Compare How U.S. Responds To The Killing Of American Kids Based On Identity Of The Killers
AP
Last Wednesday in Jerusalem, a three-month-old American baby was killed, and eight other people injured, when a car plowed into a crowded sidewalk; the driver, a 20-year-old Palestinian named Abed a-Rahman a-Shaludi, was killed by police when he tried to flee the scene. The family of the driver insisted it was an accident, but Israeli officials immediately called it a “terrorist act.” Some Israelis speculated that it was in retaliation for the killing in the West Bank of a 5-year-old Palestinian girl days earlier by an Israeli settler who ran his car into her (and another Palestinian girl, seriously injured) and then fled the scene (Palestinian officials denounced that incident as “terrorism”).
Yesterday, a soldier in the Israeli military shot and killed a 14-year-old boy in the West Bank who was participating in a protest against the 5-decade Israeli occupation. The boy, Orwah Hammad (pictured above at his funeral), was a U.S. citizen as well as a Palestinian; he was born in New Orleans and moved with his family to the West Bank when he was 6. The IDF claimed he was throwing rocks at Israeli soldiers and that another man was preparing to throw a Molotov cocktail, and that this justified the live ammunition they fired.
The U.S. State Department issued a statement about the two incidents. Here’s the one it issued about last week’s Jerusalem incident where the Palestinian driver killed the American baby, issued on the very day the incident took place (i.e., prior to any investigation):
Terrorist Attack in JerusalemThe United States condemns in the strongest possible terms today’s terrorist attack in Jerusalem. We express our deepest condolences to the family of the baby, reportedly an American citizen, who was killed in this despicable attack, and extend our prayers for a full recovery to those injured. We urge all sides to maintain calm and avoid escalating tensions in the wake of this incident.
Here’s the markedly different statement the State Department issued last night about the fatal shooting by an Israeli soldier of the 14-year-old American boy:
Death of a U.S. Minor in SilwadThe United States expresses its deepest condolences to the family of a U.S. citizen minor who was killed by the Israeli Defense Forces during clashes in Silwad on October 24. Officials from the U.S. Consulate General in Jerusalem are in contact with the family and are providing all appropriate consular assistance. We call for a speedy and transparent investigation, and will remain closely engaged with the local authorities, who have the lead on this investigation. We continue to urge all parties to help restore calm and avoid escalating tensions in the wake of the tragic recent incidents in Jerusalem and the West Bank.
There is certainly nothing wrong with waiting for the results of an investigation before making definite statements, but that’s not what the State Department did in the Jerusalem incident, which was instantly labelled a “despicable” act of “terror.” Moreover, when the U.S. calls for a “speedy and transparent investigation” of the West Bank shooting, what they mean is that they want the IDF – the occupying force which killed the American teenager – to investigate (and inevitably clear) itself (Rania Khalek today documents how reflexively Israeli authorities clear Israeli settlers and soldiers while instantly finding Palestinians guilty in similar circumstances). As the driver’s family told Israeli media:
A few days ago a Jewish settler knocked over two girls near Ramallah. He killed one and the other is in serious condition. The police immediately said it was a car accident. In our case they said the opposite in seconds. This is because the driver was an Arab driver. When a Jewish driver was involved in an accident the attitude was different and no one shot him.
Whatever else is true, IDF soldiers should not be in the West Bank given that the occupation they are there to enforce is regarded as illegal by virtually the entire world.
Most importantly, the U.S. Government has a remarkable history of exhibiting indifference, or even support, when Israel kills American citizens. The State Department never uttered a peep of protest over the Israeli bulldozer killing in 2003 of peace activist Rachel Corrie, and then implicitly endorsed the killing by Israel of the Turkish-American teenager Furkan Dogan aboard the anti-blockade Mavi Marmara flotilla (in stark contrast to the Turkish government, which – acting as most governments would – was furious that Israel had killed its citizens).
In general, countries become indignant when other nations kill their own citizens. But all of the normal rules are inapplicable when the countries in question are the U.S. and Israel. Thus, when a Palestinian runs his car into an American child, this is instantly declared a “despicable act” of “terrorism” which is condemned in “the strongest possible terms”: no investigation needed. But when an Israeli occupying soldier shoots and kills an American child, the most tepid, nonjudgmental and careful language is used to politely call for an “investigation” by the very occupying military responsible for the killing.
Photo: Majdi Mohammed/AP
Canada, At War For 13 Years, Shocked That ‘A Terrorist’ Attacked Its Soldiers
(updated below – Update II)
TORONTO – In Quebec on Monday, two Canadian soldiers were hit by a car driven by Martin Couture-Rouleau, a 25-year-old Canadian who, as The Globe and Mail reported, “converted to Islam recently and called himself Ahmad Rouleau.” One of the soldiers died, as did Couture-Rouleau when he was shot by police upon apprehension after allegedly brandishing a large knife. Police speculated that the incident was deliberate, alleging the driver waited for two hours before hitting the soldiers, one of whom was wearing a uniform. The incident took place in the parking lot of a shopping mall 30 miles southeast of Montreal, “a few kilometres from the Collège militaire royal de Saint-Jean, the military academy operated by the Department of National Defence.”
The right-wing Canadian government wasted no time in seizing on the incident to promote its fear-mongering agenda over terrorism, which includes pending legislation to vest its intelligence agency, CSIS, with more spying and secrecy powers in the name of fighting ISIS. A government spokesperson asserted “clear indications” that the driver “had become radicalized.”
In a “clearly prearranged exchange,” a conservative MP, during parliamentary question time, asked Prime Minister Stephen Harper (pictured above) whether this was considered a “terrorist attack”; in reply, the prime minister gravely opined that the incident was “obviously extremely troubling.” Canada’s Public Safety Minister Steven Blaney pronounced the incident “clearly linked to terrorist ideology,” while newspapers predictably followed suit, calling it a “suspected terrorist attack” and “homegrown terrorism.” CSIS spokesperson Tahera Mufti said “the event was the violent expression of an extremist ideology promoted by terrorist groups with global followings” and added: “That something like this would happen in a peaceable Canadian community like Saint-Jean-sur-Richelieu shows the long reach of these ideologies.”
In sum, the national mood and discourse in Canada is virtually identical to what prevails in every Western country whenever an incident like this happens: shock and bewilderment that someone would want to bring violence to such a good and innocent country (“a peaceable Canadian community like Saint-Jean-sur-Richelieu”), followed by claims that the incident shows how primitive and savage is the “terrorist ideology” of extremist Muslims, followed by rage and demand for still more actions of militarism and freedom-deprivation. There are two points worth making about this:
First, Canada has spent the last 13 years proclaiming itself a nation at war. It actively participated in the invasion and occupation of Afghanistan and was an enthusiastic partner in some of the most extremist War on Terror abuses perpetrated by the U.S. Earlier this month, the Prime Minister revealed, with the support of a large majority of Canadians, that “Canada is poised to go to war in Iraq, as [he] announced plans in Parliament [] to send CF-18 fighter jets for up to six months to battle Islamic extremists.” Just yesterday, Canadian Defence Minister Rob Nicholson flamboyantly appeared at the airfield in Alberta from which the fighter jets left for Iraq and stood tall as he issued the standard Churchillian war rhetoric about the noble fight against evil.
It is always stunning when a country that has brought violence and military force to numerous countries acts shocked and bewildered when someone brings a tiny fraction of that violence back to that country. Regardless of one’s views on the justifiability of Canada’s lengthy military actions, it’s not the slightest bit surprising or difficult to understand why people who identify with those on the other end of Canadian bombs and bullets would decide to attack the military responsible for that violence.
