Showing posts with label Wikileaks. Show all posts
Showing posts with label Wikileaks. Show all posts

6/19/2013

WikiLeaks cables support criticism of ICTY judge

Judge Theodor Meron
Πηγή: globalpost
By AFP
June 18 2013

US diplomatic cables published by WikiLeaks appear to support claims by a Danish judge that the American head of the war crimes court for the former Yugoslavia furthered US administration aims to acquit senior suspects, a Danish newspaper said Tuesday.

Judge Frederik Harhoff last week claimed in a letter sent to his colleagues and leaked in the Danish press that the president of the International Criminal Tribunal for the former Yugoslavia (ICTY), Theodor Meron, had pressured judges to acquit leading Croatian and Serbian officers.

US State Department cables from The Hague published by WikiLeaks appear to support his claim, including one from 2003 documenting a meeting between Meron and an unnamed US ambassador.

In the meeting, Meron allegedly pleaded for the US government to vote to terminate the mandate of then ICTY chief prosecutor Carla Del Ponte, describing her as "primarily a media person who is primarily interested in her own legacy".

"Meron urged the USG (US government) to oppose renewal and expressed reservations about a one-year extension of her mandate," the cable says of Del Ponte, who left court in 2008.

Denmark's leftwing independent daily Information, which revealed the existence of the US cables, said Del Ponte had "dragged out court cases and thus put obstacles in the way of the US and Russia to complete the work of the tribunal".

The paper said Harhoff believed that Meron pushed for court proceedings to be expedited in the interests of saving resources and winding up the work of the 20-year long legal process.

The ICTY was created in 1993 to try perpetrators of genocide, war crimes and crimes against humanity committed during the the bloody break-up of the former Yugoslavia.

Serbs have frequently criticised the tribunal's perceived bias against their nationals, who were frequently convicted, while Croats, Bosniaks and Kosovars were acquitted.

A passage from another confidential cable later in 2003 on a meeting between Meron and another US ambassador identified the judge as "the tribunal's pre-eminent supporter of United States government efforts".

Information quoted an unnamed former legal advisor to the ICTY as saying the cables showed Meron had a close working policy relationship with the US government.

"It is the perception among my former colleagues that the tribunal president takes instructions from the US government. And the WikiLeaks documents certainly do not help his case," the advisor said.

In his letter, Harhoff claimed the acquittals of two Croatian generals -- Ante Gotovina and Mladen Markac -- and three Serbs -- former Yugoslav army chief General Momcilo Perisic, Serbian state security service chief Jovica Stanisic and his deputy Franko Simatovic -- were contrary to the tribunal's set practice of holding military commanders responsible for crimes committed by subordinates.

Harhoff said the court was instead moving towards a policy that commanders could only be convicted if it could be proven that they knew of their subordinates' intention to commit crime.

Harhoff suggested that US or Israeli officials were involved in the acquittals.

The acquittals beg "the question of how this military logic pressures the international criminal justice system? Have any American or Israeli officials ever exerted pressure on the American presiding judge... to ensure a change of direction?" Harhoff wrote.

"We will probably never know.

"But reports of the same American presiding judge's tenacious pressure on his colleagues in the Gotovina-Perisic cases makes you think he was determined to achieve an acquittal -- and especially that he was lucky enough to convince the elderly Turkish judge to change his mind at the last minute," he added.

The only Turkish judge sitting at the ICTY is Mehmet Guney, 77.

"Most of the cases will lead to commanding officers walking free from here on. So the American (and Israeli) military leaders can breathe a sigh of relief," Harhoff wrote.


3/03/2013

The Uncommon Courage of Bradley Manning


Πηγή: Clobal Research
By Marjorie Cohn
March 1 2013

Bradley Manning has pleaded guilty to 10 charges including possessing and willfully communicating to an unauthorized person all the main elements of the WikiLeaks disclosure. The charges carry a total of 20 years in prison. For the first time, Bradley spoke publicly about what he did and why. His actions, now confirmed by his own words, reveal Bradley to be a very brave young man.

When he was 22 years old, Pfc. Bradley Manning gave classified documents to WikiLeaks. They included the “Collateral Murder” video, which depicts U.S. forces in an Apache helicopter killing 12 unarmed civilians, including two Reuters journalists, and wounding two children.

“I believed if the public, particularly the American public, could see this it could spark a debate on the military and our foreign policy in general as it applied to Iraq and Afghanistan,” Bradley told the military tribunal during his guilty plea proceeding. “It might cause society to reconsider the need to engage in counter terrorism while ignoring the human situation of the people we engaged with every day.”

Bradley said he was frustrated by his inability to convince his chain of command to investigate the Collateral Murder video and other “war porn” documented in the files he provided to WikiLeaks. “I was disturbed by the response to injured children.” Bradley was bothered by the soldiers depicted in the video who “seemed to not value human life by referring to [their targets] as ‘dead bastards.’” People trying to rescue the wounded were also fired upon and killed. A U.S. tank drove over one body, cutting the man in half. The actions of American soldiers shown in that video amount to war crimes under the Geneva Conventions, which prohibit targeting civilians, preventing the rescue of the wounded, and defacing dead bodies.

No one at WikiLeaks asked or encouraged Bradley to give them the documents, Bradley said. “No one associated with the WLO [WikiLeaks Organization] pressured me to give them more information. The decision to give documents to WikiLeaks [was] mine alone.”

Before contacting WikiLeaks, Bradley tried to interest the Washington Post in publishing the documents but the newspaper was unresponsive. He tried unsuccessfully to contact the New York Times.

During his first nine months in custody, Bradley was kept in solitary confinement, which is considered torture as it can lead to hallucinations, catatonia and suicide.

Bradley maintained his not guilty pleas to 12 additional charges, including aiding the enemy and espionage, for which he could get life imprisonment.

Bradley’s actions are not unlike those of Daniel Ellsberg, whose release of the Pentagon Papers helped to expose the government’s lies and end the Vietnam War.

Marjorie Cohn is a professor at Thomas Jefferson School of Law and co-author of “Rules of Disengagement: The Politics and Honor of Military Dissent” (with Kathleen Gilberd). She testifies at military hearings about the illegality of the wars, the duty to obey lawful orders, and the duty to disobey unlawful orders. See www.marjoriecohn.com.


8/19/2012

Full Video and Full Transcript of Julian Assange August 19th 2012 Speech Outside the Ecuadorian Embassy



Πηγή: OpEdNews
By Julian Assange
August 19 2012

"I am here because I cannot be closer to you.

Thank you for being here.

Thanks you for your resolve and your generosity of spirit.

On Wednesday night, after a threat was sent to this embassy and the police descended on the building, you came out in the middle of the night to watch over it, and you brought the world's eyes with you.

Inside the embassy after dark I could hear teams of police swarming up into the building through the internal fire escape. But I knew that there would be witnesses.

And that is because of you.

If the UK did not throw away the Vienna conventions the other that is because the world was watching.

And the world was watching because you were watching.

So the next time somebody tells you that it is pointless to defend those rights we hold dear, remind them of your vigil in the dark before the Embassy Of Ecuador... Remind them how, in the morning, the sun came up on a different world and a courageous and a courageous Latin American nation took a stand for justice.

And so to those brave people I thank President Correa for the courage he has shown in considering and in granting me political asylum.

And so I thank the government and the Foreign Minister Ricardo Patino who have upheld the Ecuadorian constitution and its notion of universal citizenship in their consideration of my case.

And to the Ecuadorian people for supporting and defending this constitution. And I have a debt of gratitude to the staff of this embassy whose families live in London and who have shown me hospitality and kindness despite the threats that they all received.

This Friday there will be an emergency meeting of the foreign ministers of Latin America in Washington DC to address this very situation. And so I am grateful to the people and governments of Argentina, Bolivia, Brazil, Chile, Columbia, El Salvador, Honduras, Mexico, Nicaragua, Peru, Venezuela and to all of the other Latin American countries who have come to defend the right to asylum.

To the people of the United States, the United Kingdom, Sweden and Australia who have supported me in strength even when their governments have not, and to those wiser heads in government who are still fighting for justice, your day will come.

To the staff, supporters and sources of Wikileaks whose courage and commitment and loyalty has seen no equal.

To my family and to my children who have been denied their father forgive me we will be reunited soon.

As Wikileaks stands under threat so does the freedom of expression and the health of our societies. We must use this moment to articulate te choice that is before the government of the United States of America.

Will it return to and reaffirm the values it was founded on? Or will it lurch off the precipice dragging us all into a dangerous and oppressive world in which journalists fall silent under the fear of prosecution and citizens must whisper in the dark?

