Archive for the ‘Afghanistan’ Category

Hamid Karzai’s Scurrilous Attacks on the U.S. in Afghanistan

Thursday, March 14th, 2013

Recent News and Opinion

Alyssa J. Rubin, News Analysis: Karzai Bets on Vilifying U.S. to Shed His Image as a Lackey,” New York Times, March 12, 2013

Alyssa J. Rubin and Rod Norland, “U.S. General Puts Troops on Security Alert After Karzai Remarks,” New York Times, March 13, 2013

Leslie H. Gelb, “To Hell With Karzai,” The Daily Beast, March 12, 2013 (4:45 AM ET)

Ewen MacAskill (in Washington), “White House: claims of US collusion with Taliban ‘categorically false’; Obama spokesman rejects Karzai’s criticism of US as Afghan in police uniform kills seven including two American troops,” The Guardian, March 11, 2013 (15.51 ET)

Analysis

The United States has tolerated Hamid Karzai’s scurrilous attacks on the U.S. over the years, reacting with “understanding” that, e.g., Karzai is speaking to a domestic audience, or is acting crazy again.

But the U.S. has never reacted to these outrageous attacks with any understanding of their impact in a culture based on honor, and as a result has suffered the double humiliation of being attacked falsely and of being viewed as not having the courage to defend one’s honor.

Such attacks have worked for Karzai in the past, due to the American insistence that its envoys and military commanders get along with the green-caped magician. Karzai has proven far more adept than his allies at manipulating the other party or parties in an alliance which has kept him and the country’s corrupt political elite in power at the cost of U.S. and allied soldiers’ and civilians’ lives, and billions of dollars funneled into the coffers of government officials in what Dexter Filkins has quite aptly termed “Corruptistan”.

In 2009, the U.S. and NATO had a chance to bring Karzai to heel when decisions were being made on whether to insist that a second round in the presidential elections in Afghanistan actually be held, following the first-round elections held on August 20. Karzai’s fraud was so immense, that even the International Elections Commission, which found electoral corruption sufficient to require a second-round run-off,  barely touched the surface of the real fraud, due to the highly selective criteria it used to sample precincts for voting abuses.

The United States blinked, and backed Karzai instead of the democratic project the elections had been intended to further.

In view of the American backing of Karzai and the latter’s failure to guarantee that the second-round election would be fairly conducted, Abdullah Abdullah, the candidate who came in second with backing from the Northern Alliance and others, withdrew.

In any event, it had been obvious for some time that Karzai was the favored candidate of the U.S., for reasons which may have included his brother’s involvement in Kandahar with the CIA as well as that of many other high government officials who were on the CIA payroll.  While there is no public evidence of direct involvement of Hamid Karzai with the CIA, such a relationship now or in the past seems quite plausible given the CIA’s penetration of the highest ranks of the Afghan government, and therefore cannot be ruled out.

For whatever reasons, America could not break with Karzai.

As a result, without improvement of governance in the country to keep pace with military gains, Afghanistan now faces a period of growing instability in which it is fairly likely that the Taliban will achieve increasing control of the countryside as U.S. and ISAF forces draw down and essentially withdraw from the country.

Obama’s decisions in 2009 relating to the presidential elections constituted one of his worst foreign policy failures since assuming office.

The fact that the elections and decisions regarding the holding of the second-round election were not addressed within Obama’s much-touted Afghanistan policy review group revealed either the president’s incompetence in the foreign policy arena, or the fact that he and the CIA had decided issues relating to Karzai outside of the Afghan policy review process, or both of the above. The fact that then CIA Director Leon Panetta did not attend the last sessions of the policy review group lend support to the second hypothesis.

As for Karzai, Thomas Friedman predicted with unerring accuracy the following in an op-ed piece in March, 2010:

We have thousands of U.S. troops on the ground in Afghanistan and more heading there. Love it or hate it, we’re now deep in it, so you have to want our engagement there to build something that is both decent and self-sustaining — so we can get out. But I still fear that Karzai is ready to fight to the last U.S. soldier. And once we clear, hold and build Afghanistan for him, he is going to break our hearts.
–Thomas L. Friedman, “This Time We Really Mean It,” New York Times, March 30, 2010

As long as Karzai is calling the shots, the chances for the kinds of improvements in governance that are required for the government to remain in power and hold off the Taliban after the draw-down and departure of U.S. and ISAF troops do not appear great.

The Trenchant Observer

For (numerous) previous articles on Afghanistan by the Trenchant Observer, use the Search box in the upper right-hand corner of the home page.

UPDATE (MARCH 6) WITH LINKS TO SENATOR RAND PAUL FILIBUSTER; REPRISE: Secret Laws, the John Brennan vote, and the rule of law

Sunday, March 3rd, 2013

SENATOR RAND PAUL FILIBUSTER UPDATE

At 12:39 a.m. EST, Senator Rand Paul concluded a filibuster on the floor of the U.S. Senate that lasted more than 12 hours, conducting a rare “speaking” filibuster of the confirmation vote for John Brennan to be CIA Director. Brennan was approved by the Senate Select Committee on Intelligence earlier by a vote of 12-3.

The filibuster was carried live on C-Span II.

See C-SPAN for the archived debate up to the present, here.

Brennan is expected to be confirmed shortly.

But historians will look back at this dark period in which America abandoned the rule of law, and ask, “Who Spoke Up? Who opposed such actions?” Rand Paul will have a privileged place in the history they write. At least one Senator took this set of issues beyond the comfort zone. Others will stand up in voting against the Brennan nomination, some for the reasons set forth by Paul and in the article reproduced below.

************************************************************

REPRISE: Secret Laws, the John Brennan vote, and the rule of law

We must bear witness to the truth and fight to uphold the rule of law.

Originally published February 24, 2013

Let  us step back for a moment from the details of what John Brennan is saying now in order to get confirmed by the Senate as CIA Director.

The Senate Select Intelligence Committee vote on his confirmation, like the full Senate vote that may follow, poses fundamental moral and political questions for the Senators who will be voting.  Because the Brennan confirmation itself raises key questions regarding the struggle against terrorism and the rule of law, they will in effect be voting for a definition of American democracy as it exists today, in 2013.

Moreover, because the U.S. has been been viewed over the centuries as a beacon of liberty, their votes will have far-reaching impacts throughout the world, where the nature of democracy is also at issue.

Most importantly, perhaps, their votes will engage their own individual moral responsibilty for government actions which they, whether by acquiescence or affirmation, in effect approve of by their votes on the Brennan nomination.

These questions go to the heart of what it means to say America is a democratic nation governed by the rule of law.

In a democracy, can the government rule by secret laws?

In a democracy, can secret decrees or interpretations of legal authority be used to authorize or condone acts of torture, extraordinary renditions, or targeted killings?

What is the difference between secret star chamber proceedings in a dictatorship and secret proceedings in the U.S. Executive Branch by which it is decided that the right to life of a U.S. citizen, or a foreign citizen for that matter, is to be extinguished and that individual is then killed?

What does it say about American democracy today, in 2013, if Executive branch claims of legal authority to act extra-judicially to kill citizens of the U.S. or other countries are tacitly accepted, when the legal justifications for such actions are held in secret from the public and the Congress as a whole?

What does it say about American democracy when the constitutionality and legality of such actions, purportedly authorized by secret legal memoranda, are not subject to judicial review as a result of the Executive’s’ invocation of the “state secrets privilege”, whose broad interpretation by the Bush and Obama administrations the courts have not yet had the courage to strike down?

Can the American Democracy be said to be based on the rule of law, in 2013, under these circumstances?

Mr. Brennan is by all accounts the chief architect under Mr. Obama of the targeted killings programs of the Obama administration. In all likelihood, he is the single person who has done the most to persuade Mr. Obama, a former President of the Harvard Law Reviw and a former adjunct professor of Constitutional Law at the University of Chicago Law School, to go over to “the dark side”.

He did so in part by offering Obama moral justifications based on so-called “just war theory” going back to St. Thomas Aquinas, while ignoring the last century of developments in international law and the historical lessons they embodied.

