US supports war crimes tribunal for first time
Washington Post
Under the Rome treaty that established the tribunal, the court can step in only when countries are unwilling or unable to dispense justice themselves for genocide, crimes against humanity or war crimes. Currently, 114 countries have ratified the Rome ...
See all stories on this topic »
Washington Post
Under the Rome treaty that established the tribunal, the court can step in only when countries are unwilling or unable to dispense justice themselves for genocide, crimes against humanity or war crimes. Currently, 114 countries have ratified the Rome ...
See all stories on this topic »
UNITED NATIONS -- The U.N. resolution imposing tough sanctions against Libya marked the first time that the United States has given its support to the International Criminal Court and signified a remarkable turnaround, though it includes a key exemption demanded by the Obama administration.
The resolution adopted unanimously by the Security Council on Saturday refers the actions of Moammar Gadhafi's regime since Feb. 15 to the court's prosecutor who must decide whether there is enough evidence of alleged crimes against humanity to warrant a full investigation. Prosecutor Luis Moreno-Ocampo is required to deliver an initial report to the council in two months.
"It's a historic vote by the United States government because it's the first time in a Security Council resolution the United States has voted affirmatively on the side of the International Criminal Court," said Richard Dicker, head of the International Justice Program at Human Rights Watch. "That's a positive step."
But the United States insisted on including a provision in the resolution to protect Americans from investigation or prosecution by the International Criminal Court, known as the ICC. It requires that any citizen of a country that hasn't joined the ICC be investigated or prosecuted in his home country - not by the ICC - for any alleged actions stemming from operations in Libya authorized by the Security Council.
Dicker called this "carve-out" for nationals from countries that aren't parties to the ICC "troubling" though limited since it only deals with the current situation in Libya.
"If, for example, there is a no-fly zone established by the council, and the U.S. dropped bombs and accidentally killed 100 Libyan school children, that U.S. airman or those who ordered the attack would be subject to the jurisdiction exclusively of a U.S. court - not the ICC," Dicker told the AP on Tuesday.
The International Criminal Court, which began operating in 2002, was established after a long campaign to ensure that those responsible for the most heinous crimes could be brought to justice. Under the Rome treaty that established the tribunal, the court can step in only when countries are unwilling or unable to dispense justice themselves for genocide, crimes against humanity or war crimes.
Currently, 114 countries have ratified the Rome statute and are parties to the statute. Libya is not a party to the ICC and therefore the Security Council stepped in to refer Gadhafi's deadly crackdown on anti-government protesters to the tribunal.
Liechtenstein's U.N. Ambassador Christian Wenaweser, president of the Assembly of State Parties to the ICC, told a press conference Tuesday that the U.S. support for the court and its sponsorship of the resolution was "an important development."
Former U.S. President Bill Clinton signed the Rome treaty on Dec. 31, 2000, but President George W. Bush renounced the signature, citing fears that Americans would be unfairly prosecuted for political reasons.
"We have seen for several months that certainly the U.S. is looking for a more positive engagement with the ICC," Wenaweser said. "The U.S. is participating again in the work of the Assembly of States Parties very actively. So there have been changes before, but certainly this is a very important step - while I don't think this will lead to ratification anytime soon."
He called the exception barring investigation or prosecution of citizens from non-ICC countries a "very, very narrow provision."
US supports war crimes tribunal for first time | The Associated ...
By The Associated Press
The U.N. resolution imposing tough sanctions against Libya marked the first time that the United States has given its support to the International Criminal Court and signified a remarkable turnaround, though it includes a key exemption ...
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By The Associated Press
The U.N. resolution imposing tough sanctions against Libya marked the first time that the United States has given its support to the International Criminal Court and signified a remarkable turnaround, though it includes a key exemption ...
Examiner RSS - http://washingtonexaminer.com/
The U.N. resolution imposing tough sanctions against Libya marked the first time that the United States has given its support to the International Criminal Court and signified a remarkable turnaround, though it includes a key exemption demanded by the Obama administration.
The resolution adopted unanimously by the Security Council on Saturday refers the actions of Moammar Gadhafi's regime since Feb. 15 to the court's prosecutor who must decide whether there is enough evidence of alleged crimes against humanity to warrant a full investigation. Prosecutor Luis Moreno-Ocampo is required to deliver an initial report to the council in two months.
"It's a historic vote by the United States government because it's the first time in a Security Council resolution the United States has voted affirmatively on the side of the International Criminal Court," said Richard Dicker, head of the International Justice Program at Human Rights Watch. "That's a positive step."
But the United States insisted on including a provision in the resolution to protect Americans from investigation or prosecution by the International Criminal Court, known as the ICC. It requires that any citizen of a country that hasn't joined the ICC be investigated or prosecuted in his home country — not by the ICC — for any alleged actions stemming from operations in Libya authorized by the Security Council.
Dicker called this "carve-out" for nationals from countries that aren't parties to the ICC "troubling" though limited since it only deals with the current situation in Libya.
"If, for example, there is a no-fly zone established by the council, and the U.S. dropped bombs and accidentally killed 100 Libyan school children, that U.S. airman or those who ordered the attack would be subject to the jurisdiction exclusively of a U.S. court — not the ICC," Dicker told the AP on Tuesday.
The International Criminal Court, which began operating in 2002, was established after a long campaign to ensure that those responsible for the most heinous crimes could be brought to justice. Under the Rome treaty that established the tribunal, the court can step in only when countries are unwilling or unable to dispense justice themselves for genocide, crimes against humanity or war crimes.
Currently, 114 countries have ratified the Rome statute and are parties to the statute. Libya is not a party to the ICC and therefore the Security Council stepped in to refer Gadhafi's deadly crackdown on anti-government protesters to the tribunal.
Liechtenstein's U.N. Ambassador Christian Wenaweser, president of the Assembly of State Parties to the ICC, told a press conference Tuesday that the U.S. support for the court and its sponsorship of the resolution was "an important development."