I say that it must turn back.

I ask President Obama to do the right thing.

The United States must renounce its witch-hunt against Wikileaks.


The United States must dissolve its FBI investigation.

The United States must vow that it will not seek to prosecute our staff or our supporters.

The United States must pledge before the world that it will not pursue journalists for shining a light on the secret crimes of the powerful.

There must be no more foolish talk about prosecuting any media organization be it Wikileaks or the New York Times.

The US administration's war on whistleblowers must end.

Thomas Drake and William Binney and John Kiriakou and other heroic US whistleblowers must - they must - be pardoned and compensated for the hardships they have endured as servants of the public record.

And the Army Private who remains in a military prison in Fort Levenworth Kansas, who was found by the UN to have endured most torturous detention in Quantico Virginia and who has yet after two years in the prison to see a trial, he must be released.

Bradley Manning must be released.

If Bradley Manning really did as he is accused he is a hero an example to us all and one of the world's foremost political prisoners.

Bradley Manning must be released.

On Wednesday Bradley Manning spent his 815th day of detention without trial. The legal maximum is 120 days.

On Thursday my friend Nabeel Rajab, president of the Bharanian human rights center, was sentenced to three years for a tweet. On Friday a Russian band were sentenced to two years in jail for a political performance.

There is unity in the oppression. There must be absolute unity and determination in the response.

Thank you."




8/16/2012

U.K. threatening to ‘assault our embassy’ to seize Julian Assange: Ecuador’s foreign minister

Ecuador's Foreign Affairs Minister Ricardo Patino attends a news conference at his office in Quito Wednesday. Ecuador said the British government had threatened to raid its embassy in London if WikiLeaks founder Julian Assange is not handed over.

Πηγή: National Post
By Gonzalo Solano (AP)
August 15 2012

QUITO, Ecuador — A stern warning from Britain on the eve of Ecuador’s much-anticipated decision on Julian Assange’s asylum request led its foreign minister to accuse Britain on Wednesday of threatening to storm his nation’s London embassy to arrest the WikiLeaks founder.

Foreign Minister Ricard Patino said Britain had earlier in the day issued “a written threat that it could assault our embassy” if Assange is not handed over.

Patino also said he would announce on Thursday morning whether Ecuador would grant the request of the secret-spilling former Australian hacker, who took refuge in Ecuador’s embassy on June 19 to avoid extradition to Sweden. Assange faces questioning there for alleged sexual misconduct.

As news broke of the warning, a number of police officers were seen reinforcing Scotland Yard’s presence outside the embassy in a tony London neighbourhood near the Harrods department store.

Britain’s Foreign Office issued a statement later Wednesday citing a 1987 British law it says permits the revocation of diplomatic status of a building if the foreign power occupying it “ceases to use land for the purposes of its mission or exclusively for the purposes of a consular post.”

Under international law, diplomatic posts are considered the territory of the foreign nation.

Police stand guard outside the Ecuadorian Embassy Wednesday. Julian Assange has been living there since June 19, after requesting political asylum whilst facing extradition to Sweden.
Police stand guard outside the Ecuadorian Embassy Wednesday. Julian Assange has been living there since June 19, after requesting political asylum whilst facing extradition to Sweden.

Asked by the Associated Press about Patino’s characterization, a Foreign Office official said via email that the letter “was not a threat” and was intended to clarify “all aspects of British law that Ecuador should be aware of.” The official would not be identified by name, citing policy.

Patino said the missive including the veiled threat was delivered to his country’s Foreign Ministry in writing and verbally to its ambassador in London on Wednesday. The cited was Britain’s 1987 Diplomatic and Consular Premises Act.

Patino said Ecuador “rejects in the most energetic terms the explicit threat of the official British communication.”

Assange arrives at the High Court in London December 5, 2011.
The Foreign Office statement did not elaborate on Britain’s intentions if Assange were to be granted political asylum.

“We have an obligation to extradite Mr. Assange and it is only right that we give Ecuador (the) full picture,” the statement said, before adding: “We are still committed to reaching a mutually acceptable solution.”
We have an obligation to extradite Mr. Assange and it is only right that we give Ecuador (the) full picture

Assange, whose publishing via the Internet of thousands of sensitive U.S. diplomatic cables and military dispatches has angered U.S. officials, says the charges against him are trumped up.

His supporters say they believe the U.S. has secretly indicted him and would extradite him from Sweden.

Correa has said Assange could face the death penalty in the United States and for that reason he considers the asylum request a question of political persecution.

Analysts in Ecuador expressed doubts that Britain would raid the embassy.

Professor Julio Echeverria of Quito’s FLACSO university said Britain “has a long establish tradition in Europe of respecting diplomatic missions,” which under international law are considered sovereign territory.

A former Ecuadorean ambassador to London, Mauricio Gandara, told The Associated Press “I refuse to believe in this threat because if asylum is granted the British government will not grant safe passage and Mr. Assange could be in the embassy for a long time.”

President Rafael Correa has expressed sympathy for Assange and said Monday that he hoped to announce a decision this week following high-level consultations with Britain and Sweden.



7/05/2012

WikiLeaks releases 2.4 million Syria emails


Πηγή: wcnb
By CNN
July 5 2012


LONDON - WikiLeaks said Thursday it has begun publishing some 2.4 million emails from Syrian politicians, government ministries and companies dating back to 2006.

The emails, which are in a range of languages including Arabic and Russian, come from the ministries of presidential affairs, finance, information and foreign affairs, among others.

According to WikiLeaks, the emails "shine a light on the inner workings of the Syrian government and economy, but they also reveal how the West and Western companies say one thing and do another."

WikiLeaks, which facilitates the anonymous leaking of secret information, has published about 250,000 confidential U.S. diplomatic cables, causing embarrassment to the government and others. It has also published hundreds of thousands of classified U.S. documents relating to the conflicts in Iraq and Afghanistan.

Its founder, Julian Assange, was arrested in Britain in 2010 over allegations of rape and sex crime charges in Sweden.

Two women have accused Assange of sexually assaulting them in August 2010 when he was visiting Sweden in connection with a WikiLeaks release of internal U.S. military documents.

He has been arrested in absentia, Swedish prosecutors have said. Swedish authorities want to question him about the allegations, which he denies.

Assange has been fighting extradition ever since, saying the allegations are retribution for his organization's disclosure of American secrets. His bail conditions included staying every night at the home of a supporter outside of London.

Assange applied for asylum to Ecuador on June 19 and has been inside the Ecuadorian Embassy in London since. It is unclear when Ecuador will make a decision on the asylum request.

He sought refuge at the embassy five days after the Supreme Court of the United Kingdom dismissed a bid to reopen his appeal of the decision to send him to Sweden -- his last option in British courts.

A representative for the WikiLeaks founder said Assange will not honor a notice served to him by British police requiring him to turn himself to authorities.

"This should not be considered any sign of disrespect," said Susan Benn of the Julian Assange defense fund, who read the statement.

Benn said the United States had empaneled a grand jury in its goal to press charges against Assange. Turning himself in would have started a process that would end with Assange being extradited to the United States, she said.

"It is clear that there is a plan to bring Julian Assange to the United States," she said.

Citing what she called cruel, inhumane and degrading treatment of the alleged source of leaked documents, Pfc. Bradley Manning, Benn said that sending Assange to the United States "would be a violation of his rights."

Police say Assange is in violation of his bail by staying at the embassy, and that ignoring the notice to turn himself in is a further violation.



3/12/2012

Bradley Manning's treatment was cruel and inhuman, UN torture chief rules

Bradley Manning has been charged on 22 counts, including aiding the enemy. 

Πηγή: The Guardian
By Ed Pilkington
March 12 2012

UN special rapporteur on torture's findings likely to reignite criticism of US government's treatment of WikiLeaks suspect.

The UN special rapporteur on torture has formally accused the US government of cruel, inhuman and degrading treatment towards Bradley Manning, the US soldier who was held in solitary confinement for almost a year on suspicion of being the WikiLeaks source.

Juan Mendez has completed a 14-month investigation into the treatment of Manning since the soldier's arrest at a US military base in May 2010. He concludes that the US military was at least culpable of cruel and inhumane treatment in keeping Manning locked up alone for 23 hours a day over an 11-month period in conditions that he also found might have constituted torture.

"The special rapporteur concludes that imposing seriously punitive conditions of detention on someone who has not been found guilty of any crime is a violation of his right to physical and psychological integrity as well as of his presumption of innocence," Mendez writes.