In addition, Mr. Brennan has a deep association with the torture and extraordinary renditions programs of the Bush administration. He was unable, at his February 7, 2013 confirmation hearing before the Senate Select Intelligence Committee, to state clearly that “waterboarding” constitutes torture. Throughout his testimony he referred to acts of torture as “enhanced interrogation technicques” or, in even more Orwellian shorthand, as “EITs”.

Further, if one examines carefully the transcript of the Frebruary 7 confirmation hearing, one finds that he is a master of circumlocution and verbal legerdemain, and of telling political superiors what they want to hear.

Will he be able to enforce U.S. and international legal obligations prohibiting torture within the Central Intelligence Agency?  This appears hardly likely in view of his past, and his unwillingness to admit that even waterboarding is torture.

He has also said that the Bush torture program of enhanced interrogation techniques “saved lives”.  If he believes that to be the case, and the efficacy of torture is the standard to be applied, it is hard to see how he might avoid giving others in the CIA the impression he would give a wink and a nod to any aberrant behavior they felt they had to do.

Nor is Brennan likely to reestablish the human intelligence capabilities of the CIA, with his history of being the chief architect of the “killing lists” and the Obama policy of “targeted killings”–which is merely a euphemism for the words “extrajudicial executions” or “targeted assassinations” whenever they are conducted in  violation of international law (which may be much more often than Obama claims.)

The fact that he is extraordinarily skilled at telling political authorities exactly what they want to hear, and has other Obama officials willing to assert (on background, to be sure) that he is a voice of moral restraint within the White House, or is determined to improve the Agency’s human intelligence capabilities, should not be taken at face value. He is, after all, a spook, a trained expert in deception.  We should look at his history, his actions, and not just what he says today, in reaching any judgment about whether he should be confirmed.

Do we know yet today, for example, what role if any he played in the strange evolution of the Benghazi talking points?  His colleague, acting CIA Director Michael Morrell, could not even get his version of testimony to Congress on the talking points straight in a single day.

Can a democracy kill people on the basis of secret legal memoranda purporting to find legal authority for the Executive for such actions?

Can a democracy conduct extrajudicial killings in other countires without publishing its interpretation of international law that would authorize such killings, without subjecting its legal arguments to evaluation and responses by impartial experts from other countries, other states, and eventually the judges of international tribunals?

Can the Executive in a democracy kill individuals on the basis of secret legal justifications which are are shielded from judicial review and from the public?

That is the question. It is time that Senators take a stand on these issues, and there is no better opportunity or place to take such a stand than on the vote to confirm John Brennan.

By their votes, each Senator will incur individual moral responsibility for the actions he or she condones or rejects, and responsibility before history for the answers each gives  regarding the nature of democracy in America, in 2013.

The Trenchant Observer

The vote on John Brennan’s confirmation to be CIA Director: Opinion and Commentary

Wednesday, February 27th, 2013

Recent Commentary and Opinion

“It is not going too far to say that American foreign policy has become completely subservient to tactical domestic political considerations.”

This stern verdict comes from Vali Nasr, who spent two years working for the Obama administration before becoming dean of the Johns Hopkins School of Advanced International Studies. In a book called “The Dispensable Nation,” to be published in April, Nasr delivers a devastating portrait of a first-term foreign policy that shunned the tough choices of real diplomacy, often descended into pettiness, and was controlled “by a small cabal of relatively inexperienced White House advisers.”

–Roger Cohen, “Beltway Foreign Policy,” New York Times,
February 18, 2013

Shaun Waterman, “Vote on Brennan for CIA post put off; On Benghazi attack, questions remain, “The Washington Times, February 27, 2012.

Dana Milbank, “‘Trust me’ is not enough on drone warfare,” The Washington Post, February 8, 2023 (02:38 PM EST)

Glenn Greenwald. “Debating Zero Dark Thirty and John Brennan; Both the critics’ favorite film of 2012 as well as Obama’s nominee for CIA Director are supporters of torture,” The Guardian, January 8, 2013 (18.01 EST)

See also the following articles by the Trenchant Observer:

What difference does it make if John Brennan is confirmed?
February 27, 2013

Brennan’s wristbands, McCain’s hold, and assertions of legality under international law based on secret operations and secret legal memoranda (with links to Brennan confirmation hearing video, transcript, and written questions and answers)
February 25, 2013

Secret Laws, the John Brennan vote, and the rule of law
February 24, 2013

Imagine: The Collapse of International Order, Syria, and Berlin in 1945
February 20, 2013

Brennan unclear in confirmation hearing as to whether “waterboarding” constitutes “torture” (with transcript)—The John Brennan File #2
February 14, 2013

Drone Killings, the Constitution, International Law, and the John Brennan File
February 7, 2013

The Trenchant Observer

What difference does it make if John Brennan is confirmed?

Wednesday, February 27th, 2013

In the end, what difference does it make if John Brennan is confirmed as CIA Director by the Senate?

1. Well, for one thing, it may be the last chance for the Senate to get control of a failed foreign policy, and to actually put someone in who would complement Secretary of State John Kerry–as a member of a team that can get the nation’s foreign policy back on a track that might avoid further disasters, and maybe even lead to some successes.

Vali Nasr, the Dean of the Johns Hopkins School of International Affairs, is publishing a book, The Dispensable Nation, which is coming out in April and is already making waves as one of the first hard-hitting assessments of Obama’s foreign policy in his first term.. And the story isn’t pretty. Obama has led the nation into one failure after another, but liberals and Democrats have been unwilling to hold him accountable. The president, after all, perfectly represents the mood of the American people, by and large, who just want to get out of Bush’s wars and focus on domestic issues.

But the world exists, regardless of what the public in general want, and it keeps turning. It keeps spinning, in fact, in ways that often seem adverse to U.S. interests, and sometimes it seems even to be spinning out of control.

Brennan’s confirmation will tilt the balance of Obama’s foreign policy team back to the place where it has been for the last four years, with Obama mainly interested in killing terrorists by drones, while at the same time dragging his feet in other international crIsis arenas, such as Syria, Mali, or even Libya (until the French and the British dragged the U.S. into it, once Security Council authorzation was secured). Obama, in the end, is not interested in foreign policy, and doesn’t know how to conduct it. So he, and we, need a strong team.

2. Brennan is the High Priest of the war on terror, the Holy Warrior leading “The Last Crusade” against the Islamic terrorist infidels. And the strategy is simple–simply to kill them before they kill us. He is not plagued by self-doubt. Obama, in becoming a warrior himself, may have modeled himself on Brennan.

The only problem is that we may have been so busy fighting this war of  targeted executions that we failed to notice, much less try to influence, strategic developments of enormous significance.

While Brennan was busy managing the “kill lists” and coordinating drone strikes on the infidels, Obama was giving up the ship to Mohamed Morsi and the Muslim Brotherhood in Egypt, offering Morsi  support and not criticism when he launched his legal coup d’etat on November 22, abrogating the rule of law in the nascent democracy of Egypt. Morsi pushed through his illegitimate constitution, shutting down the Constitutional Court with brown-shirt tactics in the street.

What difference does that make?

Well, for one thing, al-Azhar university, which is the highest center of Islamic learning in the city which is the cultural capital of the Arab world, is now facing increasing pressure from the Muslim Brotherhood and the Salafists to assume a more fundamentalist approach to religious issues. These include those covered by the sharia, or Islamic law, now raised to a position of preeminence in Morsi’s Islamist constitution.

In effect, Brennan was leading Obama to go and try to kill terrorist leaders with drones, while the geotectonic plates of the Middle East were shifting in Egypt. As this was taking place, Obama and Hillary Clinton remained frozen, unable to act as events unfolded in Egypt. Yet the success of terrorism in the Middle East and North Africa is likely to be determined much more by developments at al-Azhar that by mid-level terrorists being killed by drones in Yemen

3. Then there are the moral issues. Torture. Extraordinary renditions to states which torture. Secret CIA “black prisons”, hidden from everyone, even the International Committee of the Red Cross. And targeted executions, including “signature” strikes against unknown individuals who evidenced a pattern of activities indicating they were terrorists. Any male over 14 killed in a drone attack was automatically deemed to be a terrorist, which was one way of keeping civilian casualties down–at least for those living within the White House bubble.

