon Friedman know about military life anyway? Guys like him fight wars from cushy dorms at Ivy League colleges.”

    Nope. Friedman served as an infantry officer in the U.S. Army’s 101st Airborne Division in Pakistan, Afghanistan, Kuwait, and Iraq. In March 2002, he led a rifle platoon into Afghanistan’s Shah-e-Kot Valley engaging Taliban and al Qaeda fighters as part of Operation Anaconda, a battle later written about in Not a Good Day to Die A year later, Friedman commanded a heavy weapons platoon during the invasion of Iraq. He led troops during combat and counterinsurgency operations in Hillah, Baghdad, and Tal Afar. He was awarded two Bronze Stars for his service in Afghanistan and Iraq.

    One doubts Friedman would have been so forgiving of his own deserting troops when he commanded in the field. In other words, he knows better but writes idiotic garbage such as those Tweets anyway.


    Scabby Syncophants

    The Obama people knew all about Bergdahl. They knew of the serious questions about his disappearance. Yet they sent Susan Rice (again; she really just needs to sleep in on Sundays) on the talk shows to say he served “with honor and distinction.” Same swill from the State Department spokesperson. They have little bed bugs like Brandon Friedman out there saying ridiculous things.

    And there’s your tale of the infestation of the scabby syncophants we call our “government.” They’ll say and do anything to please their boss, with callous disregard for the public they are allegedly paid to serve.

    No man left behind? Brandon Friedman left himself behind and could do little more harm to respect and faith in government if he had joined up with the Taliban himself. I propose another swap. Send Susan Rice, too, for that matter. Or maybe just blame it all on some obscure anti-Islam video on YouTube?





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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Sgt. Bowe Bergdahl Just Told Us How to Close Gitmo (But Obama Won’t Do It)

    June 4, 2014 // 13 Comments »

    Every media person knows to ensure maximum coverage for a story you put it out at the beginning of the week. That gives pundits five days on the job to comment and amplify it. Conversely, if you are compelled to release information that you’d like to not get that kind of play, dumping it on a Sunday is as good as anything else.

    So when you’re the president and you’ve just made another of those tough calls (bin Laden raid!) that risked American lives, in this case, to bring “one of our own” home from a foreign battlefield, it’s kind of odd that the news comes out as it did recently about the “rescue” of Army Sergeant Bowe Bergdahl from years of Taliban captivity. Where are the tense you-are-there photos of Obama in the Situation Room like with bin Laden? The info-graphics of the high-tech gear our brave Special Forces used in the op? The leaked stories about how agonizing it all was for the president?

    It was almost as if Obama was ashamed of what he did. Likely, he is. And it’s all because of Guantanamo.

    Bowe Bergdahl and the Taliban

    It remains very unclear how Bowe Bergdahl ended up with the Taliban. There are clear suggestions that he willfully left his own unit. Without surprise, Fox News has the inside story from “senior Pentagon officials” laying out that case. Some soldiers in his former unit straight-out called him a deserter who aided the enemy and put American lives in danger. Maybe yes, maybe no, but definitely not the issue.

    One way or another, the United States owes its service members the ride home. They may face military court, or simply return to their lives, but leaving anyone behind is not right. But questions over Bergdahl’s motivations and actions are not what embarrases Obama.

    Back to Guantanamo

    The process that led to Bowe Bergdahl’s heading home is where we need to focus, and it points right back at the scab of Guantanamo.

    Since Day One of his presidency, and often repeated over the last six years, Obama said he wants to close Guantanamo. He should. Gitmo is an ugly stain, an off-shore penal colony where America daily commits violations of international standards once done only by its scummiest enemies. Gitmo’s existence is a powerful recruiting tool for bad guys everywhere, living proof that what they say about America is true. One only need look at the limited pictures available, or read the dribs and drabs of information that come out. Guantanamo proves we are our own worst enemy, and theirs.

    So close it already. Wait– Obama says he’d love to, but for a couple of problems. The two primary ones, the president has often said, are that some/many/a few of the people held there are hardened terrorists. They can’t be released without some assurance they will not return to the battlefield, and that’s damned hard to find.

    The second thing Obama just can’t get around is Congress, whom he keeps saying has tied his hands on this.

    Bad Boys: What’re You Gonna Do?

    The thing is that all those “reasons” were tossed aside pretty casually this weekend to get Bowe Bergdahl home. Five Taliban prisoners at Gitmo, among the worst of the worst (the U.S. government previously called one of them “one of the most significant former Taliban leaders detained”), suddenly got approved for a flight out. Those hard-to-find assurances that the baddies would not return to the fight were rubber-stamped by the Emir of Qatar. The ever-supportive Susan Rice piped up with the details: “…The Taliban prisoners [are] being monitored and kept in a secure way in Qatar.” The assurances include a one-year travel ban out of Qatar. Right. So that’s sorted.

    Obama added “The Qatari government has given us assurances that it will put in place measures to protect our national security.” The assurances are apparently recorded in a memorandum of understanding between the U.S. and Qatar, a copy of which Obama declined to release.

    There was not even much discussion over releasing the five. The process for getting there was rushed, according to U.S. intelligence officials. This time around there was no formal intelligence assessment for example of the risks posed by releasing the Taliban commanders. While some intelligence analysts looked at the issue, no community-wide intelligence assessment was produced.

    And About That Congress Thing

    As for Congress tying his hands, Obama was referring to statutory restrictions on the transfer of detainees from Guantanamo Bay. The statutes say the Secretary of Defense must determine that a transfer is in the interest of national security, that steps have been taken to substantially mitigate a future threat by a released detainee, and require the secretary notify Congress 30 days before any transfer.

    Secretary of Defense Chuck Hagel stated unambiguously he did not notify Congress. At all. Just didn’t.

    Administration officials explained when Obama signed the bill containing the latest version of the Gitmo transfer restrictions into law, he issued a signing statement claiming that he could lawfully override them under his executive powers. Signing statements were made popular during the Bush-Cheney years, and are essentially a fuzzy addendum that even though the president is signing a bill into law to avoid a veto fight, he just may not follow the actual law he just signed if he does not wish to.

    Another “administration official” added the circumstances of a fast-moving exchange deal made it appropriate to act outside the statutory framework for transfers, even though that statutory framework for transfers does not provide for any such circumstances.

    A funny thing is that just five days ago, Hagel was asked about the release of some other prisoners out of Guantanamo. Uruguay had agreed to accept them, but Hagel was not sure:

    Hagel said he was taking his time in reaching a decision about six detainees Obama had discussed with Uruguayan President Jose Mujica, as well as other detainees, in order to be sure that releasing them was the responsible thing to do. “I’ll be making some decisions on those specific individuals here fairly soon,” he told reporters.

    Hagel said the U.S. Congress had assigned him the responsibility of notifying it of a decision to release detainees.

    “My name goes on that document. That’s a big responsibility,” he said. “I have a system that I have developed, put in place, to look at every element, first of all complying with the law, risks, mitigation of risk. Does it hit the thresholds of the legalities required? Can I ensure compliance with all those requirements? There is a risk in everything… I suspect I will never get a 100-percent deal.”

    What a difference a few days can make, right Chuck Hagel?