Former U.S. President Bill Clinton signed the Rome treaty on Dec. 31, 2000, but President George W. Bush renounced the signature, citing fears that Americans would be unfairly prosecuted for political reasons.
"We have seen for several months that certainly the U.S. is looking for a more positive engagement with the ICC," Wenaweser said. "The U.S. is participating again in the work of the Assembly of States Parties very actively. So there have been changes before, but certainly this is a very important step — while I don't think this will lead to ratification anytime soon."
He called the exception barring investigation or prosecution of citizens from non-ICC countries a "very, very narrow provision."
U.S. Ambassador Susan Rice agreed, telling reporters Tuesday "we have thought it important that if we were going to for the first time affirmatively support such a resolution to make sure that it was clear the limitations as to who jurisdiction applied to."
She said criticism "that somehow this provides a pass for mercenaries I think is completely misplaced."
"I don't think the International Criminal Court is going to spend its time and effort on foot soldiers that have been paid small amounts of money by Gadhafi," she said. "They're going to focus on the big fish."
France's U.N. Ambassador Gerard Araud told reporters after the vote that including the exception in the resolution "was a red line for the United States."
"It was a deal breaker," he said. "This is the reason why we accepted this unanimously."
Wenaweser and Jordan's U.N. ambassador, Prince Zeid al Hussein, who is leading the search to replace Ocampo whose term expires in June 2012, agreed that the council's referral of Libya was good for the court and will hopefully lead to new ratifications.
"Privately many ambassadors, ministers, will concede that eventually their countries will probably become state parties," Zeid told reporters Tuesday. "It's only a matter of time as to when."
"The court hasn't died because there are too many cruel people around the world willing to commit atrocities and so long as that's the case, unfortunately and sadly, tragically, there is a need for a court like this. For the foreseeable next few decades at least, we will continue to have these sorts of events, and the public will demand that governments be responsive."
It's unclear whether loyalists or opponents hold the key city of Port Brega. Kadafi, meanwhile, broadcasts a speech saying he holds no power anyway, unlike "the presidents of other countries."
RELATED
STORIES
By Borzou Daragahi and David Zucchino, Los Angeles TimesLos Angeles Times Staff Writer
March 2, 2011, 4:43 a.m.
Reporting from Tripoli and Benghazi, Libya —
Forces loyal to embattled Libyan leader Moammar Kadafi were reported to be moving Wednesday against areas held by the opposition in the country's east.
But details of the reports conflicted, and the status of one key city, Port Brega, was unclear.
At first, Al Jazeera, citing the channel's correspondent, reported that pro-Kadafi security forces had taken control there with more than 500 military vehicles. The Al Arabiya channel reported "random bombing" of the city, citing an unnamed eyewitness.
But hours later, an Al Jazeera correspondent was quoted as saying that the opposition forces had retaken the city. Al Arabiya, citing its correspondent in eastern Libya, said that 14 people had been killed so far in the fighting and that forces loyal to Kadafi held the city's airport.
Amid the reported clashes, Kadafi took to the airwaves in a lengthy speech before local dignitaries, supporters and a smattering of foreign journalists. He noted that he had resigned from his official posts and handed power to the people 34 years ago Wednesday, marked as a major holiday in Libya.
He vowed to "gouge the eyes of those casting doubt on the people's authority." Crowds of supporters in the venue punched their fists into the air and punctuated his speech with slogans of support.
"The people are the master," he said. "They have the power in their hands. I carried out a revolution in 1969, then handed over the power to the people to later go and rest in my tent. I have no post to resign from like the presidents of other countries. I am not a prime minister or a president."
A day earlier, Kadafi had marshaled cheering supporters and convoys of trucks said to be headed for rebel territory. His foes boasted of sending 500 men down the coastal highway for a showdown in Tripoli, the capital.
But details of the reports conflicted, and the status of one key city, Port Brega, was unclear.
At first, Al Jazeera, citing the channel's correspondent, reported that pro-Kadafi security forces had taken control there with more than 500 military vehicles. The Al Arabiya channel reported "random bombing" of the city, citing an unnamed eyewitness.
But hours later, an Al Jazeera correspondent was quoted as saying that the opposition forces had retaken the city. Al Arabiya, citing its correspondent in eastern Libya, said that 14 people had been killed so far in the fighting and that forces loyal to Kadafi held the city's airport.
Amid the reported clashes, Kadafi took to the airwaves in a lengthy speech before local dignitaries, supporters and a smattering of foreign journalists. He noted that he had resigned from his official posts and handed power to the people 34 years ago Wednesday, marked as a major holiday in Libya.
He vowed to "gouge the eyes of those casting doubt on the people's authority." Crowds of supporters in the venue punched their fists into the air and punctuated his speech with slogans of support.
"The people are the master," he said. "They have the power in their hands. I carried out a revolution in 1969, then handed over the power to the people to later go and rest in my tent. I have no post to resign from like the presidents of other countries. I am not a prime minister or a president."
A day earlier, Kadafi had marshaled cheering supporters and convoys of trucks said to be headed for rebel territory. His foes boasted of sending 500 men down the coastal highway for a showdown in Tripoli, the capital.
Little of the conflicting claims and choreographed displays of control shed light on the true balance of power in the latest Middle Eastern uprising against autocratic rule. The Kadafi government's show of strength in and around Tripoli on Tuesday was for the benefit of foreign journalists on official tours of the capital, where the once seemingly invincible leader has hunkered down with loyalists and vowed to defeat the fierce challenge to his 41-year rule.
"I need Moammar Kadafi," said Abdul Salaam Abu Saifi, a 21-year-old student, as cars filled with supporters in the suburb of Qasr ben Ghashir honked horns and passengers pumped their fists in the air. "Those who say life is bad here are liars."
As Kadafi lieutenants cast a picture of calm and normality in areas still under the regime's control, opponents in the rebel-held east claimed that they had gained ground in several coastal cities and that they had repulsed government forces trying to take back at least three strategic venues that fell last week.
Even in the government-held towns around the capital where regime supporters took visiting journalists, frightened opponents whispered words of dissent when government minders were out of earshot, and the official pronouncements often had a hollow ring.