It is interesting how Brennan makes his legal arguments purporting to justify targeted killings.  He paints a picture of the ideal case. The  real cases, however, where unknown boys 14 years of age or older merit having their guts spattered in the sand, are cases we don’t know about, and whose justifying legal memoranda we will never see, because they are secret, indeed if in individual cases they exist at all. A legal opinion to support an execution would have to be individual, taking the specific facts of the case into account, and public, and presented to a competent judicial authority.

4. There are also issues of individual moral responsibility, and guilt, incurred by killing people outside the civilizing strucures of law, including international law.

Senators voting on Brennan face this moral responsibility, and potentially moral guilt from sanctioning actions which, in strictly legal terms, might be characterized as presumptive war crimes or other international crimes.

Like the Argentine politicians and generals who argued they faced the cancer of terrorism, Brennan’s supporters may find plausible arguments for going along with international crimes.

Then there is the argument that we should let bygones be bygones. Just turn the page, and move on.  Of course that was not the position adopted by Justice Robert Jackson at Nuremberg.

If there is one book the Senators might want to read before voting on the Brennan nomination, it is “The Question of German Guilt”, by the famous German philosopher Karl Jaspers. Jaspers, in a series of lectures at the University of Heidelberg in 1948, articulated with elegant distinctions the kinds of criminal, political, moral and existential guilt Germans might feel or be accused of, as the blinders came off about what Hitler and the Nazis had done in the Third Reich. His analysis is exceedingly pertinent to “The Question of American Guilt”.

There are also a few films the Senators might want to watch before voting on the Brennan nomination. One of the best is “The Official Story”, winner of an Academy Award for Best Foreign Film in 1985, which addresses questions of individual moral responsibility in the Argentine context. “Judgment at Nuremberg”, with Spencer Tracy starring as Justice Jackson, would be another.

Given Brennan’s use of the “cancer” metaphor to describe terrorism’s advances, the Senators might benefit from watching “Z”, Costa-Gavras’ film about the right-wing coup in Greece. Then there is always “Missing”, a film starring Jack Lemon which in the context of Agusto Pinochet’s coup in Chile powerfully conveys the impact on individuals and families of those who abandon law in favor of pure force in their battle against the “cancer” of terrorism–as they see it.

5. We must bear witness to the truth and fight to uphold the rule of law. Just as the excesses of the “Palmer raids” in 1919, or the internment of Japanese citizens in World War II, came to be understood as great deviations from the rule of law, so too some day future historians will ask, “Did no one oppose these outrageous violations of fundamental rights, or seek to prevent them from being carried out?”

We and others, at least, must speak out–as loudly and effectively as we can–so that there is some evidence that people opposed these outrages upon the Constitution and the rule of law. The challenges we face are not as great as those faced by Sophie Scholl, who distributed pamphlets in Hitler”s Germany, for which she was executed, or others who faced the power of totalitarian states, yet nonetheless spoke out.

In seeking to answer the historians’ question, the vote of individual Senators on the Brennan nomination will be duly noted, and the judgment of history will be entered, and it will fall upon those who vote, or abstain or are absent, on the Brennan nomination in the Senate.

Did this or that Senator stand up for the rule of law, and vote against a confirmation that would send a clear signal to the world that America endorses holy warriors who have no regard for international law and human rights? Or not?

How did these Senators, on the dates of these votes, define the nature of American Democracy in 2013? That is the question historians will ask, and about which they will write.

The Trenchant Observer

Brennan’s wristbands, McCain’s hold, and assertions of legality under international law based on secret operations and secret legal memoranda (with links to Brennan confirmation hearing video, transcript, and written questions and answers)

Monday, February 25th, 2013

Power tends to corrupt, and absolute power corrupts absolutely.”
–Lord Acton (1834-1902)

A remarkable photo of John Brennan at his Senate testimony on February 7, 2013, shows him wearing yellow and black plastic bands on his right wrist.

What are they, and what do they signify? Was he sending secret messages to certain people regarding his testimony? It is hard to know, but his appearance with those two hospital-like wrist-bands at his testimony was exceedingly strange.

Is he a member of the Knights of Malta, and was he signalling them something?

In the meantime, Senator John McCain has indicated that until he gets better answers about Benghazi and Brennan’s knowledge of CIA harsh interrogation techniques, he may place a “hold” on his nomination.

John McCain is distinguished in one particular respect, which gives him a unique perspective and great moral authority: he is the only U.S. Senator who has actually been tortured (in seven years of captivity in Vietnam).

See the photograph of Brennan (Alex Wong/Getty Images) and the story about McCain’s possible hold in:

Karen DeYoung, “McCain renews threat to hold up Brennan confirmation to CIA post,” Washington Post, February 24, 2013 (07:49 PM EST).

There was one notable attempt at humor during the February 7 confirmation hearing:

SENATOR BURR: Thank you, Chairman.

I’m going to try to be brief, because I’ve noticed you’re on
your fourth glass of water, and I don’t want to be accused
of waterboarding you.

(Laughter.)

How members of the Senate Select Committee on Intelligence can laugh at such an obscene joke surpasses understanding.

Torture is no laughing matter. Their laughter shows they are uncomfortable with torture. Their use of euphemisms such as “enhanced interrogation techniques” or “EITs” shields them from grappling, on an emotional and psychological level, with the terror they are referring to.

Worth noting in connection with international law and drone strikes are the following written question from the Chairman and answer by John Brennan:

[Committee Chairman] Could you describe the geographical limits on the Administration’s conduct drone strikes?

[John Brennan]As I noted in my speech at Harvard Law School in September 2011, and as the Attorney General stated publicly in March, we do not view our authority to use military force against al-Qa’ida and associated forces as being limited to “hot” battlefields like Afghanistan. Al-Qa’ida and its associates have in the recent past directed several attacks against us from countries other than Afghanistan. The Government has a responsibility to protect its citizens from these attacks, and, thus, as the Attorney General has noted, “neither Congress nor our federal courts has limited the geographic scope of our ability to use force to the current conflict in Afghanistan.”

This does not mean, however, that we use military force whenever or wherever we want. International legal principles, such as respect for another nation’s sovereignty, constrain our ability to act unilaterally. Using force in another country is consistent with these international legal principles if conducted, for example, with the consent of the relevant nation – or if or when other governments are unwilling or unable to deal effectively with a threat to the United States. (emphasis added)

–U.S. Senate Select Committee on Intelligence, “Open Hearing: Nomination of John O. Brennan to be the Director of the Central Intelligence Agency,” February 7, 2013, Responses to Posthearing Questions.

The material on the Committee’s website now includes the following:

Opening Statement
Responses to Questionnaire for Completion by Presidential Nominees
Responses to Additional Prehearing Questions
Responses to Posthearing Questions
Transcript
Archived Video

How can independent international lawyers form judgments about the legality of specific drone attacks when their very occurrence is officially held as a secret, and the legal interpretations of international law governing the use of force the Obama administration advances to justify their legality are also held in secret, both in terms of general authorization and in terms of authorized use in the specific targeted killing under examination?

How can any credence be given to such assertions of legality under international law when the legal justifications are themselves held in secret, from the Congress, from the American public, and from independent international legal experts outside the government in foreign countries, in foreign governments, and indeed in international tribunals?

The effectiveness of international law depends on the obligation of states to offer legal justifications for their actions. When the right of self-defense under Article 51 of the U.N. Charter is invoked, there is a specific requirement that they report actions taken in self-defense to the Security Council.

Here, the U.S. government does not acknowledge it is the author of drone strikes. It does not offer public legal justifications for its targeted killing activities, either under domestic or international law. It does not report such actions to the U.N. Security Council as specifically required by Article 51 of the U.N. Charter.

The government claims the right to execute U.S. and other citizens on the basis of secret legal memoranda and in the total absence of any public legal justifications for specific targeted executions.

John Brennan is the author of that policy under President Obama, and has served as its principal coordinator and implementer for the last four years.

To the extent these targeted executions cannot be justified by international law, they constitute assassinations and probably war crimes.

In the absence of public justifications of such actions, they cannot be viewed as legitimate under international law, which by its very nature requires public justifications of public actions permitting reactions by leading international scholars, other countries, and international tribunals.