That’s the nature of war. A country doesn’t get to run around for years wallowing in war glory, invading, rendering and bombing others, without the risk of having violence brought back to it. Rather than being baffling or shocking, that reaction is completely natural and predictable. The only surprising thing about any of it is that it doesn’t happen more often.
The issue here is not justification (very few people would view attacks on soldiers in a shopping mall parking lot to be justified). The issue is causation. Every time one of these attacks occurs — from 9/11 on down — Western governments pretend that it was just some sort of unprovoked, utterly “senseless” act of violence caused by primitive, irrational, savage religious extremism inexplicably aimed at a country innocently minding its own business. They even invent fairy tales to feed to the population to explain why it happens: they hate us for our freedoms.
Those fairy tales are pure deceit. Except in the rarest of cases, the violence has clearly identifiable and easy-to-understand causes: namely, anger over the violence that the country’s government has spent years directing at others. The statements of those accused by the west of terrorism, and even the Pentagon’s own commissioned research, have made conclusively clear what motivates these acts: namely, anger over the violence, abuse and interference by Western countries in that part of the world, with the world’s Muslims overwhelmingly the targets and victims. The very policies of militarism and civil liberties erosions justified in the name of stopping terrorism are actually what fuels terrorism and ensures its endless continuation.
If you want to be a country that spends more than a decade proclaiming itself at war and bringing violence to others, then one should expect that violence will sometimes be directed at you as well. Far from being the by-product of primitive and inscrutable religions, that behavior is the natural reaction of human beings targeted with violence. Anyone who doubts that should review the 13-year orgy of violence the U.S. has unleashed on the world since the 9/11 attack, as well as the decades of violence and interference from the U.S. in that region prior to that.
Second, in what conceivable sense can this incident be called a “terrorist” attack? As I have written many times over the last several years, and as some of the best scholarship proves, “terrorism” is a word utterly devoid of objective or consistent meaning. It is little more than a totally malleable, propagandistic fear-mongering term used by Western governments (and non-Western ones) to justify whatever actions they undertake. As Professor Tomis Kapitan wrote in a brilliant essay in The New York Times on Monday: “Part of the success of this rhetoric traces to the fact that there is no consensus about the meaning of ‘terrorism.’”
But to the extent the term has any common understanding, it includes the deliberate (or wholly reckless) targeting of civilians with violence for political ends. But in this case in Canada, it wasn’t civilians who were targeted. If one believes the government’s accounts of the incident, the driver waited two hours until he saw a soldier in uniform. In other words, he seems to have deliberately avoided attacking civilians, and targeted a soldier instead – a member of a military that is currently fighting a war.
Again, the point isn’t justifiability. There is a compelling argument to make that undeployed soldiers engaged in normal civilian activities at home are not valid targets under the laws of war (although the U.S. and its closest allies use extremely broad and permissive standards for what constitutes legitimate military targets when it comes to their own violence). The point is that targeting soldiers who are part of a military fighting an active war is completely inconsistent with the common usage of the word “terrorism,” and yet it is reflexively applied by government officials and media outlets to this incident in Canada (and others like it in the UK and the US).
That’s because the most common functional definition of “terrorism” in Western discourse is quite clear. At this point, it means little more than: “violence directed at Westerners by Muslims” (when not used to mean “violence by Muslims,” it usually just means: violence the state dislikes). The term “terrorism” has become nothing more than a rhetorical weapon for legitimizing all violence by Western countries, and delegitimizing all violence against them, even when the violence called “terrorism” is clearly intended as retaliation for Western violence.
This is about far more than semantics. It is central to how the west propagandizes its citizenries; the manipulative use of the “terrorism” term lies at heart of that. As Professor Kapitan wrote yesterday in The New York Times:
Even when a definition is agreed upon, the rhetoric of “terror” is applied both selectively and inconsistently. In the mainstream American media, the “terrorist” label is usually reserved for those opposed to the policies of the U.S. and its allies. By contrast, some acts of violence that constitute terrorism under most definitions are not identified as such — for instance, the massacre of over 2000 Palestinian civilians in the Beirut refugee camps in 1982 or the killings of more than 3000 civilians in Nicaragua by “contra” rebels during the 1980s, or the genocide that took the lives of at least a half million Rwandans in 1994. At the opposite end of the spectrum, some actions that do not qualify as terrorism are labeled as such — that would include attacks by Hamas, Hezbollah or ISIS, for instance, against uniformed soldiers on duty.Historically, the rhetoric of terror has been used by those in power not only to sway public opinion, but to direct attention away from their own acts of terror.
At this point, “terrorism” is the term that means nothing, but justifies everything. It is long past time that media outlets begin skeptically questioning its usage by political officials rather than mindlessly parroting it.
Photo: AP/The Canadian Press, Adrian Wyld
UPDATE: Multiple conservative commentators have claimed that this article and my subsequent discussion of it are about this morning’s shooting of a solider in Ottawa. Aside from the fact that what I wrote is expressly about a completely different incident – one that took place in Quebec on Monday – this article and my comments were published before this morning’s shooting spree was reported. So unless someone believes I possess powers of clairvoyance, the claim that I was commenting on the Ottawa shooting – about which virtually nothing is known, including the identity and motive of the shooter(s) – is obviously false.
Then there’s also the extremely predictable accusation that I was justifying the attack on the soldiers. I know from prior experience in discussing these questions that no matter how clear you make it that you are writing about causation and not justification, many will still distort what you write to claim you’ve justified the attack. That’s true even if one makes as clear as the English language permits that you’re not writing about justification: “The issue here is not justification (very few people would view attacks on soldiers in a shopping mall parking lot to be justified). The issue is causation.” If there’s a way to make that any clearer, please let me know.
One more time: the difference between “causation” and “justification” is so obvious that it should require no explanation. If one observes that someone who smokes four packs of cigarettes a day can expect to develop emphysema, that’s an observation about causation, not a celebration of the person’s illness. Only a willful desire to distort, or some deep confusion, can account for a failure to process this most basic point.
UPDATE II: In that brilliant essay I referenced above, published just three days ago in The New York Times, Professor Tomis Kapitan made this point:
Obviously, to point out the causes and objectives of particular terrorist actions is to imply nothing about their legitimacy — that is an independent matter….
That point is so simple and, as he said, “obvious” that I have a hard time understanding what could account for some commentators conflating the two other than a willful desire to mislead.
What ‘Democracy’ Really Means in U.S. and New York Times Jargon: Latin America Edition
Dean Mouhtaropoulos
One of the most accidentally revealing media accounts highlighting the real meaning of “democracy” in U.S. discourse is a still-remarkable 2002 New York Times Editorial on the U.S.-backed military coup in Venezuela, which temporarily removed that country’s democratically elected (and very popular) president, Hugo Chávez. Rather than describe that coup as what it was by definition - a direct attack on democracy by a foreign power and domestic military which disliked the popularly elected president – the Times, in the most Orwellian fashion imaginable, literally celebrated the coup as a victory for democracy:
With yesterday’s resignation of President Hugo Chávez, Venezuelan democracy is no longer threatened by a would-be dictator. Mr. Chávez, a ruinous demagogue, stepped down after the military intervened and handed power to a respected business leader, Pedro Carmona.
Thankfully, said the NYT, democracy in Venezuela was no longer in danger . . . because the democratically-elected leader was forcibly removed by the military and replaced by an unelected, pro-U.S. “business leader.” The Champions of Democracy at the NYT then demanded a ruler more to their liking: “Venezuela urgently needs a leader with a strong democratic mandate to clean up the mess, encourage entrepreneurial freedom and slim down and professionalize the bureaucracy.”