It was unimaginable, for instance, that the trucks reportedly headed to the eastern city of Benghazi with relief supplies could break through the rebel roadblocks along the huge stretches of coastal roadway. It was likewise impossible to verify rebel claims that they have organized an imminent surge toward Tripoli for final confrontation with Kadafi's forces.
About 500 young fighters, itching to join what they expect to be the final drive to topple Kadafi and take Tripoli, headed west, braving dangerous desert crossings to skirt the last government strongholds, rebel commanders in Benghazi reported.
As Kadafi foes and supporters weathered the tense impasse around Tripoli in the second week of the rebellion, the international community stepped up pressure on the defiant strongman with renewed calls for him to step down and for sanctions to punish his bloody crackdown.
U.S. Secretary of State Hillary Rodham Clinton warned of the risk of protracted civil war in Libya but indicated that the Obama administration would approach any military action cautiously to avoid perceptions that the United States wants to "invade for oil." The White House is also aware of the Libyan rebels' desire to oust Kadafi without foreign help, she said.
In comments to the House Foreign Affairs Committee, Clinton suggested that the administration is likely to continue to exercise restraint, even though officials have said military moves are under consideration.
Two U.S. amphibious assault ships were headed for the Mediterranean, as were 400 Marines, moves intended to keep U.S. forces poised to respond to any situation, Defense Secretary Robert M. Gatessaid.
"We are looking at a lot of options and contingencies," Gates said, noting that no actions have been authorized by the United Nations or the North Atlantic Treaty Organization and that military strategists were discussing with President Obama the widest possible range of potential responses.
At United Nations headquarters in New York, the General Assembly suspended Libya from the U.N. Human Rights Council in a voice vote, heeding a recommendation by the council Friday to sanction Kadafi for using force against his people.
A U.N. spokesman also confirmed reports that Kadafi has taken steps to replace Libyan diplomats who have broken with him. The deputy U.N. ambassador, Ibrahim Dabbashi, told journalists that Tripoli was maneuvering to send envoys still loyal to Kadafi. Spokesman Martin Nesirky would say only that "the correspondence was being studied."
In Tripoli and the surrounding towns still loyal to Kadafi, regime supporters described reports of an emerging rebel enclave in the country's eastern half as a U.S. or British intelligence plot. They denied that the insurgency is part of a fever-like spread of democracy demands sweeping the Arab world from Morocco to Yemen.
"Tunisia is a miserable life. Egypt is a miserable life," said Ali Saleh, a 50-year-old businessman. "Here, everyone has a salary. In Libya, we have no reason to make a revolution. In Libya, all people are rich."
Many observers, including those either silent or unenthusiastic about the government, said the insecurity and fear stirred by fighting last week had calmed considerably in the last few days.
"For one or two days it was very bad," said Talal Arab, a doctor at the Green Hospital, where journalists were taken on an escorted visit. "But now everything is back to normal."
Many of the hospital staff have taken to living on the grounds, worried about the ride home. "We spend every day here," said Milica Petric, a Serbian nurse. "The first days we were so stressed, but things have gotten better."
Government supporters have become emboldened and are speaking out more enthusiastically and decisively. "Libya is a tribal society," said Salma Abdullah, a professor of political science at Fatah University taking part in a government-sponsored conference. "If Moammar Kadafi leaves, Libya will be like Somalia."
Some acknowledged that the pro-government rallies to which journalists were taken were less than spontaneous but insisted that those taking part were genuine supporters of Kadafi.
"When they turn on the Arab channels, they see only people against the government," said Abdul Rahman Saleh, a 22-year-old unemployed government supporter in the Tajoura district, referring to satellite news channels such as Al Jazeera. "They don't put on the air anyone who says that everything is OK."
But there were many signs that normal life remains elusive. Along a commercial strip considered one of Tripoli's liveliest, the only shop open was selling luggage to the hordes of foreign workers struggling to escape the unrest.
During a trip to the airport, where hundreds of foreigners were camped out awaiting relief flights home, a convoy of pickup trucks loaded with armed men in camouflage raced by. Soldiers, sometimes accompanied by armored personnel carriers and tanks, stood guard at key squares. Police at checkpoints warily eyed passengers as cars drove by.
During one pro-government rally in Tajoura, a young man whispered that most of those chanting slogans were substance abusers and low-level criminals. "They're crazy," he said. "They think they're going to get free cars if they take part."
A few spoke candidly out of earshot of government minders.
"We are living under this madness for 42 years," said one employee at the Green Hospital. "Friends of mine have been killed and others arrested."
Although government forces held the capital and the roads leading to it, opposition fighters managed to beat back an attack by Kadafi forces on Zawiya, 30 miles west of Tripoli, two commanders interviewed in Benghazi said. Rebels also held off government attacks in Misurata, about 120 miles east of the capital, and in Zintan, 45 miles to the south, they said.
The pro-Kadafi forces that entered Zawiya offered street fighters $100,000 to stop opposing the regime, said Col. Atia Abaidy, a commander at an army post in downtown Benghazi, now firmly under rebel control. Government troops failed in an attempt to surround Zawiya, he said.
Idris Laga, a member of the military council appointed Monday by the provisional government running Benghazi, said four volunteers attempting to get through the Kadafi stronghold of Surt were captured and executed.
Surt, nearly 250 miles east of the capital, blocks the coastal highway between Benghazi and Tripoli. Most of the rebels were bypassing Surt by detouring south through the desert, Laga said.
In Misurata, Kadafi loyalists holed up in a militia compound in the rebel-controlled coastal city pressed the regime's rear-guard effort to retake the strategic venue. Two local men were killed in clashes early Tuesday, said Saleh Abdulaziz of the rebel committee trying to run the volatile city.
A day earlier, Abdulaziz said, pro-Kadafi forces kidnapped Abdulrahman As-Swaihli and his three sons while they were in Tripoli trying to recruit rebel forces. They are the grandson and great-grandsons of Ramadan As-Swaihli, a hero of the Italian occupation revered by many Libyans.