Any claim of legality under international law based on secret operations and secret legal memoranda is by definition illegitimate and lacking in any persuasive force whatsoever.

The Trenchant Observer

Imagine: The Collapse of International Order, Syria, and Berlin in 1945

Wednesday, February 20th, 2013

There is nothing inevitable about international order.

The lessons of two world wars which informed the creation of the United Nations in 1945, and the maintenance of international peace and security for over 60 years, can be forgotten.

It is entirely conceivable that without decisive leadership from either Europe or the United States, the international order that has existed for many decades could start to wobble and even collapse.

And it is nearly impossible to conceive of such leadership emerging any time soon.

The rubble in Syria resembles the rubble in Berlin and the destruction in Germany in 1945, which occurred the last time the international order collapsed.

How bad could it get?

You could have wars like the one in Syria devastating countries in Africa, a nuclear attack on Los Angeles from North Korea, Iran with nuclear weapons and delivery systems within 5-10 years, and Israel surrounded by hostile Islamist states.

Things could fall apart.

Imagine a world without law, without international law governing the use of force which is generally observed and which states seek to  uphold when it is violated.

Imagine true anarchy unleashed upon the world.

Imagine a  world in which states use force without acknowledging they have acted, and without any obligation to publicly justify the legitimacy of their actions by reference to international law.

That is the direction in which we are heading.

The Trenchant Observer

Drone Killings, the Constitution, International Law, and the John Brennan File

Thursday, February 7th, 2013

Developing story
Check back for updates

Recent News Reports and Commentary

Michael Isikoff (National Investigative Correspondent, NBC News), “Justice Department memo reveals legal case for drone strikes on Americans; A secretive memo from the Justice Department, provided to NBC News, provides new information about the legal reasoningbehind one of the Obama administration’s controversial policies. Now, John Brennan, Obama’s nominee for CIA director, is expected to face tough questions about drone strikes on Thursday when he appears before the Senate Intelligence Committee,” Open Channel on NBC News.com, February 4, 2013.

Chris McGreal (New York), “John Brennan faces grilling over drone leak as senators demand answers; Nominee for CIA director set for tough confirmation questions from senators angered by lack of White House clarity on drones,” The Guardian, February 5, 2013 (13.51 EST).

Spencer Ackerman, “How Obama Transformed an Old Military Concept So He Can Drone Americans,” Wired, February 5, 2013 (10:16 AM).

Department of Justice, White Paper, “Lawfulness of a Lethal Operation Directed Against a U.S. Citizen Who is a Senior Operational Leader of Al Qa’ida or an Associated Force,” MSNBC, February 5, 2012.

John Brennan’s Senate Confirmation Hearings to be the Director of the CIA

It is clear that the confirmation of John Brennan by the U.S. Senate should at the very least be delayed until a number of very disturbing questions have been answered relating to the U.S. drone operations and kill lists directed by Brennan from the White House and by other agencies.

The leaking on February 4 and subsequent acknowledgment by government officials of an unclassified “Department of Justice White Paper” on the legal justification forthe killing of U.S. citizens in particular, and the drone operations in general, has raised more questions than it has answered, and led to calls by Senators for release of the full classified legal memorandum upon which it the White Paper was based.

Suddenly, Barack Obama’s secrecy bubble within which he and Executive branch officials convinced themselves that the drone strikes at targets on their kill lists, including the execution of American citizens such as Anwar al Aulaqi, are justified under the U.S. constitution, by domestic law, and under international law, has burst.

Now their legal justifications must be examined in the light of day.

Outside President Barack Obama’s secrecy bubble, the self-assurance of officials who have been talking essentially to themselves for the last four years, and longer, will necessarily give way to to a more objective consideration of their legal arguments, and also of the strained efforts the Bush and Obama administrations have undertaken to keep their actions and legal arguments from judicial review.

The very idea of a “secret” legal memorandum justifying the execution of individuals, including U.S. citizens, is at variance with bedrock principles of democracy and the rule of law. The “state secrets doctrine” used by the government to prevent judicial review of its legal arguments, e.g., in the al-Aulaqi case, turns the Constitution on its head.

One cannot meaningfully speak of “the rule of law” when the legal justifications the government advances for its actions are held in secret.

It is clear that John Brennan’s confirmation by the Senate should be delayed until the many questions raised by his stewardship of the drone executions of individuals on ”kill lists” which he oversaw, to which candidates might be “nominated” by different Executive branch and military officials, has been fully exposed to the light of day, and its legality under both domestic and international law has been fully examined by domestic and international lawyers outside of the Executive Branch, both in and outside the government. 

Before Brennan is confirmed to be the Director of Central Intelligence, a fresh look should also be taken by the Senators who must confirm him into his role in the torture policies of the Bush administration, and decisions not to hold accountable officials in the CIA and other parts of government for their role in the design and execution of these torture or “enhanced interrogation techniques programs”.

Brennan’s role in the “extraordinary renditions” carried out by the Bush administration, including the operation recently condemned by the European Court of Human Rights in a case involving Macedonia, should also be thoroughly explored. Senators should confirm whether or not the U.S. has participated since 2009 in any further “extraordinary renditions” or maintained any “black sites” where detainees were secretly held in foreign countries, including allegations that some were being held or had been held at the CIA black site operation in Benghazi prior to the September 11, 2012 attacks and murder of Ambassador Chris Stevens.

There is a significant possibility that John Brennan, under applicable norms of international law, could in the future be charged in some foreign country with complicity in the international crime of torture, and in war crimes that drone strikes outside the bounds of international law may constitute.

Before he is confirmed, Senators should have clear and persuasive answers to these questions and others related to the legality of drone executions, the Bush torture program, extraordinary renditions, CIA black sites, and John Brennan’s role and actions in each of these areas.

The Trenchant Observer

See also the following articles by Trenchant Observer published earlier, which are listed on the “Targeted Killings Page”, and also below:

The Obama Leaks: The issue is not the leaks, but whether the president lied to the American people
July 4, 2012

“A time to break silence”: Dr. King on the Vietnam war, and President Carter on America’s human rights violations (revised June 28)
June 27, 2012 (updated June 28, 2012)

Holder’s Investigations into Torture and Covert Operations Leaks–An Obama Cover-up?
June 26 2012

Did the White House authorize recent leaks on covert programs?
June 10, 2012

Foreign policy incompetence; further opinion on President Obama as “Executioner in Chief”
June 6, 2012

More news and opinion on President Obama as “Executioner in Chief”
June 3, 2012 (Updated June 4, 2012)

President Obama as “Executioner in Chief”
June 1, 2012

Attorney General Eric Holder offers legal justification for targeted killings of U.S. citizens abroad
March 24, 2012

Obama’s foreign policy juggernaut, including Tom Donilon, and the risks of hubris (updated)
January 27, 2012

Drone Attacks and Other “Targeted Killings” — State Department Legal Adviser Invokes International Law Limits
September 24, 2011

International Law and the Use of Force: Drones and Real Anarchy Unleashed Upon the World
July 17, 2011

Strategic disarray in Afghanistan
October 3, 2010

UPDATE: Anwar al-Aulaqi: Targeted Killings, Self-Defense, and War Crimes
August 6, 2010

Targeted Killings: U.N. Special Rapporteur Alston Publishes Report to U.N. Human Rights Council
June 2, 2010

Targeted Killings by Drone Aircraft: A View From India, and Some Observations
May 20, 2010

Anwar al-Aulaqi: Targeted Killings, Self-Defense, and War Crimes
April 7, 2010

Targeted Assassinations: Mahmoud al-Mabhouh, International Law, and Strategic Implications
February 17, 2010

U.S. Targeted Assassinations Violate Citizen’s Right to Life and Due Process, Undercut International Law
February 3, 2010

Hillary Clinton, Barack Obama, and the foreign policy “successes” of our celebrity leaders

Saturday, February 2nd, 2013

Rough draft

[Note: Today's article is a bit unusual in format, consisting of long portions of an article on Hillary Clinton's term as Secretary of State, the soft gloves with which the media now treat our "celebrity" president and other high "celebrity" government officials, together with a checklist of foreign policy subject areas and themes which any objective analysis of Hillary Clinton's successes and failures as Secretary of State would need to take into account, focusing not on verbal policies but on facts on ground and the actions of other states. This latter section is somewhat adumbrated and incomplete, and in many ways could serve as an outline for a whole series of articles. However, it is offered now as a corrective to some of the hagiography currently being showered on Hillary Clinton, by President Obama and others, without regard for the factual record.]