More amazingly still, the Times editors told their readers that Chávez’s “removal was a purely Venezuelan affair,” even though it was quickly and predictably revealed that neocon officials in the Bush administration played a central role. Eleven years later, upon Chávez’s death, the Times editors admitted that “the Bush administration badly damaged Washington’s reputation throughout Latin America when it unwisely blessed a failed 2002 military coup attempt against Mr. Chávez” [the paper forgot to mention that it, too, blessed (and misled its readers about) that coup]. The editors then also acknowledged the rather significant facts that Chávez’s “redistributionist policies brought better living conditions to millions of poor Venezuelans” and “there is no denying his popularity among Venezuela’s impoverished majority.”
If you think The New York Times editorial page has learned any lessons from that debacle, you’d be mistaken. Today they published an editorial expressing grave concern about the state of democracy in Latin America generally and Bolivia specifically. The proximate cause of this concern? The overwhelming election victory of Bolivian President Evo Morales (pictured above), who, as The Guardian put it, “is widely popular at home for a pragmatic economic stewardship that spread Bolivia’s natural gas and mineral wealth among the masses.”
The Times editors nonetheless see Morales’ election to a third term not as a vindication of democracy but as a threat to it, linking his election victory to the way in which “the strength of democratic values in the region has been undermined in past years by coups and electoral irregularities.” Even as they admit that “it is easy to see why many Bolivians would want to see Mr. Morales, the country’s first president with indigenous roots, remain at the helm” – because “during his tenure, the economy of the country, one of the least developed in the hemisphere, grew at a healthy rate, the level of inequality shrank and the number of people living in poverty dropped significantly” - they nonetheless chide Bolivia’s neighbors for endorsing his ongoing rule: “it is troubling that the stronger democracies in Latin America seem happy to condone it.”
The Editors depict their concern as grounded in the lengthy tenure of Morales as well as the democratically elected leaders of Ecuador and Venezuela: “perhaps the most disquieting trend is that protégés of Mr. Chávez seem inclined to emulate his reluctance to cede power.” But the real reason the NYT so vehemently dislikes these elected leaders and ironically views them as threats to “democracy” becomes crystal clear toward the end of the editorial (emphasis added):
This regional dynamic has been dismal for Washington’s influence in the region. In Venezuela, Bolivia and Ecuador, the new generation of caudillos [sic] have staked out anti-American policies and limited the scope of engagement on development, military cooperation and drug enforcement efforts. This has damaged the prospects for trade and security cooperation.
You can’t get much more blatant than that. The democratically elected leaders of these sovereign countries fail to submit to U.S. dictates, impede American imperialism, and subvert U.S. industry’s neoliberal designs on the region’s resources. Therefore, despite how popular they are with their own citizens and how much they’ve improved the lives of millions of their nations’ long-oppressed and impoverished minorities, they are depicted as grave threats to “democracy.”
It is, of course, true that democratically elected leaders are capable of authoritarian measures. It is, for instance, democratically elected U.S. leaders who imprison people without charges for years, build secret domestic spying systems, and even assert the power to assassinate their own citizens without due process. Elections are no guarantee against tyranny. There are legitimate criticisms to be made of each of these leaders with regard to domestic measures and civic freedoms, as there is for virtually every government on the planet.
But the very idea that the U.S. government and its media allies are motivated by those flaws is nothing short of laughable. Many of the U.S. government’s closest allies are the world’s worst regimes, beginning with the uniquely oppressive Saudi kingdom (which just yesterday sentenced a popular Shiite dissident to death) and the brutal military coup regime in Egypt, which, as my colleague Murtaza Hussain reports today, gets more popular in Washington as it becomes even more oppressive. And, of course, the U.S. supports Israel in every way imaginable even as its Secretary of State expressly recognizes the “apartheid” nature of its policy path.
Just as the NYT did with the Venezuelan coup regime of 2002, the U.S. government hails the Egyptian coup regime as saviors of democracy. That’s because “democracy” in U.S. discourse means: “serving U.S. interests” and “obeying U.S. dictates,” regardless how how the leaders gain and maintain power. Conversely, “tyranny” means “opposing the U.S. agenda” and “refusing U.S. commands,” no matter how fair and free the elections are that empower the government. The most tyrannical regimes are celebrated as long as they remain subservient, while the most popular and democratic governments are condemned as despots to the extent that they exercise independence.
To see how true that is, just imagine the orgies of denunciation that would rain down if a U.S. adversary (say, Iran, or Venezuela) rather than a key U.S. ally like Saudi Arabia had just sentenced a popular dissident to death. Instead, the NYT just weeks ago uncritically quotes an Emirates ambassador lauding Saudi Arabia as one of the region’s “moderate” allies because of its service to the U.S. bombing campaign in Syria. Meanwhile, the very popular, democratically elected leader of Bolivia is a grave menace to democratic values – because he’s “dismal for Washington’s influence in the region.”
Photo: Dean Mouhtaropoulos/Getty Images
New Zealand Cops Raided Home of Reporter Working on Snowden Documents
Agents from New Zealand’s national police force ransacked the home of a prominent independent journalist earlier this month who was collaborating with The Intercept on stories from the NSA archive furnished by Edward Snowden. The stated purpose of the 10-hour police raid was to identify the source for allegations that the reporter, Nicky Hager, recently published in a book that caused a major political firestorm and led to the resignation of a top government minister.
But in seizing all the paper files and electronic devices in Hager’s home, the authorities may have also taken source material concerning other unrelated stories that Hager was pursuing. Recognizing the severity of the threat posed to press freedoms from this raid, the Freedom of the Press Foundation today announced a global campaign to raise funds for Hager’s legal defense.
In August, one month before New Zealand’s national election, Hager published Dirty Politics, which showed that key figures in Prime Minister John Key’s National Party were feeding derogatory information about their opponents to a virulent right-wing blogger named Cameron Slater. Hager published evidence in the form of incriminating emails, provided by a hacker, demonstrating coordination between National Party officials and Slater. The ensuing scandal forced the resignation of a top Key ally, Justice Minister Judith Collins, and implicated numerous other National Party officials and supporters. Despite the scandal, the National Party won a resounding victory in the election, sending Key to a third term as prime minister.
On October 2—less than two weeks after the election—detectives from a regional “major crime team” came to Hager’s Wellington home armed with a search warrant authorizing them to seize anything that might lead them to the identity of his source for Dirty Politics. The warrant shows that prior to the raid, a police “intelligence analyst” had studied Hager’s media appearances in an effort to discover information about his sources for the book, taking particular note of references Hager made to knowing the source’s identity.
While there is no evidence that Hager’s work on NSA documents was a factor in the raid, it is possible that authorities knew or suspected that he had been given access to some of those documents. Over the past several months, Hager has exchanged multiple encrypted emails with reporters at The Intercept which, if obtained by New Zealand authorities under a warrant, could have tipped them off to the existence of a relationship. When The Intercept reported last month on the activities of the nation’s surveillance agency GCSB, we made clear that we were working with local journalists on further stories, and it was widely speculated that Hager was the likeliest local candidate for such a partnership. At the time, Key expressed concern that future stories from the Snowden archive could jeopardize the country’s bid for a seat on the U.N. Security Council.
Whether or not Hager’s work with The Intercept may have partially motivated the raid, the situation underscores the dangers of using invasive law enforcement tactics against reporters—they impede the reporting process, render source relationships very difficult to protect, and offer the very authorities that reporters are attempting to hold accountable a window into their ongoing reporting. (The Intercept‘s collaboration with Hager will proceed.)
