Obama DOJ Formally Accuses Journalist in Leak Case of Committing Crimes May 20, 2013
Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, Democracy, Media.Tags: bradley mannin, Criminal Justice, first amendment, freedom of press, glenn greenwald, james rosen, journalism, julian asange, Media, obama doj, Richard Nixon, roger hollander, stephen kim, wikileaks
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ROGER’S NOTE: DO YOU STILL LOVE OBAMA???
Published on Monday, May 20, 2013 by The Guardian
Yet another serious escalation of the Obama administration’s attacks on press freedoms emerges
It is now well known that the Obama justice department has prosecuted more government leakers under the 1917 Espionage Act than all prior administrations combined – in fact, double the number of all such prior prosecutions. But as last week’s controversy over the DOJ’s pursuit of the phone records of AP reporters illustrated, this obsessive fixation in defense of secrecy also targets, and severely damages, journalists specifically and the newsgathering process in general.
Fox News chief Washington correspondent James Rosen had his emails read by the Obama DOJ, which accused him of being a co-conspirator in a criminal leak case. (Photo: screen grab)
New revelations emerged yesterday in the Washington Post that are perhaps the most extreme yet when it comes to the DOJ’s attacks on press freedoms. It involves the prosecution of State Department adviser Stephen Kim, a naturalized citizen from South Korea who was indicted in 2009 for allegedly telling Fox News’ chief Washington correspondent, James Rosen, that US intelligence believed North Korea would respond to additional UN sanctions with more nuclear tests – something Rosen then reported. Kim did not obtain unauthorized access to classified information, nor steal documents, nor sell secrets, nor pass them to an enemy of the US. Instead, the DOJ alleges that he merely communicated this innocuous information to a journalist – something done every day in Washington – and, for that, this arms expert and long-time government employee faces more than a decade in prison for “espionage.”
The focus of the Post’s report yesterday is that the DOJ’s surveillance of Rosen, the reporter, extended far beyond even what they did to AP reporters. The FBI tracked Rosen’s movements in and out of the State Department, traced the timing of his calls, and – most amazingly – obtained a search warrant to read two days worth of his emails, as well as all of his emails with Kim. In this case, said the Post, “investigators did more than obtain telephone records of a working journalist suspected of receiving the secret material.” It added that “court documents in the Kim case reveal how deeply investigators explored the private communications of a working journalist.”
But what makes this revelation particularly disturbing is that the DOJ, in order to get this search warrant, insisted that not only Kim, but also Rosen – the journalist – committed serious crimes. The DOJ specifically argued that by encouraging his source to disclose classified information – something investigative journalists do every day – Rosen himself broke the law. Describing an affidavit from FBI agent Reginald Reyes filed by the DOJ, the Post reports [emphasis added]:
“Reyes wrote that there was evidence Rosen had broken the law, ‘at the very least, either as an aider, abettor and/or co-conspirator.’ That fact distinguishes his case from the probe of the AP, in which the news organization is not the likely target. Using italics for emphasis, Reyes explained how Rosen allegedly used a ‘covert communications plan’ and quoted from an e-mail exchange between Rosen and Kim that seems to describe a secret system for passing along information. . . . However, it remains an open question whether it’s ever illegal, given the First Amendment’s protection of press freedom, for a reporter to solicit information. No reporter, including Rosen, has been prosecuted for doing so.”
Under US law, it is not illegal to publish classified information. That fact, along with the First Amendment’s guarantee of press freedoms, is what has prevented the US government from ever prosecuting journalists for reporting on what the US government does in secret. This newfound theory of the Obama DOJ – that a journalist can be guilty of crimes for “soliciting” the disclosure of classified information – is a means for circumventing those safeguards and criminalizing the act of investigative journalism itself. These latest revelations show that this is not just a theory but one put into practice, as the Obama DOJ submitted court documents accusing a journalist of committing crimes by doing this.
That same “solicitation” theory, as the New York Times reported back in 2011, is the one the Obama DOJ has been using to justify its ongoing criminal investigation of WikiLeaks and Julian Assange: that because Assange solicited or encouraged Manning to leak classified information, the US government can “charge [Assange] as a conspirator in the leak, not just as a passive recipient of the documents who then published them.” When that theory was first disclosed, I wrote that it would enable the criminalization of investigative journalism generally:
“Very rarely do investigative journalists merely act as passive recipients of classified information; secret government programs aren’t typically reported because leaks just suddenly show up one day in the email box of a passive reporter. Journalists virtually always take affirmative steps to encourage its dissemination. They try to cajole leakers to turn over documents to verify their claims and consent to their publication. They call other sources to obtain confirmation and elaboration in the form of further leaks and documents. Jim Risen and Eric Lichtblau described how they granted anonymity to ‘nearly a dozen current and former officials’ to induce them to reveal information about Bush’s NSA eavesdropping program. Dana Priest contacted numerous ‘U.S. and foreign officials’ to reveal the details of the CIA’s ‘black site’ program. Both stories won Pulitzer Prizes and entailed numerous, active steps to cajole sources to reveal classified information for publication.”
“In sum, investigative journalists routinely — really, by definition — do exactly that which the DOJ’s new theory would seek to prove WikiLeaks did. To indict someone as a criminal ‘conspirator’ in a leak on the ground that they took steps to encourage the disclosures would be to criminalize investigative journalism every bit as much as charging Assange with ‘espionage’ for publishing classified information.”
That’s what always made the establishment media’s silence (or even support) in the face of the criminal investigation of WikiLeaks so remarkable: it was so obvious from the start that the theories used there could easily be exploited to criminalize the acts of mainstream journalists. That’s why James Goodale, the New York Times’ general counsel during the paper’s historic press freedom fights with the Nixon administration, has been warning that “the biggest challenge to the press today is the threatened prosecution of WikiLeaks, and it’s absolutely frightening.”
Indeed, as Harvard Law Professor Yochai Benkler noted recently in the New Republic, when the judge presiding over Manning’s prosecution asked military lawyers if they would “have pressed the same charges if Manning had given the documents not to WikiLeaks but directly to the New York Times?”, the prosecutor answered simply: “Yes, ma’am.” It has long been clear that this WikiLeaks-as-criminals theory could and would be used to criminalize establishment media outlets which reported on that which the US government wanted concealed.
Now we know that the DOJ is doing exactly that: applying this theory to criminalize the acts of journalists who report on what the US government does in secret, even though there is no law that makes such reporting illegal and the First Amendment protects such conduct. Essentially accusing James Rosen of being an unindicted co-conspriator in these alleged crimes is a major escalation of the Obama DOJ’s already dangerous attacks on press freedom.
It is virtually impossible at this point to overstate the threat posed by the Obama DOJ to press freedoms. Back in 2006, Bush Attorney General Alberto Gonzales triggered a major controversy when he said that the New York Times could be prosecuted for having revealed the Top Secret information that the NSA was eavesdropping on the communications of Americans without warrants. That was at the same time that right-wing demagogues such Bill Bennett were calling for the prosecution of the NYT reporters who reported on the NSA program, as well as the Washington Post’s Dana Priest for having exposed the CIA black site network.
But despite those public threats, the Bush DOJ never went so far as to formally accuse journalists in court filings of committing crimes for reporting on classified information. Now the Obama DOJ has.
This week, the New Republic’s Molly Redden describes what I’ve heard many times over the past several years: national security reporters have had their ability to engage in journalism severely impeded by the Obama DOJ’s unprecedented attacks, and are operating in a climate of fear for both their sources and themselves. Redden quotes one of the nation’s best reporters, the New Yorker’s Jane Mayer, this way:
“It’s a huge impediment to reporting, and so chilling isn’t quite strong enough, it’s more like freezing the whole process into a standstill.”
Redden says that “the DOJ’s seizure of AP records will probably only exacerbate these problems.” That’s certainly true: as surveillance expert Julian Sanchez wrote in Mother Jones this week, there is ample evidence that the Obama DOJ’s seizure of the phone records of journalists extends far beyond the AP case. Recall, as well, that the New York Times’ Jim Risen is currently being pursued by the Obama DOJ, and conceivably faces prison if he refuses to reveal his source for a story he wrote about CIA incompetence in Iran. Said Risen:
“I believe that the efforts to target me have continued under the Obama Administration, which has been aggressively investigating whistleblowers and reporters in a way that will have a chilling effect on the freedom of the press in the United States.”
If even the most protected journalists – those who work for the largest media outlets – are being targeted in this way, and are saying over and over that the Obama DOJ is preventing basic news gathering from taking place without fear, imagine the effect this all has on independent journalists who are much more vulnerable.