"He has a great importance to this revolution. We warn Kadafi personally to release him," Abdulaziz said.
The provisional leadership member said he had seen at least 50 young fighters arrive in Misurata from the liberated east and that many more were reportedly streaming in for the final push against Kadafi.
"If anyone comes from the east who wants to help, we welcome them," Abdulaziz said. "Perhaps the wise ones, they say it might be risky, but the young men seek martyrdom in this cause."
daragahi@latimes.com
david.zucchino@latimes.com
Daragahi reported from Tripoli and Zucchino from Benghazi. Times staff writers Raja Abdulrahim in Benghazi, Paul Richter in Washington and Carol J. Williams in Los Angeles contributed to this report.
BABYLON & BEYOND
Observations from Iraq, Iran, Israel, the Arab world and beyond
March 02, 2011 | 12:17 AM
March 01, 2011 | 8:44 AM
March 01, 2011 | 8:24 AM
March 01, 2011 | 5:24 AM
February 28, 2011 | 5:31 PM
February 28, 2011 | 2:32 PM
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Rebels Fight Off Gadhafi In West Libya
Rebel forces fended off Moammar Gadhafi’s troops in the western part of Libya on Tuesday, and thousands of people fleeing the violence massed at the North African nation’s borders prompting warnings from international aid groups of a humanitarian crisis.
In Washington, Secretary of Defense Robert M. Gates said two amphibious assault ships will arrive shortly in the Mediterranean and 400 Marines are being sent to assist in evacuation and humanitarian operations if needed.
“We are looking at a lot of options and contingencies. No decisions have been made on any other actions,” he said.
Muslim Brotherhood Sees Opportunity In Jordan
AMMAN, Jordan | With its Friday anti-government rallies here attracting more protesters each week, the Muslim Brotherhood has positioned itself to become a leading player among Jordanian lawmakers if democratic reforms are enacted.
The Islamic Action Front (IAF), the political wing of the Muslim Brotherhood, is Jordan’s only established opposition party, and analysts estimate that it could win up to 25 percent of parliamentary seats if electoral reforms are carried out.
Although the Brotherhood’s domestic agenda contains uncontroversial goals such as fighting corruption and poverty, some Jordanians worry that the Islamist group’s hard line against Israel could upset the region’s delicate security balance.
Political analysts say the IAF, which has participated in many of the reformist rallies that have taken place here every Friday for the past two months, has no practical reason to seek to dissolve Jordan’s tenuous peace deal with Israel, the key U.S. ally in the Middle East.
On the streets of liberated Benghazi people say no to McCain, Lieberman and any US intervention |
The defence team for WikiLeaks boss Julian Assange has filed an appeal against his extradition to Sweden to answer sexual assault allegations.
Mr Assange's appeal to go before London's High Court comes as no surprise. He has vowed to fight extradition to Sweden, where prosecutors want him to face allegations of sexual assault against two women.
Mr Assange claims the moves are politically motivated because of WikiLeaks's activities in releasing classified US cables.
Some law experts say if it is granted, the appeal could drag the process out for more than a year.
His defence team has argued none of the acts listed on his international arrest warrant would amount to crimes in the UK.
It has an expert report from one of the country's most senior criminal lawyers which will be included in the numerous grounds for appeal.
Last month, a British court heard Mr Assange could easily be interviewed by videolink.
Mr Assange, who was arrested in London on December 7, faces a widening criminal probe in the United States, having enraged Washington.
He is currently under strict bail conditions, including electronic surveillance.
OSLO, NORWAY: Anti-secrecy website WikiLeaks, the Internet and a Russian human rights activist are among a record 241 nominations for the 2011 Nobel Peace Prize.
The Norwegian Nobel Committee said on Tuesday that the 2011 field includes 53 organizations and tops last year's 237 nominees.
Known nominees also include Afghan rights advocate Sima Samar, the European Union, former German Chancellor Helmut Kohl, Cuban dissident Oswaldo Paya Sardinas, Russian rights group Memorial and its founder Svetlana Gannushkina.
"Looking at the long term, we can say interest in the prize is strong and growing along with the number of candidates," Geir Lundestad, a non-voting member of the Nobel panel, told Reuters.
Members of all national parliaments, professors of law or political science and previous winners are among those allowed to make nominations. Some reveal their nominations publicly.
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U.S. Central Command 'Friending' The Enemy In Psychological War
The U.S. Central Command is stepping up psychological warfare operations using software that allows it to target social media websites used by terrorists.
The Tampa, Fla.-based military command that runs the wars in Iraq and Afghanistan recently bought a special computer program that troops use to create multiple fake identities on the Internet. The military uses the fictitious identities to infiltrate groups and in some cases spread disinformation among extremist organizations such as al Qaeda and the Taliban with the goal of disrupting their operations, according to documents and U.S. officials.
The program is aimed at helping troops create and maintain realistic online personalities that will persuade extremists to allow them into chat rooms and bulletin boards by creating the appearance that they are logging on and posting messages or other contributions from anywhere in the world.
Information operations generally are carried out by U.S. special-operations forces.
The software is used for what the military calls “information operations” that use “classified social media activities outside the United States to counter violent extremist ideology and enemy propaganda,” Centcom spokesman Cmdr. Bill Speaks told The Washington Times.
Information operations include activities designed “to influence, disrupt, corrupt or usurp adversarial human and automated decision-making while protecting our own,” according to Pentagon documents. Such activities include disinformation campaigns, or military deception; computer network operations, or hacking; and what used to be called psychological warfare operations or “psy-ops,” but is now referred to as “military information support operations.”
Defense Secretary Robert M. Gates issued a memo this year directing that military information support operations replace psychological warfare and transferring oversight and management of information operations from defense intelligence officials and to the Pentagon’s policymaking directorate. He said the change would enable better coordination of activities across the Pentagon and throughout the U.S. government.