Celebrity + popularity + miles traveled = foreign policy success

The loss of hard-hitting impartiality in foreign policy reporting, commentary and opinion is illustrated by President Barack Obama’s and Secretary of State Hilary Clinton’s joint appearance on “60 Minutes” this last Sunday.

See “The President and the Secretary of State,” 60 Minutes, January 27, 2013.

There, as elsewhere on TV, they were treated like celebrities and judged by the kind of standards we use to judge celebrities:

Are they gracious, or apparently so?

Do they smile and laugh a lot in a friendly interview situation?

Are their little pleasantries amusing, and well-delivered?

Are they handsome and attractive, with million-dollar smiles?

While Steve Kroft’s intention might have been simply to draw them out, one cannot imagine Mike Wallace letting such an opportunity go by without asking–and following up on–the hard and penetrating questions of a first-rate journalist about the foreign policy of the United States.

Instead, this is what we got:

Steve Kroft: This is very improbable. This is not an interview I ever expected to be doing. But I understand, Mr. President, this was your idea. Why did you want to do this together, a joint interview?

President Obama: Well, the main thing is I just wanted to have a chance to publicly say thank you, because I think Hillary will go down as one of the finest secretary of states we’ve had. It has been a great collaboration over the last four years. I’m going to miss her. Wish she was sticking around. But she has logged in so many miles, I can’t begrudge her wanting to take it easy for a little bit. But I want the country to appreciate just what an extraordinary role she’s played during the course of my administration and a lot of the successes we’ve had internationally have been because of her hard work.

Steve Kroft: Has she had much influence–

President Obama: Well, I–

Steve Kroft: –in this administration?

President Obama: I think everybody understands that Hillary’s been, you know, one of the most important advisors that I’ve had on a whole range of issues. Hillary’s capacity to travel around the world, to lay the groundwork for a new way of doing things, to establish a sense of engagement that, you know, our foreign policy was not going to be defined solely by Iraq, that we were going to be vigilant about terrorism, but we were going to make sure that we deployed all elements of American power, diplomacy, our economic and cultural and social capital, in order to bring about the kinds of international solutions that we wanted to see. I had confidence that Hillary could do that. And, you know, one of the things that I will always be grateful for is– yeah, it wasn’t just that she and I had to integrate. I mean, we had Bob Gates, who was a holdover from the Bush administration. You know Leon Panetta to take over the CIA. And so we had a lot of very strong personalities around the table. And, you know, I think one of the things that Hillary did was establish a standard in terms of professionalism and teamwork in our cabinet, in our foreign policy making that said, “We’re going to have an open discussion. We’re going to push each other hard. There are going to be times where we have some vigorous disagreements. Once the president makes a decision though we’re going to go out there and execute.

Steve Kroft: How would you characterize your relationship right now?

President Obama: I consider Hillary a strong friend….

The general consensus among commentators in Washington, consciously or unconsciously using these “celebrity” criteria and others we use to bestow esteem on celebrities, is that Obama’s and Hillary’s foreign policy has been very successful.

Hillary is often referred to as an extraordinarily successful Secretary of State, or as one of the most successful Secretaries of State in recent times. Indeed, that is how President Obama described her in the 60 Minutes interview quoted above.

But there is little analysis of foreign policy successes and failures supporting such conclusions. In fact, the closer we look at the substance of the foreign policy positions and decisions Obama and Hillary have adopted, the more distressing the picture becomes. As the patina of celebrity politicians and celebrity government officials fades away under the withering sunlight of serious examination, it turns out that all of the hoopla and self-contented praise our officials shower on each other has been hiding another reality, that of real facts on the ground in the real world unfiltered by the television media and many in the Washington and New York written press.

To judge Hillary’s successes and failures, we must look beyond her celebrity status and that of her patron, President Barack Obama, to ask simply, “What is it, in the real world, that she has actually accomplished during her four years in office?

How do her accomplishments stack up against those of Madeline Albright,  James Baker, Warren Christopher, or Dean Rusk, for example? What, in short, has she actually accomplished?

Sadly, the answer appears to be, “precious little”.  If her excuse is that she has only been an “implementer” of foreign policy crafted in the White House, that itself is a strong commentary on what she herself has or has not contributed during her own term in office.

So, let us begin to look at the facts.

Background Factors

The need for a bipartisan foreign policy, and the partisan nature of foreign policy analysis in the U.S.
–Partisan lockstep and loyalty chorus instead of independent analysis based on factual reporting by seasoned foreign correspondents and analyses by subject matter and regional experts.

The loss of respect for expertise and expert knowledge.
–Confidential inside sources and transmittal of “anonymous sources” information without verification.
–On TV, the preference for glib, young, attractive faces over seasoned experts. Here, anyone can be an expert.
–The failure to make rigorous judgments based on factual analysis and expert opinion.
–Celebrity, buzz, and partisan management of the political narrative transposed to foreign policy analysis. Hence, the chorus of Hillary’s “most-miles’ traveled” success as Secretary of State.
–Obama sings this refrain, without substantiation, because if Hillary’s success narrative gains traction, his own foreign-policy success narrative also gains traction.

In fact, historians of foreign policy may speak of the dramatic failures of Obama’s and Hillary’s foreign policy, with the most important questions focusing on issues of who was most responsible for them.

The first-term successes and failures of Barack Obama and Hillary Clinton

Let’s begin with a checklist. (Readers are encouraged to fill in the blanks.)

Iraq

Afghanistan

Pakistan

Israel

Iran

Syria

Benghazi and what it stands for

–growth of al-Queda and Islamic terrorists in Libya, north Africa, and the Sahel
–failure of covert operations approach to Syria
–total intelligence failure regarding terrorist activities in Benghazi
–failure to provide sufficient assistance to the new democracies of the Arab Spring to enable them to stay on a democratic and “rule of law” course

Significantly, Hillary Clinton’s long-delayed testimony on Benghazi took place this last week, on January 23, 2013.  Amy Davidson reported in the New Yorker on the following exchange:

“(T)here was…a scene that will surely be replayed in attack ads and echoed (and possibly distorted) in the Republican primary campaign, assuming that Clinton does run. It came in an exchange with Senator Ron Johnson, a Republican from Wisconsin. Like many of his colleagues, he goaded. (“I realize that’s a good excuse,” he said when Clinton talked about not interfering with investigations.) She lost her patience when he said, not for the first time, that she could have found out what was going on at the consulate easily enough if she wanted to.

Clinton: With all due respect, the fact is we had four dead Americans.

Johnson: I understand.

Clinton: Was it because of a protest or was it because of guys out for a walk one night who decided they’d go kill some Americans? What difference, at this point, does it make? (emphasis added)

It is our job to figure out what happened and do everything we can to prevent it from ever happening again, Senator. Now, honestly, I will do my best to answer your questions about this. But the fact is that people were trying in real time to get the best information….But, you know, to be clear, it is, from my perspective, less important today looking backwards as to why these militants decided they did it than to find them and bring them to justice, and then maybe we’ll figure out what was going on in the meantime.

What difference, at this point, does it make?”

–Amy Davidson, “Hillary Clinton’s Benghazi Testimony: What Difference Will it Make?” The New Yorker, January 23, 2013.

Egypt

–failure to grasp and respond to what is going on in Egypt

Russia

Sub-Saharan Africa

–Transitions to democracy
–Growth in number and strength of Islamist terrorist organizations

Mexico and Central America

–Violence and insecurity in Mexico, on the border with the United States
–Growing drug violence and insecurity in Guatema, El Salvador, and especially Honduras.
–Nicaragua under Daniel Ortega as a newly authoritarian state, joining with Venezuela, Ecuador and Bolivia seeking to weaken the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights, the analogous institutions in the Americas to the European Court of Human Rights.