There is simply no defense for this behavior. Obama defenders such as Andrew Sullivan claim that this is all more complicated than media outrage suggests because of a necessary “trade-off” between press freedoms and security. So do Obama defenders believe that George Bush and Richard Nixon – who never prosecuted leakers like this or formally accused journalists of being criminals for reporting classified information – were excessively protective of press freedoms and insufficiently devoted to safeguarding secrecy? To ask that question is to mock it. Obama has gone so far beyond what every recent prior president has done in bolstering secrecy and criminalizing whistleblowing and leaks.
Goodale, the New York Times’ former general counsel, was interviewed by Democracy Now last week and said this:
AMY GOODMAN: “You say that President Obama is worse than President Nixon.”
JAMES GOODALE: “Well, more precisely, I say that if in fact he goes ahead and prosecutes Julian Assange, he will pass Nixon. He’s close to Nixon now. The AP example is a good example of something that Obama has done but Nixon never did. So I have him presently in second place, behind Nixon and ahead of Bush II. And he’s moving up fast. . . .”
“Obama has classified, I think, seven million — in one year, classified seven million documents. Everything is classified. So that would give the government the ability to control all its information on the theory that it’s classified. And if anybody asks for it and gets it, they’re complicit, and they’re going to go to jail. So that criminalizes the process, and it means that the dissemination of information, which is inevitable, out of the classified sources of that information will be stopped.”
JUAN GONZÁLEZ: “What about the—”
JAMES GOODALE: “It’s very dangerous. That’s why I’m — I get excited when I talk about it.”
That was before it was known that the Obama DOJ read James Rosen’s emails by formally labeling him in court an unindicted co-conspirator for the “crime” of reporting on classified information. This all just got a lot more dangerous.
UPDATE
Even journalists who are generally supportive of Obama – such as the New Yorker’s Ryan Lizza – are reacting with fury over this latest revelation:
Lizza added:
The Daily Beast’s Eli Lake said this:
Any journalist who doesn’t erupt with serious outrage and protest over this ought never again use that title to describe themselves.
© 2013 Guardian News and Media
Julian Assange: UK Spy Messages Suggest He is Being Framed May 20, 2013
Posted by rogerhollander in Britain, Criminal Justice, Ecuador, Wikileaks.Tags: craig Brown, Criminal Justice, julian assange, Media, roger hollander, uk intelligence, wikileaks
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Roger’s note: To watch the interview, go to http://www.commondreams.org/headline/2013/05/20-3
Screenshot from Spanish TV’s Salados, May 19, 2013.
Speaking during an interview with Spanish television program Salvados, which aired on Sunday, WikiLeaks’ founder Julian Assange said that he has received a series of unclassified instant message exchanges from UK intelligence officials suggesting that he is being framed.
Assange filed a ‘Special Access Request’ under the UK’s Data Protection Act asking the Government Communications Headquarters (GCHQ) for copies of all unclassified documents referencing Assange.
“They are trying to arrest him on suspicion of XYZ, it’s definitely a fit-up though. Their timings are too convenient right after Cablegate.”Assange has spent the past 11 months in the Ecuadorian embassy in London to avoid arrest and extradition to Sweden for alleged sexual assault charges.
Assange told the interviewer: “If I walked out the front door immediately I would be arrested that would either be an arrest for a sealed indictment from the United States for the investigation that is occurring there or it would be an arrest for an extradition to Sweden followed by an extradition from Sweden to the United States.”
“And just recently we used this from GCHQ. We have just received this. It is not public yet. GCHQ which the electonic spying agency in Britain equivalent of the United States National Security Agency. It of course won’t hand over any of the classified information,” he told interviewer Jordi Évole. “But, much to its surprise, it has some unclassified information on us. It had some instant messaging between its spies,” he said.
The first instant message conversation from August 31, 2012 reads:
“You’ve seen Assange’s prediction?”
“No”
“He reckons he will stay in the Ecuadorian embassy for six to 12 months then the charges against him will be dropped, but that is not really how it works now is it?
“He’s a fool”
“Yeah”
“A highly optimistic fool”
“Another one here from September last year:”
“They are trying to arrest him on suspicion of XYZ, it’s definitely a fit-up though. Their timings are too convenient right after Cablegate.”
“This is what their spies are discussing among themselves,” Assange added.
(CD Editors note: UsingEnglish.com defines “fit-up” as meaning: “To frame someone – make them look guilty of something they haven’t done.”
“We made a request to the police here, the government has already admitted it cost £4.5m to surround this embassy with police, but they won’t hand over any documents under the Freedom of information Act because it “concerns an investigation.” We know there is no investigation,” he told the interviewer Jordi Évole.
“Everything I say in email or SMS can be used in espionage prosecution. The US is finding ways to make everything classified.”
“Journalists want to hear that I am suffering, but I am fine, I am doing the work of my life so even in quite difficult circumstances it is satisfying,” he said.
“Sometimes I wonder if I have overstepped the mark, but the work I am doing is so satisfying to my principles that I am firm in my convictions that it was worth it.”
Wendy’s, What Are You Waiting For?: Calling on the Fast Food Giant to Stand up For Farmworkers May 18, 2013
Posted by rogerhollander in Agriculture, Food, Human Rights, Immigration, Labor.Tags: agriculture, anna lappe, christina bronsing, fair food, farm labor, fast food chains, immokalee, immokalee workers, labor, labour, roger hollander, taco bell, wendy's, workers rights
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Published on Saturday, May 18, 2013 by The Huffington Post
Who has freckles, pigtails, and is still holding out from joining the Fair Food Program? If you guessed the fresh-faced mascot of Wendy’s, give yourself a gold star. As part of its efforts to improve conditions in the fields, the Coalition of Immokalee Workers, a group of farmworkers based in Florida, is calling on the fast food giant Wendy’s to step up for farmworkers and their families.
The Coalition has had an impressive wave of wins as many companies — eleven to date — have signed an agreement to improve conditions for farmworkers. Of the top five fast food chains, McDonald’s, Burger King, Subway, and Yum! Brands (owners of Taco Bell, Pizza Hut, KFC and A&W) have all joined the Fair Food Program. In response to pressure from the Coalition and its allies, the list has grown to include Chipotle, food retailers (Whole Foods, Trader Joe’s), and food service companies (BAMCO, Aramark, Sodexo and Compass Group). The overwhelming majority of tomato growers now participate in this farmworker-driven commitment through the Florida Tomato Growers Exchange, which represents 90 percent of the industry.
By signing on to the agreement, companies must now comply with a code of conduct that includes protections for cases of wage theft, sexual harassment, and forced labor. Companies also agree to pay a small premium for tomatoes — just a penny more per pound. As a result, workers have safer working conditions and have started seeing increases in their paychecks for the first time in more than 30 years.
Think a penny a pound doesn’t sound like much? It adds up. Over $10 million has been paid out through these victories since January 2011. That number will only keep growing as more companies sign on.
Hey, Wendy’s, are you listening?
Wendy’s, of all companies, can afford paying this premium. One of the highest earning fast food chains in the country, Wendy’s comes in at number two behind McDonald’s. Nearly 6,600 restaurants in the U.S. and around the globe afford the company serious market power– influence that can go a long way to shift purchasing practices. Instead of leveraging that power to demand lower prices from suppliers, Wendy’s could be rewarding growers who respect workers’ rights.
Other fast food companies have stepped up, like Taco Bell. The fast food giant was the first company to sign on to the Coalition agreement back in 2005, after four years of pressure and organizing. In its announcement, Taco Bell said:
“As an industry leader, we are pleased to lend our support to and work with the CIW to improve working and pay conditions for farmworkers in the Florida tomato fields… We recognize there is a need for reform… We hope others in the restaurant industry and supermarket retail trade will follow our leadership.” – Emil Brolick, Taco Bell President (2005)
Brolick and Taco Bell showed that signing on to the agreement wouldn’t threaten a company’s bottom line. In fact, Brolick’s tenure is credited with boosting sales and ‘turning things around at Taco Bell. Proof that profits don’t come at the expense of workers’ rights.
Seven years later, Wendy’s is still dragging its feet instead of following Taco Bell’s example — or more accurately Brolick’s own example, since he has now taken over as CEO of Wendy’s.
This week, as Wendy’s convenes its annual shareholders’ meeting in New York City, the Coalition is in town to make sure the company has its priorities straight. On Saturday, May 18th, farmworkers and allies will march from Union Square to nearby Wendy’s locations, reminding shareholders that farmworkers aren’t an abstract budget line item, but hardworking women and men who deserve respect. (And, sure, to give Wendy’s CEO Emil Brolick a dose of déjà vu. He already has some experience with this, after all.)
If you’re in or around New York, show your support: join the march from Union Square this Saturday at 2pm. And if you’re miles from the action: raise your virtual voice and sign the e-petition!
As farmworker and organizer with the CIW, Gerardo Reyes Chávez says, “The change we are seeking is underway–and it is unstoppable. And it is unstoppable not because we say it is — but because there’s people like you taking action.”