Under Mr. Gates‘ order, U.S. Strategic Command, where the military’s new cyber warfare arm is based, will concentrate on military computer hacking and cyber defenses. The Joint Staffs will take responsibility for deception operations and Special Operations Command will take the lead in military information support operations. Deception operations can be strategic and tactical and can be aimed at supporting U.S. policies or small-scale operations.
Former CIA Director and retired Air ForceGen. Michael V. Hayden said in an interview that information operations like those at Centcom, using social media, are the cutting edge of U.S. military and intelligence activities that often require officials to rapidly determine how long-established rules and limits apply in the borderless world of the Internet.
“I think a good word would be developmental,” Mr. Hayden said. “Operationally developmental, technologically developmental and legally developmental.”
Supreme Court Rules In Case Of 'Privacy'
The Supreme Court in separate decisions Tuesday gave victories to veterans and proponents of open government.
In an 8-0 ruling, the high court said protections in the Freedom of Information Act (FOIA) against disclosure of law enforcement information on the grounds it would constitute an unwarranted invasion of personal privacy “does not extend to corporations.”
The high court’s ruling overturns a lower-court decision that said documents related to a Federal Communications Commission (FCC) investigation of AT&T could be kept secret because their release would violate the company’s “personal privacy.”
The case stems from the telecommunications giant reporting to the FCC in 2004 it had overcharged the government as part of a program to improve telecommunications services in public schools. After an FCC investigation, AT&T agreed to pay the government $500,000 and implement a plan to ensure greater compliance with the school program, according to court records.
CompTel, a trade association that, according to court records, represented some of AT&T’s competitors, filed a FOIA request seeking FCC documents related to the investigation. The FCC said certain records were legally exempt from release because they contained trade secrets and personal information regarding staff and contractors, but did order the release of many others.
AT&T challenged the release of any documents, arguing in a lawsuit that because the FOIA includes corporations as part of its definition of “person,” the law’s provision exempting the release of information that would violate “personal privacy” should also apply to corporations.
The 3rd Circuit Court of Appeals in Philadelphia agreed; the Supreme Court did not.
Chief Justice John G. Roberts Jr. wrote that AT&T’s argument linking the definition of “person” to “personal privacy” fell short because “two words together may assume a more particular meaning than those words in isolation.”
Using the word “golden” as an example, he wrote that “golden cup” refers to a cup made of gold, while a golden boy” is someone “charming, lucky and talented.” A “golden opportunity,” on the other hand, “is one not to be missed.”
” ‘Personal’ in the phrase ‘personal privacy’ conveys more than just ‘of a person,’ ” he wrote. “It suggests a type of privacy evocative of human concerns - not the sort usually associated with an entity like, say, AT&T.”
Editorial: No Hope For Gun Grabbers
The left has permanently lost the argument on gun control. Despite their best efforts to take advantage of the tragic shooting in Arizona to promote pointless restrictions on things like the size of handgun magazines, the propaganda campaign is unlikely to go anywhere. Instead, the right to keep and bear arms continues to gain steam as state lawmakers around the country are enacting measures that would have been unthinkable not so long ago…
http://www.huffingtonpost.com/2011/03/01/arizona-survivor-of-virginia-tech-gun-control_n_829959.html
U.S. Anti-Israel Activity : Conspiracy Theories Linking Israel to WikiLeaks Circulate on the Internet
As the story about WikiLeaks's release of U.S. diplomatic cables gained media attention around the world, a number of Web sites across the ideological spectrum began to circulate conspiracy theories alleging that Israel was secretly involved in the publication of the cables.
Although the theory that Israel orchestrated the WikiLeaks' affair is circulating on a relatively small number of Web sites, it has gained traction with those catering to the far right and the left, as well as on some Arab and Islamic sites, and others dedicated to spreading "anti-Zionist" messages like Islam Times and Hezbollah's Al-Manar Web site.
To date, these sources have promoted two major claims regarding WikiLeaks's relationship to Israel. One claim is that WikiLeaks and its founder Julian Assange "struck a deal" with Israel to withhold the cables that were "embarrassing" to Israel. This narrative about Israel negotiating with Assange may have first surfaced in Al Haqiqa, an online publication affiliated with a Syrian opposition group, which was cited as a source by other articles posted in Arabic and English, as well as select press agencies. Others furthered this claim by alleging that Israel's "deal" with Assange either aimed to undermine the United States or sought to create an opening to attack Iran.
Another theory circulating online is that Assange actually works for Israel as a "spy," with the alleged evidence being the scarcity of cables related toIsrael in the materials that were leaked to the public and the press.
Conspiracy theorists have also concluded that because the leaks showIsrael's perceived enemies in a poor light, Israel is the only country that stands to gain from the controversy sparked by the cables, and thus is behind the affair.
Many of the conspiracy theories about Israel and WikiLeaks are being promulgated by an anti-Semitic conspiracy theorist named Gordon Duff on his Web site Veterans Today, which features anti-Israel and Holocaust denial materials. Duff has authored numerous articles and appeared in interviews advancing his allegations that Israel orchestrated WikiLeaks as a public relations campaign. In an undated interview with British-based IQRA TV, Duff even implicated India's intelligence agency as being part of the conspiracy to bolster Israel's image.
In another interview with the mainstream the Israeli newspaper Haaretz on December 17, 2010, Duff told the paper that, "WikiLeaks is obviously concocted by an intelligence agency. It's a ham-handed action by Israel to do its public relations."
Duff's articles have also appeared on white supremacist sites, including Stormfront, a popular forum for extremists, former Klan leader David Duke's site, as well as Newsnet14, which re-posted a Duff column under another title: "Wikileaks: Is the Stench Coming from the Jews?"
Aside from Duff's theories, other allegations against Israel had their origins in the left-leaning Web site Indybay, which furthered the claim that WikiLeaks collaborated with Israel to restrict the publication of cables that could appear damaging to Israel.
Some cartoons featured in mainstream Arab papers echoed this same theme. On December 20, 2010, a cartoon appeared in the Emirati newspaperAl-Ittihad which portrayed Wikileaks as only exposing issues that would embarrass the Arab world while concealing Israel's alleged actions against peace.