The findings of cruel and inhuman treatment are published as an addendum to the special rapporteur's report to the UN general assembly on the promotion and protection of human rights. They are likely to reignite criticism of the US government's harsh treatment of Manning ahead of his court martial later this year.

Manning, 24, was arrested on May 29 2010 at the Forward Operating Base Hammer outside Baghdad, where he was working as an intelligence analyst. Manning has been charged with 22 counts, including aiding the enemy, relating to the leaking a massive trove of state secrets to the whistleblowing website WikiLeaks.

Mendez, who runs the UN office that investigates incidents of alleged torture around the world, told the Guardian: "I conclude that the 11 months under conditions of solitary confinement (regardless of the name given to his regime by the prison authorities) constitutes at a minimum cruel, inhuman and degrading treatment in violation of article 16 of the convention against torture. If the effects in regards to pain and suffering inflicted on Manning were more severe, they could constitute torture."

Manning was initially held for almost three months at Camp Arifjan in Kuwait, and then transferred in July 2010 to the Marine corps base at Quantico in Virginia. He was held there for another eight months in conditions that aroused widespread condemnation, including being held in solitary confinement for 23 hours a day and being made to strip naked at night.

In his opening letter to the US government on December 30 2010, Mendez said that the prolonged period of isolated confinment was believed to have been imposed "in an effort to coerce him into 'cooperation' with the authorities, allegedly for the purpose of persuading him to implicate others."

It is known that the US department of justice is conducting a grand jury in Virginia exploring the possibility of bringing charges against Julian Assange, the WikiLeaks founder.

The US mission to the UN in Geneva responded to Mendez on January 27 2011. It said that the US government "is committed to protecting human rights in our country and abroad, and we value the work of the special rapporteur".

In a later letter, dated May 19 2011, the Pentagon's legal counsel told Mendez that it was satisfied that Manning's treatment at Quantico had been fine. "Though Private Manning was classified as a maximum custody detainee at Quantico, he occupied the very same type of single-occupancy cell that all other pretrial detainees occupied."

But the Pentagon's arguments did not impress the special rapporteur. He stressed in his final conclusions that "solitary confinement is a harsh measure which may cause serious psychological and physiological adverse effects on individuals regardless of their specific conditions." Moreover, "[d]epending on the specific reason for its application, conditions, length, effects and other circumstances, solitary confinement can amount to a breach of article seven of the international covenant on civil and political rights, and to an act defined in article one or article 16 of the convention against torture."

He also said that the US government had tried to justify Manning's solitary confinement by calling it "prevention of harm watch". Yet the military had offered no details as to what actual harm was being prevented.

Mendez told the Guardian that he could not reach a definitive conclusion on whether Manning had been tortured because he has consistently been denied permission by the US military to interview the prisoner under acceptable circumstances.

The Pentagon has refused to allow Mendez to see Manning in private, insisting that all conversations must be monitored. "You should have no expectation of privacy in your communications with Private Manning," the Pentagon wrote.

The lack of privacy is a violation of human rights procedures, the UN says, and considered unacceptable by the UN special rapporteur.

Manning's travails in solitary confinement came to an end on April 20 2011 when he was transferred from Quantico to Fort Leavenworth in Kansas, where he was held in more open conditions. He is currently being held in a facility in Virginia so that he can make frequent pre-trial appearances at Fort Meade in Maryland ahead of his eventual court martial.


1/12/2012

US court rejects Assange petition to access army's legal proceedings

Manning friend David House told MSNBC that due to the over 8 months of isolation with movement and sleep restrictions placed on him appeared "catatonic" and that he had "severe problems communicating".


Πηγή: newKerala
By ANI
Jan 12 2012

Washington: The U.S. military's highest appeals court has rejected a petition by WikiLeaks and its founder Julian Assange to give their lawyers guaranteed access to the Army's legal proceedings against the Army intelligence analyst accused of leaking thousands of military reports and diplomatic cables, Private First Class Bradley Manning.

According to Politico, WikiLeaks and Assange argued they deserved a permanent seat at the recent investigative hearing in Manning's case because of an ongoing criminal investigation targeting Assange and his global transparency website.

They also made the unusual request to have a lawyer with security clearance sit on classified sessions the public is excluded from.

However, in an order Wednesday, the U.S. Court of Appeals for the Armed Forces denied the petition without comment. The only further review would be at the U.S. Supreme Court.

The WikiLeaks/Assange plea was previously rejected by the officer overseeing Manning's hearing and by an intermediate appeals court, the Army Court of Criminal Appeals.

Military prosecutors said there was no basis for according special status just because Assange might be charged in the future.

In addition, they noted that in practice the lawyers for Assange and his outfit had been able to gain access to general public seating in the courtroom at Fort Meade, Maryland.

Manning's weeklong preliminary hearing, known as an Article 32 session, wrapped up last month, so it could be that the Court of Appeals for the Armed Forces considered the issue moot.

"We are disappointed by the ruling, but like much of the Manning proceedings themselves, this decision is inscrutable," said Baher Azmy of the Center for Constitutional Rights, which brough the petition for Assange and WikiLeaks.


12/31/2011

Cables Hold Clues to U.S.-Iran Mysteries

WikiLeaks logo

Πηγή: Consotiumnews
By Robert Parry (Originally published Nov. 29, 2010)
Dec 31 2011

From the Archive: As the West’s confrontation with Iran grows more dangerous – and major U.S. news outlets blame Iran – it may be worth recalling the documents that revealed how the U.S. and its allies showed bad faith in talks with Iran about its nuclear program, as Robert Parry reported in 2010.

Classified U.S. diplomatic cables from WikiLeaks show that the Obama administration, like its predecessors, has played a double game with Iran’s Shiite government, mixing public offers of reconciliation with secret collaboration on hard-line strategies favored byIran’s Sunni Arab rivals and Israel.

The classified cables also make clear that the major U.S. news media was mistaken in dumping the blame on Iran for the failed negotiations in 2009 and 2010 seeking a swap of some Iranian low-enriched uranium for nuclear isotopes. The cables reveal that those U.S. gestures were, in part, calculated to fail and thus to justify harsher sanctions against Iran.

According to the cables, key oil sheikdoms in the Persian Gulf were alarmed at comments from the newly elected President Barack Obama advocating a “new beginning” between the United States and Iran, including substantive negotiations on its nuclear program.

The United Arab Emirates deemed Obama’s reconciliation offers “confusing” and the U.S. Embassy in Saudi Arabia said Obama’s position “fueled Saudi fears that a new U.S. administration might strike a ‘grand bargain’ [with Iran] without prior consultations.”

European governments also expressed misgivings about ambiguities in Obama’s position, prompting the new administration to dispatch Daniel Glaser, acting assistant secretary of the Treasury for terrorist financing and financial crimes, to a meeting in Brussels, Belgium, on March 2 and 3, 2009, involving many of Europe’s top Middle East experts.

Glaser explained that Obama’s “engagement” strategy with Iran was only the velvet glove covering an iron fist. “’Engagement’ alone is unlikely to succeed,” Glaser told the meeting, suggesting the overtures were merely necessary steps to justify a more aggressive strategy. Referring to the short time window for any talks, he added, “time was not on our side.”

The experts got Glaser’s message. “Iran needs to fear the stick and feel a light ‘tap’ now,” said Robert Cooper, a senior European Union official. The cable added, “Glaser agreed, noting the stick could escalate beyond financial measures under a worst case scenario.”

So, even as the Obama administration was discussing a possible swap of Iranian low-enriched uranium, it was pressing ahead with plans to enlist the world community, including Iranian trading partners China and Russia, in a new round of sanctions.

The leaked cables show that China was swayed by promises that Saudi Arabia would replace any oil from a possible Iranian cutoff, and Russia was brought onboard by Obama’s agreement to move a ballistic missile defense site from Poland and the Czech Republic to a ship-based system targeted on Iran.

By early 2010, both China and Russia had agreed not to exercise their UN Security Council vetoes to stop new sanctions against Iran. A January 2010 cable reported that a Russian official had “indicated Russia’s willingness to move to the pressure track.” [New York Times, Nov. 29, 2010]

Derailing a Uranium Swap

Meanwhile, Iran’s internal dissension had complicated an agreement on a low-enriched uranium swap. Though the government of President Mahmoud Ahmadinejad embraced the idea in fall 2009, agreeing to give up about half of Iran’s low-enriched uranium to get nuclear isotopes for medical research, some of his political opponents – favored by the West – attacked the proposed deal.

When Ahmadinejad’s government sought some modifications on how the uranium would be transferred, the Obama administration dismissed any changes and the major U.S. news media jumped on Ahmadinejad for supposedly reneging on the original agreement.