© 2013 Huffington Post
How the US Turned Three Pacifists into Violent Terrorists May 15, 2013
Posted by rogerhollander in War, Criminal Justice, Peace, Democracy, Civil Liberties, Nuclear weapons/power.Tags: anti-nuclear, anti-war, Criminal Justice, dissent, doj, eric holder, fran quigley, greg boertje-obed, megan rice, michael walli, non violence, nuclear, nuclear weapons, oak ridge, pacifism, peace, peace protestors, ramsey clark, roger hollander, swords into plowshares
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Roger’s note: if this doesn’t send a chill up the spine of anyone with spine enough to peacefully challenge US war mongering, then I don’t know what will. This case is Lewis Carroll, Orwell and Kafka rolled up into one. Don’t fail to realize that this is happening under a president who was awarded the Nobel Peace Prize.
Published on Wednesday, May 15, 2013 by Common Dreams
From left, Greg Boertje-Obed, Sister Megan Rice, and Michael Walli. (Photo: Saul Young/News Sentinel)
In just ten months, the United States managed to transform an 82 year-old Catholic nun and two pacifists from non-violent anti-nuclear peace protestors accused of misdemeanor trespassing into federal felons convicted of violent crimes of terrorism. Now in jail awaiting sentencing for their acts at an Oak Ridge, TN nuclear weapons production facility, their story should chill every person concerned about dissent in the US.
Here is how it happened.
In the early morning hours of Saturday June 28, 2012, long-time peace activists Sr. Megan Rice, 82, Greg Boertje-Obed, 57, and Michael Walli, 63, cut through the chain link fence surrounding the Oak Ridge Y-12 nuclear weapons production facility and trespassed onto the property. Y-12, called the Fort Knox of the nuclear weapons industry, stores hundreds of metric tons of highly enriched uranium and works on every single one of the thousands of nuclear weapons maintained by the U.S.
“The truth will heal us and heal our planet, heal our diseases, which result from the disharmony of our planet caused by the worst weapons in the history of mankind, which should not exist. For this we give our lives — for the truth about the terrible existence of these weapons.”
- Sr. Megan Rice
Describing themselves as the Transform Now Plowshares, the three came as non-violent protestors to symbolically disarm the weapons. They carried bibles, written statements, peace banners, spray paint, flower, candles, small baby bottles of blood, bread, hammers with biblical verses on them and wire cutters. Their intent was to follow the words of Isaiah 2:4: “They shall beat their swords into plowshares and their spears into pruning hooks; nation shall not lift up sword against nation, neither shall they learn war any more.”
Sr. Megan Rice has been a Catholic sister of the Society of the Holy Child Jesus for over sixty years. Greg Boertje-Obed, a married carpenter who has a college age daughter, is an Army veteran and lives at a Catholic Worker house in Duluth Minnesota. Michael Walli, a two-term Vietnam veteran turned peacemaker, lives at the Dorothy Day Catholic Worker house in Washington DC.
In the dark, the three activists cut through a boundary fence which had signs stating “No Trespassing.” The signs indicate that unauthorized entry, a misdemeanor, is punishable by up to 1 year in prison and a $100,000 fine.
No security arrived to confront them.
So the three climbed up a hill through heavy brush, crossed a road, and kept going until they saw the Highly Enriched Uranium Materials Facility (HEUMF) surrounded by three fences, lit up by blazing lights.
Still no security.
So they cut through the three fences, hung up their peace banners, and spray-painted peace slogans on the HEUMF. Still no security arrived. They began praying and sang songs like “Down by the Riverside” and “Peace is Flowing Like a River.”
When security finally arrived at about 4:30 am, the three surrendered peacefully, were arrested, and jailed.
The next Monday July 30, Rice, Boertje-Obed, and Walli were arraigned and charged with federal trespassing, a misdemeanor charge which carries a penalty of up to one year in jail. Frank Munger, an award-winning journalist with the Knoxville News Sentinel, was the first to publicly wonder, “If unarmed protesters dressed in dark clothing could reach the plant’s core during the cover of dark, it raised questions about the plant’s security against more menacing intruders.”
On Wednesday August 1, all nuclear operations at Y-12 were ordered to be put on hold in order for the plant to focus on security. The “security stand-down” was ordered by security contractor in charge of Y-12, B&W Y-12 (a joint venture of the Babcock and Wilcox Company and Bechtel National Inc.) and supported by the National Nuclear Security Administration.
On Thursday August 2, Rice, Boertje-Obed, and Walli appeared in court for a pretrial bail hearing. The government asked that all three be detained. One prosecutor called them a potential “danger to the community” and asked that all three be kept in jail until their trial. The US Magistrate allowed them to be released.
Sr. Megan Rice walked out of the jail and promptly admitted to gathered media that the three had indeed gone onto the property and taken action in protest of nuclear weapons. “But we had to — we were doing it because we had to reveal the truth of the criminality which is there, that’s our obligation,” Rice said. She also challenged the entire nuclear weapons industry: “We have the power, and the love, and the strength and the courage to end it and transform the whole project, for which has been expended more than 7.2 trillion dollars,” she said. “The truth will heal us and heal our planet, heal our diseases, which result from the disharmony of our planet caused by the worst weapons in the history of mankind, which should not exist. For this we give our lives — for the truth about the terrible existence of these weapons.”
Then the government began increasing the charges against the anti-nuclear peace protestors.
The day after the Magistrate ordered the release of Rice, Boertje-Obed, and Walli, a Department of Energy (DOE) agent swore out a federal criminal complaint against the three for damage to federal property, a felony punishable by zero to five years in prison, under 18 US Code Section 1363.
The DOE agent admitted the three carried a letter which stated, “We come to the Y-12 facility because our very humanity rejects the designs of nuclearism, empire and war. Our faith in love and nonviolence encourages us to believe that our activity here is necessary; that we come to invite transformation, undo the past and present work of Y-12; disarm and end any further efforts to increase the Y-12 capacity for an economy and social structure based on war-making and empire-building.”
Now, Rice, Boertje-Obed, and Walli were facing one misdemeanor and one felony and up to six years in prison.
But the government did not stop there. The next week, the charges were enlarged yet again.
On Tuesday August 7, the U.S. expanded the charges against the peace activists to three counts. The first was the original charge of damage to Y-12 in violation of 18 US Code 1363, punishable by up to five years in prison. The second was an additional damage to federal property in excess of $1000 in violation of 18 US Code 1361, punishable by up to ten years in prison. The third was a trespassing charge, a misdemeanor punishable by up to one year in prison under 42 US Code 2278.
Now they faced up to sixteen years in prison. And the actions of the protestors started to receive national and international attention.
On August 10, 2012, the New York Times ran a picture of Sr. Megan Rice on page one under the headline “The Nun Who Broke into the Nuclear Sanctum.” Citing nuclear experts, the paper of record called their actions “the biggest security breach in the history of the nation’s atomic complex.”
At the end of August 2012, the Inspector General of the Department of Energy issued at comprehensive report on the security breakdown at Y-12. Calling the peace activists trespassers, the report indicated that the three were able to get as far as they did because of “multiple system failures on several levels.” The cited failures included cameras broken for six months, ineptitude in responding to alarms, communication problems, and many other failures of the contractors and the federal monitors. The report concluded that “Ironically, the Y-12 breach may have been an important “wake-up” call regarding the need to correct security issues at the site.”
On October 4, 2012, the defendants announced that they had been advised that, unless they pled guilty to at least one felony and the misdemeanor trespass charge, the U.S. would also charge them with sabotage against the U.S. government, a much more serious charge. Over 3000 people signed a petition to U.S. Attorney General Holder asking him not to charge them with sabotage.
But on December 4, 2012, the U.S. filed a new indictment of the protestors. Count one was the promised new charge of sabotage. Defendants were charged with intending to injure, interfere with, or obstruct the national defense of the United States and willful damage of national security premises in violation of 18 US Code 2155, punishable with up to 20 years in prison. Counts two and three were the previous felony property damage charges, with potential prison terms of up to fifteen more years in prison.
Gone entirely was the original misdemeanor charge of trespass. Now Rice, Boertje-Obed, and Walli faced up to thirty-five years in prison.
In a mere five months, government charges transformed them from misdemeanor trespassers to multiple felony saboteurs.
The government also successfully moved to strip the three from presenting any defenses or testimony about the harmful effects of nuclear weapons. The U.S. Attorney’s office filed a document they called “Motion to Preclude Defendants from Introducing Evidence in Support of Certain Justification Defenses.” In this motion, the U.S. asked the court to bar the peace protestors from being allowed to put on any evidence regarding the illegality of nuclear weapons, the immorality of nuclear weapons, international law, or religious, moral or political beliefs regarding nuclear weapons, the Nuremberg principles developed after WWII, First Amendment protections, necessity or US policy regarding nuclear weapons.