The raid at Hager’s home took place while he was out of town, visiting the University of Auckland to give a series of lectures. Six officers arrived at his home at 7:45 a.m., waking his 22-year-old daughter, who was presented with a search warrant as she answered the door.
Once they entered the property, detectives spent ten hours sifting through Hager and his family’s personal effects, making copies of any USB storage devices they found and seizing Hager’s computer, personal documents, a camera, a dictaphone, CDs, and dozens of other items—not to mention his daughter’s laptop, cellphones, and iPod.
“This was an unusually heavy action for New Zealand police to take against someone in the media,” Hager told The Intercept. “Occasionally police use a warrant to go after a particular piece of evidence held by a media person or organization. But hours of sifting through someone’s files and seizing piles of their materials does not normally occur. It has a strong smell of politics about it.”
Hager, New Zealand’s most well known independent reporter, emphasized the potential damage the raid could have on work that is wholly unrelated to Dirty Politics: “It is disruptive to anyone’s work to suddenly not have their computers and especially an investigative journalist’s work. There is now also the legal battle to get my equipment and files back untouched. There is no choice about fighting it. I have to protect this and other sources for life or why should anyone ever trust me again?”
The New Zealand Police did not immediately respond to email request seeking comment. Hager is challenging the legality of the warrant in court, and the property that was seized remains sealed and unavailable to the police for the time being.
Although he is being represented by pro bono counsel, Hager has already incurred legal expenses reaching into the thousands of dollars, and New Zealand’s “loser pays” provision could subject him to a very large monetary judgment if he loses. The Freedom of the Press Foundation campaign to raise money for Hager is intended to help him fight for the return of his property, challenge the legality of the raid, and defend himself against any potential future threats stemming from his work as a journalist. (The Intercept‘s Glenn Greenwald and Laura Poitras are co-founders of the foundation and, along with Edward Snowden and Intercept technology analyst Micah Lee, are also board members; in May, The Intercept‘s parent company First Look Media donated $350,000 to the foundation.)
Press freedoms are under increasing assault in the English-speaking world—there have been similar controversies in the other Five Eyes alliance nations of the U.S., the U.K., Australia, and Canada—and the ability of New Zealand police officers to cavalierly raid the home of a reporter who has criticized the government in power threatens to establish a dangerous precedent everywhere reporters operate. A successful campaign on Hager’s behalf would signal that people around the world are willing to defend basic press freedoms and stand against such assaults. Those wishing to do so can contribute to Hager’s defense fund here.
Update: In an emailed statement to The Intercept on Friday, New Zealand Police spokesman Ross Henderson denied that officers were aware Hager was working with leaked U.S. government documents. Henderson insisted that the raid was aimed at seeking information related to the source for Dirty Politics, and added that the police force “has a duty to appropriately investigate matters involving alleged criminal activity, regardless of a person’s occupation or position, and Mr. Hager is no exception.” Whether Hager’s material is covered by a law in New Zealand that protects a reporter’s right to keep his sources confidential, Henderson said, depends on whether Hager “meets the legal definition of a journalist” which “is now a matter for the court to rule on.”
Photo: AP/Mark Mitchell/New Zealand Herald
UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights
The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded.
Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.”
In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty.
Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”
The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.”
The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ”
But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”
Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.”
About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.”
The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.”
While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added):
The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.”
The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.”
The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
Photo: Trevor Paglen
Edward Snowden’s Girlfriend, Lindsay Mills, Moved to Moscow to Live with Him
CITIZENFOUR, the new film by Intercept co-founding editor Laura Poitras, premiered this evening at the New York Film Festival, and will be in theaters around the country beginning October 24. Using all first-hand, real-time footage, it chronicles the extraordinary odyssey of Edward Snowden in Hong Kong while he worked with journalists, as well the aftermath of the disclosures for the NSA whistleblower himself and for countries and governments around the world.
The film provides the first-ever character study of Snowden and his courageous whistleblowing, contains significant new revelations about all of these events, and will undoubtedly be discussed for years to come. But one seemingly banal — yet actually quite significant — revelation from the film is worth separately highlighting: In July of this year, Snowden’s long-time girlfriend, Lindsay Mills, moved to Moscow to live with him.
Vital to the U.S. government and its assorted loyalists in the commentariat is to depict whistleblowers as destined to live miserable lives. That’s the key to their attempt to deter unwanted disclosure: the message that doing so will result in the full-scale destruction of one’s life. That’s what explains the grotesquely severe mistreatment and 35-year prison term for Chelsea Manning, as well as the repeated, gleeful predictions that Snowden will “end up like Kim Philby,” the British defector to the Soviet Union who, it is claimed, died a premature death from alcoholism, solitude and all-around deprivation.
The reality is that none of that has ever applied to Edward Snowden. Particularly when compared to what he expected his life to be upon deciding to embark on the whistleblowing path — decades of imprisonment in the harsh American penal state, if not worse — his post-Hong Kong life has been fulfilling and rewarding. He speaks, and writes, and is interviewed, and has become an important voice in the global debate he triggered.
But the fact that he is now living in domestic bliss as well, with his long-term girlfriend whom he loves, should forever put to rest the absurd campaign to depict his life as grim and dank. Snowden not only changed how the world thinks about a number of profoundly important political issues by defying its most powerful government, but then was able to build a happy, healthy and fulfilling life for himself. And if he can do that, so can other whistleblowers, which is precisely why so much effort has been devoted to depicting him in all sorts of false lights. What Poitras’ film does is let people judge Snowden for themselves, and that’s one of the aspects that makes it so important and powerful.
Photo: The Guardian/Getty Images
Key Democrats, Led by Hillary Clinton, Leave No doubt that Endless War is Official U.S. Doctrine
Long before Americans were introduced to the new 9/11 era super-villains called ISIS and Khorasan, senior Obama officials were openly and explicitly stating that America’s “war on terror,” already 12 years old, would last at least another decade. At first, they injected these decrees only anonymously; in late 2012, The Washington Post - disclosing the administration’s secret creation of a “disposition matrix” to decide who should be killed, imprisoned without charges, or otherwise “disposed” of - reported these remarkable facts:
Among senior Obama administration officials, there is a broad consensus that such operations are likely to be extended at least another decade. Given the way al-Qaida continues to metastasize, some officials said no clear end is in sight. . . . That timeline suggests that the United States has reached only the midpoint of what was once known as the global war on terrorism.”
In May, 2013, the Senate Armed Services Committee held a hearing on whether it should revise the 2001 Authorization to Use Military Force (AUMF). A committee member asked a senior Pentagon official, Assistant Secretary Michael Sheehan, how long the war on terror would last; his reply: “At least 10 to 20 years.” At least. A Pentagon spokesperson confirmed afterward “that Sheehan meant the conflict is likely to last 10 to 20 more years from today — atop the 12 years that the conflict has already lasted.” As Spencer Ackerman put it: “Welcome to America’s Thirty Years War,” one which – by the Obama administration’s own reasoning – has “no geographic limit.”
Listening to all this, Maine’s independent Sen. Angus King said: “This is the most astounding and most astoundingly disturbing hearing that I’ve been to since I’ve been here. You guys have essentially rewritten the Constitution today.” Former Bush DOJ lawyer Jack Goldsmith – himself an ardent advocate of broad presidential powers – was at the hearing and noted that nobody even knows against whom this endless war is being waged: “Amazingly, there is a very large question even in the Armed Services Committee about who the United States is at war against and where, and how those determinations are made.”