The leaked cables, however, shed new light on what was actually occurring. The Obama administration wasn’t really committed to the swap idea as much as it was using the appearance of negotiations to set the stage for a new round of sanctions. The moves by Iran’s internal opposition to torpedo the deal also look different in this context, as possibly a tactic to help the West isolate Ahmadinejad’s government.

In spring 2010, Ahmadinejad agreed to another version of the uranium swap proposed by the leaders of Brazil and Turkey, with the apparent backing of President Obama. However, that arrangement came under fierce attack by Secretary of State Hillary Clinton, considered a hawk on Iran, and was mocked by leading U.S. news outlets, including the New York Times and the Washington Post.

The ridicule of Brazil and Turkey – as bumbling understudies on the world stage – continued even after Brazil released Obama’s private letter to President Luiz Inacio Lula da Silva encouraging Brazil and Turkey to work out the deal. Despite the letter’s release, Obama didn’t publicly defend the swap and instead joined in scuttling the deal.

Much like during the run-up to war with Iraq, opinion leaders at the New York Times and Washington Post eagerly beat the drums for another confrontation.

A New York Times editorial praised the new round of anti-Iran sanctions from the UN, but complained they “do not go far enough.” The Times also took another swipe at Brazil and Turkey, which voted against the new sanctions from their temporary seats on the Security Council.

“The day’s most disturbing development was the two no votes in the Security Council from Turkey and Brazil,” the Times wrote. “Both are disappointed that their efforts to broker a nuclear deal with Iran didn’t go far. Like pretty much everyone else, they were played by Tehran.”

Though this Times point of view fits with neocon orthodoxy – that any reasonable move toward peace and away from confrontation is a sign of naivete and weakness – the fact is that the Iran-Turkey-Brazil deal was torpedoed by the United States, after Obama had encouraged it. This wasn’t a case of the two countries being “played by Tehran.”

The documents just released by Wikileaks underscore this point. The Obama administration was using the appearance of engagement as a means for neutralizing opposition to its plans for another escalation of tensions in the Middle East.

A Loose Coalition

The cables also make clear that Israel and the Sunni oil sheikdoms had formed into a loose anti-Iran coalition pushing for more aggressive U.S. policies toward the Shiite-ruled country.

In late 2009, one cable reported that the king of Bahrain told U.S. officials that Iran’s nuclear program “must be stopped,” adding that “the danger of letting it go on is greater than the danger of stopping it.”

According to another cable, Saudi King Abdullah urged the United States to “cut off the head of the snake” before it was too late.

However, such alarmist rhetoric from the region’s oil sheikdoms regarding Iran is nothing new. The Saudis and other Persian Gulf states have been demanding stern action against Iran – and decrying alleged U.S. softness – since Islamists overthrew the autocratic Shah of Iran in 1979.

Some of those warnings were contained in other classified U.S. cables that came out in an unauthorized fashion, in that case from the Iranian student militants who seized the U.S. Embassy in Tehran on Nov. 4, 1979, after the Carter administration permitted the deposed Shah into the United States for cancer treatment.

Playing on America’s Cold War fears, Saudi leaders warned that the Islamic government of Ayatollah Ruhollah Khomeini would soon give way to a communist takeover.

“Developments in Iran … could be seen as an example of U.S. seeming indifference or impotence,” Saudi Prince Fahd complained to visiting Carter administration officials. “Instead of pressuring the shah into bringing his thoughts and actions up to date so as to pull the rug out from under the communist agitators, you let him go.”

Fahd predicted that this communist success in Iran would spread across the Middle East and threaten Saudi Arabia and the other oil-rich sheikdoms.

“Shortly, perhaps within a few months, Khomeini will be out and Iran will become another Ethiopia, ruled by communists placed there by Moscow,” Fahd warned.

The cable continued, “The crown prince regretted that the United States did nothing to counter the communist threat in the region. Fahd further noted that Iran was threatening Bahrain, Kuwait, and other Arab countries of the Gulf. There had, however, not been a word of caution to Iran from President Carter to reassure not only weak countries, like Bahrain, but also America’s other friends in the area and around the world.”

Of course, the Saudi fears of a communist wave tossing out Khomeini and then rolling across the oil-rich Middle East never materialized. Three decades later, the Islamist government of Iran remains largely intact, threatened mostly by dissidents who favor only a modestly less religious political system.

Calling in a Debt

In 1979, the greater danger to the sheikdoms came – not from communism – but from the ascetic lifestyles of Khomeini and Iran’s other theocratic rulers, which contrasted with the playboy opulence of the Saudis and other royal families from the region.

In effect, a nervous Fahd was calling due the post-World War II American commitment to protect the security of the Persian Gulf sheikdoms in exchange for reasonably priced oil. One secret State Department cable, dated July 5, 1979, bluntly explained the point: “Oil for security is still the essence of the special relationship” with the Saudis.

The new cables from WikiLeaks add a few insights into how Iran was contained in those years after the revolution, largely by the military intervention of Iraq’s Saddam Hussein.

According to one of those cables, in December 2005, Saudi King Abdullah lashed out at George W. Bush’s administration for ignoring his warnings against invading Iraq in 2003, noting that the new Iraqi government was dominated by Shiites with close ties to Iran.

“Whereas in the past the U.S., Saudi Arabia and Saddam Hussein had agreed on the need to contain Iran, U.S. policy had now given Iraq to Iran as a ‘gift on a golden platter,’” the U.S. Embassy cable quoted the king as complaining.

Abdullah’s comment offered a glimpse into the Realpolitik that has been played for generations in the oil-rich region.

A “top secret” U.S. document that I uncovered in congressional files in 1994 claimed that – according to senior Middle East leaders – even President Jimmy Carter, the renowned peacemaker, engaged in this ruthless big-power politics.

The document, a two-page “Talking Points” prepared by Secretary of State Alexander Haig for a briefing of President Reagan, recounted Haig’s first trip to the Middle East in April 1981.

In the report, Haig wrote that he was impressed with “bits of useful intelligence” that he had learned. “Both [Egypt's Anwar] Sadat and [Saudi Prince] Fahd [explained that] Iran is receiving military spares for U.S. equipment from Israel,” Haig reported.

This fact might have been less surprising to Reagan, whose intermediaries allegedly had collaborated with Israeli officials in 1980 and early 1981 to smuggle weapons to Iran behind President Carter’s back. [For details, see Robert Parry’s Secrecy & Privilege.]

But Haig followed that comment with another stunning assertion: “It was also interesting to confirm that President Carter gave the Iraqis a green light to launch the war against Iran through Fahd.”

Questions about Carter

In other words, according to Haig’s information, Saudi Prince Fahd (later King Fahd) claimed that Carter, apparently hoping to strengthen the U.S. hand in the Middle East and desperate to pressure Iran over the stalled hostage talks, gave clearance to Saddam Hussein’s invasion of Iran.

Haig’s written report contained no other details about the “green light,” and Haig declined my subsequent requests for an interview about the Talking Points. But the paper represented the first documented corroboration of Iran’s long-held belief that the United States had encouraged Iraq’s 1980 invasion.

In 1980, President Carter termed those Iranian charges of U.S. complicity “patently false.” Later, he mentioned Iraq’s invasion only briefly in his presidential memoir, in the context of an unexpected mid-September hostage initiative from a Khomeini in-law, Sadeq Tabatabai.

“Exploratory conversations [in Germany] were quite encouraging,” President Carter wrote about that approach, but he added: “As fate would have it, the Iraqis chose the day of [Tabatabai's] scheduled arrival in Iran, September 22, to invade Iran and to bomb the Tehran airport. Typically, the Iranians accused me of planning and supporting the invasion.”

The Iraqi invasion did make Iran more desperate to get U.S. spare parts for its air and ground forces. Yet the Carter administration continued to demand that the American hostages be freed before military shipments could resume. The Republicans around Ronald Reagan were more accommodating to Iran, apparently beginning during Campaign 1980.

Secret FBI wiretaps revealed that an Iranian banker, the late Cyrus Hashemi, who supposedly was helping President Carter on the hostage talks, actually was assisting Republicans with arms shipments to Iran and with money transfers in fall 1980.

Hashemi’s older brother, Jamshid, testified in the early 1990s that the Iran arms shipments, via Israel, resulted from secret meetings in Madrid between Reagan’s campaign director, William J. Casey, and one of Khomeini’s emissaries, a hard-line Islamic mullah named Mehdi Karrubi. (Today, Karrubi – now considered a “reformer” – is a leader of Iran’s political opposition which lodged strong objections to the uranium-swap proposal in 2009.)