Rice, Boertje-Obed, and Walli argued against the motion. But, despite powerful testimony by former U.S. Attorney General Ramsey Clark, a declaration from an internationally renowned physician and others, the Court ruled against defendants.
Meanwhile, Congress was looking into the security breach, and media attention to the trial grew with a remarkable story in the Washington Post, with CNN coverage and AP and Reuters joining in.
The trial was held in Knoxville in early May 2012. The three peace activists were convicted on all counts. Rice, Boertje-Obed, and Walli all took the stand, admitted what they had done, and explained why they did it. The federal manager of Y-12 said the protestors had damaged the credibility of the site in the U.S. and globally and even claimed that their acts had an impact on nuclear deterrence.
As soon as the jury was dismissed, the government moved to jail the protestors because they had been convicted of “crimes of violence.” The government argued that cutting the fences and spray-painting slogans was property damage such as to constitute crimes of violence so the law obligated their incarceration pending sentencing.
The defense pointed out that Rice, Boertje-Obed, and Walli had remained free since their arrest without incident. The government attorneys argued that two of the protestors had violated their bail by going to a congressional hearing about the Y-12 security problems, an act that had been approved by their parole officers.
The three were immediately jailed. In its decision affirming their incarceration pending their sentencing, the court ruled that both the sabotage and the damage to property convictions were defined by Congress as federal crimes of terrorism. Since the charges carry potential sentences of ten years or more, the Court ruled there was a strong presumption in favor of incarceration which was not outweighed by any unique circumstances that warranted their release pending sentencing.
These non-violent peace activists now sit in jail as federal prisoners, awaiting their sentencing on September 23, 2012.
In ten months, an 82 year old nun and two pacifists had been successfully transformed by the U.S. government from non-violent anti-nuclear peace protestors accused of misdemeanor trespassing into felons convicted of violent crimes of terrorism.
Angelina Jolie’s Cancer Testing and Corporate Control of Human Genes May 14, 2013
Posted by rogerhollander in Health, Women.Tags: andrea germanos, angelina jolie, bcra gene, brca, brca1, breast cancer, cancer, corporate control, double mastectomy, gene patents, genetic testing, human genes, myriad genetics, ovarian cancer, patent office, roger hollander, supreme court
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Published on Tuesday, May 14, 2013 by Common Dreams
The BRCA tests the actress had may be unavailable to thousands because they are held under patents
Actress Angelina Jolie’s announcement on Tuesday that she underwent a double mastectomy following genetic testing underscores the broad implications of an upcoming U.S. Supreme Court decision on whether corporations can own human genes.
Foreign Secretary William Hague with UN High Commissioner for Refugees Angelina Jolie at the G8 Foreign Ministers meeting in London, 11 April 2013. (Photo: Foreign and Commonwealth Office)
Jolie announced that she had a double mastectomy after genetic testing revealed she carried “a ‘faulty’ gene, BRCA1, which sharply increases [the] risk of developing breast cancer and ovarian cancer.” The mother of six, whose own mother died after a nearly 10-year battle with cancer at 56, made the decision to have the surgery “to be proactive and to minimize the risk as much [she] could.”
In an op-ed in Tuesday’s New York Times, Jolie writes:
Breast cancer alone kills some 458,000 people each year, according to the World Health Organization, mainly in low- and middle-income countries. It has got to be a priority to ensure that more women can access gene testing and lifesaving preventive treatment, whatever their means and background, wherever they live. The cost of testing for BRCA1 and BRCA2, at more than $3,000 in the United States, remains an obstacle for many women.
That testing is done only by Salt Lake City-based Myriad Genetics because they own the patents for those genes, patents the ACLU and the Public Patent Foundation (PUBPAT) say are unconstitutional and invalid because “genes are the foundation of life” and should not be under corporate control. The U.S. Supreme Court is weighing in on that fight.
As we reported,
The defendant in the case Association for Molecular Pathology v. Myriad Genetics, Inc. is claiming to “own” two genes related to hereditary breast and ovarian cancer, BRCA 1 and BRCA 2. Myriad Genetics argues that the genes become their “invention” once they are “isolated,” or removed from the cell and therefore they have the right to stop anyone from using these genes, whether for clinical or research purposes.
“The Patent Office’s policy of granting companies complete control over portions of our bodies is both morally offensive and a clear violation of the law,” said the suit’s co-counsel Daniel B. Ravicher, executive director of the Public Patent Foundation (PUBPAT). “Genes are the foundation of life, they are created by nature, not by man, and that is why we were here today at the Supreme Court to make sure they are not controlled by corporations through the patent system.”
Thomas Hedges added that Myriad’s ownership of the genes “guarantees monopoly control over research into cancer. It discourages many other researchers from exploring treatment, something that could ultimately stunt our capacity for medical advances.” The monopoly also provides insured profits for Myriad.
Jolie references the high cost of the testing, and Ellen Matloff, director of cancer genetic counseling at the Yale Cancer Center, has said:
I think that this patent, which has jacked up the prices and made testing more difficult in many circumstances, may be preventing hundreds and maybe thousands and thousands of people from learning that they are at high risk for these terrible disease.
Yale Alumni Magazine adds:
“The patenting of genes is probably the one issue that affects every human being in the entire world,” Ellen Matloff says. “Male, female; black, white, Hispanic; sick, healthy—we all have genes. What this will do to the future of medicine is so grave that a few people have to step forward and put their necks out.”
A decision in the lawsuit in expected this summer.
How Much Did It Cost to Block a Gun Control Bill That 91% of Americans Support? This Much. May 14, 2013
Posted by rogerhollander in Democracy, Gun Control/Violence.Tags: gun control, Gun Violence, lobbying, nra, roger hollander, senators, US Senate
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05.13.13 – 11:42 PM, http://www.commondreams.org
A National Receipt from the 45 senators who blocked gun control, and who received $8,165,490 from the NRA and other gun-toting advocates. From Demand Action.
Ronald Reagan: Accessory to Genocide May 12, 2013
Posted by rogerhollander in Latin America, Human Rights, Criminal Justice, Foreign Policy, History, Genocide, Guatemala.Tags: central america, cia, death squads, foreign policy, genocide, guatemala, guatemala genocide, human rights, Latin America, mayan indians, rios-montt, robert parry, roger hollander, ronald reagan
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Roger’s note: Rightly so the entire world is aghast with disgust over the kidnapping and rape of the three teen aged young women in Cleveland. Rightly so, the media is giving major coverage to these acts of barbarism. Unrightly so, the media will virtually ignore the role of presidents like Ronald Reagan in in the wholesale massacre of women and children. This article focuses on Reagan (in our day Bush and Obama share similar guilt), again rightly so. You probably can go back to every US president since McKinley and find evidence of similar criminality. There is something fundamentally wrong with the corporate controlled media. There is something fundamentally wrong with the United States government. Genuine democracy, which presupposes an informed public, would not permit such atrocity.
Published on Sunday, May 12, 2013 by Consortiumnews.com
More than any recent U.S. president, Ronald Reagan has been lavished with honors, including his name attached to Washington’s National Airport. But the conviction of Reagan’s old ally, ex-Guatemalan dictator Rios Montt, for genocide means “Ronnie” must face history’s judgment as an accessory to the crime
The conviction of former Guatemalan dictator Efrain Rios Montt on charges of genocide against Mayan villagers in the 1980s has a special meaning for Americans who idolize Ronald Reagan. It means that their hero was an accessory to one of the most grievous crimes that can be committed against humanity.
The courage of the Guatemalan people and the integrity of their legal system to exact some accountability on a still-influential political figure also put U.S. democracy to shame. For decades now, Americans have tolerated human rights crimes by U.S. presidents who face little or no accountability. Usually, the history isn’t even compiled honestly.
Ronald Reagan: Accessory to GenocideBy contrast, a Guatemalan court on Friday found Rios Montt guilty of genocide and crimes against humanity and sentenced the 86-year-old ex-dictator to 80 years in prison. After the ruling, when Rios Montt rose and tried to walk out of the courtroom, Judge Yasmin Barrios shouted at him to stay put and then had security officers take him into custody.
Yet, while Guatemalans demonstrate the strength to face a dark chapter of their history, the American people remain mostly oblivious to Reagan’s central role in tens of thousands of political murders across Central America in the 1980s, including some 100,000 dead in Guatemala slaughtered by Rios Montt and other military dictators.
Indeed, Ronald Reagan – by aiding, abetting, encouraging and covering up widespread human rights crimes in El Salvador, Honduras and Nicaragua as well as Guatemala – bears greater responsibility for Central America’s horrors than does Rios Montt in his bloody 17-month rule. Reagan supported Guatemala’s brutal repression both before and after Rios Montt held power, as well as during.