    Close Guantanamo

    It is time. The Bowe Bergdahl episode proved that Obama can close Guantanamo, and he can do it quickly. Assurances of America’s safety, even from nasty Taliban leaders, require just a stroke of a pen from characters like the Emir of Qatar. Hands tied by Congress? Obama just went ahead anyway and is sitting back watching Congress fume. That whole business about not negotiating with terrorists? Um, not anymore. The fact that Bergdahl was held in ally Pakistan for five years, just like they harbored bin Laden? Whatever. People the U.S. captures are not POWs under the Geneva Conventions but we still do prisoner swaps? It’s complicated. Swapping prisoners 5 for 1? No problem.

    There is nothing stopping Obama from closing Guantanamo now except Obama.

    Mr. President, how about this? There are now some 143 human beings still being held in Guantanamo. Next prisoner swap that comes up, why not trade 143 for 1 and kill two birds with one stone?




    BONUS: Susan Rice told CNN, when asked whether this meant that the United States could no longer claim that it does not negotiate with terrorists, that she “wouldn’t put it that way.”

    Rice also opined that Bergdahl “served with distinction,” despite significant evidence to the contrary.

    “We didn’t negotiate with terrorists,” Hagel said in an interview on NBC. Since the negotiations were handled mostly by Qatar, the United States did not negotiate directly with the Taliban. The administration’s announcement of Bergdahl’s release said only that negotiations began several weeks ago through the government of Qatar, and there was no indication of any direct contact between the United States and the Taliban.


    BONUS BONUS: Chuck Hagel, I’ve met you, and we all know your personal story. When you were a Senator, you and your staff went out of the way to do the right thing. I saw it. You had balls. So how do you live with yourself nowadays?



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    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Memorial Day. Mourn Them, Mourn Us

    May 26, 2014 // 11 Comments »




    Memorial Day.


    3,441 Americans and allies have lost their lives in Afghanistan. An estimated 20,000 Afghans have died. Here they are. Scroll through their lives. Ask why they are dead and not here today. Mourn them, mourn us.

    Americans and Allies

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    Afghans

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    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Thank You Penn State!

    May 18, 2014 // 6 Comments »

    My thanks again to the students and faculty of Penn State (especially Professor Dennis Jett) for hosting me to speak about Iraq, my experiences at war with the Department of State and my new book Ghosts of Tom Joad.



    It is a positive and gratifying thing to realize that there are young people passionately interested in what is happening to our nation, and who instinctively grasp the connection between the horrific loss of life and spending of taxpayer money in wars like Iraq (Afghanistan, Libya, etc.) and the decay here at home. Why did we waste so much building things and trying to promote businesses in Iraq when so much is needed at home? they asked. They got it.


    There were also a number of foreign students, from China, Turkey, Japan and elsewhere taking notes on our America. I think they got it too.



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    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Torture Laid Bare at Nuremberg, and Maybe Guantanamo?

    May 7, 2014 // 19 Comments »




    In another time and place, the intentional mistreatment and torture of human beings, often with the assistance of medical doctors and learned men and women, was made public to destroy it. But open justice at Nuremberg and hidden justice at Guantanamo are so very, very different.


    Or maybe not. New details in the trial of Abd al-Rahim al-Nashiri may give the world the clearest view yet of America’s torture program.

    Nuremberg

    Following World War II the United States and its Allies could have easily executed Nazis responsible for the Holocaust at a black site, or simply have thrown them into some forever jail on an isolated, island military base. It would have been hard to find anyone who would not have supported brutally torturing them. Instead, those evil men and women were put on public trial at Nuremberg, supplied with lawyers and made to defend their actions as the evidence against them was laid bare. The point was in part to demonstrate justice, that We were better than Them. The hope was also to ensure it all would never happen again.

    Though the scale remains very different, the intentions and actions echo across the decades. The United States, as a policy of our nation, used its full range of global resources to kidnap, imprison and torture human beings for its political aims. Now, in an obscene reimaging of justice, that same United States government works to the extent of its ability to hide what it did.

    What it did was torture. Here’s how the United States is trying to hide it.

    The Sham of Justice

    Trials of a sort are ongoing at Guantanamo. The case of Abd al-Rahim al-Nashiri, a Saudi accused of orchestrating the 2000 bombing of the destroyer USS Cole, is underway.

    Nashiri was held in CIA “black sites” and was one of three prisoners that the United States admits waterboarding. The CIA’s inspector general called Nashiri the “most significant” case of a detainee who was brutalized in ways that went beyond even the tortures approved by the Bush administration, including being threatened with a power drill. A specialist in treating torture victims (prosecuters aggressively tried to disqualify the witness as an expert) testified that Nashiri had been subjected to “physical, psychological and sexual torture.” As part of his torture, Nashiri was analy raped.

    Nashiri no doubt remembers every detail: his own screams, the looks on his torturers faces as they broke him, what they said to him about freedom and America as he was beaten, raped and waterboarded. But at Guantanamo, Nashiri’s lawyers cannot introduce those tortures as part of his defense, because the U.S. government classified them. Nashiri cannot discuss the details of his own torture at his own trial, nor can his lawyers access CIA files of his torture. They are classified.

    Even the court at Guantanamo found this too far from any concept of justice, and ordered the government to release the documentation, albeit still with the classifications, to Nashiri’s lawyer.

    (BACKGROUND: At one point government prosecutors argued against the release order as too broad, stating at one point that the defense must specify exact documents by name, impossible as even such details are classified– a Catch 22. Also in Nashiri’s case, the government admitted it had “inadvertently” accessed confidential e-mails among Nashiri’s defense lawyers made via Guantanamo’s computer systems. No mistrial was declared.)


    Torture Records Sought, Fought

    Despite the court’s order that the torture records be released to the defense team (the team also seeks testimony from the CIA torturers themselves, who, if they are indeed compelled to speak of their actions in front of their victim, will be allowed to testify under false names), the government is now arguing in a new motion that they should not be required to release any records.

    The government’s argument would be funny in less dire circumstances. In an motion, prosecuters state the chief reason not to release the torture documents is that information from Gitmo should not get ahead of information that may be made public out of the White House at some vague future date.

    (BACKGROUND: The Senate Intelligence Committee voted April 3 to ask the Obama administration to declassify a lengthy executive summary of its investigative report on the torture and rendition program. The administration punted the issue to CIA claiming they had to review the document and make redactions first. There is no target date for release even now, more than a month since that process should have started.)

    The real reason for trying to block release of the documentation of Nashiri’s torture however seems darker than just wanting to avoid upstaging the White House: Prosecutors at Gitmo likely remain fearful that the unredacted documents pertaining to Nashiri’s torture may reveal far more heinous actions by the government than whatever sanitized version emerges from the CIA-edited version. Here’s why.


    Why the Government is Trying to Block Release of the Documents

    The goal of the defense in seeking the torture records is to show that Nashiri’s treatment was so outside any standards of accepted human behavior that any statements or confessions he made should not be admissible in the trial designed to determine if he should now be executed. The defense also seeks to show that the traumas purposely inflicted on Nashiri, and the lack of medical care afforded him afterwards, rendered him so psychologically damaged that he is not competent to stand trial in defense of his own life.

    At the same time, these same documents could provide the clearest picture to date of the U.S. government’s torture program. That’s what the prosecutors in Guantanamo are very likely really trying to suppress. Specifically, why is the government so scared? Have a look at what the current judge’s order requires them to produce:

    – A chronology identifying where Nashiri was held in detention between the date of his capture to the date he arrived at Guantanamo Bay, Cuba in September 2006; [NOTE: Nashiri was captured in Dubai and believed to have been held in Afghanistan, Thailand, Poland, Morocco, and Romania.]