Videos circulating this conspiracy have also surfaced on YouTube. The narrator of a video clip uploaded on December 6, 2010 says: "The information released by Wikileaks…is overloaded with as much propaganda as the day to day Zionist media is. This propaganda is benefiting someone. And that someone is the illegal usurping entity of Israel." Another video, by former Klan leader David Duke, was uploaded on December 2, 2010 under the title, "Julian Assange Wikileaks Exposes Zionist Treachery."
Although they constitute a small minority, a few world leaders have used the WikiLeaks controversy to make anti-Israel statements, alleging that Israel is complicit in the affair or behind some of the cables. On December 1, 2010, Hüseyin Çelik, a deputy leader of AKP, Turkey's ruling party, hinted thatIsrael could be responsible for WikiLeaks in comments during a press conference. Çelik reportedly marveled at the fact that Israeli officials seemed to know that the documents wouldn't hurt the Israeli government: "Israel is very pleased [with the WikiLeaks controversy]. Israel has been making statements for days, even before the release of these documents."
On December 21, 2010, the Palestinian Fatah party condemned particular WikiLeaks' cables as "fabrications and lies" by Israel's security services in order to deepen divisions among Palestinians. Fatah denied a WikiLeaks' cable that revealed Fatah representatives had asked Israel to attack Hamas in 2007 and said the WikiLeaks revelation was "conspiracy" by the Shin Bet.
The following is a sampling of articles circulating the conspiracy theory thatIsrael is at the center of the WikiLeaks' controversy:
- January 10, 2011: American Free Press, an anti-Semitic conspiracy-oriented newspaper, reprinted the December 8, 2010 column by Gordon Duff, "Busted—WikiLeaks Working for Israel," renaming it "WikiLeaks: Freedom's Friend or Zionism's New 'Best Ally'?" The column appeared with another article by AFP writer Victor Thorn, who claimed that AFP "publishes stories on a weekly basis that far surpass WikiLeaks in terms of bombshell material." As examples, Thorn refers to AFP's various conspiracy theories blaming Israel for orchestrating murders and assassinations, as well as for harvesting the organs of victims worldwide.
- December 27, 2010: In an article on the Veterans Today Web site titled, "ADL: Wikileaks Vital to Israel's Intelligence Program," Gordon Duff claimed he was in contact with an anonymous "ADL source." This fictitious source allegedly said ADL was "tasked by the Tel Aviv government to begin operations against journalists and online publications." Duff goes so far as to quote the source as saying, "I just hope something doesn't come up where it gets so serious that Assange will have to be assassinated. He is really a loveable dupe."
- December 26, 2010: Ireland's Sunday Business Post published a letter to the editor by Charles Murphy titled, "Where's Israel in Wikileaks?" He charges that since Israel is "not much mentioned" in the leaks, the controversy "could simply be an old-fashioned propaganda campaign" by Israel. Murphy supports his conclusion with the allegations that "Iran [is] portrayed as the only villain in The Middle East," and that "Turkey - recently fallen out with Israel - also comes out poorly."
- December 22, 2010: Gulf News (UAE) published an article by Abdel Bari Atwan, the editor of the London-based newspaper Al Quds Al Arabi, titled "Did WikiLeaks reach a secret deal with Israel?" The article refers to the absence of cables from US embassies in Israel orBeirut as "most telling," adding that, "It seems inconceivable that he [Assange] would protect Israel from censure when the WikiLeaks website categorically states that its 'primary interest is in exposing oppressive regimes...and unethical behaviour [by] governments and corporations."
- December 16, 2010: In an article on his Web site titled, "Wiki-Warning – Little Green Men Coming," Gordon Duff charged that the Mossad, as well as "a Rothschild law firm, the pro-Israel gang at The New York Times, The Guardian and Der Spiegel," removed cables with "dirt" on Israel.
- December 15, 2010: Gordon Duff published an article on the anti-Semitic site Rense, where he plainly stated, "WikiLeaks is Israel." Duff alleged that former National Security Advisor Zbigniew Brzezinski seemed to have arrived at the same conclusion when he was said in an interview on PBS on December 2 that WikiLeaks is the front for an "intelligence agency" and that the material leaked was of a "pointed" nature.
- December 14, 2010: The Opinion Maker, a Pakistan-based conspiratorial site, published an article titled, "A Missing Leak: All Roads Lead to Tel Aviv," by Ghayur Ayub. Ayub alleged that Israel is holding back a "missing leak" that would have proven Israel's culpability in the affair. He wrote, "Here comes the million dollar question. Is there a 'missing leak' exposing Israel's heinous motivesdespite the leaked documents stating that 'there is no Israel lobby involvement to involuntarily force US in a war to serve Jewish interests'…?"[Original emphasis retained.]
- December 13, 2010: In another article on Gordon Duff's Web site, "Turning Our Enemy's Inherent Decency into the Vehicle of Their Own Demise….Mossad," he claimed that WikiLeaks was working with the Israeli intelligence agency Mossad to create a false war against Iran. He wrote, "Wikileaks has issued a virtual declaration of war againstIran, part of the Mossad's 'war by deception' of which Wikileaks is a proven component. Blog after blog followed suit, spreading the same 'poison,' Wikileaks again 'leaks' false information citing Iran for having a nuclear weapons program long proven not to exist."
- December 13, 2010: In an article titled, "WikiLeaks 'Struck a Deal' to Keep Away Anything Damaging to Israel," published on Al Manar, the Web site affiliated with the terrorist group Hezbollah, the author alleged: "A number of commentators, particularly in Turkey and Russia, have been wondering why the hundreds of thousands of American classified documents leaked by the website last month did not contain anything that may embarrass the Israeli government…The answer appears to be a secret deal struck between the WikiLeaks 'heart and soul', as Assange humbly described himself once, with Israeli officials, which ensured that all such documents were 'removed' before the rest were made public."