Despite that history, more honors have been bestowed on Reagan than any recent president. Americans have allowed the naming of scores of government facilities in Reagan’s honor, including Washington National Airport where Reagan’s name elbowed aside that of George Washington, who led the War of Independence, oversaw the drafting of the U.S. Constitution and served as the nation’s first president.
So, as America’s former reputation as a beacon for human rights becomes a bad joke to the rest of the world, it is unthinkable within the U.S. political/media structure that Reagan would get posthumously criticized for the barbarity that he promoted. No one of importance would dare suggest that his name be stripped from National Airport and his statue removed from near the airport entrance.
But the evidence is overwhelming that the 40th president of the United States was guilty as an accessory to genocide and a wide range of other war crimes, including torture, rape, terrorism and narcotics trafficking. [See Robert Parry's Lost History.]
Green Light to Genocide
Regarding Guatemala, the documentary evidence is clear that Reagan and his top aides gave a green light to the extermination campaign against the Mayan Ixil population in the highlands even before Rios Montt came to power. Despite receiving U.S. intelligence reports revealing these atrocities, the Reagan administration also pressed ahead in an extraordinary effort to arrange military equipment, including helicopters, to make the slaughter more efficient.
Rios Montt alongside supporter Ronald Reagan. (Photo: Upside Down World)
“In the tortured logic of military planning documents conceived under Mr. Ríos Montt’s 17-month rule during 1982 and 1983, the entire Mayan Ixil population was a military target, children included,” the New York Times reported from Rios Montt’s trial last month. “Officers wrote that the leftist guerrillas fighting the government had succeeded in indoctrinating the impoverished Ixils and reached ‘100 percent support.’”
So, everyone was targeted in these scorched-earth campaigns that eradicated more than 600 Indian villages in the Guatemalan highlands. But documents from this period indicate that these counterinsurgency strategies predated Rios Montt. And, they received the blessing of the Reagan administration shortly after Reagan took power in 1981.
A document that I discovered in the archives of the Reagan Library in Simi Valley, California, revealed that Reagan and his national security team in 1981 agreed to supply military aid to Guatemala’s dictators so they could pursue the goal of exterminating not only “Marxist guerrillas” but people associated with their “civilian support mechanisms.”
This supportive attitude took shape in spring 1981 as President Reagan sought to relax human-rights restrictions on military aid to Guatemala that had been imposed by President Jimmy Carter and the Democratic-controlled Congress in the late 1970s. As part of that easing, Reagan’s State Department “advised our Central American embassies that it has been studying ways to restore a closer, cooperative relationship with Guatemala,” said a White House “Situation Room Checklist” dated April 8, 1981.
The document added: “State believes a number of changes have occurred which could make Guatemalan leaders more receptive to a new U.S. initiative: the Guatemalans view the new administration as more sympathetic to their problems [and] they are less suspect of the U.S. role in El Salvador,” where the Reagan administration was expanding military aid to another right-wing regime infamous for slaughtering its political opponents, including Catholic clergy.
“State has concluded that any attempt to reestablish a dialogue [with Guatemala] would require some initial, condition-free demonstration of our goodwill. However, this could not include military sales which would provoke serious U.S. public and congressional criticism. State will undertake a series of confidence building measures, free of preconditions, which minimize potential conflict with existing legislation.”
In other words, the Reagan administration was hoping that the U.S. government could get back in the good graces of the Guatemalan dictators, not that the dictators should change their ways to qualify for U.S. government help.
Soliciting the Generals
The “checklist” added that the State Department “has also decided that the administration should engage the Guatemalan government at the highest level in a dialogue on our bilateral relations and the initiatives we can take together to improve them. Secretary [of State Alexander] Haig has designated [retired] General Vernon Walters as his personal emissary to initiate this process with President [Fernando Romeo] Lucas [Garcia].
“If Lucas is prepared to give assurances that he will take steps to halt government involvement in the indiscriminate killing of political opponents and to foster a climate conducive to a viable electoral process, the U.S. will be prepared to approve some military sales immediately.”
But the operative word in that paragraph was “indiscriminate.” The Reagan administration expressed no problem with killing civilians if they were considered supporters of the guerrillas who had been fighting against the country’s ruling oligarchs and generals since the 1950s when the CIA organized the overthrow of Guatemala’s reformist President Jacobo Arbenz.
The distinction was spelled out in “Talking Points” for Walters to deliver in a face-to-face meeting with General Lucas. As edited inside the White House in April 1981, the “Talking Points” read: “The President and Secretary Haig have designated me [Walters] as [their] personal emissary to discuss bilateral relations on an urgent basis.
“Both the President and the Secretary recognize that your country is engaged in a war with Marxist guerrillas. We are deeply concerned about externally supported Marxist subversion in Guatemala and other countries in the region. As you are aware, we have already taken steps to assist Honduras and El Salvador resist this aggression.
“The Secretary has sent me here to see if we can work out a way to provide material assistance to your government. … We have minimized negative public statements by US officials on the situation in Guatemala. … We have arranged for the Commerce Department to take steps that will permit the sale of $3 million worth of military trucks and Jeeps to the Guatemalan army. …
“With your concurrence, we propose to provide you and any officers you might designate an intelligence briefing on regional developments from our perspective. Our desire, however, is to go substantially beyond the steps I have just outlined. We wish to reestablish our traditional military supply and training relationship as soon as possible.
“As we are both aware, this has not yet been feasible because of our internal political and legal constraints relating to the use by some elements of your security forces of deliberate and indiscriminate killing of persons not involved with the guerrilla forces or their civilian support mechanisms. I am not referring here to the regrettable but inevitable death of innocents though error in combat situations, but to what appears to us a calculated use of terror to immobilize non politicized people or potential opponents. …
“If you could give me your assurance that you will take steps to halt official involvement in the killing of persons not involved with the guerrilla forces or their civilian support mechanism … we would be in a much stronger position to defend successfully with the Congress a decision to begin to resume our military supply relationship with your government.”
In other words, though the “talking points” were framed as an appeal to reduce the “indiscriminate” slaughter of “non politicized people,” they embraced scorched-earth tactics against people involved with the guerrillas and “their civilian support mechanisms.” The way that played out in Guatemala – as in nearby El Salvador – was the massacring of peasants in regions considered sympathetic to leftist insurgents.
Reporting the Truth
U.S. intelligence officers in the region also kept the Reagan administration abreast of the expanding slaughter. For instance, according to one “secret” cable from April 1981 — and declassified in the 1990s — the CIA was confirming Guatemalan government massacres even as Reagan was moving to loosen the military aid ban.
On April 17, 1981, a CIA cable described an army massacre at Cocob, near Nebaj in the Ixil Indian territory, because the population was believed to support leftist guerrillas. A CIA source reported that “the social population appeared to fully support the guerrillas” and “the soldiers were forced to fire at anything that moved.”
The CIA cable added that “the Guatemalan authorities admitted that ‘many civilians’ were killed in Cocob, many of whom undoubtedly were non-combatants.” [Many of the Guatemalan documents declassified in the 1990s can be found at the National Security Archive’s Web site.]
Despite these atrocities, Reagan dispatched Walters in May 1981 to tell the Guatemalan leaders that the new U.S. administration wanted to lift the human rights embargoes on military equipment that Carter and Congress had imposed.
According to a State Department cable on Oct. 5, 1981, when Guatemalan leaders met again with Walters, they left no doubt about their plans. The cable said Gen. Lucas “made clear that his government will continue as before — that the repression will continue. He reiterated his belief that the repression is working and that the guerrilla threat will be successfully routed.”
Human rights groups saw the same picture, albeit from a less sympathetic angle. The Inter-American Human Rights Commission released a report on Oct. 15, 1981, blaming the Guatemalan government for “thousands of illegal executions.” [Washington Post, Oct. 16, 1981]
But the Reagan administration was set on whitewashing the horrific scene. A State Department “white paper,” released in December 1981, blamed the violence on leftist “extremist groups” and their “terrorist methods” prompted and supported by Cuba’s Fidel Castro.
Fully Onboard
What the documents from the Reagan Library make clear is that the administration was not simply struggling ineffectively to rein in these massacres – as the U.S. press corps typically reported – but was fully onboard with the slaughter of people who were part of the guerrillas’ “civilian support mechanisms.”
U.S. intelligence agencies continued to pick up evidence of these government-sponsored massacres. One CIA report in February 1982 described an army sweep through the so-called Ixil Triangle in central El Quiche province.
“The commanding officers of the units involved have been instructed to destroy all towns and villages which are cooperating with the Guerrilla Army of the Poor [the EGP] and eliminate all sources of resistance,” the report said. “Since the operation began, several villages have been burned to the ground, and a large number of guerrillas and collaborators have been killed.”