    – A description of how Nashiri was transported between the various locations including how he was restrained and how he was clothed;

    – All records, photographs, videos and summaries the Government of the United States has in its possession which document the condition of Nashiri’s confinement at each location, and Nashiri’s conditions during each movement between the various locations; [NOTE: The CIA destroyed video of Nashiri's waterboarding in 2005.]

    – The identities of medical personnel (examining and treating physicians, psychologist, psychiatrists, mental health professionals, dentists, etc.), guard force personnel, and interrogators, whether employees of the United States Government or employees of a contractor hired by the United States Government, who had direct and substantial contact with Nashiri; [Note that former CIA case officer John Kiriakou is currently serving a sentence in federal prison for revealing the identity of a CIA staffer involved in the torture program.]

    – Copies of the standard operating procedures, policies, or guidelines on handling, moving, transporting, treating, interrogating, etc., high value detainees at and between the various facilities;

    – The employment records of individuals identified memorializing adverse action and/or positive recognition in connection with performance of duties at a facility or in transporting Nashiri between the various facilities;

    – The records of training in preparation for the performance of duties of the individuals at the various facilities or during transport of Nashiri;

    – All statements obtained from interrogators, summaries of interrogations, reports produced from interrogations, interrogations logs, and interrogator notes of interrogations of Nashiri and all co-conspirators identified on the Charge Sheet dated 15 September 2011; [Note the date. Despite the USS Cole bombing having occurred 11 years earlier, Nashiri was not charged with any crime until four days after 9/11.]

    – Un-redacted copies of requests with any accompanying justifications and legal reviews of same to employ Enhanced Interrogation Techniques on Nashiri and all co-conspirators;

    – Un-redacted copies of documents memorializing decisions (approving or disapproving), with any additional guidance, on requests to employ Enhanced Interrogation Techniques on Nashiri and all co-conspirators.


    What if Nashiri Wins?

    Ahead, many things are unclear. Prosecutors may win their motion now in front of the Gitmo judge, meaning some or all of the documents will not be released. They may succeed in editing or redacting what is released. They may block Nashiri’s lawyers from discussing in any public forum what is contained in the documents, meaning even their release will never see the information leave Guantanamo.

    But what if Nashiri wins?

    If, against very long odds, Nashiri wins, and if some or all of the documents are made public, the world will learn in much of the same banal evil of detail as from Nuremburg what the United States has done in the name of its own twisted definition of freedom.

    The world will learn– maybe by name– who did these things and thus have the ability to someday hold them responsible for their acts, should we acquire the courage to do so. It will learn in part who authorized and approved torture, and what efforts were made to train and equip the men and women who carried out that torture.

    Of most value to us all is that these detailed records from the case of Nashiri will pressure Obama to release the more comprehensive record of torture he and his CIA now hold in their hands. The sanitized version of events the White House would likely prefer to release would not stand up to the details that might be heard in Guantanamo.

    Obama and the CIA have to feel now that the troops are closing in on their bunker in Berlin. What will they do, now, with their enemy at the gates?

    We learned significant details of the torture program already out of Guantanamo, through the testimony of a psychiatrist in the trial of Shaker Aamer.




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    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    War Toys for Kids: Back to the Future in Afghanistan

    April 29, 2014 // 2 Comments »

    The things people do for money. At least I hope it is for money because if anyone stills believes this stuff they are in sad, sad shape.

    Drops in the Ocean

    Lt. Commander Jennifer Cragg at “NATO” headquarters in Afghanistan brings us (only on the “NATO” website of course; even the lamest of the main stream media has abandoned this meme) the story of one person who has “made a difference” in Afghanistan. Please have tissues at the ready to soak up your tears, then read:

    Alfredo Memmer, a German citizen who has worked here since 2008, helped launch a charity organization called Basic Needs Support of Afghanistan. Memmer has consistently found ways to impact the lives of dislodged women and children since arriving in Afghanistan.

    “Since my arrival I participated in various toy collections and clothing drives for displaced women and children,” said Memmer. “The creation of BNSOA is seen as a legacy to the innocent lives taken too early.”

    “Our efforts might look like a small drop in the ocean, but many drops can also form an ocean.”

    The article goes on to say that the organization gives away donated clothing, food, blankets, shoes and toys.

    An Ocean of Dumb in Iraq

    Was it really only just a few years ago when these same stories, with nearly the same wording, ran in the steady flow of news explaining how well things were going in Iraq? Hit the Google with the search term “iraq giving toys to children” and you’ll come up with pages of photos. And they are all the same: a U.S. service member dressed like a Space Marine handing over some plastic piece of junk to some kid. Sometimes one or both are smiling, often times not. The images feel more like some freakish form of pedophlia than even decent propangada.

    As for the similarity of the glowing press releases, here’s just one from Iraq plucked out of the Internet Cosmos:

    It’s a lesson in contrasts. A heavily-armed American soldier giving away stuffed toys to children in Iraq.

    Barbara Cerniauskas [whose husband is deployed in Iraq]: “It really is just a small way that we can reach out to them and show them that our soldiers are there to help.”

    “No matter how you feel about the war, the children are just innocent bystanders.” These toys could even help save lives. There are reports from soldiers about children warning them of dangers from land mines and buried bombs.

    “We are doing something to maybe, you know, open the door to a new generation that will see that freedom and peace are possible. This is just a little token to maybe get it started.”

    Like the idea itself, many of the organizations that enthusiastically sprung up to donate stuff to kids when the wars were a “thing” are gone. FYI: The kids are still there. For example, Operation International Children (OIC), founded in 2004 by actor Gary (“I’ve lived off being Lt. Dan forever, suckers”) Sinise “to reach out to children in war-stricken countries and support American troops in their efforts to assist them” closed down. In its so-long message, the group reminded us all that “We believe those moments of joy [following a kid whose parents were killed in a drone strike getting a used made-in-China toy] have the potential to bring about great change and our joy comes from the knowledge that we have worked together to make that possible.”

    If you really, really want more such stories, including lots of wacky propaganda examples from Iraq, they are a Google away, or, conveniently, in my book, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People


    Oceans of Garbage

    But we digress. That NATO charity group in Afghanistan says “Our efforts might look like a small drop in the ocean, but many drops can also form an ocean.” One might ponder the fact that the U.S. and “NATO” have been leaving drops of hope all ver Afghanistan now for 13 years and haven’t managed to form a puddle, never mind an ocean. Perhaps more specifically in answer to the small drops add up to an ocean analogy, one could cite an alternative old saying about the value of “pissing into the sea.”



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    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    On the Death of Anne Smedinghoff, Three U.S. Soldiers and an Interpreter

    April 25, 2014 // 8 Comments »

    The Chicago Tribune gained access to the U.S. Army’s report on the death of State Department Foreign Service Officer Anne Smedinghoff in Afghanistan.

    She was only 25 years old. She was one of three American civilians, three soldiers and a local interpreter killed in what was once the deadliest day of last year for Americans in Afghanistan. There’s always a new record set.

    Because karma demands balance, the same day that Anne was killed “NATO” forces accidentally killed ten Afghan children in an air strike. The children’s crime was being in a house of a suspected Taliban man. Neither the U.S. Army report, nor any of Anne’s official mourners at State, mentioned the ten dead kids. Nothing about them in the Tribune story this week either.

    The mission in which the four on the American side gave their lives was to allow a visiting State Department VIP participate in a book give-away to local Afghan kids, surrounded by media. These events were common in Iraq, and are common in Afghanistan, and are designed to generate “positive visuals.”