All of that received remarkably little attention given its obvious significance. But any doubts about whether Endless War – literally – is official American doctrine should be permanently erased by this week’s comments from two leading Democrats, both former top national security officials in the Obama administration, one of whom is likely to be the next American president.
Leon Panetta, the long-time Democratic Party operative who served as Obama’s Defense Secretary and CIA Director, said this week of Obama’s new bombing campaign: “I think we’re looking at kind of a 30-year war.” Only in America are new 30-year wars spoken of so casually, the way other countries speak of weather changes. He added that the war “will have to extend beyond Islamic State to include emerging threats in Nigeria, Somalia, Yemen, Libya and elsewhere.” And elsewhere: not just a new decades-long war with no temporal limits, but no geographic ones either. He criticized Obama – who has bombed 7 predominantly Muslim countries plus the Muslim minority in the Phillipines (almost double the number of countries Bush bombed) – for being insufficiently militaristic, despite the fact that Obama officials themselves have already instructed the public to think of The New War “in terms of years.”
Then we have Hillary Clinton (whom Panetta gushed would make a “great” president). At an event in Ottawa yesterday, she proclaimed that the fight against these “militants” will “be a long-term struggle” that should entail an “information war” as “well as an air war.” The new war, she said, is “essential” and the U.S. shies away from fighting it “at our peril.” Like Panetta (and most establishment Republicans), Clinton made clear in her book that virtually all of her disagreements with Obama’s foreign policy were the by-product of her view of Obama as insufficiently hawkish, militaristic and confrontational.
At this point, it is literally inconceivable to imagine the U.S. not at war. It would be shocking if that happened in our lifetime. U.S. officials are now all but openly saying this. “Endless War” is not dramatic rhetorical license but a precise description of America’s foreign policy.
It’s not hard to see why. A state of endless war justifies ever-increasing state power and secrecy and a further erosion of rights. It also entails a massive transfer of public wealth to the “homeland security” and weapons industry (which the US media deceptively calls the “defense sector”).
Just yesterday, Bloomberg reported: “Led by Lockheed Martin Group (LTM), the biggest U.S. defense companies are trading at record prices as shareholders reap rewards from escalating military conflicts around the world.” Particularly exciting is that “investors see rising sales for makers of missiles, drones and other weapons as the U.S. hits Islamic State fighters in Syria and Iraq”; moreover, “the U.S. also is the biggest foreign military supplier to Israel, which waged a 50-day offensive against the Hamas Islamic movement in the Gaza Strip.” ISIS is using U.S.-made ammunition and weapons, which means U.S. weapons companies get to supply all sides of The New Endless War; can you blame investors for being so giddy?
I vividly recall how, in the wake of Osama bin Laden’s killing, Obama partisans triumphantly declared that this would finally usher in the winding down of the War on Terror. On one superficial level, that view was understandable: it made sense if one assumes that the U.S. has been waging this war for its stated reasons and that it hopes to vanquish The Enemy and end the war.
But that is not, and never was, the purpose of the War on Terror. It was designed from the start to be endless. Both Bush and Obama officials have explicitly said that the war will last at least a generation. The nature of the “war,” and the theories that have accompanied it, is that it has no discernible enemy and no identifiable limits. More significantly, this “war” fuels itself, provides its own inexhaustible purpose, as it is precisely the policies justified in the name of Stopping Terrorism that actually ensure its spread (note how Panetta said the new U.S. war would have to include Libya, presumably to fight against those empowered by the last U.S. war there just 3 years ago).
This war – in all its ever-changing permutations – thus enables an endless supply of power and profit to flow to those political and economic factions that control the government regardless of election outcomes. And that’s all independent of the vicarious sense of joy, purpose and fulfillment which the sociopathic Washington class derives from waging risk-free wars, as Adam Smith so perfectly described in Wealth of Nations 235 years ago:
In great empires the people who live in the capital, and in the provinces remote from the scene of action, feel, many of them, scarce any inconveniency from the war; but enjoy, at their ease, the amusement of reading in the newspapers the exploits of their own fleets and armies. To them this amusement compensates the small difference between the taxes which they pay on account of the war, and those which they had been accustomed to pay in time of peace. They are commonly dissatisfied with the return of peace, which puts an end to their amusement, and to a thousand visionary hopes of conquest and national glory from a longer continuance of the war.
The last thing the Washington political class and the economic elites who control it want is for this war to end. Anyone who doubts that should just look at the express statements from these leading Democrats, who wasted no time at all seizing on the latest Bad Guys to justify literally decades more of this profiteering and war-making.
Photo: Michael Loccisano/Getty Images
After Feigning Love for Egyptian Democracy, U.S. Back To Openly Supporting Tyranny
It is, of course, very difficult to choose the single most extreme episode of misleading American media propaganda, but if forced to do so, coverage of the February, 2011 Tahrir Square demonstrations in Egypt would be an excellent candidate. For weeks, U.S. media outlets openly positioned themselves on the side of the demonstrators, depicting the upheaval as a Manichean battle between the evil despot Hosni Mubarak’s “three decades of iron rule” and the hordes of ordinary, oppressed Egyptians inspirationally yearning for American-style freedom and democracy.
Almost completely missing from this feel-good morality play was the terribly unpleasant fact that Mubarak was one of the U.S. Government’s longest and closest allies and that his “three decades of iron rule” — featuring murder, torture and indefinite detention for dissidents — were enabled in multiple ways by American support.
Throughout Mubarak’s rule, the U.S. fed his regime an average of $2 billion each year, most of which was military aid. The tear gas cannisters shot at protesters by Mubarak’s police bore “Made in U.S.A.” labels. A 2009 diplomatic cable published by WikiLeaks noted that “Egyptian democracy and human rights efforts … are being stymied” but described the benefits received by U.S. from support for the regime: “Egypt remains at peace with Israel, and the U.S. military enjoys priority access to the Suez Canal and Egyptian airspace.” Another 2009 cable put it more bluntly: “the Egyptians appear more willing to confront the Iranian surrogates and to work closely with Israel.”
That same year, Hillary Clinton pronounced: “I really consider President and Mrs. Mubarak to be friends of my family.” Another WikiLeaks cable, anticipating the first meeting between Obama and Mubarak in 2009, emphasized that “the Administration wants to restore the sense of warmth that has traditionally characterized the U.S.-Egyptian partnership” and that “the Egyptians want the visit to demonstrate that Egypt remains America’s ‘indispensible [sic] Arab ally.’” The cable dryly noted that “[intelligence] Chief Omar Soliman and Interior Minister al-Adly keep the domestic beasts at bay, and Mubarak is not one to lose sleep over their tactics.” The Obama administration supported Mubarak right up to the point where his demise was inevitable, and even then, plotted to replace him with Soliman: an equally loyal and even more brutal autocrat, most appreciated in Washington circles for helpfully torturing people on behalf of the Americans.
During the gushing coverage of the Tahrir protests, Americans were told almost none of this (just as most Arab Spring coverage generally omitted long-standing U.S. support for most of the targeted tyrants in the region). Instead, they were led to believe that the U.S. political class was squarely on the side of democracy and freedom in Egypt, heralding Obama’s statement that Egyptians have made clear that “nothing less than genuine democracy will carry the day.”