The CIA report explained the army’s modus operandi: “When an army patrol meets resistance and takes fire from a town or village, it is assumed that the entire town is hostile and it is subsequently destroyed.” When the army encountered an empty village, it was “assumed to have been supporting the EGP, and it is destroyed. There are hundreds, possibly thousands of refugees in the hills with no homes to return to. …
“The army high command is highly pleased with the initial results of the sweep operation, and believes that it will be successful in destroying the major EGP support area and will be able to drive the EGP out of the Ixil Triangle. … The well documented belief by the army that the entire Ixil Indian population is pro-EGP has created a situation in which the army can be expected to give no quarter to combatants and non-combatants alike.”
The reality was so grotesque that it prompted protests even from some staunch anticommunists inside the Reagan administration. On Feb. 2, 1982, Richard Childress, one of Reagan’s national security aides, wrote a “secret” memo to his colleagues summing up this reality on the ground:
“As we move ahead on our approach to Latin America, we need to consciously address the unique problems posed by Guatemala. Possessed of some of the worst human rights records in the region, … it presents a policy dilemma for us. The abysmal human rights record makes it, in its present form, unworthy of USG [U.S. government] support. …
“Beset by a continuous insurgency for at least 15 years, the current leadership is completely committed to a ruthless and unyielding program of suppression. Hardly a soldier could be found that has not killed a ‘guerrilla.’”
Rios Montt’s Arrival
But Reagan was unmoved. He continued to insist on expanding U.S. support for these brutal campaigns, while his administration sought to cover up the facts and deflect criticism. Reagan’s team insisted that Gen. Efrain Rios Montt’s overthrow of Gen. Lucas in March 1982 represented a sunny new day in Guatemala.
An avowed fundamentalist Christian, Rios Montt impressed Official Washington where the Reagan administration immediately revved up its propaganda machinery to hype the new dictator’s “born-again” status as proof of his deep respect for human life. Reagan hailed Rios Montt as “a man of great personal integrity.”
By July 1982, however, Rios Montt had begun a new scorched-earth campaign called his “rifles and beans” policy. The slogan meant that pacified Indians would get “beans,” while all others could expect to be the target of army “rifles.” In October, Rios Montt secretly gave carte blanche to the feared “Archivos” intelligence unit to expand “death squad” operations in the cities. Based at the Presidential Palace, the “Archivos” masterminded many of Guatemala’s most notorious assassinations.
The U.S. embassy was soon hearing more accounts of the army conducting Indian massacres, but ideologically driven U.S. diplomats fed the Reagan administration the propaganda spin that would be best for their careers. On Oct. 22, 1982, embassy staff dismissed the massacre reports as a communist-inspired “disinformation campaign.”
Reagan personally joined this P.R. spin seeking to discredit human rights investigators and others who were reporting accurately about massacres that the administration knew were true. On Dec. 4, 1982, after meeting with Rios Montt, Reagan hailed the general as “totally dedicated to democracy” and added that Rios Montt’s government had been “getting a bum rap” on human rights. Reagan discounted the mounting reports of hundreds of Mayan villages being eradicated.
In February 1983, however, a secret CIA cable noted a rise in “suspect right-wing violence” with kidnappings of students and teachers. Bodies of victims were appearing in ditches and gullies. CIA sources traced these political murders to Rios Montt’s order to the “Archivos” in October to “apprehend, hold, interrogate and dispose of suspected guerrillas as they saw fit.”
Despite these facts on the ground, the annual State Department human rights survey praised the supposedly improved human rights situation in Guatemala. “The overall conduct of the armed forces had improved by late in the year” 1982, the report stated.
Indiscriminate Murder
A different picture — far closer to the secret information held by the U.S. government — was coming from independent human rights investigators. On March 17, 1983, Americas Watch condemned the Guatemalan army for human rights atrocities against the Indian population.
New York attorney Stephen L. Kass said these findings included proof that the government carried out “virtually indiscriminate murder of men, women and children of any farm regarded by the army as possibly supportive of guerrilla insurgents.”
Rural women suspected of guerrilla sympathies were raped before execution, Kass said, adding that children were “thrown into burning homes. They are thrown in the air and speared with bayonets. We heard many, many stories of children being picked up by the ankles and swung against poles so their heads are destroyed.” [AP, March 17, 1983]
Publicly, senior Reagan officials continued to put on a happy face. In June 1983, special envoy Richard B. Stone praised “positive changes” in Rios Montt’s government, and Rios Montt pressed the United States for 10 UH-1H helicopters and six naval patrol boats, all the better to hunt guerrillas and their sympathizers.
Since Guatemala lacked the U.S. Foreign Military Sales credits or the cash to buy the helicopters, Reagan’s national security team looked for unconventional ways to arrange the delivery of the equipment that would give the Guatemalan army greater access to mountainous areas where guerrillas and their civilian supporters were hiding.
On Aug. 1, 1983, National Security Council aides Oliver North and Alfonso Sapia-Bosch reported to National Security Advisor William P. Clark that his deputy Robert “Bud” McFarlane was planning to exploit his Israeli channels to secure the helicopters for Guatemala. [For more on McFarlanes's Israeli channels, see Consortiumnews.com's "How Neocons Messed Up the Mideast."]
“With regard to the loan of ten helicopters, it is [our] understanding that Bud will take this up with the Israelis,” wrote North and Sapia-Bosch. “There are expectations that they would be forthcoming. Another possibility is to have an exercise with the Guatemalans. We would then use US mechanics and Guatemalan parts to bring their helicopters up to snuff.”
Hunting Children
What it meant to provide these upgrades to the Guatemalan killing machine was clarified during the trial of Rios Montt with much of the testimony coming from survivors who, as children, escaped to mountain forests as their families and other Mayan villagers were butchered.
As the New York Times reported, “Pedro Chávez Brito told the court that he was only six or seven years old when soldiers killed his mother. He hid in the chicken coop with his older sister, her newborn and his younger brother, but soldiers found them and dragged them out, forcing them back into their house and setting it on fire.
“Mr. Chávez says he was the only one to escape. ‘I got under a tree trunk and I was like an animal,’ Mr. Chávez told the court. ‘After eight days I went to live in the mountains. In the mountain we ate only roots and grass.’”
The Times reported that “prosecution witnesses said the military considered Ixil civilians, including children, as legitimate targets. … Jacinto Lupamac Gómez said he was eight when soldiers killed his parents and older siblings and hustled him and his two younger brothers into a helicopter. Like some of the children whose lives were spared, they were adopted by Spanish-speaking families and forgot how to speak Ixil.”
Elena de Paz Santiago, now 42, “testified that she was 12 when she and her mother were taken by soldiers to an army base and raped. The soldiers let her go, but she never saw her mother again,” the Times reported.
Even by Guatemalan standards, Rios Montt’s vengeful Christian fundamentalism had hurtled out of control. On Aug. 8, 1983, another coup overthrew Rios Montt and brought Gen. Oscar Mejia Victores to power.
Despite the power shift, Guatemalan security forces continued to murder with impunity, finally going so far that even the U.S. Embassy objected. When three Guatemalans working for the U.S. Agency for International Development were slain in November 1983, U.S. Ambassador Frederic Chapin suspected that “Archivos” hit squads were sending a message to the United States to back off even mild pressure for human rights.
In late November, in a brief show of displeasure, the administration postponed the sale of $2 million in helicopter spare parts. The next month, however, Reagan sent the spare parts anyway. In 1984, Reagan succeeded, too, in pressuring Congress to approve $300,000 in military training for the Guatemalan army.
By mid-1984, Chapin, who had grown bitter about the army’s stubborn brutality, was gone, replaced by a far-right political appointee named Alberto Piedra, who favored increased military assistance to Guatemala. In January 1985, Americas Watch issued a report observing that Reagan’s State Department “is apparently more concerned with improving Guatemala’s image than in improving its human rights.”
Reagan’s Dark Side
Despite his outwardly congenial style, Reagan – as revealed in the documentary record – was a cold and ruthless anticommunist who endorsed whatever “death squad” strategies were deployed against leftists in Central America. As Walters’s “Talking Points” demonstrate, Reagan and his team accepted the idea of liquidating not only armed guerrillas but civilians who were judged sympathetic to left-wing causes – people who were deemed part of the guerrillas’ “civilian support mechanisms.”
Across Central America in the 1980s, the death toll was staggering — an estimated 70,000 or more political killings in El Salvador, possibly 20,000 slain from the Contra war in Nicaragua, about 200 political “disappearances” in Honduras and some 100,000 people eliminated during the resurgence of political violence in Guatemala. The one consistent element in these slaughters was the overarching Cold War rationalization emanating from Ronald Reagan’s White House.