    Failed at All Levels

    The Army report cited by the Tribune (the State Department report on the incident remains forever classified) lays out in black and white what most people with knowledge of what really happened already knew: poor planning that “failed at all levels” led to the deaths. Specifics:

    “The [security for Anne] platoon did not know the exact number of people they were escorting, they did not conduct a formal risk assessment, they did not have a specific threat analysis, and they had the wrong location for the school.”

    The State Department shared too much information with Afghan officials, and the group may have been targeted because specifics on the event’s exact time and who would attend “had leaked out.”

    The book event at the school was characterized in military briefings as a “Media Extravaganza.” One soldier wrote in a statement that he described the event as providing “Happy Snaps,” or photo opportunities, for top officials in Kabul. The company supplying the books also desired “more media reporting.”


    The people who created the mission that killed Anne have blood on their hands. However, in a statement in response to the new report, the State Department spokesperson only said “The only people responsible for this tragedy were the extremists opposed to the mission.”

    Dying for a Mistake

    A current Foreign Service Officer (FSO) meme is that if only they were not bound by overly-strict security rules, they would have been more successful in Afghanistan (Iraq, Somalia, Libya, Pakistan…) Diplomats, many say, perhaps in an attempt to seem less flaccid next to the military, should be allowed to assess their own risk. After all, they volunteered to be in harm’s way no less than the soldiers who die every day around them. Such a theme is present in Rajiv Chandrasekaran’s book Little America: The War Within the War for Afghanistan.

    Without disparaging Anne, though she too was perhaps naive, there is that question about risk. The issue is that almost no FSOs in the field are in a clear position to assess risk. Having done my own time in wartime Iraq, I rarely had access to the full intel picture, never knew who the Embassy had or had not told about my movement outside the wire and never knew what military action might have taken place before I got there. And what specific knowledge or training did I, or most any FSO, have on military tactics and risk assessment? I was in a very, very poor position to assess risk.

    Instead, I trusted the State Department and others, as did Anne. What seems to have happened to her in part is that the desire to hold yet another pointless media event overshadowed a proper risk assessment by professionals and the taking of proper steps to mitigate that risk. To me, the “hero” tag applies when one knowingly acts, consciously setting aside personal safety (like running into a burning building to save a child), not when someone is gullible enough to stumble into something.

    Everyone a Victim

    As for the “helping others” part, well, I wrote a whole book about how little help we gave to Iraqis. In Anne’s case, her mission that day seemed highly skewed toward a VIP photo-op, what the Army called “Happy Snaps” and offered little to the Afghans except the chance to again serve as props for our attempts to dis-portray reality. How did the Afghan kids who were to receive books from Anne and the Afghan kids who were blown up by NATO that same day differ? Just an accident of location. Everyone was a victim.

    In Iraq during my own service I came to realize I was putting my life, and those of the soldiers around me, at jeopardy so someone in Washington could have fresh photos for another Powerpoint proving we were winning. It would have been a poor exchange of my life if I had been killed doing that, and, with respect to the dead, it was a poor exchange for Anne, the three soldiers, and the interpreter.

    For this is what we sacrifice our young, bright and energetic for.



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    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Morris Berman: Home of the Brave

    April 19, 2014 // 7 Comments »

    We’ve talked about historian Morris Berman before here, and his view of a fading (some say faded) American economy and society. If you’re not familiar with his work, read a previous blog post, or visit his own website to catch up.

    With Dr. Berman’s permission, we’ve reprinting one of his recent essays.

    Home of the Brave

    One of the more famous quotes made by Nelson Mandela during his lifetime has been curiously omitted by the mainstream American media in the gushing obituaries that have recently appeared. It goes like this: “If there is a country that has committed unspeakable atrocities in the world, it is the United States of America. They don’t care for human beings.”

    I had occasion to remember this remark upon recently reading a review of Stephen Kinzer’s book The Brothers: John Foster Dulles, Allen Dulles, and Their Secret World War, recently published in the NYTBR. Kinzer used to work for the NYT, then switched over to The Guardian, and in between wrote two important books on American interventionism: All the Shah’s Men: An American Coup and the Roots of Middle East Terror and Overthrow: America’s Century of Regime Change from Hawaii to Iraq—both of them powerful indictments of U.S. foreign policy. He now returns to the scene with a biography of the Dulles brothers, John Foster and Allen.

    The opening paragraph of the Times review is worth quoting in full:

    Anyone wanting to know why the United States is hated across much of the world need look no farther than this book. The Brothers is a riveting chronicle of government-sanctioned murder, casual elimination of ‘inconvenient’ regimes, relentless prioritization of American corporate interests and cynical arrogance on the part of two men who were once among the most powerful in the world.

    Both brothers, Kinzer tells us, were law partners in the New York firm of Sullivan & Cromwell, the firm that, in the 1930s, worked for I.G. Farben, the chemicals conglomerate that eventually manufactured Zyklon B (the gas used to murder the Jews). Allen Dulles, at least, finally began to have qualms about doing business in Nazi Germany, and pushed through the closure of the S&C office there, over John Foster’s objections. The latter, as Secretary of State under Eisenhower, worked with his brother (by now head of the CIA) to destroy Mohammed Mossadegh in Iran, Jacobo Arbenz in Guatemala, and Patrice Lumumba in the Congo, among others. The two of them pursued a Manichaean world view that was endemic to American ideology and government, which included the notion that threats to corporate interests were identical to support for communism. As John Foster once explained it: “For us there are two kinds of people in the world. There are those who are Christians and support free enterprise, and there are the others.” It was not for nothing that President Johnson, much to his credit, privately complained that the CIA had been running “a goddamn Murder Inc. in the Caribbean,” the beneficiaries of which were American corporate interests.

    The destructiveness of the Dulles brothers in foreign policy was mirrored by what went on in their personal lives. They were distant, uncomfortable fathers, not wanting their children to “intrude” on their parents’ world, and they refused to attend the wedding of their sister, Eleanor, when she married a Jew. At home and abroad, the two of them were truly awful human beings. But the most trenchant comment made by Kinzer reflects an argument I have repeatedly made, namely the relationship between the macrocosm and the microcosm. “They are us. We are them,” says Kinzer, and this is the God-awful truth: that it is a rotten culture that produces rotten representatives. Americans benefited, materially speaking, from the corporate profits generated by the violence fostered by the CIA and the State Department, and didn’t say boo. They mindlessly got on the anti-Communist bandwagon, never questioning what we were doing around the world in the name of it. Their focus was on the tail fins of their new cars, and the new, exciting world of refrigerators and frozen foods, not on the torture regime we installed in Iran, or the genocide we made possible in Guatemala.

    By the latest count, 86% of them can’t locate Iran on a world map, and it’s a good bet that less than 0.5% can say who John Foster Dulles was. When Mandela says that “they don’t care for human beings,” we have to remember that the “they” is not just the U.S. government; it also consists of millions of individual Americans whose idea of life is little more than “what’s in it for me?”—the national mantra, when you get right down to it. The protesters who marched in the streets against our involvement in Vietnam, after all, amounted to only a tiny percentage of the overall American population, and it’s not clear that things have changed all that much: 62% of Americans are in favor of the predator drone strikes in the Middle East that murder civilians on a weekly basis. You don’t get the Dulleses rising to the top without Mr. John Q. Public, and he is as appalling as they. Like the Dulleses, he typically believes in a Christian world of free enterprise vs. the evil others who do not, “thinks” in terms of Manichaean slogans, and is not terribly concerned about anyone outside his immediate family—if that. America didn’t get to be what it is by accident; this much should be clear.