- December 12, 2010: Islam Times, an online publication whose stated purpose is to produce media "that is not tainted by the Zionist control over the western media structure," published an article titled, "Is Israel behind WikiLeaks to Crush US Credibility for Potential Talks withIran?" The author, Mnar Muhawesh, alleged that the leak of these documents was of obvious benefit to Israel and the "Israeli lobby," because it refocused the world's attention on Iran. Muhawesh cited another article by conspiracy theorist Jeff Gates who suggested that a "forensic analysis" would ultimately find Israel responsible for the WikiLeaks scandal, since Israel had motive to leak the cables. While Muhawesh never overtly states that Israel is responsible, she repeatedly insinuates as much.
- December 11, 2010: Maidhc Ó Cathail, an anti-Israel Irish blogger posted an entry on his blog titled, "WikiLeaks: Advancing an Israeli Agenda?" in which he outlined how WikiLeaks has benefitedIsrael. His conclusion: "But just like 9/11, no matter how much WikiLeaks has benefited Israel, most observers still seem loath to consider the Tel Aviv connection," implying that Israel was involved in both 9/11 and WikiLeaks.
- December 11, 2010: Zuhair Belqurshi (aka Zuhair Najjaah) wrote an article titled, "Wikileaks: in the Service of the Zionists' Goals," published in both the Arab Times (of Conroe, Texas) and the Arab Voice (of Paterson, New Jersey). Belqurshi alleged, "I will not discuss the conspiracy theory that has been confirmed in the leaked information, but I will pay close attention to the selectiveness of the published leaks, which serve the interests of the Zionists and the neoconservatives in America, the Zionist Republican Party, to Judaize occupied Palestine and thus Judaizing Jerusalem."
- December 10, 2010: Zuhair Belqurshi (aka Zuhair Najjaah) wrote another article titled, "Wikileaks: Who's Lying about It…Who's Laughing at It…" published in the Arab Times (of Conroe, Texas) in which he questioned why none of the "known" crimes of Israel are mentioned in the Wikileaks' cables. He wrote, "And what of Israel's relationship with this report, which did not mention the genocide practiced by them, using all international banned weapons, contrary to the Geneva Conventions, nor the dirty war it waged on Lebanon, not even the disclosure of the assassinations carried out by the Mossad from Hariri…to Mabhouh assassinated in the UAE."
- December 9, 2010: Ramzy Baroud, editor-in-chief of The Palestine Chronicle, published an article in his online publication questioning why Israel had been "spared much of the embarrassment" of the Wikileaks cables. He alleged that this is "particularly suspicious," in light of the numerous and rather consistent leaks from many different parties who expressed the desire to eliminate Iran's nuclear program. Alluding to Israel, Baroud wrote, "It seems as if someone, or some entity, wants to enliven the conflict with Iran, and spread it throughout the Middle East."
- December 8, 2010: In an article on Gordon Duff's Web site titled, "Busted! Wiki Leaks Working for Israel," he claimed, "Reports have come in today, tying Wikileaks founder, Julian Assange, directly to Israeli intelligence and "Israel friendly" media outlets. We are told Assange, while at a Geneva meeting, agreed to allow Israel to select or censor all Wikileak output." Duff alleged that "Assange 'the martyr' now appears to be Assange 'the Israeli spy.'" Duff also claimed that Assange has ties to Rupert Murdoch and the Fox Network and Newt Gingrich and described all three as "avid Zionists."
- December 7, 2010: An anonymous individual named "LikiWeaks" published an article on Indybay.org titled, "WikiLeaks 'Struck a Deal with Israel' Over Diplomatic Cables Leaks" in which the author alleged that Israeli officials and WikiLeaks editor Julian Assange made a deal ensuring that documents that were embarrassing to the Israeli government were removed prior to the leak. The article cited the report from Al Haqiqa, a publication affiliated with a Syrian far-Left opposition group, claiming that Israel paid Assange not to release certain documents.
- December 6, 2010: The online Arabic-language publication Al Haqiqa, also known as "Syria Truth," affiliated with a Syrian far-Left opposition group, published an article that claimed that WikiLeaks made an agreement with Israel to avoid publication of documents that "may harm Israeli security or diplomatic interests." According to the article, a former WikiLeaks official alleged that Julien Assange, Wikileaks' founder, met with representatives of an Israeli secret intelligence agency in Switzerland to carve out the deal. Al Haqiqa identifies the author of the article as Leah Abramowiz, referred to as an Israeli-born journalist and the daughter of Holocaust survivors.
- November 30, 2010: Conspiracy theorist and anti-Semite Jeff Gates published an article in The Palestine Chronicle, titled, "Wikileaks: The Tel Aviv Connection." Gates alleged that Israel orchestrated the Wikileaks scandals in order to delegitimize the United States and remove itself from scrutiny. He writes, "Tel Aviv knows that the phony intelligence on Iraq leads to those skilled at waging war 'by way of deception'—the motto of the Israeli Mossad. Wikileaks are noteworthy for what's missing: the absence of any material damaging to Israeli goals." The same article was also published by Veterans Today on December 2 under the title, "Wikileaks and Espionage – Israeli Style."
- November 27, 2010: In an article on Gordon Duff's Web site, "Wikileaks, a Touch of Assange and the Stench of AIPAC," he alleged that Israel was using WikiLeaks to destabilize the United States. He wrote, "Wikileaks is an intelligence operation to weaken and undermine the American government, orchestrated from Tel Aviv, using dozens of operatives, dual citizens, some at the highest authority levels, spies for Israel. Through leaking carefully selected intelligence along with proven falsified documents, all fed to a controlled press, fully complicit, Wikileaks is, in fact, an act of war against the United States." Duff also alleged that AIPAC, a Jewish lobbying group, is behind Wikileaks and its actions.