It was not until 1999, a decade after Ronald Reagan left office, that the shocking scope of the atrocities in Guatemala was comprehensively detailed by a truth commission that drew heavily on U.S. government documents declassified by President Bill Clinton. On Feb. 25, 1999, the Historical Clarification Commission estimated that the 34-year civil war had claimed the lives of some 200,000 people with the most savage bloodletting occurring in the 1980s. The panel estimated that the army was responsible for 93 percent of the killings and leftist guerrillas for three percent. Four percent were listed as unresolved.
The report documented that in the 1980s, the army committed 626 massacres against Mayan villages. “The massacres that eliminated entire Mayan villages … are neither perfidious allegations nor figments of the imagination, but an authentic chapter in Guatemala’s history,” the commission concluded. The army “completely exterminated Mayan communities, destroyed their livestock and crops,” the report said. In the northern highlands, the report termed the slaughter “genocide.” [Washington Post, Feb. 26, 1999]
Besides carrying out murder and “disappearances,” the army routinely engaged in torture and rape. “The rape of women, during torture or before being murdered, was a common practice” by the military and paramilitary forces, the report found. The report added that the “government of the United States, through various agencies including the CIA, provided direct and indirect support for some [of these] state operations.” The report concluded that the U.S. government also gave money and training to a Guatemalan military that committed “acts of genocide” against the Mayans. [NYT, Feb. 26, 1999]
During a visit to Central America, on March 10, 1999, President Clinton apologized for the past U.S. support of right-wing regimes in Guatemala dating back to 1954. “For the United States, it is important that I state clearly that support for military forces and intelligence units which engaged in violence and widespread repression was wrong, and the United States must not repeat that mistake,” Clinton said.
Despite the damning documentary evidence and now the shocking judgment of genocide against Rios Montt, there has been no interest in Washington to hold any U.S. official accountable, not even a thought that the cornucopia of honors bestowed on Ronald Reagan should cease or be rescinded.
It remains unlikely that the genocide conviction of Rios Montt will change the warm and fuzzy glow that surrounds Ronald Reagan in the eyes of many Americans. The story of the Guatemalan butchery and the Reagan administration’s complicity has long since been relegated to the great American memory hole.
But Americans of conscience will have to reconcile what it means when a country sees nothing wrong in honoring a man who made genocide happen.
© 2013 Consortiumnews.com
US Complicity in Guatemalan Genocide May 12, 2013
Posted by rogerhollander in Democracy, Foreign Policy, Genocide, Guatemala, Human Rights, Latin America.Tags: genocide, guatemala, guatemala genocide, Latin America, mayan indians, perez molina, rios-montt, roger hollander, ronald reagan, School of the Americas, soa, soa watch
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Roger’s note: these are excerpts from the SOA (School of the Americas) Watch newsletter:
The arc of the moral universe is long, but it bends towards Justice.
SOA Watch celebrates the guilty verdict against the former Guatemalan dictator and School of the Americas Graduate Efraín Ríos Montt, who was sentenced to 80 years in prison. 
We celebrate and stand in solidarity with the Ixil Mayans, the survivors of the genocide and crimes against humanity committed under his dictatorship (1982-1983).
SOA Watch renews the demand that justice also visit those who trained, equipped, and facilitated his genocidal regime. School of the Americas graduates formed the backbone of the presidential cabinets under the dictatorships of both Montt and his predecessor, Romeo Lucas García. They were also deeply involved in the Guatemalan Intelligence Agency (D-2), in the formation of the notorious civil defense patrols, and in planning and executing “Operation Sofia”. This military maneuver wiped out some 600 Mayan villages, part of a broader campaign “of genocide against groups of Mayan people,” as concluded by the 1999 UN-backed truth commission. 
Montt is the first ex-president to be found guilty of genocide by a Latin American court—it indicates that the tide is turning against impunity in the region, however, we must also hold those in the United States accountable, who trained and equipped the right-wing military dictatorships and made the genocide possible.
After a meeting with Ríos Montt in Honduras during the US-backed Dirty Wars in Central America, then-president Ronald Reagan stated that Ríos Montt was “a man of great personal integrity . . . totally dedicated to democracy”. The next day, December 6, 1982, the Kaibiles, the Guatemalan special forces which have extensive ties to the SOA, entered the village of Las Dos Erres, systematically raped the women, and killed 162 inhabitants, 67 of them children. Current President of Guatemala Otto Peréz Molina, also a graduate of the SOA, spent much of his time in military service as a member of the Kaibiles. This military unit was developed by the Guatemalan government in 1974, and its initial leader was a fellow SOA graduate by the name Pablo Nuila Hub. Also during the military career of Molina, he served as Montt’s Ixil field commander, under the alias Major Tito Arias. For a more detailed SOA Watch report about the Kaibiles, click here.It was the current administration of Peréz Molina who, fearing Molina’s complicity in much of the evidence brought forth in the trial against Montt, who stood to benefit from the temporary suspension of the trial. Thankfully justice prevailed and the trial resumed.
US driven by Nazi war machine May 11, 2013
Posted by rogerhollander in Europe, History.Tags: anti-communism, cia, cold war, finian cunningham, nazi spies, nazis, oss, reinhard gehlen, roger hollander, second world war, third reich, ve day, world war II
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Roger’s note: I found this article on http://www.opednews.com, a usually reliable source, but I cannot verify its accuracy. I found one questionable datum, the author has John Foster Dulles as running the OSS in Europe during the Second World War. He is probably confusing him with his brother, Allen Dulles. However, J.F. Dulles, Eisenhower’s Secretary of State, was as rabid an anti-Communist as his brother. The latter, by the way, was fired as CIA Director by Kennedy after the Bay of Pigs fiasco and subsequently was a key player in the Warren Commission’s whitewash of the Kennedy assassination. The Dulles brothers do in fact have an infamous history of Cold War misadventures.
Sat May 11, 2013 3:45PM
By Finian Cunningham
When we survey the carnage of criminal wars of aggression by the US and its NATO allies since the official end of the Cold War, including the genocides in Iraq, Afghanistan, Libya and currently in Syria, not to mention large swathes of Asia and Africa, it is worth bearing in mind the moral corruption at the heart of these governments that can be traced back to end of the Second World War. Today, more than ever, America’s clandestine partnership with the Nazi war machine is increasingly made manifest.
The annual VE Day – victory in Europe – celebrations held this month see, as usual, Western governments indulging in self-glory and moral superiority for their supposed defeat of German fascism. However, the official history books do not tell of the secret pact that Western governments and Washington in particular formed with the remnants of the Nazi war machine.
The absorption of Nzi military practice and intelligence into the CIA and other Western organizations at the end of the Second World War had fateful and far-reaching pernicious consequences – consequences that are becoming more and more manifest today, as US-led wars of aggression rage around the world.
If we want to understand why US-led wars of aggression, covert and overt, are plaguing the planet, from Iraq, Afghanistan, to Libya, Syria and Iran, we can gain much insight into today’s problems by going back to events at the end of the Second World War.
Within days of Nazi Germany’s unconditional surrender to the Allies – 68 years ago this week – the Western powers of the United States and Britain were already drawing the battle lines for their next war – against the Soviet Union.
On 22 May 1945, the Third Reich’s chief of intelligence on the Eastern Front, Major General Reinhard Gehlen, surrendered himself to the American military near his Bavarian hideout. The Americans quickly realized the scoop. Gehlen had been Hitler’s “spy master” during Nazi Germany’s war on the Soviet Union, in charge of running agents, death squads and compiling data on Soviet and Red Army infrastructure.
Gehlen prepared well for his surrender to the Americans. He traded his copious intelligence assets for liberty, instead of being handed over as a wanted war criminal to the Soviets, as the Americans should have done as part of an agreement hammered out between the Allies at the Yalta conference weeks before the war’s end. The Soviets wanted Gehlen and his high-value files, and they knew that the Americans were breaking their word.
Hitler’s spy master was not only given his liberty. He was flown to
Washington and was received with open arms by President Truman’s top intelligence brass. For the next year, Gehlen worked with American military intelligence to establish an anti-Soviet clandestine army that would operate throughout Eastern Europe, the Baltics and inside Russian territory. The Gehlen Organization, as it became known, was Washington’s “eyes and ears” on the Soviet Union.
One of Gehlen’s closest American associates at the time was John
Foster Dulles, who led the American Office of Strategic Services (OSS) in Europe during the war. Dulles shared Gehlen’s rabid anti-communist views. Justifying the American collaboration with this senior Third Reich officer, Dulles said: “He’s on our side, and that’s all that matters.” The OSS would soon evolve into the Central Intelligence Agency and Dulles became its director.
While the Nuremberg Trials were prosecuting a handful of high-profile Nazi leaders, such as Hermann Goring and Rudolf Hess, the glaring but lesser-known contradiction to the much-vaunted “de-Nazification” was that the US was recruiting thousands of Nazi scientists, industrialists, militarists and intelligence.