Whatever the full truth about the 1980 back-channel maneuvers – known as the October Surprise mystery – there’s no doubt that the Reagan administration did arrange for secret shipments of sophisticated U.S. missiles and other weapons to Iran during the 1980s. When disclosed in 1986, those deals became the center of the Iran-Contra scandal.

It was also discovered in the late 1980s that the Reagan administration had been secretly providing military support to Iraq as well.

The Iran-Iraq War raged on for more than eight years, killing and maiming an estimated one million people. The economic dislocations also set the stage for Iraq’s invasion of Kuwait in 1990 over a dispute regarding Iraq’s war debt.

The subsequent U.S.-led military campaign to oust Iraqi forces from Kuwait in 1991 placed U.S. troops in Saudi Arabia, infuriating Islamists such as Saudi Osama bin Laden, who vowed to drive American forces out of Islamic lands by attacking U.S. military and civilian targets.

That led to the 9/11 terror attacks and to George W. Bush’s invasions of Afghanistan in 2001 and of Iraq in 2003.

The new cables from WikiLeaks indicate that the Obama administration now has taken its place in a long line of U.S. governments trying its hand at complicated – and often misguided – strategies for power and influence in the oil-rich Middle East.

Robert Parry broke many of the Iran-Contra stories in the 1980s for the Associated Press and Newsweek. His latest book, Neck Deep: The Disastrous Presidency of George W. Bush, was written with two of his sons, Sam and Nat, and can be ordered at neckdeepbook.com. His two previous books, Secrecy & Privilege: The Rise of the Bush Dynasty from Watergate to Iraq and Lost History: Contras, Cocaine, the Press & ‘Project Truth’ are also available there.


12/17/2011

Bradley Manning’s attorney in WikiLeaks case seeks presiding officer’s recusal

Bradley Manning is accused of disclosing diplomatic cables and intelligence reports to WikiLeaks.

Πηγή: Washington Post
By Ellen Nakashima
Dec 17 2011

The military pretrial hearing for Pfc. Bradley Manning opened contentiously Friday, with his defense attorney arguing that the presiding officer lacked the impartiality to render fair judgment in a case growing out of the release of a trove of government secrets to WikiLeaks last year.

Manning, 23, could face the death penalty or life in prison if he goes to trial and is found guilty of all charges related to the alleged leaking of hundreds of thousands of secret U.S. documents.

His attorney said Army Lt. Col. Paul Almanza, a reservist who also works for the Justice Department, could not be unbiased, citing that department’s ongoing investigation of WikiLeaks co-founder Julian Assange.

“That simple fact alone, without anything else, would cause a reasonable person to say, ‘I question your impartiality,’ ” the attorney, David E. Coombs, told Almanza, who works in the child exploitation unit of the Justice Department.

Almanza, formally known as the investigating officer in the hearing, rejected a request for recusal after considering it during a recess. He said his unit has no involvement in the case or in national security issues.

“I do not believe a reasonable person, knowing all the circumstances, would be led to the conclusion that my impartiality would be reasonably questioned,” he said. “I thus deny the defense request to recuse myself.”

Coombs then moved to file a writ with the Army Court of Criminal Appeals to stay the proceedings until a decision can be made on whether Almanza should continue to preside. The hearing can proceed while the appeals court weighs the request, military law experts said.

During the hearing, in a military courtroom at Fort Meade, Manning sat calmly at the defense table, watching his attorney intently and occasionally taking notes. Sporting close-cropped hair, Army fatigues and prison-issue, dark-rimmed glasses, he spoke only to answer brief questions regarding his rights and the charges.

It was the first public appearance for the 23-year-old, a former Army intelligence analyst in Baghdad, since he was detained in May 2010. The hearing will determine whether the case should proceed to a court-martial.

Prosecutors have charged Manning with aiding the enemy, which could carry a death penalty or life in prison, as well as violating the Espionage Act by causing government intelligence to be published on the Internet. Prosecutors have said they will not seek the death penalty, though it is ultimately up to a military commander known as a “convening authority” to decide whether to refer the case to court-martial and with what charges and penalties.

Coombs punctuated his arguments with gestures and occasionally turned to face the audience of about 45 people. At one point, Almanza chided him for playing to the gallery.

“Mr. Coombs,” he said, “who are you addressing?”

Coombs argued that Almanza has shown partiality by approving all 20 of the government’s requested witnesses while allowing only two of the defense’s 38 requested witnesses to appear. Some of those who were rejected would have been able to testify that the national security harm caused by the leaked documents would be minimal, Coombs said.

Meanwhile, he said, the government has been granted delays to determine whether the material leaked was properly classified and to assess the damage to national security and foreign relations.

“A year and a half later, this is what we are doing?” Coombs said. “Where’s the damage? Where’s the harm? That’s what the defense wanted to get at today in this hearing. Yet you again ruled today, ‘No, I’m not going to hear that.’ ”

Protesters gathered Friday morning outside the gates of Fort Meade to show support for Manning. Some attended the proceedings. As the hearing adjourned for the day, an antiwar veteran shouted, “Bradley Manning, you’re a hero!”

None of Manning’s family members were in the courtroom, though an aunt watched from a separate viewing area. The hearing is scheduled to resume Saturday.


11/02/2011

British High Court rejects Assange extradition appeal

WikiLeaks founder Julian Assange (C) arrives at London's High Court on November 2, 2011. The British court ruled that he should be sent to Sweden for questioning over alleged sexual misconduct.

Πηγή: Washington Post
By Karla Adam
Nov 2 2011

LONDON — WikiLeaks founder Julian Assange lost his battle against extradition Wednesday when Britain’s High Court ruled that he should be sent to Sweden to face questioning over allegations of sexual misconduct.

The judgment was handed down by High Court judges John Thomas and Duncan Ouseley with Assange in attendance, wearing a dark suit and a Remembrance Day poppy.

In their ruling, the judges said that the European Arrest Warrant that triggered Assange’s arrest and subsequent proceedings by the Swedish authorities were “proportionate.”

Lawyers for the 40-year-old Australian are expected to seek permission to appeal the decision to the Supreme Court, the highest court in the land. The legal team must lodge an application within the next two weeks, and make a case that a “point of law of general importance” is at stake.

Swedish authorities have not charged Assange, but they want to question him over allegations of sexual molestation, unlawful coercion and rape made by two Swedish women following a trip to Stockholm in August 2010. Assange vehemently denies the charges.

A British judge ordered Assange’s extradition in February, but his legal team appealed, arguing that the arrest warrant was flawed and the sex was consensual and would not be considered a crime in England.

After Wednesday’s ruling, Assange delivered a short statement to the jostling throng of reporters outside of the Royal Courts of Justice. It was a marked contrast to the lengthy, defiant speeches he made after previous hearings,

“I have not been charged with any crime, in any country. Despite this, the European Arrest Warrant is so restrictive that it prevents U.K. courts from considering the facts of a case, as judges have made clear here today,” Assange said. “We will be considering our next steps in the days ahead.”

He also urged people to visit swedenversusassange.com, a Web site commissioned by Assange’s defense fund,“if you want to know what’s really going on in this case.”

Joshua Rozenberg, a legal expert, said that a decision on whether the Supreme Court would hear Assange’s appeal could stretch out for “certainly weeks.”

If the Supreme Court hears Assange’s appeal, a decision in the case could take up to a year. If it does not, British law enforcement officers will arrange for Assange to be extradited to Sweden within 10 days.

In Sweden, the maximum sentence is six years for rape, two years for sexual molestation, and one year for unlawful coercion.

In his recently published “unauthorized autobiography,” Assange conceded he was cold to the two Swedish women he calls “A” and “W”, but denied criminality.

“I wasn’t a reliable boyfriend, or even a very courteous sleeping partner, and this began to figure,” he wrote. “Unless, of course, the agenda had been rigged from the start.”

Assange has said that the charges against him are politically motivated — an attempt at revenge after the WikiLeaks publications of a trove of classified military and diplomatic documents that have embarrassed the U.S. government.

The anti-secrecy Web site recently announced it would be scaling back operations so that it could focus on raising money, following an 11-month financial embargo by Visa, MasterCard and other financial firms that accept financial transactions.

Last month, Assange said WikiLeaks faced an “existential” crisis and could close as early as January if it was unable to boost its financial reserves.

Despite mounting legal costs, Assange has stressed that none of the money donated to WikiLeaks has been used to pay for his legal fees in the extradition battle.