    “They are us. We are them.”

    ©Morris Berman, 2013



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    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Did You Know We Won in Afghanistan?

    April 14, 2014 // 10 Comments »

    You’ll be forgiven if you somehow had come to the conclusion that the U.S. has not won the 13 year war in Afghanistan.

    You might have been mislead by the constant “Blue on Green” attacks, where people in “Afghan Army Uniforms” kill their American comrades. Or that the Taliban still controls whole provinces. Or that drug exports are up since the war started. Or that Kabul is regularly attacked. Or that Afghanistan’s leaders, led by Hamid “Da’ Fresh Prince” Karzai have funneled billions of U.S. dollars into their own accounts in Dubai while flipping off ol’ Uncle Sam. Or whatever is on in Pakistan. Or that after 13 years, trillions of dollars and uncountable loss of life Afghanistan is pretty much still a dangerous, awful place unlikely to host a Spring Break parteeeee anytime prior to the Sun imploding into a black hole (namecheck: Neil Freakin’ Degrassee Tyson!)

    Why We Fight

    Anyway, forget all that because the ever-reliable Fiscal Times says we won. OK, that’s sorted. Here are some highlights from their recent victory lap article (emphasis and laugh-track added).

    First, some Fiscal Times background on the war. Forget 9/11, or bin Laden, or bases. The real reason we have been at war in Afghanistan is revealed to be:

    We are fighting an insurgency based in the Pashtuns, a majority ethnic group that has always ruled modern Afghanistan. If the Taliban regained enough support among that base, their overthrow of the Kabul would be very possible.

    Not sure how much of that insurgency was there before we arrived, or how much was born because we arrived, but at least it is not 9/11 again.

    Afghanistan Doesn’t Really Need a Strong Government

    But don’t worry, because we have an ace in the hole:

    The saving grace for us is that Afghanistan doesn’t have to have a strong central government.

    Good. Despite another recent round of “purple fingers” photos that mean Democracy! the State Department has been right all along. Their total failure to build a strong central government has been part of the plan. Crazy yes, but like a fox.

    The Afghan Local Police will Save the Day

    It gets better. Fiscal Times:

    There are recent reasons for optimism, however. One is the growth of the Afghan Local Police (ALP), which began in 2010 as a program that recruited rural Afghans to protect their own villages. The ALP has been so strategically successful that their authorization has expanded from 10,000 to 30,000 fighters (My Note: That authorization takes the form of the U.S. Congress agreeing to pay for more.) The most recent Pentagon report on the war said that the ALP was “one of the most resilient institutions in the ANSF,” or Afghan National Security Forces, with the ANSF’s highest casualty rate.

    I got nothing. If anyone believes a high casualty rate means winning, I can’t top that. Also, here’s a neat argument that the police are just another brand of lawless militia plaguing Afghanistan. Another on when the U.S. suspended training for the ALP because of too many insider attacks. Here’s one about how the ALP engages in human rights abuses such as “rape, arbitrary detentions, forcible land grabs, and other criminal acts” and how the ALP favors warlordism. Anyway, that’s all in the past now.

    Key to Victory: Use U.S. Money to Pay Off Warlords. Or Kill Them

    Moving on:

    The second necessity for victory is a responsible-looking central government with which foreign countries can interact. To be a sustainable recipient of Western aid, Afghanistan simply must have a more sympathetic government than Hamid Karzai or somewhat thuggish local power brokers. Only with a regular supply of Western aid will the Kabul government be able to bribe the regional powerbrokers to tilt towards it, and stay within our commandments. And if they don’t – if they really don’t, and flaunt it – then eventually they may have to die. An American high-end special operations capability in Afghanistan is critical not for Al-Qaeda and other transnational terrorists, but also to drop the hammer if local warlords step too far out of line.

    Leaving aside the obvious contradiction that Afghanistan doesn’t need a strong central government and Afghanistan does need a strong central government only a few paragraphs apart, Fiscal Times does get a gold star for turning the use of U.S. money to bribe warlords into paid-for cooperation into a positive thing. In most instances paying protection money to thugs is sort a dead end street (they usually keep demanding more and more money.)

    The kill them all idea is just rich. Hasn’t that sort of been the failed policy for the past 13 years? What kind of unmedicated mind can even write that stuff? I’m sure our elite special forces community is also now proud of their role as Mafia enforcers.

    Time to Declare Victory and Leave

    It is time. Thirteen years of a war that no one can even agree anymore what it is about is enough. If it helps you sleep better, sure, we won. Is that enough? Can we just stick a U.S.-funded knife into this and slink away? Syria is calling.



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    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Captain Phillips Goes to Libya

    March 19, 2014 // 7 Comments »

    So here’s today’s puzzler: when is it cool to take over a ship in international waters and when is it piracy?

    Captain Phillips Goes to Libya

    A major American movie this year was Captain Phillips. It told the story of a brave ship captain (played by American Hero Tom Hanks) and the brave Navy SEALS who recaptured his ship off the coast of Somalia after it was hijacked by pirates who boarded it in international waters.

    For more than a week, an oil tanker from somewhere floated in the Mediterranean. The tanker at one point flew a North Korean flag, but even the North Koreans have disavowed any connection. The Libyan government announced they were going to bomb the tanker “into scrap” but somehow that did not happen and the ship put to sea.

    On March 17, U.S. Navy SEALS boarded the ship in international waters and seized it. Supposedly no shots were fired, and American Sailors took control of the ship and are sailing it back to Libya. No word on what happened to the “pirates” aboard. The “pirates” were “Libyan rebels” who were seeking “the black market.”

    The funny part is that the pirates/rebels, under their militia leader Ibrahim Jadran, had been recruited by the Libyan government to guard crucial oil ports. But eight months ago, they instead seized them, blocked some oil exports, and demanded shared revenues for their eastern region where most of the oil originates. Jadran, for his part, says the Libyan government is corrupt and unfit to rule.

    So Why the U.S.?

    Why did the U.S. do this? Grab a ship full of oil in international waters?

    The oil belongs “to the Libyan National Oil Company and its joint venture partners,” State Department spokeswoman Jen Psaki explained. Those partners included some U.S. companies, which one guesses is the connection to the United States here. Supposedly the Libyan and for some reason the Cypriote governments requested the U.S. to do all this out in international waters.

    Psaki also said “Any oil sales without authorization from these parties places purchasers at risk of exposure to civil liability, penalties and other possible sanctions.” This would presumably involve someone suing the pirates for something. The imagine of lawyers parachuting in with the SEAL team is amusing.

    Also, per the New York Times, “the American intervention is a salvation to the fragile transitional government in Tripoli, the Libyan capital, which would have faced the loss of its main source of revenue and its sole source of political power if renegade militias succeeded in selling Libya’s oil.”

    Libya has seen its oil exports shrink to just 12.5 percent of its output since U.S. led bombing campaign that led to the death of longtime leader Qaddafi. Oops.

    Iraq Redux

    So, as a status check, here we are in late Winter 2014: shilling for American oil companies with the SEALS while trying to prop up a crappy U.S. puppet government in a country the U.S. helped turn from stability to chaos. Now, this is payback, or more like rent due: after making the same promises for Iraq and seeing those fall through, the USG is now showing it is indeed a government of its word.

    P.S. Denizens of the internet: I get it that the Somali’s boarded Captain Phillips’ ship to steal it, and the SEALS boarded the Libyan tanker to steal it back. The point here is to examine the use of military power for the sleaziest of purposes while trying to bathe it all in the perfume of truth, righteousness and the American Way.