The Gehlen Org was a foundation stone of the CIA and the North
Atlantic Treaty Organization (NATO). A central part of the American deal with Reinhard Gehlen was that he not only supplied all his intelligence files on the Soviet Union, but he also rendered the services of his contacts and operatives among the Wehrmacht’s vast Eastern Front.
The Americans and British turned a blind eye as thousands of former Nazi personnel were quietly released from POW camps or brought in from hiding to join the ranks of the Gehlen Org. They included wanted war criminals and former members of the Gestapo, Waffen-SS and Einsatzgruppen – the mobile killing squads that had carried out mass exterminations in the Nazi onslaught against the Soviet Union during Operation Barbarossa (1941-44).
According to Christopher Simpson in his book, Blowback, notorious Nazi death squad figures, such as Klaus Barbie, Franz Six and Emil Augsberg were afforded “rat lines” to escape from justice and become re-employed to serve American and NATO military intelligence against the Soviet Union in what became the Cold War.
For years after the Second World War, the Gehlen Org’s remit was to run espionage, sabotage and assassination operations – state-sponsored terrorism – on behalf of the American CIA and NATO behind enemy lines in the Soviet territories, stretching from the Balkans to the Black Sea. Thousands of other Nazi war criminals were spirited out of Europe with American oversight to take up residence in South America.
Some of them would resurface as key players in American-backed fascist dictatorships in South and Central America during the 1950s, 60s and 70s.
One consequence of the US incorporating the Nazi war machine was the deep-chilling effect on Western-Soviet relations. The Soviet Union had borne the brunt of Nazi aggression during the Second World War, with as many as 50 million of its citizens killed. It is not hard to imagine how the redeployment by the US of Nazi spies, intelligence, commandos and Eastern European puppets must have appeared then to Moscow. It was an unspeakable betrayal and de facto declaration of war by its former war-time ally.
This Western betrayal set the scene for the Cold War that would haunt international relations for nearly six decades from the end of the Second World War. Gehlen would go on to become head of West German intelligence (BND) until his decorated retirement in 1968. He died in 1979 at the age of 77.
The reliance of the CIA, the Pentagon, White House and NATO on the Nazi war machine for its intelligence ensured that a deadly nuclear arms race took hold. The result was the growth of the gargantuan American military-industrial complex, which today not only threatens the rest of the world with hyper destructive power, but also the viability of American society from the exorbitant economic cost for maintaining this voracious complex.
Another result was that the rabid anti-communist ideology and military practices of the Nazi apparatus became embedded in American foreign policy and military doctrine.
It is ironic that every year the American and Western European governments commemorate VE Day – victory in Europe – when the army of the Third Reich surrendered on 8-9 May, 1945. Washington and its Western allies claim that they saved the world from fascism, and for decades Western governments have lived off that supposed glorious victory. The moral authority that these governments have derived seems wholly undeserved given the expedient alliance they forged out of the ashes of the war with the cutting edge of German fascism.
In reality, no sooner had the Nazi war machine capitulated, when it was promptly used as the foundation for American and Western military intelligence and counterinsurgency establishments.
When we survey the carnage of criminal wars of aggression by the US and its NATO allies since the official end of the Cold War, including the genocides in Iraq, Afghanistan, Libya and currently in Syria, not to mention large swathes of Asia and Africa, it is worth bearing in mind the moral corruption at the heart of these governments that can be traced back to end of the Second World War. Today, more than ever, America’s clandestine partnership with the Nazi war machine is increasingly made manifest.
FC/SL
Finian Cunningham, originally from Belfast, Ireland, was born in 1963. He is a prominent expert in international affairs. The author and media commentator was expelled from Bahrain in June 2011 for his critical journalism in which he highlighted human rights violations by the Western-backed regime. He is a Master’s graduate in Agricultural Chemistry and worked as a scientific editor for the Royal Society of Chemistry, Cambridge, England, before pursuing a career in journalism. He is also a musician and songwriter. For many years, he worked as an editor and writer in the mainstream news media, including The Mirror, Irish Times and Independent. He is now based in East Africa where he is writing a book on Bahrain and the Arab Spring.He co-hosts a weekly current affairs programme, Sunday at 3pm GMT on Bandung Radio. More articles by Finian Cunningham
Obama Speech: Same Policies, Slightly New Package May 24, 2013
Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, Pakistan, War on Terror.Tags: answer coalition, civilian casualties, drone missiles, forced feeding, Guantanamo, obama speech, pakistan, president obama, roger hollander, torture, war on terror
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Roger’s note: “Further, the president made several statements that seem to be contradicted by his actions.” This is a genteel way of saying the president is a liar.
ANSWER responds to President Obama’s speech at the National Defense
University
President Obama’s speech at the National Defense University today was another
exercise in misdirection and illusion regarding the administration’s
unprecedented use of drone military strikes that have killed more than 5,000
people, the majority of whom were civilians, including a large number of
children.
Under pressure from a growing international grassroots protest movement
demanding the end of drone strikes and the closure of the Guantanamo torture
center, Obama’s speech was crafted to address both issues.
He acknowledged that civilians were killed by his drone strikes and said that
he would be “haunted” by their deaths, but he made it clear that the strikes
would continue.
Although he spoke far more eloquently than George W. Bush, the president used
the Bush-created legal architecture to permit the president to kill anyone,
anywhere if he labeled them as a terrorist. Obama said that his previously
secret “legal basis” for targeted killings was actually the Authorization of
Military Use Force (AMUF) that Bush rammed through Congress shortly after the
September 11, 2001 attacks.
Demagogically he called again for the closure of Guantanamo, which has been
labeled a torture center by the United Nations. He said that the failure to
close the facility was seen by the whole world as a “flouting [of] the rule of
law” by the United States. But he neglected to say that he has refused to use
the vast authority of the presidency to actually close Guantanamo. Rather he is
placing the blame on Congress rather than acting.
In addition to refusing to take immediate action to close Guantanamo,
President Obama stated that he would not end the policy of indefinite detention.
He in fact stated that he has tasked an official to find a place in the United
States where people can be held indefinitely without charges. He further
referenced America’s “supermax” prisons. These brutal facilities, in which
prisoners are kept in tiny cells for 23 hours a day, also meet most definitions
of torture, a practice Obama claims to have “banned.”
Old wine in a new bottle
For almost the entirety of his presidency, Obama has sought to shield his
“War on Terror” policies from even some of the most basic scrutiny. In fact,
information on many of these programs has only been released after significant
criticism has been raised. More than anything, President Obama’s May 23, 2013,
speech must be seen as a direct response to the individuals and organizations
who have consistently been challenging the actions of the administration on
these issues. It is unavoidably clear that the firestorm of criticism around
drone strikes, Guantanamo Bay Prison, and the extent of domestic surveillance
created a climate in which Obama was forced to defend his policies.
The president outlined a number of policies, many of which had already been
revealed in their broad outlines, and attempted to give them a new gloss.
Further, the president made several statements that seem to be contradicted by
his actions. In other words, despite all the hype, the president is attempting
to codify many of the “war-time” measures that erode our civil liberties and
perpetuate imperialist brutality abroad.
For instance, President Obama claimed that his administration has “banned
torture” despite the fact the force feedings being carried out by individuals
directly under his purview have been classified by the American Medical
Association as torture. The president also made several interesting admissions,
one being that in the Afghanistan-Pakistan theater the U.S. government
reportedly only attacks leaders of Al-Qaeda. Whether that is true or not, it is
a clear admission that in Pakistan and Afghanistan, “signature strikes” – which
have been responsible for thousands of deaths, including many civilians – will
continue.
“Only 55 known militant leaders have been killed in Pakistan, representing
just 2 percent of the total deaths” caused by U.S. drone strikes in Pakistan,
according to the New American Foundation.
President Obama, in response to major criticism, did state the need to close
Guantanamo; the president also stated that he wants to find a way to eliminate
the Authorization of the Use of Military Force as a justification for terror
policies. This is after he used the AUMF to conduct a mostly secret worldwide
conflict that has killed tens of thousands of people. It seems highly convenient
that, after such a huge amount of damage and suffering were caused, in
retrospect the president criticizes the AUMF.
While there is much to dissect in his speech, the bottom line is that
President Obama is attempting to respond to criticism of his war on terror
policies while creating a new framework to institutionalize many of these same
policies.
Why
we oppose U.S. and Israeli intervention in Syria
The anti-war movement in the United States has a duty to unequivocally oppose
all forms of intervention by the United States, the other imperialists and their
clients, and to support the right of the Syrian people to determine their own
future
Picket
at the White House demands: Close Guantanamo!
Protesters converged on the White House May 18 for a spirited picket to
support the hunger strikers in the Guantanamo Bay prison and demand the
immediate closure of the facility