Assange remains on bail as his lawyers decide whether to attempt an appeal. Since his arrest in December 2010, Assange has been living under partial house arrest at a supporter’s mansion home northeast of London. He is required to wear an electronic tag and check in nightly with the police.


10/10/2011

U.S. Government Obtains Secret Court Order for Email Data of WikiLeaks Volunteer

Attorney General Eric Holder has said the U.S. is pursuing an 'active criminal investigation' of WikiLeaks.


Πηγή: The Wall Street Journal
By JULIA ANGWIN
Oct 10 2011

The U.S. government has obtained a controversial type of secret court order to force Google Inc. and small Internet provider Sonic.net Inc. to turn over information from the email accounts of WikiLeaks volunteer Jacob Appelbaum, according to documents reviewed by The Wall Street Journal.

Sonic said it fought the government's order and lost, and was forced to turn over information. Challenging the order was "rather expensive, but we felt it was the right thing to do," said Sonic's chief executive, Dane Jasper. The government's request included the email addresses of people Mr. Appelbaum corresponded with the past two years, but not the full emails.

Both Google and Sonic pressed for the right to inform Mr. Appelbaum of the secret court orders, according to people familiar with the investigation. Google declined to comment. Mr. Appelbaum, 28 years old, hasn't been charged with wrongdoing.

The court clashes in the WikiLeaks case provide a rare public window into the growing debate over a federal law that lets the government secretly obtain information from people's email and cellphones without a search warrant. Several court decisions have questioned whether the law, the Electronic Communications Privacy Act, violates the U.S. Constitution's Fourth Amendment protections against unreasonable searches and seizures.

WikiLeaks is a publisher of documents that people can submit anonymously. After WikiLeaks released a trove of classified government diplomatic cables last year, U.S. Attorney General Eric Holder said the U.S. was pursuing an "active criminal investigation" of WikiLeaks.

Passed in 1986, the Electronic Communications Privacy Act is older than the World Wide Web, which was dreamed up in 1989. A coalition of technology companies—including Google, Microsoft Corp. and AT&T Corp.—is lobbying Congress to update the law to require search warrants in more digital investigations.

The law was designed to give the same protections to electronic communications that were already in place for phone calls and regular mail. But it didn't envision a time when cellphones transmitted locations and people stored important documents on remote services, such as Gmail, rather than on their own computers.

Law enforcement uses the law to obtain some emails, cellphone-location records and other digital documents without getting a search warrant or showing probable cause that a crime has been committed. Instead the law sets a lower bar: The government must show only "reasonable grounds" that the records would be "relevant and material" to an investigation.

As a result, it can be easier for law-enforcement officers to see a person's email information than it is to see their postal mail.

Another significant difference: A person whose email is inspected this way often never knows a search was conducted. That's because court orders under the 1986 law are almost always sealed, and the Internet provider is generally prohibited from notifying the customer whose data is searched. By contrast, search warrants are generally delivered to people whose property is being searched.

The secrecy makes it difficult to determine how often such court orders are used. Anecdotal data suggest that digital searches are becoming common.

In 2009, Google began disclosing the volume of requests for user data it received from the U.S. government. In the six months ending Dec. 31, Google said it received 4,601 requests and complied with 94% of them. The data include all types of requests, including search warrants, subpoenas and requests under the 1986 law.

At a Senate hearing in April on whether the 1986 law needs updating, Associate Deputy Attorney General James A. Baker cautioned Congress "that raising the standard for obtaining information under ECPA may substantially slow criminal and national security investigations."

In May, the ECPA's author, U.S. Sen. Patrick Leahy (D., Vt.), said the original law is "significantly outdated and outpaced by rapid changes in technology." He introduced a bill adopting many of the recommendations of the technology coalition lobbying for changes to the law.

Some federal courts have questioned the law's constitutionality. In a landmark case in December, the U.S. Court of Appeals for the Sixth Circuit ruled that the government violated the Fourth Amendment when it obtained 27,000 emails without a search warrant.

"The police may not storm the post office and intercept a letter, and they are likewise forbidden from using the phone system to make a clandestine recording of a telephone call—unless they get a warrant," Judge Danny Boggs wrote in the 98-page opinion. "It only stands to reason that, if government agents compel an [Internet service provider] to surrender the contents of a subscriber's emails, those agents have thereby conducted a Fourth Amendment search."

In August, the U.S. District Court of the Eastern District of New York over-ruled a government request to obtain cellphone location records without a warrant, calling it "Orwellian." Judge Nicholas Garaufis wrote: "It is time that the courts begin to address whether revolutionary changes in technology require changes to existing Fourth Amendment doctrine." The government has appealed.

The WikiLeaks case became a test bed for the law's interpretation earlier this year when Twitter fought a court order to turn over records from the accounts of WikiLeaks supporters including Mr. Appelbaum.

Mr. Applebaum is a developer for the Tor Project Inc., a Walpole, Mass., nonprofit that provides free tools that help people maintain their anonymity online. Tor's tools are often used by people living in countries where Internet traffic is monitored by the government. Tor obtains some of its funding from the U.S. government.

Mr. Appelbaum has also volunteered for WikiLeaks, which recommends people use Tor's tools to protect their identities when submitting documents to its website. In April 2010, Mr. Appelbaum's involvement in WikiLeaks was inadvertently disclosed publicly in a blog post on the website of the Committee to Protect Journalists. The reporter, Danny O'Brien, said Mr. Appelbaum had thought he was speaking anonymously. Mr. O'Brien said he later offered to remove Mr. Appelbaum's name from the post.




WikiLeaks was founded by Julian Assange.

After the blog post appeared, Mr. Appelbaum became a public advocate for WikiLeaks. In June, he gave a speech at a Northern California technology camp where he called WikiLeaks founder Julian Assange one of the "biggest inspirations in my life."

On Dec. 14, the U.S. Department of Justice obtained a court order for information from the Twitter account of people including Mr. Appelbaum and WikiLeaks supporters Birgitta Jonsdottir, a member of the Icelandic parliament, and Rop Gonggrijp, a Dutch computer programmer. Neither has been charged with wrongdoing.

The order sought the "Internet protocol," or IP, addresses of the devices from which people logged into their accounts. An IP address is a unique number assigned to a device connected to the Internet.

The order also sought the email addresses of the people with whom those accounts communicated. The order was filed under seal, but Twitter successfully won from the court the right to notify the subscribers whose information was sought.

On Jan. 26, attorneys for Mr. Appelbaum, Mr. Gonggrijp and Ms. Jonsdottir jointly filed a motion to vacate the court order. They argued, among other things, that because IP addresses can be used to locate a person in "specific geographic destinations," it constituted a search under the Fourth Amendment and thus required a warrant.

The government argued that IP addresses don't reveal precise location and are more akin to phone numbers. At a Feb. 15 hearing, Assistant U.S. Attorney John S. Davis said, "this is a standard… investigative measure that is used in criminal investigations every day of the year all over this country."

On March 11, U.S. Magistrate Judge Theresa Carroll Buchanan denied the WikiLeaks supporters' motion. They have appealed.

Twitter hasn't turned over information from the accounts of Mr. Appelbaum, Ms. Jonsdottir and Mr. Gonggrijp, according to people familiar with the investigation.

The court orders reviewed by the Journal seek the same type of information that Twitter was asked to turn over. The secret Google order is dated Jan. 4 and directs the search giant to hand over the IP address from which Mr. Appelbaum logged into his gmail.com account and the email and IP addresses of the users with whom he communicated dating back to Nov. 1, 2009. It isn't clear whether Google fought the order or turned over documents.

The secret Sonic order is dated April 15 and directs Sonic to turn over the same type of information from Mr. Appelbaum's email account dating back to Nov. 1, 2009.

On Aug. 31, the court agreed to lift the seal on the Sonic order to provide Mr. Appelbaum a copy of it. Sonic Chief Executive Mr. Jasper said the company also sought to unseal the rest of its legal filings but that request "came back virtually entirely denied."


9/22/2011

Congressional Research Service report on WikiLeaks, publishing classified info, Espionage Act, & the 1st Amd



Πηγή: FAS
Sep. 8 2011


Summary

The online publication of classified defense documents and diplomatic cables by the organization WikiLeaks and subsequent reporting by The New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. The suspected source of the material, Army Private Bradley Manning, has been charged with a number of offenses under the Uniform Code of Military Justice (UCMJ), including aiding the enemy, while a grand jury in Virginia is deciding whether to indict any civilians in connection with the disclosure. A number of other cases involving charges under the Espionage Act demonstrate the Obama Administration’s relatively hard-line policy with respect to the prosecution of persons suspected of leaking classified information to the media.