MAD AS HELL: Riding the Right Wing's Tilt-a-Whirl
POSTED BY CHERI DELBROCCO ON WED, MAR 2, 2011 AT 12:24 AM
Remember the Tilt-A-Whirl—that carnival ride with the big red cars that would spin you around so fast, there was almost a guarantee that you would end up throwing up? Mad As Hell is introducing a segment called “Rightwing Tilt-A-Whirl” featuring some essential news stories you may have missed—those stories the “ fair and balanced” found important to ignore. These are news items everyone should know. But be warned—if you are that rare right winger who considers logic and reason an essential part of formulating an opinion then be prepared to take some deep cleansing breaths in the cool outdoors to expand your mind. Or, perhaps reach for the old reliable bottle of Pepto-Bismol.
Rightwing Tilt-A-Whirl Cheri DelBrocco
Shariah law! Republican state officials throughout the land have been elected to solve the most pressing problem of our time - Shariah Law. Republican-led states throughout the land are tripping over themselves to compete for the distinction of sponsoring the most extreme, ridiculous response to the perceived threat of Shariah law. Congratulations to Tennessee— the Volunteer state appears to have won the prize!
State senator Bill Ketron (R-Murfreesboro) has introduced Senate Bill 1028 that claims that Shariah law “continues to plague the United States generally and Tennessee in particular” by requiring Muslims to “actively and passively support the replacement of America’s constitutional republic” with an Islamic state. Thus, adherence to the “legal-political-military doctrine” of Shariah law “is treasonous and a felony punishable by 15 years in jail.” The bill further states that any adherence to Shariah law—including religious practices like feet washing and daily prayer is treasonous.
Reproductive Rights? - Wrong! Republican dominated states throughout the country have declared war on women’s reproductive rights in America. Over the last month, several states have proposed plans to deny women not only the right to abortion, but to restrict their availability to contraception. In Nebraska, legislation has been introduced that would authorize the use of “justifiable homicides” in defense of killings to prevent harm to a fetus.
The U.S. House of Representatives have three pending bills which would strip all funding for the 800 Planned Parenthood clinics around the country. Also, all Title X funding, which provides family planning for low-income Americans would be totally cut. Let’s hope these Republicans have the same success as their Republican predecessors have had in their wars on Iraq, Afghanistan, drugs, crime, education and poverty.
Government Service! As the War on Government Workers and the Middle Class continues in Wisconsin, there are some lesser known proposals in the 144-page bill that the governor, Scott Walker, wants enacted. One is the repeal of the rule requiring municipal governments to disinfect their water. Mr. Walker thinks treating drinking water is too expensive for his state. In 1993, 104 people in Wisconsin died and 400,000 got sick when the Milwaukee water supply became infected. Although municipalities in that state can keep their water clean for as little as $10,000 per well, the governor thinks that is too high a price to pay to keep citizens safe from deadly microorganisms and illnesses.
Birther Announcement! Yesterday, while hawking his new book, A Simple Government on right wing radio’s Steve Malzberg’s show, former Arkansas Gov. Mike Huckabee claimed President Obama had grown up in Kenya. “One thing that I do know is having grown up in Kenya his view of the Brits, for example, is very different that of the average American,” said Huckabee, a Fox News host and possible Republican candidate for President in 2012. Afterwards a Huckabee spokesperson said the former governor of Arkansas had “misspoke” when twice claiming on two different networks that the President grew up in Kenya.
Sharing the Pain! In New Jersey the Republican governor has proposed that middle class workers earning less than $50,000 should share the pain by taking a 25% reduction in pay and benefits. In the sharing however, he does not agree that over 225,000 millionaires in New Jersey should participat by increasing their taxes a mere 3% ($30,000) per annum. Repeat, the $50,000 per year worker can afford a $12,500 per year pay cut along with a reduction in their retirement and medical benefits but the folks earning $1,000,000 per year cannot afford an additional tax of $30,000 per year.
Tilt to the Right. Whirl. Nauseated yet?
You don’t think that could ever happen in America? Well, you might want to brush up on the Real ID Act because it is going to go into effect on May 11, 2011 unless something is done to stop it. When I first learned this, I was absolutely stunned. After all, wasn’t the Real ID Act supposed to be “dead”? A few years ago state legislatures across the nation were in an uproar over this law. The Department of Homeland Security was forced to delay implementation of it several times. But now it is back. You see, this is what the federal government often does. They will try to push something very unpopular through, and if they meet resistance they will “play dead” until the uproar has died down and then they will come right back and implement it anyway. This is what is happening with the Real ID Act.
As of May 11, all driver’s licenses across the United States will be required to conform to federal national security standards. In essence, our licenses are now going to be federalized.
Yes, this is really happening. A Fox News article from a couple weeks ago confirmed that these “national ID cards” will be required to board airplanes and enter federal buildings….
States must be in compliance by May with the regulations laid out in the 2005 REAL ID Act. The law, a recommendation of the Sept. 11 commission that investigated the 2001 terror attacks, creates a national security standard for state-issued identification cards to be used for purposes like boarding airplanes and entering federal buildings.
Isn’t that great?
Updated: February 25, 2011
The Latest on the REAL ID
§ DHS Press Release on REAL ID Extension - Dec. 18, 2009
Resources on the REAL ID
Other NCSL Links of Interest
Questions about the REAL ID
The REAL ID Act requires state-issued driver's licenses and identification cards to meet federal standards by a certain date in order to be accepted for federal purposes. What is that date? All 56 U.S. jurisdictions received an initial extension through Dec. 31, 2009, from the secretary of the U.S. Department of Homeland Security (DHS). In December 2009, the secretary issued a statement to waive that deadline. States must now be in full-compliance by May 11, 2011. What is the penalty for non-compliance? Residents in non-compliant states will not be able to use their driver's license to board commercial aircraft, gain access to federal facilities or enter nuclear power plants.
Background Information - The Act, Regulations, Implementation Guidance and Award Announcements
§ DHS Privacy Impact Assessment on the Final Regulations - Jan. 11, 2008
§ DHS FY 2009 REAL ID Grant Guidance (includes table with state by state allocation)
§ DHS FY 2010 REAL ID Grant Guidance (includes table with state by state allocations)
Federal Legislation to Amend the REAL ID
111th Congress