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    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    When Does the Torture End?

    March 14, 2014 // 14 Comments »




    While the unfolding Constitutional crisis over the CIA’s spying on Senate staffers reviewing the torture program continues, all media accounts are quick to add to their articles a variant of the phrase that “Obama discontinued the enhanced interrogation programs soon after coming into office.”

    That is not true.

    Force-Feeding at Guantanamo

    Imad Abdullah Hassan has spent twelve years in Guantanamo in a cage without ever being charged with anything. A judge cleared Hassan for release, finding there was not enough incriminating evidence to justify keeping him imprisoned. Hassan’s clearance came in 2009, yet he remains at America’s off-shore penal colony without explanation or hope of release. He went on a hunger strike in protest (the U.S. military refers to it as a “long-term non-religious fast”), and is being force-fed.

    Hassan is now suing the president of the United States, claiming the conditions under which he is being force-fed at Guantanamo are torture. The lawsuit Hassan filed describes his treatment:

    – Prisoners are strapped to a hospital bed or special restraint chair for feeding.

    – Large tubes are used, and they cause undue pain when forced into the nostrils of the prisoners. Hassan was originally force-fed with a Number 8 gauge tube, later increased to a Number 14 that barely fit as it was pushed through his nostril into his stomach.

    – A funnel was used to channel large amounts of liquid into the tube to feed him faster.

    – So much liquid was forced through that the second time Hassan underwent this procedure, he lost consciousness and spent two days in critical condition.

    – Prisoners were force-fed drugs causing them to defecate on themselves as they sat in the chair being fed. “People with hemorrhoids would leave blood on the chair and the linens would not always be changed before the next feeding,” said Hassan in the lawsuit.

    – Prisoners would be be strapped down on top of others’ stool and blood for up to two hours at a time.

    – Hassan was at times forcibly sedated so he could be force-fed more easily.

    – If Hassan vomited on himself at any time during the procedure, the force-feeding would restart from the beginning.

    – Guards took Hassan and two others to another prison block so that others would see what was being done to them, as a deterrent.

    – Air-conditioning was sometimes turned up and detainees were deprived of a blanket. This was particularly difficult for the hunger strikers, as they felt the cold more than someone who was eating.

    – Guards would bang hunger-striking prisoners’ cells every five minutes day and night to prevent sleep.

    – The force-feeding procedures described in the lawsuit were done twice a day, every day, on prisoners.

    – Even after Hassan broke down at one point and began eating again, he continued to be force-fed anyway.

    – Hassan’s recorded weight fell from 119 pounds to 78 pounds. The military, in its force-feeding manual, states “Patients with weight loss can be expected in any detained population.” The manual advises “When detainees are weighed… wearing shackles or other restrictive devices, the weight of those devices will be subtracted from the measured weight.”

    – Hassan has been force-fed in this manner for eight years.


    Why Doesn’t He Just Eat?

    At this point some will be asking: why doesn’t Hassan just eat? That would stop the force-feeding torture.

    It is likely Hassan himself has thought about the same question. In my former career working for the Department of State, I was responsible for the welfare of arrested Americans abroad. Many threatened hunger strikes for reasons ranging from superficial to very serious. However, in my 24 years of such work, only one prisoner carried it out for more than a day or two, taking only small sips of water for days. His captors, one of America’s allies in Asia, choose to not force-feed him, stating due to the nature of his political crime that they’d prefer to see him die.

    I watched the man deteriorate before my eyes, starving to death in real-time. It requires extraordinary will and strength to do that, pushing back against all of evolution and biology screaming inside your head to just eat. Close to death, the man choose to stay alive and eat for the sake of his family. It is no casual decision to do what Hassan is doing. Something very important must be at stake for a man to do what Hassan has done.

    For eight years.

    And of course Hassan was still force-fed at one point when he did start eating. Imprisoned wrongly in the first place, and cleared to leave Gitmo for the last five years but still locked up, Hassan is worthy of protesting his incarceration via the only means available to him. He also understands that the force-feeding is not about keeping him alive per se, but about forcing him and others to comply with his jailers.


    Dr. Mengele at Gitmo

    The procedures at Guantanamo (as well as at the CIA Black Sites) are performed by or supervised by U.S. military and CIA doctors who, though they had taken the Hippocratic Oath to do no harm to a patient, do anyway.

    The Institute on Medicine as a Profession (IMAP) issued a lengthy study on the abandonment of millennia-old medical ethics in the post-9/11 U.S. torture programs. IMAP is a respected source of ethical comment; its board members include physicians from Columbia University, Harvard, the University of Toronto, Johns Hopkins, Boston University and a number of other prominent hospitals and medical research facilities. These are non-political, dispassionate people whose work has ended up as political under the extraordinary circumstances of our world.

    IMAP produced a report entitled Ethics Abandoned: Medical Professionalism and Detainee Abuse in the War on Terror, based on two years of review of public records. The report details how military and CIA policies institutionalized a variety of acts by military and intelligence agency doctors and psychologists that breached ethical standards. These include:

    – Involvement in abusive interrogation;

    – Consulting on conditions of confinement to increase the disorientation and anxiety of detainees;

    – Using medical information for interrogation purposes; and

    – Force-feeding of hunger strikers.

    In addition, IMAP says that military policies and practices impeded the ability to provide detainees with appropriate medical care and to report abuses against detainees under recognized international standards. The report explains how agencies facilitated these practices by adopting rules for military and CIA health personnel that substantially deviate from ethical standards traditionally applied. For example, violations of ethical standards were “excused” by designating health professionals not as doctors, but as “interrogation safety officers,” personnel not bound by any ethics.


    Medical Ethics

    The basis of medical ethics, the Hippocratic Oath which says “first, do no harm,” is understood in the real world to come into conflict with the demands on doctors in wartime. Such complicated circumstances have been dealt with, and evolved standards do exist. Here are some from a recognized international body:

    Voluntary consent of the human subject is absolutely essential. This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, over-reaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision… [procedures] should be so conducted as to avoid all unnecessary physical and mental suffering and injury… proper preparations should be made and adequate facilities provided to protect the experimental subject against even remote possibilities of injury, disability, or death.

    These standards were written in 1947 in Nuremberg, Germany, to guide future medical experimentation on human beings held captive. The authors were Americans sitting in judgment of 23 Nazi physicians accused of murder and torture in the concentration camps. Of course many will argue circumstances in Dachau and Guantanamo are different; this is true. The former was run by the Third Reich and the latter by the World’s Indispensable Nation.


    Bad Dreams

    It is like I’ve had a bad dream and awoken to remember it all.

    As pundits falsely applaud the end of the U.S.’ torture regime following the election of Barack Obama, one should spare a thought for those 154 people still in Guantanamo who still endure America’s pointless wrath. The irony that the same president who said he ended torture also said he would close Guantanamo once in office is noted, but is really not much more than another spot on the white wall we imagine we are as a nation.

    Why do we do it? The doctors who conduct the torture are not stupid, especially evil as we traditionally define it, or unaware of the ethics of their profession. They know as well as anyone Hassan is approved for release, and so even any piggish notions of revenge or pay back do not apply. Some of the doctors involved were likely in junior school when 9/11 happened and know about that day the same way they know about Gettysburg or the Battle of the Bulge.

    We might also remind ourselves that after their military careers, some of those same young doctors will move among us in private practice, perhaps holding their dark secrets inside, perhaps enjoying them a bit too much in private moments.