This report identifies some criminal statutes that may apply, but notes that these have been used almost exclusively to prosecute individuals with access to classified information (and a corresponding obligation to protect it) who make it available to foreign agents, or to foreign agents who obtain classified information unlawfully while present in the United States. Leaks of classified information to the press have only rarely been punished as crimes, and we are aware of no case in which a publisher of information obtained through unauthorized disclosure by a government employee has been prosecuted for publishing it. There may be First Amendment implications that would make such a prosecution difficult, not to mention political ramifications
based on concerns about government censorship. To the extent that the investigation implicates any foreign nationals whose conduct occurred entirely overseas, any resulting prosecution may carry foreign policy implications related to the exercise of extraterritorial jurisdiction and whether suspected persons may be extradited to the United States under applicable treaty provisions.

This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals. 

The report provides a summary of recent legislation relevant to the issue (H.R. 703, S. 315, S. 355, H.R. 1823) as well as some previous efforts to criminalize the unauthorized disclosure of classified information.



Post Wikileaks CR

9/18/2011

China buys gold, challenges US dollar

China plans to let its currency trade freely on international markets by 2015


Πηγή: ALJazeera
By Chris Arsenault
13 Sep 2011


WikiLeaks cables allege that China is buying gold to weaken the US dollar's supremacy as the world's reserve currency.

China is shifting some of its massive foreign holdings into gold and away from the US dollar, undermining the dollar's role as the world's reserve currency, accoding to a recently released WikiLeaks cable.

"They [the US and Europe] intend to weaken gold's function as an international reserve currency. They don’t want to see other countries turning to gold reserves instead of the US dollar or Euro," stated the 2009 cable, quoting Chinese Radio International. "China's increased gold reserves will thus act as a model and lead other countries towards reserving more gold."

The cable is titled "China increases its gold reserves in order to kill two birds with one stone". Taken together with recent policy announcements from Chinese banking officials, it may signal moves by China to eventually replace the US dollar as the world's reserve currency.

Last week, European business officials announced that China plans to make its currency, the yuan, fully convertible for trading on international markets by 2015. Zhou Xiaochuan, governor of China's central bank, said the offshore market for the yuan is "developing faster than we had imagined" but there is no definitive timetable for making the currency fully convertible. Presently, the yuan cannot be easily converted into other currencies, because of government restrictions.

China's gold holdings are small compared to other major economies. It has 1,054 tonnes, the sixth-largest reserves in the world, according to data from the World Gold Council.

Dollar's dilemma

Buying gold and allowing the yuan to be traded freely would weaken the US dollar's dominance as the international reserve currency. The move would have major implications, making it more expensive for the US government to borrow money and to run perpetual trade and budget deficits.

"The US is used to having the position of having the key reserve currency, but others are eager to replace it," said Josh Aizenman, a professor of economics at the University of California and president of the International Economics and Finance Society.

As a reserve currency, the US dollar is the default for international transactions. If, for example, a South Korean company wants to buy wine from Chile, chances are they will carry out the transaction in dollars. Both companies must then purchase dollars to conduct their business, leading to greater demand. The value of global commodities, such as oil, is also generally demarcated in US dollars.

Being a reserve currency allows the US to borrow at low interest rates, as central banks around the world are eager to buy US government debt. "Any country that can finance its expenditures by printing money or selling bonds is essentially getting a free lunch," Aizenman told Al Jazeera.

With China's apparent change of heart, that "free lunch" now might come with a hefty tab. Given the massive US trade deficit, average Americans might be sent to the restaurant's kitchen to wash dishes if the dollar loses its status as the world's reserve currency.

"China, until recently, was focusing on buying the US dollar through bonds," Aizeman said. Since the economic crisis, the US dollar has dropped compared to other major currencies, particularly the Swiss franc, Canadian dollar and Brazilian real. This leaves China in a bind, analysts said.

Currency reserves

In March 2011, China held $3.04tn US dollars in reserves, Xinhua news agenecy reported. It is the largest holder of US treasuries, or government debt, with $1.166tn as of June 30, 2011, according to the San Francisco Chronicle. Thus, major devaluation of the dollar would hurt China, as it would be left holding wads of worthless paper.

"If you owe the bank $100, that's your problem. If you owe the bank $100m, that's the bank's problem," American industrialist Jean Paul Getty once remarked, in a parable that sums up China's predicament.

"China is locked into a position where they cannot sell a big portion of their dollar reserves overnight without hurting themselves," Aizenman said. "It is too late for now to diversify rapidly the stock they have already accumulated."

The answer: Buy gold. Everyone seems to be doing it. The value of the glistening commodity, useless for most practical purposes, increased almost 400 per cent, from less than $500 an ounce in 2005 to about $1,900 in September.

"Gold has risen in value because of uncertainty in the world economy," said Mark Weisbrot, the co-director of the Centre for Economic and Policy Research, a think-tank in Washington. "Normally, gold would rise due to high inflation. It is a store of value that increases if there is inflation. But in this case it is going up because nobody knows where else to put their money."

In the WikiLeaks cable, China alleged that "the US and Europe have always suppressed the rising price of gold", but neither Weisbrot or Aizenman think such a policy is taking place or even possible.

Presently, China places strict controls on its currency, limiting foreigners from doing business in the yuan or trading it on foreign exchange markets. That could change in the next five years, according to governor Xiaochuan's recent announcement.

By owning such large reserves of US currency, and through controlling the yuan, China can keep its currency lower than it would be if it floated freely. This makes Chinese exports cheaper.

The relationship, in which Chinese investment in US government bonds allows low interest rates for Americans to buy Chinese products, has worked well for the last 15 years. In 2010, the US ran a $273.1bn trade deficit with China.

"We pay our debts in dollars so we can print money to pay our international debts," Weisbrot told Al Jazeera. Because of the dollar's status as a reserve currency, the US "can run trade deficits indefinitely" while borrowing internationally without serious repercussions, giving the world's largest economy a "big advantage", he said.

If gold, the yuan, or a combination of other currencies replaced the dollar, the US would lose that advantage.
Without a replacement in the near term, nothing will replace the dollar as the world's reserve currency in the next five years at least. But nothing lasts forever. "When they [China] want the dollar to fall, they will let it," Weisbrot said. "The dollar will fall eventually but that could be a long time away."

The fate of the dollar notwithstanding, a separate WikiLeaks cable outlines some of the broader ambiguities of the world's most important economic relationship, or "ChinAmerica", as it has been dubbed by historian Niall Ferguson.

"No one in 1979 would have predicted that China would become the United States' most important relationship in thirty years," the cable stated. "No one today can predict with certainty where our relations with Beijing will be thirty years hence."


9/08/2011

Council Of Europe Supports "Whistleblower" Bradley Manning


By Adam Taylor 
Sep. 7, 2011


The Council of Europe, an international organization separate to the EU, has released a document that seeks to hold secret services accountable for their actions.

Here's the PDF of the document, entitled Abuse of State Secrecy and National Security. The BBC notes that the document states that "Bradley Manning as a whistleblower and should be treated as such" and also praises WikiLeaks.

The writer of the report, Swiss politician Dick Marty, argues that states are abusing national security issues:

A 'license to kill' (or to abduct and torture) only exists in certain films, and in dictatorial regimes. In democratic systems, parliaments, as representatives of the people, have a right and duty to know what the government is doing in the name of the people.

The Council of Europe was founded in 1949 and is best known as home to the European Court of Human Rights.


9/06/2011

Iraq to look into 2006 killing of children



Πηγή: BigNews
Tuesday 6th September, 2011


A diplomatic cable made available by Wikileaks has alleged US soldiers killed Iraqi civilians in 2006.

The cable shows evidence that American troops executed at least 10 Iraqi civilians, including four women and five children. The children were all five years old or younger.

The incident, which happened in the central Iraqi town of Ishaqi, about 130 kilometers northwest of the capital Baghdad, was revealed by a UN official.

According to an allegation made by the same official, US troops, after the incident, called for an airstrike on the house to destroy any evidence of the murders.

Troops had claimed an al-Qaeda suspect had been in a house in the same area.

Iraqi officials have said a probe will be launched into the massacre.


9/04/2011

Reporter recounts massacre revealed by WikiLeaks

Relatives mourn near the bodies of children, reportedly killed in a March 15, 2006 U.S. raid in the village of Ishaqi.


Πηγή: Salon
By Justin Elliott
Saturday, Sep 3, 2011


This week, a State Department cable released by WikiLeaks brought renewed attention to a disputed killing of several civilians in the Iraqi town of Ishaqi on March 15, 2006.