That pro-democracy script is long forgotten, as though it never existed. The U.S. political and media class are right back to openly supporting military autocracy in Egypt as enthusiastically as they supported the Mubarak regime. Gen. Abdel Fattah al-Sisi, who last year led the military coup against the democratically elected Egyptian government of the Muslim Brotherhood, is now a Washington favorite, despite (or because of) his merciless killing and imprisonment of dissidents, including Al Jazeera journalists. In June, Human Rights Watch noted the post-coup era has included the “worst incident of mass unlawful killings in Egypt’s recent history” and that “judicial authorities have handed down unprecedented large-scale death sentences and security forces have carried out mass arrests and torture that harken back to the darkest days of former President Hosni Mubarak’s rule.” The group documented just last week:
Egyptian authorities have, by their own count, detained 22,000 people since the July 2013 military-backed ouster of the democratically elected president, Mohamed Morsy. The broad arrest sweep has caught up many people who were peacefully expressing political opposition to Morsy’s overthrow and to the al-Sisi government. The actual number of arrests is probably higher. . . . There are credible accounts that a large number of detainees are being held incommunicado in military facilities, and that dozens have died in custody under circumstances of mistreatment or negligence that warrant investigation.
None of that has deterred U.S. support for the coup leaders. Months after the coup, Secretary of State John Kerry visited Cairo and praised the military regime, actions The New York Times said “reflected the Obama administration’s determination to work with a military leadership that ruthlessly put down protesters from the Muslim Brotherhood.” In July of this year, the U.S. released $550 million to the regime. In August, Kerry seemed to praise the coup itself; as The New York Times put it: he “offered an unexpected lift to Egypt’s military leaders . . . saying they had been ‘restoring democracy’ when they deposed the country’s first freely elected president, Mohamed Morsi.” In mid-September, the Pentagon announced “that the U.S. plans to deliver 10 AH-64 Apache helicopters to Egypt.”
That was the background for Sisi’s meeting with Bill and Hillary Clinton in New York last week (pictured above). He also met with U.S. business leaders and the Chamber of Commerce, as well as former Secretaries of State Henry Kissinger and Madeleine Albright. Sisi then met with Obama himself (photo below), where the U.S. President “touted the longstanding relationship between the United States and Egypt as a cornerstone of American security policy in the Middle East.”
Perhaps nothing demonstrates the U.S. commitment to autocracy in Egypt as vividly as the new, coordinated attack in U.S. media and political circles on former U.S. darling Qatar. As The Intercept reported last week, much of that anti-Qatar campaign is driven by Israeli (along with Saudi, UAE and American neocon) anger over Doha’s alleged support for Hamas. But at least as significant is Qatar’s support for the Muslim Brotherhood, the party that won the post-Mubarak election; that has put Doha squarely at odds with the Saudis, the Emirates, and the U.S., all of whom strongly support the military coup. A widely cited anti-Qatar article this week in Foreign Policy — entitled “The Case Against Qatar” — made this division clear:
For years, U.S. officials have been willing to shrug off Doha’s proxy network — or even take advantage of it from time to time. Qatar’s neighbors, however, have not. Over the past year, fellow Gulf countries Saudi Arabia, the United Arab Emirates, and Bahrain have publicly rebuked Qatar for its support of political Islamists across the region. These countries have threatened to close land borders or suspend Qatar’s membership in the regional Gulf Cooperation Council unless the country backs down. After nearly a year of pressure, the first sign of a Qatari concession came on Sept. 13, when seven senior Egyptian Muslim Brotherhood figures left Doha at the request of the Qatari government. . . .Qatar’s Arab Spring strategy began to fail in the same place it was conceived, amid the masses of protesters in Cairo’s Tahrir Square. On July 3, 2013, demonstrators cheered on the Egyptian military’s ouster of Islamist leader Mohamed Morsi, whose government Qatar had backed to the tune of $5 billion. Within days, Saudi Arabia, the UAE, and Kuwait welcomed the new military-backed government with combined pledges of $13 billion in aid.
In what universe is it morally preferable to support the Egyptian military coup regime (US/Saudi/UAE) rather than the democratically elected faction (Qatar)? That Qatar is now depicted in D.C. foreign policy circles as the Bad Actors in Cairo, while the UAE and the Saudis are the Good and Responsible Parties for Stability, underscores how deeply committed Washington is to Egyptian despotism.
That is not a new development. The Obama administration has long viewed Egypt and the Saudis as the “moderates” in the region. The 2009 cable preparing for Mubarak’s visit put it this way: “The ongoing intra-Arab dispute, which pits Egypt and Saudi Arabia against Syria and Qatar and is primarily driven by Iran’s regional influence, is the current test for Mubarak. For the moment the Egyptian-Saudi moderate camp is holding.”
The U.S. has long been devoted to tyranny in the region precisely to ensure that the widespread views of the public — which overwhelmingly view the U.S. and Israel as the greatest threats to peace — remain suppressed by U.S.-loyal tyrants. That’s what made the U.S. media coverage of the Arab Spring generally and Tarhir specifically such an astounding feat of propaganda: it successfully let Americans feel good about cheering for democracy in the region while ignoring their government’s central role in suppressing it for decades. The way the U.S. political class so seamlessly and shamelessly shifted from pretending to support democracy in Egypt to reverting back to its decades-long pro-tyranny posture is equally impressive.
Correction: This post originally gave an incorrect month for when the Department of Defense announced it would deliver Apache helicopters to Egypt. The announcement was in September. Oct. 6 11:30 am ET.
Photos: Clintons with Sisi: Anadolu Agency/Getty Images; Obama with Sisi: Anthony Behar-Pool/Getty Images
UK Drops Charges Against the War Critic It Jailed for Seven Months
Former Guantanamo detainee and War on Terror critic Moazzam Begg, who was arrested on dubious terror charges in February, is once again free. Earlier today, British authorities announced that charges against Begg had been dropped in full, and that he would shortly be released from Belmarsh Prison in London.
In a press statement regarding his release, West Midlands police said that:
New material has recently been disclosed to police and CPS, which has a significant impact on key pieces of evidence that underpinned the prosecution’s case….I understand this is going to raise many questions. However, explaining what this newly revealed information is would mean discussing other aspects of the case which would be unfair and inappropriate as they are no longer going to be tested in court.
Begg had been jailed for the last seven months on allegations that he had attended a terrorist training camp during a 2012 visit to Syria. He has maintained that his visits were part of an investigation into Britain government involvement in the torture and rendition of War on Terror detainees, an investigation which was being conducted under the aegis of his detainee advocacy organization CAGE UK. As reported previously by The Intercept, far from being clandestine, Begg’s trip to Syria had in fact been conducted with the full knowledge and permission of MI5. Despite this, over a year after he came home from Syria, he found himself suddenly detained on allegations that he had engaged in terrorist activities while in the country.
From the start, it was clear that Begg’s arrest by British authorities was motivated by the government’s dislike for his advocacy rather than any actual criminality. As we wrote back in February when reporting on Begg’s arrest:
Begg has long been a vituperative critic of the British government’s conduct during the War on Terror but throughout this time he has always been a public figure under constant media and government scrutiny. The notion that he’d be able to engage in terrorism surreptitiously on a trip sanctioned by MI5 — then hide this for over a year — seems dubious in the extreme.
In the weeks before his arrest, Begg wrote that he had suffered escalating harassment from British authorities, something which he claimed was due to his “investigations and assertions based on hard evidence that British governments, past and present, have been wilfully complicit in torture.” In a cryptic Facebook post he wrote shortly before his arrest he would say: “Sometimes knowing too much can be a curse.”
In a statement to The Intercept, a spokesperson for CAGE said of the decision today:
This the second time in his life in which Moazzam has been denied his freedom without trial by a Western government. There has never been any evidence to back up the allegations against him, yet he has repeatedly been denied his basic rights as a British citizen. We believe the decision to drop the charges against him today is based on a desire to avoid the embarrassment of a trial where the weakness of the case would have been publicly exposed. Nonetheless, we are elated at the news of his release and the restoration his freedom.