    I don’t know why they do it. They’ll say, perhaps to themselves in some death-bed moment of desperate remorse, that they were only following orders. One hopes their god is more understanding, because we here have heard that one before.



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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    A Government Turning the Tools of War on Its Citizens

    March 3, 2014 // 25 Comments »



    While poets and psychologists talk about soldiers bringing the battlefield home with them, in fact, the U.S. is doing just that. More and more, weapons, tactics, techniques and procedures that have been used abroad in war are coming home, this time employed against American Citizens.

    A front-page article in the Washington Post confirms that wartime surveillance blimps– aerostats– used in Iraq and Afghanistan will now monitor most of the Northeast United States. The aerostats will be able to track individual cars and trucks as they move about their business.

    Welcome Home Aerostat

    The latest (known) example of war technology coming home is the aerostat, a medium-sized blimp tethered high above its target area. Anyone who served in Iraq or Afghanistan will recognize the thing, as one or more flew over nearly every military base of any size or importance (You can see photos online).

    What did those blimps do in war? Even drones have to land sometime, but a blimp can stay aloft 24/7/forever. Blimps are cheaper and do not require skilled pilots. Blimps can carry literally tons of equipment, significantly more than a drone. The blimps can carry any sensor or technology the U.S. has available, suspending it at altitude to soak up whatever that sensor is aimed at– cell calls, radio waves, electronic whatevers. The aerostats also carried high-powered cameras, with heat and night vision of course. While in Iraq, I had the aerostat video feed on my desktop. Soldiers being soldiers, occasional diversions were found when a camera operator spotted almost anything of vague interest, including two dogs mating, an Iraqi relieving himself outdoors or on really dull days, even a person hanging out laundry. The device obviously also had much less benign tasks assigned to it.

    The war has come home again, as the Army confirmed that by summer 2014 at least two of these aerostats will be permanently over the Washington DC area. They will be run by the Army, using operators who likely learned their trade at war. The aerostats are brought to you by the Raytheon company, who also makes some of America’s favorite weapons and surveillence gear.


    Armor, Drones and Armed Drones

    Others have written about the rise of warrior cops. Armored military-style vehicles are now part of most big-city police forces, as are military-style weapons. The FBI has admitted to using drones over America. In a 2010 Department of Homeland Security report, the Customs and Border Protection agency suggests arming their fleet of drones to “immobilize TOIs,” or targets of interest.

    Stingray Knows Where You Are

    Much of the technology and methodology the NSA and others have been shown to be using against American Citizens was developed on and for the battlefields of Iraq and Afghanistan, in particular the advanced use of cell phones to track people’s movements.

    A technique now at use here at home is employing a fake cell phone tower under a program called Stingray. Stingrays spoof a legitimate cell phone tower in order to trick nearby cellphones and other wireless devices into connecting to the fake tower instead of a nearby real one. When devices connect, stingrays can harvest MAC addresses and other unique identifiers and data, as well as location information. To prevent detection, the stingray relays the call itself to a real tower so the pickup is transparent to the caller. By gathering the wireless device’s signal strength from various locations, the Feds can pinpoint where the device is being used with much more precision than they can get through data obtained from the mobile network provider’s fixed tower location.

    Better yet, stingray bypasses the phone company entirely. Handy when the phone company is controlled by the enemy, handy when laws change and the phone companies no longer cooperate with the government, handy when you simply don’t want the phone company to know you’re snooping on its network.

    Meta-Your-Data

    Also refined in Iraq, Afghanistan and the greater archipelago of the war of terror was the use of metadata and data-mining, essentially amassing everything, however minor or unimportant, and then using increasingly powerful computers to pull out of that large pile actionable information, i.e., specific information to feed back to combat commanders and special forces to allow them to kill specific people. Knowing, for example, the name of a guy’s girlfriend leads to knowing what car she drives which leads to knowing when she left home which leads to listening to her make a date via cell phone which leads a credit card charge for a room which leads to a strike on a particular location at a specific time, high-tech flagrante delicto.

    The FBI has followed the NSA’s wartime lead in creating its Investigative Data Warehouse, a collection of more than a billion documents on Americans including intelligence reports, social security files, drivers’ licenses, and private financial information including credit card data. All accessible to 13,000 analysts making a million queries monthly. One of them called it the “uber-Google.”

    It’s All Good

    No need to worry Citizens, as the aerostats will only be used for your own good. In fact, their sensors will scan for incoming cruise missiles, mine-laying ships, armed drones, or anything incoming from hundreds of miles away, because of course Washington is constantly being attacked by those sorts of things (I love the idea of protecting the city from mine-laying ships sneaking up the Potomac River).

    Those DC-based aerostats will certainly not have employed the Gorgon Stare system, now in use in Afghanistan to rave reviews. Gorgon Stare, made up of nine video cameras, can transmit live images of physical movement across an entire town (four km radius), much wider in scope than any drone. Might be handy for VIP visits and presidential stuff, however, right?

    And of course the temptation to mount a stingray device where it can ping thousands of cell phones would be ignored.

    But I could be wrong about all the 1984-stuff, in which case the multi-million dollar aerostat program would be noteworthy only as another waste of taxpayer money. Remember when that was what made us the maddest about the government?



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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Any More U.S. “Stabilization” and Africa Will Collapse

    February 26, 2014 // 14 Comments »

    History is just one of those hard things to ignore, especially in South Sudan.

    In 2011, the U.S. midwifed the creation of a new nation, South Sudan. Though at the time Obama invoked the words of Dr. Martin Luther King speaking about Ghana (“I knew about all of the struggles, and all of the pain, and all of the agony that these people had gone through for this moment”) in officially recognizing the country, many were more focused on the underlying U.S. motives, isolating the rest of Sudan as part of the war on terror, and securing the oil reserves in the south for the U.S. The State Department rushed to open an embassy in South Sudan, and U.S. money poured in to pay for the new government. Like his counterparts from Iraq and Afghanistan when the U.S. was still in charge of those places, the new South Sudan president was brought to the White House for photos, all blithely pushed out to the world via the Voice of America. The two leaders were said to have discussed “the importance of maintaining transparency and the rule of law.”

    In 2012 then-Secretary of State Hillary Clinton visited the nation as part of an extended effort at creating B-roll footage for her 2016 campaign, and Obama publicly applauded a deal brokered between Sudan and South Sudan on oil pipeline fees that the White House claimed would “help stem the ongoing violence in the region.”

    However, like in Iraq, Afghanistan and so many other places that fell apart while being democratized and stabilized by the U.S. (one also thinks of Libya, itself part of the African continent), the rush to mediagenic proclamations without addressing the underlying fundamentals led only to catastrophe. A scant few years later, South Sudan is at the brink of civil war and societal collapse, the U.S. is evacuating another embassy and indeed one variety or another of “rebels” are shooting at U.S. military aircraft arriving in their country in violation of their national sovereignty. Those who believe that the U.S. efforts in South Sudan do not involve special forces on the ground and drones overhead no doubt will have a nice Christmas waiting up to catch a glimpse of Santa.

    Obama, apparently unwilling to remember how he stood aside while an elected government recently fell apart in Egypt, went on to double-down on hypocrisy by stating in regards to South Sudan, “Any effort to seize power through the use of military force will result in the end of long-standing support from the United States and the international community.”