The cable contains a copy of a letter of inquiry by a U.N. investigator outlining allegations that U.S. forces had handcuffed and then "executed" 10 people in the home of Faiz Harrat Al-Majma'ee. The soldiers then called in an airstrike that destroyed the house, it alleges.

The U.S. military has maintained that nothing improper happened, but to this day has refused to comment in detail about the case.

Beyond the primary question about what happened that day and whether it was an unjustified massacre or a case of collateral damage, the incident has political ramifications. As the AP reported Friday, Iraqi politicians said this week the incident could have an impact on any agreement to allow U.S. forces to stay in the country beyond Dec. 31.

As the AP noted, "Whether U.S. forces in Iraq will continue to have legal immunity from prosecution if they stay is one of the major stumbling blocks in the ongoing negotiations, as Washington will not allow the military to remain without it."

A Pentagon spokesman said this week, "We've already investigated these allegations, and there is no new information."

To learn more, I spoke to journalist Matthew Schofield, who has been covering the incident since he first wrote about while on assignment in Iraq in 2006. He is currently an editorial writer at the Kansas City Star, a McClatchy paper, but he wrote a news article on the WikiLeaks cable this week.


8/29/2011

WikiLeaks cables expose Washington’s close ties to Gaddafi



Πηγή: Global Research
By Bill Van Auken
August 29, 2011



US embassy cables released by WikiLeaks on Wednesday and Thursday expose the close collaboration between the US government, top American politicians and Muammar Gaddafi, who Washington now insists must be hunted down and murdered.

Washington and its NATO allies are now determined to smash the Libyan regime, supposedly in the interests of “liberating” the Libyan people. That Gaddafi was until the beginning of this year viewed as a strategic, if somewhat unreliable, ally is clearly seen as an inconvenient truth.

The cables have been virtually blacked out by the corporate media, which has functioned as an embedded asset of NATO and the so-called rebel forces that it directs. It is hardly coincidental that the WikiLeaks posting of the cables was followed the next day by a combination of a massive denial of service attack and a US judge’s use of the Patriot Act to issue a sweeping “production order” or subpoena against the anti-secrecy organization’s California-based Domain Name Server, Dynadot.

The most damning of these cables memorializes an August 2009 meeting between Libyan leader Muammar Gaddafi and his son and national security adviser, Muatassim, with US Republican Senators John McCain (Arizona), Lindsey Graham (South Carolina), Susan Collins (Maine) and Connecticut “independent” Joe Lieberman.

McCain, the Republican presidential candidate in 2008, has in recent speeches denounced Gaddafi as “one of the most bloodthirsty dictators on Earth” and criticized the Obama administration for failing “to employ the full weight of our airpower” in effecting regime change in Libya.

In the meeting held just two years ago, however, McCain took the lead in currying favor with the Gaddafis. According to the embassy cable, he “assured” them that “the United States wanted to provide Libya with the equipment it needs for its security” and “pledged to see what he could do to move things forward in Congress.”

The cable continues to relate McCain’s remarks: “He encouraged Muatassim to keep in mind the long-term perspective of bilateral security engagement and to remember that small obstacles will emerge from time to time that can be overcome. He described the bilateral military relationship as strong and pointed to Libyan officer training at U.S. Command, Staff, and War colleges as some of the best programs for Libyan military participation.”

The cable quote Lieberman as saying, “We never would have guessed ten years ago that we would be sitting in Tripoli, being welcomed by a son of Muammar al-Qadhafi.” It states that the Connecticut senator went on to describe Libya as “an important ally in the war on terrorism, noting that common enemies sometimes make better friends.”

The “common enemies” referred to by Lieberman were precisely the Islamist forces concentrated in eastern Libya that the US then backed Gaddafi in repressing, but has now organized, armed and led in the operation to overthrow him.

The US embassy summarized: “McCain’s meetings with Muammar and Muatassim al-Qadhafi were positive, highlighting the progress that has been made in the bilateral relationship. The meetings also reiterated Libya’s desire for enhanced security cooperation, increased assistance in the procurement of defense equipment, and resolution to the C130s issue” (a contract that went unfulfilled because of previous sanctions).

Another cable issued on the same meeting deals with McCain’s advice to the Gaddafis about the upcoming release from a Scottish prison of Abdelbaset al-Megrahi, who had been convicted for the 1988 bombing of Pan Am 103 over Lockerbie, Scotland. McCain, who now fulminates about Gaddafi having “American blood on his hands,” counseled the Libyan leader that the release was a “very sensitive issue” in the US and that he should handle it discreetly, “in a way that would strengthen the growing relationship between our two countries, rather than hinder its progress.” Ultimately Gaddafi and other leading Libyan officials gave a hero’s welcome to Megrahi, who has proclaimed his innocence and had been set to have his appeal heard when the Scottish government released him.

Other cables highlight the increasingly close US-Libyan military and security cooperation. One, sent in February 2009, provides a “security environment profile” for Libya. It notes that US personnel were “scheduled to provide 5 training courses to host government law enforcement and security” the next month. In answer to whether the Libyan government had been able to “score any major anti-terrorism successes,” the embassy praised the Gaddafi regime for having “dismantled a network in eastern Libya that was sending volunteer fighters to Algeria and Iraq and was plotting attacks against Libyan security targets using stockpiled explosives. The operation resulted in the arrest of over 100 individuals.” Elements of this same “network” make up an important component of the “rebels” now armed and led by NATO.

Asked by the State Department if there existed any “indigenous anti-American terrorist groups” in the country, the embassy replied “yes”, pointing to the Libyan Islamic Fighting Group (LIFG), which it noted had recently announced its merger with Al Qaeda in the Lands of the Islamic Maghreb (AQIM). Again, elements of the LIFG are active in the leadership of the so-called rebels.

An April 2009 cable preparing Muatassim Gaddafi’s trip to Washington that month stresses plans for anti-terrorist training for Libyan military officers and potential arms deals. In its conclusion the embassy states: “The visit offers an opportunity to meet a power player and potential future leader of Libya. We should also view the visit as an opportunity to draw out Muatassim on how the Libyans view ‘normalized relations’ with the U.S. and, in turn, to convey how we view the future of the relationship as well. Given his role overseeing Libya’s national security apparatus, we also want his support on key security and military engagement that serves our interests.”

A May 2009 cable details a cordial hour-long meeting between Gaddafi and the then-head of the US Africa Command, General William Ward.

An August 2008 cable, a “scene setter” for the “historic visit” of Secretary of State Condoleezza Rice to Tripoli, declares that “Libya has been a strong partner in the war against terrorism and cooperation in liaison channels is excellent … Counter-terrorism cooperation is a key pillar of the U.S.-Libya bilateral relationship and a shared strategic interest.”

Many of the cables deal with opportunities for US energy and construction firms to reap “bonanzas” in the North African country and note with approval privatization efforts and the setting up of a Tripoli stock exchange.

Others, however, express concern, not about the Gaddafi regime’s repressive measures, but rather foreign policy and oil policy moves that could prejudice US interests. Thus, an October 2008 cable, cynically headlined “AL-QADHAFI: TO RUSSIA, WITH LOVE?” expresses US concern about the Gaddafi regime’s approach to Russia for lucrative arms purchases and a visit to Tripoli harbor by a flotilla of Russian warships. One month later, during a visit to Moscow, Gaddafi discussed with the Putin regime the prospect of the Russian navy establishing a Mediterranean port in the city of Benghazi, setting off alarm bells at the Pentagon.

Cables from 2008 and 2009 raise concerns about US corporations not getting in on “billions of dollars in opportunities” for infrastructure contracts and fears that the Gaddafi regime could make good on the Libyan leader’s threat to nationalize the oil sector or utilize the threat to extract more favorable contracts from the foreign energy corporations.

The cables underscore the hypocrisy of the US and its allies in Britain, France and Italy, who have championed “regime change” in the name of protecting Libyan civilians and promoting “democracy.”

Those like Obama, Sarkozy, Cameron and Berlusconi who have branded Gaddafi a criminal to be hunted down and murdered were all his accomplices. All of them collaborated with, armed and supported the Gaddafi regime, as US and European corporations reaped vast profits from Libya’s oil wealth.

In the end, they seized upon the upheavals in the region and the anti-Gaddafi protests in Libya as the opportunity to launch a war to establish outright semi-colonial control over the energy-rich country and rid themselves of an ally who was never seen as fully reliable or predictable and upset his patrons with demands
for better deals with big oil, closer ties with Russia and China and the threat of replacing the euro and dollar with a “gold dinar.”