Venezuela

–as it faces Hugo Chavez’ impending exit from the scene, on the verge of a constitutional coup d’etat as the Chavistas seek to cling to power by unconstitutional means.

Thailand

–ouster of President of Supreme Court, abandoning the rule of law

Military strategy

–so called “pivot to Asia”
–abandonment of two-war requirement in U.S. military strategy in favor of an unproven Counter-terrorism strategy like that espoused by Vice-President Joe Biden.  Betting the farm on an unproven theory.
–adoption of unproven “Counter-terrorism” strategy while reducing military capabilities, such as those in Mediterranean that might have been useful in Benghazi

China

–Obama administration policy and actions during the leadership transition in Beijing
–Did the so-called “pivot to Asia” and plans for an increased naval presence in the region affect the succession of a new generation of leaders in China?
–Were there any real experts on China advising Obama on these issues, and if so did he listen to them?
–strengthening military capabilities of allies ringing China
–U.S. naval force deployments

China and Japan

–doing nothing to defuse tensions, including dangerous  military interactions, in matter of disputed islands
–here, blindness to international law prevents U.S. from advancing most promising route for defusing crisis
–a growth of dangerous nationalism in both countries, with China evidencing a willingness to display and perhaps use force

Nuclear Proliferation

–Iran
–North Korea
–Middle East
–Israel
–the risk of proliferation throughout the Middle East

Climate Change

–Copenhagen
–Doha

Human Rights

–kill lists; drone strikes and special forces operations
–denial of fundamental rights. See Jimmy Carter’s op-ed in the New York Times. Guantánamo.
–dealing with those responsible for Bush torture policy
–cooperating with countries which use torture
–non-cooperation with the OAS Inter-American Commission on Human Rights with respect to cases brought against the U.S.

Statute of the International Criminal Court

–Failure to push for ratification

Failure to develop new or adopt existing multilateral conventions or treaties

–In particular, multilateral treaties establishing legal norms and regimes regulating new forms of warfare, from done strikes to cyber-warfare

***
Judgments on the success of Obama’s and Clinton’s foreign policy should be based on careful assessment and analysis of U.S. actions (not just verbal policies) in the areas listed above, and others.

To simply shout in partisan chorus that Hillary has been a great Secretary of State, without reference to and analysis of the detailed factual record, is simply a strategy by politicians to transfer to the foreign policy arena the use of political narrative management techniques.  It is political, not analytical, in nature, and should be firmly resisted by all of those who want to see constructive, fact-based foreign policy debates aimed at finding and implementing the best policies for the country.

Until we are able to have those debates and discussions, a bipartisan foreign policy will be forever beyond our reach.

And the dialogue of the deaf, le dialogue des sourds, will continue, as many situations in other countries and regions, or globally, deteriorate in a leaderless world.

As for Hillary Clinton, three points illuminate the extent of her failed tenure as Secretary of State:

1. Her avoiding the TV shows and hiding from the cameras and congressional panels that wanted to know what happened, and what she and Barack Obama knew and when they knew it after the attacks in Benghazi and the death of Ambassador Christopher Stevens on September 11, 2012.  Her summary dismissal of Benghazi and the entire substance of the Susan Rice affair, in recent Congressional testimony, demonstrated an extraordinary degree of cynicism and almost unprecedented chutzpah, or insolence. “What difference, at this point, does it make?”

What difference did it make that the administration successfully hid the fact that its policies in North Africa were in total disarray, as demonstrated by the September 11 attacks in Benghazi and recent events in Mali?

What difference did it make that the Obama administration and campaign downplayed the Al-Qaeda links of those who attacked U.S. compounds in Benghazi, and killed Ambassador Stevens and three other Americans?

What difference did it make that Obama and his administration, during the election campaign, misrepresented the degree of their success in the battle against Al-Qaeda and its affiliates?

2. Hillary Clinton’s failure, and Obama’s failure, to lead international efforts to halt the atrocities in Syria, including military action, and to avoid the creation of a failed state where a dominant player, the al-Nusra Front, is an Al-Qaeda affiliate.

3. The State Department’s failure, under Hillary Clinton, to comment on Israel’s recent attack on targets in the Sudan, or its very recent bombing attacks inside Syrian territory. If the State Department cannot speak to the international law issues involved, who in the American government can?

Has the United States become an enemy of international law, a founding member of the “‘International Law Be Damned’ Club”?

Historians are not likely to be kind to Hillary Clinton in her role as Secretary of State. She used her star power to shield herself and the Obama administration from substantive criticism of what has turned out to be a disastrous foreign policy.

Consider:

1. Relations with Russia have deteriorated sharply, while personal relations between Obama and Putin seem to have reached sub-zero temperatures.

2. Relations with China are not good. A new generation of leaders, which appear to be more hard-line than the technocrats that preceded them, has taken power. China is engaged in a very dangerous policy of military confrontation with Japan over disputed islands, as noted above.

3. Relations between China and Japan have reached what is perhaps their lowest point since the end of World War II, or at least the end of the Korean War.  This an extremely dangerous development for the prospects of international peace and security.

4. The Middle East is in great turmoil. Syria is in flames, due in part to the inexcusable failure of Obama and Clinton to lead international actions to bring the commission of war crimes and crimes against humanity to a halt, including the limited use of military force when necessary.

5. The United States has stood by, and even lent support to Mohamed Morsi and the Muslim Brotherhood in Egypt, as they proceeded with their November 22, 2012 coup d’état and the shutting down of the Constitutional Court through the use of “brown-shirt” tactics.

The U.S. and the West have been losing Egypt, just as they lost Iran in 1979.

6. The future leadership of Venezuela is being decided in Havana, Cuba, which is only the tip of the iceberg of U.S. failures in Latin America due to America’s policy of neglect in most, though not all, of the countries in the region.

Where are the successes of Obama’s and Hillary’s first term in office?

Hillary Clinton is in many ways an admirable politician and public figure. But that should not blind us to the facts regarding her tenure as Secretary of State under Obama.

There have undoubtedly been some achievements during her term of office, in the area of women’s rights, for example. Undoubtedly, many dedicated and talented people in the State Department have achieved significant goals and objectives, and this too is part of the story.

But here, we are talking about foreign policy successes and failures in the larger sense, in the grand scheme of things.

While Clinton pushed for women’s rights, admirably, she also failed to criticize Mohamed Morsi when he launched a coup d’état after helping her broker a ceasefire between Hamas and Israel as the latter was poised to invade Gaza. Did Hillary’s praise embolden Morsi to launch his coup?  That coup  led to the illegitimate adoption of a draft constitution (later approved in a hurried referendum that did not allow time for debate throughout the country), enshrining a stricter adherence to sharia law, and also the removal of the first female judge of the constitutional court, who had been an inspirational figure in the struggle to bring women into the judiciary in Egypt.

Nor does the failure of U.S. policy in Afghanistan bode well for the women of that country.

Hillary worked hard, and traveled almost a million miles, and visited over a hundred countries. But these are not indicators of foreign policy success.

In the grand scheme of things, what did she achieve?

It may turn out to be the case that she was consistently pushed aside by Obama and his foreign policy team in the White House.  We look forward to reading her memoirs, and hope they will be candid. The risk is that political considerations could compromise the forthrightness of those memoirs, should she decide to seek the presidency in 2016.  Indeed, that could well have been Obama’s intention in orchestrating the “love fest” on “60 Minutes” on January 27.   That could be his calculation.  That could be why he wanted to say “thank you” in the way he did.

We can only hope that Hilary will write her memoirs, beginning soon, with the kind of historical candor that would add to our understanding of foreign-policy decision making within the Obama administration.  We need to know the battles which she fought and lost or won within the administration during the president’s first term.  That could greatly advance the foreign policy interests of the United States, opening up the discussion in a way which might lead to corrective action and avoidance of further failures during Obama’s second term. 

Yet as a political candidate she could find that book hard to write.

Nonetheless, whatever course she may choose to take in the future, in assessing her achievements and failures as Secretary of State, let us at least take a hard look at the facts and try to be objective.

The Trenchant Observer

Key CIA official involved in Bush torture program criticizes “Zero Dark Thirty” for inaccurate depiction of “enhanced interrogation techniques”

Monday, January 7th, 2013

Developing story

You can’t make this stuff up.