Coupled with the time he endured under detention at Bagram airfield and Guantanamo Bay, Begg has now spent over three and a half years of his life behind bars, all without being convicted of anything. No allegation against him has ever been tried in court, and until recently no attempt has ever been made to even charge him. Nonetheless, he has been subject to repeated detention, harassment, and allegedly physical abuse.
While the release of Begg today is undoubtedly a positive development, the facts of his detention and continued persecution remain troubling. As one of the most prominent critics of the conduct of the War on Terror – particularly government complicity in torture and other serious human rights abuses – Begg has become a prime target for official scrutiny. His arrest and detention corresponds to a broader pattern of suppression of dissent during wartime, especially among Muslim populations living in Western countries.
Photo: Bruno Vincent/Getty Images
The Fake Terror Threat Used To Justify Bombing Syria
As the Obama Administration prepared to bomb Syria without congressional or U.N. authorization, it faced two problems. The first was the difficulty of sustaining public support for a new years-long war against ISIS, a group that clearly posed no imminent threat to the “homeland.” A second was the lack of legal justification for launching a new bombing campaign with no viable claim of self-defense or U.N. approval.
The solution to both problems was found in the wholesale concoction of a brand new terror threat that was branded “The Khorasan Group.” After spending weeks depicting ISIS as an unprecedented threat — too radical even for Al Qaeda! — administration officials suddenly began spoon-feeding their favorite media organizations and national security journalists tales of a secret group that was even scarier and more threatening than ISIS, one that posed a direct and immediate threat to the American Homeland. Seemingly out of nowhere, a new terror group was created in media lore.
The unveiling of this new group was performed in a September 13 article by the Associated Press, who cited unnamed U.S. officials to warn of this new shadowy, worse-than-ISIS terror group:
While the Islamic State group [ISIS] is getting the most attention now, another band of extremists in Syria — a mix of hardened jihadis from Afghanistan, Yemen, Syria and Europe — poses a more direct and imminent threat to the United States, working with Yemeni bomb-makers to target U.S. aviation, American officials say.At the center is a cell known as the Khorasan group, a cadre of veteran al-Qaida fighters from Afghanistan and Pakistan who traveled to Syria to link up with the al-Qaida affiliate there, the Nusra Front.But the Khorasan militants did not go to Syria principally to fight the government of President Bashar Assad, U.S. officials say. Instead, they were sent by al-Qaida leader Ayman al-Zawahiri to recruit Europeans and Americans whose passports allow them to board a U.S.-bound airliner with less scrutiny from security officials.
AP warned Americans that “the fear is that the Khorasan militants will provide these sophisticated explosives to their Western recruits who could sneak them onto U.S.-bound flights.” It explained that although ISIS has received most of the attention, the Khorasan Group “is considered the more immediate threat.”
The genesis of the name was itself scary: “Khorasan refers to a province under the Islamic caliphate, or religious empire, of old that included parts of Afghanistan.” AP depicted the U.S. officials who were feeding them the narrative as engaging in some sort of act of brave, unauthorized truth-telling: “Many U.S. officials interviewed for this story would not be quoted by name talking about what they said was highly classified intelligence.”
On the morning of September 18, CBS News broadcast a segment that is as pure war propaganda as it gets: directly linking the soon-to-arrive U.S. bombing campaign in Syria to the need to protect Americans from being exploded in civilian jets by Khorasan. With ominous voice tones, the host narrated:
This morning we are learning of a new and growing terror threat coming out of Syria. It’s an Al Qaeda cell you probably never heard of. Nearly everything about them is classified. Bob Orr is in Washington with new information on a group some consider more dangerous than ISIS.
Orr then announced that while ISIS is “dominating headlines and terrorist propaganda,” Orr’s “sources” warn of “a more immediate threat to the U.S. Homeland.” As Orr spoke, CBS flashed alternating video showing scary Muslims in Syria and innocent westerners waiting in line at airports, as he intoned that U.S. officials have ordered “enhanced screening” for “hidden explosives.” This is all coming, Orr explained, from “an emerging threat in Syria” where “hardened terrorists” are building “hard to detect bombs.”
The U.S. government, Orr explained, is trying to keep this all a secret; they won’t even mention the group’s name in public out of security concerns! But Orr was there to reveal the truth, as his “sources confirm the Al Qaeda cell goes by the name Khorasan.” And they’re “developing fresh plots to attack U.S. aviation.”
Later that day, Obama administration officials began publicly touting the group, when Director of National Intelligence James Clapper warned starkly: “In terms of threat to the homeland, Khorasan may pose as much of a danger as the Islamic State.” Then followed an avalanche of uncritical media reports detailing this Supreme Threat, excitingly citing anonymous officials as though they had uncovered a big secret the government was trying to conceal.
On September 20, The New York Times devoted a long article to strongly hyping the Khorasan Group. Headlined “U.S. Suspects More Direct Threats Beyond ISIS,” the article began by announcing that U.S. officials believe a different group other than ISIS “posed a more direct threat to America and Europe.” Specifically:
American officials said that the group called Khorasan had emerged in the past year as the cell in Syria that may be the most intent on hitting the United States or its installations overseas with a terror attack. The officials said that the group is led by Muhsin al-Fadhli, a senior Qaeda operative who, according to the State Department, was so close to Bin Laden that he was among a small group of people who knew about the Sept. 11, 2001, attacks before they were launched.
Again, the threat they posed reached all the way to the U.S.: “Members of the cell are said to be particularly interested in devising terror plots using concealed explosives.”
This Khorasan-attacking-Americans alarm spread quickly and explosively in the landscape of U.S. national security reporting. The Daily Beast‘s Eli Lake warned on September 23 — the day after the first U.S. bombs fell in Syria — that “American analysts had pieced together detailed information on a pending attack from an outfit that informally called itself ‘the Khorasan Group’ to use hard-to-detect explosives on American and European airliners.” He added even more ominously: “The planning from the Khorasan Group … suggests at least an aspiration to launch more-coordinated and larger attacks on the West in the style of the 9/11 attacks from 2001″ (days later, Lake, along with Josh Rogin, actually claimed that “Iran has long been harboring senior al Qaeda, al Nusra, and so-called Khorasan Group leaders as part of its complicated strategy to influence the region”).
That tweet linked to an NBC Nightly News report in which anchor Brian Williams introduced Khorasan with a graphic declaring it “The New Enemy,” and Engel went on to explain that the group is “considered a threat to the U.S. because, U.S. intelligence officials say, it wants to bring down airplanes with explosives.”
Once the bombing campaign was underway, ISIS — the original theme of the attack — largely faded into the background, as Obama officials and media allies aggressively touted attacks on Khorasan leaders and the disruption of its American-targeting plots. On the first day of the bombing, The Washington Post announced that “the United States also pounded a little-known but well-resourced al-Qaeda cell that some American officials fear could pose a direct threat to the United States.” It explained:
The Pentagon said in a statement early Tuesday that the United States conducted eight strikes west of Aleppo against the cell, called the Khorasan Group, targeting its “training camps, an explosives and munitions production facility, a communications building and command and control facilities.”