    The Militarization of Africa

    If the U.S. efforts in South Sudan were isolated, that would be tragedy enough. However, the U.S. militarization of Africa paints such a sad, similar picture that it bears a recapping here. The always on-track Nick Turse reported:

    – In recent years, the US has trained and outfitted soldiers from Uganda, Burundi and Kenya, among other nations. They have also served as a proxy force for the US in Somalia, part of the African Union Mission (Amisom) protecting the U.S.-supported government in that country’s capital, Mogadishu.

    – Since 2007, the State Department has given about $650-million in logistics support, equipment and training for Amisom troops. The Pentagon has given an extra $100 million since 2011.

    – The U.S. also continues to fund African armies through the Trans-Sahara Counterterrorism Partnership and its Pentagon analogue, now known as Operation Juniper Shield, with increased support flowing to Mauritania and Niger in the wake of Mali’s collapse. In 2012, the State Department and the US Agency for International Development poured approximately $52 million into the programs and the Pentagon chipped in another $46 million.

    – In the Obama years, U.S. Africa Command has also built a sophisticated logistics system, officially known as the Africom Surface Distribution Network, but colloquially referred to as “the new spice route”. Its central nodes are in Manda Bay, Garissa and Mombasa in Kenya; Kampala and Entebbe in Uganda; Bangui and Djema in the Central African Republic; Nzara in South Sudan; Dire Dawa in Ethiopia; and the Pentagon’s showpiece African base, Camp Lemonnier.

    – In addition, the Pentagon has run a regional air campaign using drones and manned aircraft out of airports and bases around the continent including Camp Lemonnier, Arba Minch airport in Ethiopia, Niamey in Niger and the Seychelles Islands in the Indian Ocean, while private contractor-operated surveillance aircraft have flown missions out of Entebbe. Recently, Foreign Policy reported on the existence of a possible drone base in Lamu, Kenya.

    – Another critical location is Ouagadougou, the capital of Burkina Faso, home to a Joint Special Operations Air Detachment and the Trans-Sahara Short Take-Off and Landing Airlift Support Initiative that, according to military documents, supports “high-risk activities” carried out by elite forces from Joint Special Operations Task Force — Trans-Sahara.


    The Failure of the Militarization of Africa

    Libya is in flames, Benghazi the only point of attention for Americans while chaos consumes a once-stable country. Egypt, again on the continent though perhaps not of it, saw its brief bit of democracy stamped out by a military coup. The governments of Mauritania and Niger fell to their militaries. Chad experienced a coup, albeit unsuccessful. Fighting continues in Mali and the Central African Republic. In October 2011 the U.S. invaded, albeit in a small way, the Central African Republic In December 2012, the U.S. evacuated its diplomats and civilians. 2011 also saw a U.S.-backed Kenyan invasion of Somalia. U.S. troops are hunting humans in Uganda and the Democratic Republic of the Congo. Like ghosts from the 18th century, pirates haunt the waters off East Africa. The U.S. admits to having 5,000 troops in ten African countries when once there were none.

    And So, Why?

    The basic rule for any investment is what do you gain in return for risk? It applies to buying stocks as well as investing a nation’s blood, resources and prestige.

    In the case of Africa, the U.S. investment has been a disaster. Chaos has replaced stability in many places, and terrorists have found homes in countries they may have once never imagined. The U.S., in sad echo of 19th century colonialism, has militarized another region of the world.

    Every rebel and terrorist the U.S. kills creates more, radicalizes more, gives the bad guys another propaganda lede. The more we kill, the more there seem to be to kill. America needs fewer people saying they are victims of America. The Chinese are building cultural ties and signing deals all over Africa, and we’re just throwing up barbed wire. Why?



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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

    Delusions Drive (More) U.S. Aid to Afghanistan

    February 10, 2014 // 13 Comments »





    When a person sees things that aren’t there, hears voices that tell him to do irrational things and insists on believing things that simply are not supported by fact, most psychologists would label that person delusional and seek to help him regain his toehold on reality. When that person does all the same things regarding U.S. aid to Afghanistan, it is called statecraft.

    The Obama administration unveiled Monday yet another aid package for Afghanistan. The country remains one of the world’s poorest and most dangerous countries despite a dozen years of massive international aid efforts.

    The announcement from the U.S. Agency for International Development (USAID) of three new development initiatives worth almost $300 million is part of a U.S. effort to ensure that Afghanistan, as its ‘war economy’ ends, won’t “reverse gains made over the last twelve years.”

    How Much We Have Already Spent

    To fully grasp the insanity of yet another initiative that drains taxpayer money into the open sore of Afghanistan, some numbers may help. Over the past twelve years the U.S. has given the Afghans some $100 billion in aid. About half of all “aid” goes directly to the Afghan military. There have also been significant amounts of aid delivered to Afghanistan by other countries and private donors.

    The Return on Investment: 80 Percent Never Gets There

    The aid money works out to be over $3300 per Afghan, assuming any of the money actually reaches an Afghan. The reality is, according to a Special Inspector General for Afghan Reconstruction auditor, that 70-80% of the money is siphoned off by contractors as overhead.

    The Return on Investment: Losses to Corruption

    No one knows how much of the money disappears as bribes, graft or outright theft. However, a 2009 U.S. State Department cable disclosed on Wikileaks stated “While reports vary widely, records obtained from Kabul International Airport (KIA) support suspicions large amounts of physical cash transit from Kabul to Dubai on a weekly, monthly, and annual basis. According to confidential reports, more than $190 million left Kabul for Dubai through KIA during July, August, and September.” A 2012 report showed $4.6 billion fled via the Kabul airport, about one-quarter of the country’s gross domestic product. The year before, $2.3 billion in cash left via the airport. In a single incident, the then-Afghan Vice President flew to Dubai with $52 million in unexplained cash.

    The Return on Investment: Funding the Taliban

    And that’s all the good news because as Douglas Wissing points out in his excellent book Funding the Enemy: How U.S. Taxpayers Bankroll the Taliban, significant amounts of U.S. money are paying for the enemy to keep fighting. U.S. ignorance and naivete in the contracting process sends money to Taliban-affiliated subcontractors, and direct payoffs to warlords and others known to work with the Taliban are made for safe passage guarantees for military supplies.

    The Return on Investment: What the U.S. Government Believes

    Here’s what the U.S. Agency for International Development (USAID) has to say for itself:

    Our work continues to be a vital support to Afghanistan in its efforts to ensure economic growth led by the private sector, establish a democratic and capable state governed by the rule of law, and provide basic services for its people. The Afghan people rejoice in peace and freedom. They are dedicated to working for a better future for the generations to come. USAID assistance is crucial to achieving this goal… Only investment in Afghanistan’s human capital – that is, in its people – will ultimately lead the country to prosperity, peace and stability on a long-term, sustainable basis.


    Delusional

    When I wrote my book on the waste and failure of the similar U.S. money hemorrhage in the Iraq War, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People, there was no widespread agreement. Many people, both in and out of government, questioned my conclusions. Fair enough, though they were obviously proven wrong.

    With Afghanistan, it is difficult to find anyone, outside of a few true believers and U.S. government PR people, who believe the money spent on aid to Afghanistan is not a waste. What charitably could be called at the time a difference of opinion over Iraq allowed the taxpayer money to keep flowing. With Afghanistan, there is no charitable explanation.

    One service member characterized the situation as “A war begun for no wise purpose, carried on with a strange mixture of rashness and timidity, brought to a close after suffering and disaster, without much glory attached.” That service member served in the British Army that was destroyed in Afghanistan in 1843.

    Delusional. That’s really the only word that applies.



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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in #99Percent, Democracy, Military, Police State, Post-Constitution America

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