Jose Rodriguez, a former CIA official deeply involved in the Bush torture program, published an opinion piece in the Washington Post on January 3 in which he takes issue with the new film, “Zero Dark Thirty,” for inaccurately portraying the use of “enhanced interrogation techniques” including waterboarding. These “techniques” amount to “torture” as that term is used in the U.N. Convention against Torture.

Rodriguez’ point is not that the techniques were not used, but rather that their use was inaccurately depicted in the film.

In what morally twisted universe are we living now?

Could it be that Rodriguez and other officials involved in the torture program (presumably including John Brennan, Obama’s in-house theologian of death and keeper of the drone “targeted killings” lists) have a bad conscience and are desperately looking for vindication?

Time is not on their side. The U.S. was obligated to prosecute them under the Convention Against Torture, but didn’t, leaving open the possibility that some prosecutor, somewhere, will issue an international arrest warrant for them to be arrested and brought to justice.

Within five years or so, they may need to be very careful with their travel plans.

In the meantime, the renewed debate over the efficacy of torture in general, and whether its use led to Bin Laden, continues.

The moral leaders of the nation are silent, too tired perhaps to make their points once again that the problem with torture is not its efficacy, but its morality.

As we wrote some time ago, “Torture will not be through with America until America is through with torture.”

For America to be through with torture would require that those responsible for its use be brought to account. That means removal of all officials responsible for torture and “extraordinary renditions”, including Brennan, from any high positions of authority in the government, prosecution of those who were complicit in torture, and perhaps a truth and reconciliation process through which those who admit their actions and cooperate with investigators might eventually receive reduced sentences or be pardoned.

The irony here, of course, is that by not prosecuting officials responsible for torture under Bush, those same officials cannot be acquitted or pardoned, leaving them exposed for the rest of their lives to the possibility that a prosecutor in another country will have them detained and brought to trial for commission of the international crime of torture.

The United States, in fighting terrorism, has wandered far off the track of the “rule of law” and its most fundamental values.   Will Barack Obama be the president who brings the country back to a strict adherence to the rule of law, who reintroduces “international law” (“law” as in “binding law”, not ”standards” as in “aspirational standards”) into our political discourse and agenda, or will it be one of his successors?

Will foreign judges, such as the 17 judges of the Grand Chamber of the European Court of Human Rights, who just condemned Macedonia for complicity with the CIA in the “extraordinary rendition” and torture of a Khaled el-Masri, play a catalytic role?

Could Rodriguez himself one day be arrested, in Europe or Latin America, for his involvement in torture?

That is a profoundly interesting question.

The Trenchant Observer

REPRISE: “A time to break silence”: Dr. King on the Vietnam war, and President Carter on America’s human rights violations

Sunday, January 6th, 2013

[This is a lengthy article. The reader may wish to read it, and listen to the recordings, in three parts.]

Originally published June 27, 2012 (revised June 28, 2012)

“And I’ve long since learned that to be a follower (of) Jesus Christ means taking up the cross. And my bible tells me that Good Friday comes before Easter. Before the crown we wear, there is the cross that we must bear. Let us bear it–bear it for truth, bear it for justice, and bear it for peace. Let us go out this morning with that determination. And I have not lost faith. I’m not in despair, because I know that there is a moral order. I haven’t lost faith, because the arc of the moral universe is long, but it bends toward justice.”

–Dr. Martin Luther King, Jr., “Why I am opposed to the war in Vietnam,” Sermon at Ebenezer Baptist Church on April 30, 1967.

There is a powerful connection between the April, 1967 sermons on Vietnam of Dr. Martin Luther King, Jr., President Jimmy Carter’s recent New York Times op-ed piece on American human rights violations, and the policies currently being carried out by President Barack Obama. It is important to understand this connection, details of which are set forth below.

I. Jimmy Carter’s Op-Ed in the New York Times, Criticizing America’s Violations of Human Rights

Ex-president Jimmy Carter published an Op-Ed piece in the New York Times on June 24, in which he hashly criticized President Obama, and also former president Bush, for “the widespread abuse of human rights over the last decade, (which) has been a dramatic change from the past, signifying the fact that “the United States is abandoning its role as the global champion of human rights.”

See Jimmy Carter, “A Cruel and Unusual Record,” New York Times (op-ed), June 24, 2012.

Carter continued,

Revelations that top officials are targeting people to be assassinated abroad, including American citizens, are only the most recent, disturbing proof of how far our nation’s violation of human rights has extended. This development began after the terrorist attacks of Sept. 11, 2001, and has been sanctioned and escalated by bipartisan executive and legislative actions, without dissent from the general public. As a result, our country can no longer speak with moral authority on these critical issues.

These policies and actions, he wrote, signaled “a dramatic change from the past”, when the United States exercised bold leadership in securing the adoption of the Universal Declaration on Human Rights by the U.N. General Assembly in 1948, as “the foundation of freedom, justice and peace in the world.” Its adoption, wrote Carter,

…was a bold and clear commitment that power would no longer serve as a cover to oppress or injure people, and it established equal rights of all people to life, liberty, security of person, equal protection of the law and freedom from torture, arbitrary detention or forced exile.

The declaration has been invoked by human rights activists and the international community to replace most of the world’s dictatorships with democracies and to promote the rule of law in domestic and global affairs.

But, he continued,

It is disturbing that, instead of strengthening these principles, our government’s counterterrorism policies are now clearly violating at least 10 of the declaration’s 30 articles, including the prohibition against “cruel, inhuman or degrading treatment or punishment”.

Recent legislation has made legal the president’s right to detain a person indefinitely on suspicion of affiliation with terrorist organizations or “associated forces,” a broad, vague power that can be abused without meaningful oversight from the courts or Congress (the law is currently being blocked by a federal judge). This law violates the right to freedom of expression and to be presumed innocent until proved guilty, two other rights enshrined in the declaration.

He noted further, that

(R)ecent laws have canceled the restraints in the Foreign Intelligence Surveillance Act of 1978 to allow unprecedented violations of our rights to privacy through warrantless wiretapping and government mining of our electronic communications…

Carter harshly criticized the use of drone attacks, writing that

Despite an arbitrary rule that any man killed by drones is declared an enemy terrorist, the death of nearby innocent women and children is accepted as inevitable. After more than 30 airstrikes on civilian homes this year in Afghanistan, President Hamid Karzai has demanded that such attacks end, but the practice continues in areas of Pakistan, Somalia and Yemen that are not in any war zone. We don’t know how many hundreds of innocent civilians have been killed in these attacks, each one approved by the highest authorities in Washington. This would have been unthinkable in previous times.

These policies were counterproductive in terms of American foreign policy, he observed, noting that

Top intelligence and military officials, as well as rights defenders in targeted areas, affirm that the great escalation in drone attacks has turned aggrieved families toward terrorist organizations, aroused civilian populations against us and permitted repressive governments to cite such actions to justify their own despotic behavior.

The 39th president of the United States also criticized the fact that the Guantánamo Bay facility remains open, with 169 prisoners still detained there. While “about half have been cleared for release,” their chances of ever obtaining their freedom are slim, he asserted.

Some of those being tried have been tortured, Carter noted, writing:

American authorities have revealed that, in order to obtain confessions, some of the few being tried (only in military courts) have been tortured by waterboarding more than 100 times or intimidated with semiautomatic weapons, power drills or threats to sexually assault their mothers. Astoundingly, these facts cannot be used as a defense by the accused, because the government claims they occurred under the cover of “national security”. Most of the other prisoners have no prospect of ever being charged or tried either.

In conclusion, former president Carter argued,

At a time when popular revolutions are sweeping the globe, the United States should be strengthening, not weakening, basic rules of law and principles of justice enumerated in the Universal Declaration of Human Rights.

U.S. violation of international human rights is counterproductive, he asserted, because it “abets our enemies and alienates our friends.” As “concerned citizens”, we must now persuade Washington “to reverse course and regain moral leadership according to international human rights norms that we had officially adopted as our own and cherished throughout the years.”