The same day, CNN claimed that “among the targets of U.S. strikes across Syria early Tuesday was the Khorasan Group.” The bombing campaign in Syria was thus magically transformed into an act of pure self-defense, given that “the group was actively plotting against a U.S. homeland target and Western targets, a senior U.S. official told CNN on Tuesday.” The bevy of anonymous sources cited by CNN had a hard time keep their stories straight:
The official said the group posed an “imminent” threat. Another U.S. official later said the threat was not imminent in the sense that there were no known targets or attacks expected in the next few weeks.The plots were believed to be in an advanced stage, the second U.S. official said. There were indications that the militants had obtained materials and were working on new improvised explosive devices that would be hard to detect, including common hand-held electronic devices and airplane carry-on items such as toiletries.
Nonetheless, what was clear was that this group had to be bombed in Syria to save American lives, as the terrorist group even planned to conceal explosive devices in toothpaste or flammable clothing as a means to target U.S. airliners. The day following the first bombings, Attorney General Eric Holder claimed: “We hit them last night out of a concern that they were getting close to an execution date of some of the plans that we have seen.”
CNN’s supremely stenographic Pentagon reporter, Barbara Starr, went on air as videos of shiny new American fighter jets and the Syria bombing were shown and explained that this was all necessary to stop a Khorasan attack very close to being carried out against the west:
What we are hearing from a senior US official is the reason they struck Khorasan right now is they had intelligence that the group — of Al Qaeda veterans — was in the stages of planning an attack against the US homeland and/or an attack against a target in Europe, and the information indicated Khorasan was well on its way — perhaps in its final stages — of planning that attack.
All of that laid the fear-producing groundwork for President Obama to claim self-defense when he announced the bombing campaign on September 23 with this boast: “Once again, it must be clear to anyone who would plot against America and try to do Americans harm that we will not tolerate safe havens for terrorists who threaten our people.”
The very next day, a Pentagon official claimed a U.S. airstrike killed “the Khorasan leader,” and just a few days after that, U.S. media outlets celebrated what they said was the admission by jihadi social media accounts that “the leader of the al Qaeda-linked Khorasan group was killed in a U.S. air strike in Syria.”
But once it served its purpose of justifying the start of the bombing campaign in Syria, the Khorasan narrative simply evaporated as quickly as it materialized. Foreign Policy‘s Shane Harris, with two other writers, was one of the first to question whether the “threat” was anywhere near what it had been depicted to be:
But according to the top U.S. counterterrorism official, as well as Obama himself, there is “no credible information” that the militants of the Islamic State were planning to attack inside the United States. Although the group could pose a domestic terrorism threat if left unchecked, any plot it tried launching today would be “limited in scope” and “nothing like a 9/11-scale attack,” Matthew Olsen, the director of the National Counterterrorism Center, said in remarks at the Brookings Institution earlier this month. That would suggest that Khorasan doesn’t have the capability either, even if it’s working to develop it.“Khorasan has the desire to attack, though we’re not sure their capabilities match their desire,” a senior U.S. counterterrorism official told Foreign Policy.
On September 25, The New York Times — just days after hyping the Khorasan threat to the homeland — wrote that “the group’s evolution from obscurity to infamy has been sudden.” And the paper of record began, for the first time, to note how little evidence actually existed for all those claims about the imminent threats posed to the homeland:
American officials have given differing accounts about just how close the group was to mounting an attack, and about what chance any plot had of success. One senior American official on Wednesday described the Khorasan plotting as “aspirational” and said that there did not yet seem to be a concrete plan in the works.
Literally within a matter of days, we went from “perhaps in its final stages of planning its attack” (CNN) to “plotting as ‘aspirational’” and “there did not yet seem to be a concrete plan in the works” (NYT).
Late last week, Associated Press’ Ken Dilanian — the first to unveil the new Khorasan Product in mid-September — published a new story explaining that just days after bombing “Khorasan” targets in Syria, high-ranking U.S. officials seemingly backed off all their previous claims of an “imminent” threat from the group. Headlined “U.S. Officials Offer More Nuanced Take on Khorasan Threat,” it noted that “several U.S. officials told reporters this week that the group was in the final stages of planning an attack on the West, leaving the impression that such an attack was about to happen.” But now:
Senior U.S. officials offered a more nuanced picture Thursday of the threat they believe is posed by an al-Qaida cell in Syria targeted in military strikes this week, even as they defended the decision to attack the militants.James Comey, the FBI director, and Rear Adm. John Kirby, the Pentagon spokesman, each acknowledged that the U.S. did not have precise intelligence about where or when the cell, known as the Khorasan Group, would attempt to strike a Western target. . . .Kirby, briefing reporters at the Pentagon, said, “I don’t know that we can pin that down to a day or month or week or six months….We can have this debate about whether it was valid to hit them or not, or whether it was too soon or too late…We hit them. And I don’t think we need to throw up a dossier here to prove that these are bad dudes.”
Regarding claims that an attack was “imminent,” Comey said: “I don’t know exactly what that word means…’imminent’” — a rather consequential admission given that said imminence was used as the justification for launching military action in the first place.
Even more remarkable, it turns out the very existence of an actual “Khorasan Group” was to some degree an invention of the American government. NBC’s Engel, the day after he reported on the U.S. government’s claims about the group for Nightly News, seemed to have serious second thoughts about the group’s existence, tweeting:
Indeed, a Nexis search for the group found almost no mentions of its name prior to the September 13 AP article based on anonymous officials. There was one oblique reference to it in a July 31 CNN op-ed by Peter Bergen. The other mention was an article in the LA Times from two weeks earlier about Pakistan which mentioned the group’s name as something quite different than how it’s being used now: as “the intelligence wing of the powerful Pakistani Taliban faction led by Hafiz Gul Bahadur.” Tim Shorrock noted that the name appears in a 2011 hacked Stratfor email published by WikiLeaks, referencing a Dawn article that depicts them as a Pakistan-based group which was fighting against and “expelled by” (not “led by”) Bahadur.
There are serious questions about whether the Khorasan Group even exists in any meaningful or identifiable manner. Aki Peritz, a CIA counterterrorism official until 2009, told Time: “I’d certainly never heard of this group while working at the agency,” while Obama’s former U.S. ambassador to Syria Robert Ford said: “We used the term [Khorasan] inside the government, we don’t know where it came from….All I know is that they don’t call themselves that.” As The Intercept was finalizing this article, former terrorism federal prosecutor Andrew McCarthy wrote in National Review that the group was a scam: “You haven’t heard of the Khorosan Group because there isn’t one. It is a name the administration came up with, calculating that Khorosan … had sufficient connection to jihadist lore that no one would call the president on it.”
What happened here is all-too-familiar. The Obama administration needed propagandistic and legal rationale for bombing yet another predominantly Muslim country. While emotions over the ISIS beheading videos were high, they ot enough to sustain a lengthy new war.
So after spending weeks promoting ISIS as Worse Than Al Qaeda™, they unveiled a new, never-before-heard-of group that was Worse Than ISIS™. Overnight, as the first bombs on Syria fell, the endlessly helpful U.S. media mindlessly circulated the script they were given: this new group was composed of “hardened terrorists,” posed an “imminent” threat to the U.S. homeland, was in the “final stages” of plots to take down U.S. civilian aircraft, and could “launch more-coordinated and larger attacks on the West in the style of the 9/11 attacks from 2001.””
As usual, anonymity was granted to U.S. officials to make these claims. As usual, there was almost no evidence for any of this. Nonetheless, American media outlets — eager, as always, to justify American wars — spewed all of this with very little skepticism. Worse, they did it by pretending that the U.S. government was trying not to talk about all of this — too secret! — but they, as intrepid, digging journalists, managed to unearth it from their courageous “sources.” Once the damage was done, the evidence quickly emerged about what a sham this all was. But, as always with these government/media propaganda campaigns, the truth emerges only when it’s impotent.
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