This forceful critique of American human rights violations made by Jimmy Carter, the American president most closely associated with U.S. leadership in the field of human rights, will undoubtedly have a significant impact over time, both abroad and at home.

II. Dr. King and Vietnam: A Time to Break Silence—Bearing the Cross for Truth, Justice and Peace

When I read ex-President Jimmy Carter’s op-ed piece in the New York Times on June 24, calling out President Barack Obama for his human rights violations, both domestic and foreign, I was reminded of the afternoon I was driving in my car and first heard Dr. Martin Luther King, Jr., also a Nobel Prize winner, deliver a powerful speech criticizing President Johnson and his conduct of the Vietnam war.

The feeling then, in 1967, was one of enormous relief. At last there was a figure of great and almost unparalleled national and international prominence, the winner of the Nobel Peace Prize in 1964, who had the courage to speak the truth as he saw it, according to his best lights, and his deep faith, however unpopular that truth might be.

Martin Luther King, Jr. gave two sermons on Vietnam in April, 1967. The first, “Beyond Vietnam: A Time to Break Silence” is a detailed but courageous speech that draws on many of the details of the history of Vietnam and the war which were familiar to his audience. It is delivered in a calm, reasoned tone. The second, a sermon delivered at the Ebenezer Baptist Church in Atlanta where he was pastor, is a strong sermon delivered in the cadences of the powerful preacher who King was. Entitled, “Why I am opposed to the war in Vietnam,” it hits the main points of the April 4 sermon, with greater emotional emphasis. It is probably more accessible to readers and listeners not familiar with the history and details of the Vietnam conflict. Links to both are found below. See

Rev. Martin Luther King, “Beyond Vietnam: A Time to Break Silence,” April 4, 1967, at a meeting of Clergy and Laity Concerned at Riverside Church in New York City).

The text is found here.

The audio is found here.

David Bromwich, “Martin Luther King’s Speech Against the Vietnam War,” Antiwar.com, May 16, 2008 (summary and analysis, with extensive excerpts).

See also:

Martin Luther King, Jr., “Why I am opposed to the war in Vietnam,” Sermon at the Ebenezer Baptist Church, April 30, 1967. Excerpts from the audio and text are found here.

The complete audio (in RealAudio) is found here.

The original written text is found here.

NOTE: The two sermons are often confused, with the audio for the April 30 sermon often being attributed to the April 4 “Beyond Vietnam” sermon.

“The Obamians”, as James Mann has termed President Obama and his younger group of closest foreign policy advisers, in his new and revealing book on the foreign policy team in the White House, would especially benefit from listening to King’s speech, and his April 30, 1967 sermon. Their eyes reportedly glaze over when other advisers, usually older, refer to the Vietnam war and its lessons. They, and particularly the most important Obamian, President Obama himself, should listen to Martin Luther King’s speech and sermon, and reflect on what they hear, taking the moral authority of the speaker into account.

They might also bear in mind and take to heart the famous dictum,

“Those who cannot remember the past are condemned to repeat it” (George de Sanayana, from “Life of Reason I”).

Mann’s book is fascinating. See

The Obanians: The Struggle Inside the White House to Redefine American Power (Viking Penguin/The Penguin Group, 2012)

Dr. Martin Luther King, Jr. was assassinated on April 4, 1968, exactly one year after his speech or sermon entitled, “”Beyond Vietnam: A Time to Break Silence.”

III. Jimmy Carter’s Contribution to Human Rights

Jimmy Carter’s op-ed piece should grab the public’s attention in the United States.

But the coverage in the U.S. press suggests the public may have become far too accustomed to the targeted killings, or “assassinations” in the words of Jimmy Carter–which is the correct term when the killings are conducted outside the framework of international law, far too accustomed to the debate over the efficacy of torture, far too complacent over the violation of bedrock principles of the U.S. Constitution, to pay much attention.

The press reaction in different countries is quite revealing, even if it takes a lot of work to uncover, due to the “filter bubble” Google and most other search engines now use, displaying search results only from our own country and in our own language. If you are in the United States and Google “Jimmy Carter” you won’t see the incisive articles published in the United Kingdom in The Guardian, The Telegraph or The Independent. You’ll see articles and blogs published in the United States.

We now live in information ghettos, where the opinions of those in other countries are filtered out of our consciousness. Moreover, due to the use of our previous search histories to filter the results that are displayed in, e.g., a Google search, within this subset of news and opinion we may even see news that leans more to the left or the right, depending on who we have read in the past.

Jimmy Carter has demonstrated in his op-ed that there are still Democrats in the United States with the courage to defend our civil liberties, and to fight for a foreign policy based on furthering human rights and democracy abroad, and compliance with the basic norms of international law, including those relating to human rights.

When historians of the future write about this period, they may mention Jimmy Carter’s op-ed piece, and wonder how the people of this time in the U.S. went along with such egregious violations of the U.S. constitution and the most fundamental norms of international law.

Now the question is whether others will have the courage to speak out, even if the president committing these violations is from their own party–and the party they want to win in the November elections.

It is a stark moral choice. Listen to the audio of Martin Luther King’s April 4, 1967 speech and especially to the audio of his April 30, 1967 sermon at Ebenezer Baptist Church. He speaks of stark moral choices.

One is reminded not only of Martin Luther King, Jr., but also of those other defenders of civil liberties and democracy, such as Nelson Mandela, Mahatma Ghandi, Vacslav Havel, and Lech Walensa. One is also reminded of humanity’s project of building international peace through the establishment of international law and institutions, and compliance with their norms.

In the field of human rights, President Jimmy Carter was one of those men. His support of human rights started a process in Latin America (and elsewhere) which led to the end of dictatorships and authoritarian rule, and the gradual consolidation of democracy throughout the hemisphere.

His push for human rights led to the ratifications of the American Convention on Human Rights which resulted in its entry into force on July 18, 1978. His support of the Inter-American Commission on Human Rights, and the establishment of the Inter-American Court of Human Rights in San José Costa Rica, pursuant to the provisions of the American Convention, strengthened in the Americas a system of international protection of human rights similar in form to that established in Europe under the European Convention on Human Rights, in force since 1953.

Regrettably, the United States has never ratified the American Convention on Human Rights, which President Jimmy Carter signed and submitted to the Senate for ratification. Nonetheless, the U.S. is still bound to observe the rights set forth in the American Declaration of the Rights of Man, adopted by the members of the newly founded Organization of American States in Bogotá in April, 1948, months before the adoption of the Universal Declaration of Human Rights on December 10 of that year.

But the Inter-American system was called upon to protect human rights in the face of social and political realities that were vastly different from those in Europe in 1978, though one must recall that the European system too had its origins in tumultuous times following the end of World War II. The European Convention entered into force on September 3, 1953, establishing a Commission which functioned until 1998, and the European Court of Human Rights to which citizens since 1998 may now appeal directly without going through the Commission, which was abolished in 1998.

The Inter-American system, with that of Europe, also set a powerful example for Africa, which adopted the African Charter on Human and Peoples’ Rights, which entered into force on October 21, 1986. The African Commission on Human and Peoples’ Rights has established an important body of precedent, and now the African Court of Human and Peoples’ Rights, created pursuant to a protocol to the Charter which entered into effect on January 25, 2005, has also been established, and may one day soon merge with the African Court of Justice. The African Commission and Court are having an increasing impact on the achievement and consolidation of democracy and the rule of law on the continent.

All three of these regional systems were inspired by, and gave further expression to, the ideals and norms contained in the Universal Declaration on Human Rights, adopted by the United Nations General Assembly on December 10, 1948. Worth noting is that the Nobel Peace Prize is awarded on December 10 of each year.

In supporting these developments, and continuing his struggle for democracy and human rights since he left office in January, 1981, Jimmy Carter deserves the most profound respect and thanks of the world community, including the people of the United States. During his time in office, while mistakes were made, he carried forward the torch of human rights. For his work, he was awarded the Nobel Peace Prize in 2002.

For speaking out now against violations of the most fundamental norms of human rights and international law, and even and particularly when those violations were and are committed by his own government, Jimmy Carter deserves our highest praise.

Thank you, President Carter.

And thank you, Dr. King. For your example, moral clarity, and courage, which we hope will guide us now.

The Trenchant Observer

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