Moon of Alabama Brecht quote
December 2, 2011
Senate Votes On Citizen Detention, Afghanistan, Iran

The U.S. Senate yesterday voted on amendments to the defense-authorization bill. As that bill is a “must-do” there are always some contentious and crazy issues attached to it. Three of those voted on yesterday are of interest.

After a passionate debate over a detainee-related provision in a major defense bill, the lawmakers decided not to make clearer the current law about the rights of Americans suspected of being terrorists. Instead, they voted 99 to 1 to say the bill does not affect “existing law” about people arrested inside the United States.

The uncertainty over the current law added confusion. Some, like Mr. Graham and Mr. Levin, insisted that the Supreme Court had already approved holding Americans as enemy combatants, even people arrested inside the United States. Others, like Senators Feinstein and Richard J. Durbin, Democrat of Illinois, insisted that it had not done so.

The Senate does not agree on what current law says and it does not want to change that. Does anyone understand why they voted on it at all?

This non-decision keeps the risk open for any U.S. citizen to get accused, without proof, of terrorism and to be then indefinitely detained by the U.S. military. Should one day the rabble decide to protest too much about the ongoing robbery by the 1%, this non-law will be used to shut it up.

The issue where the Senate demonstrated more sense was Afghanistan:

The Senate voted on Wednesday to require President Barack Obama to devise a plan for expediting the pullout of U.S. troops from Afghanistan, signaling growing impatience in Congress.

Unfortunately the House seems likely to turn that amendment down. Still this is a sea-change from earlier votes which went against such an accelerated retreat.

Unfortunately, while voting for winding down one war, the Senate also voted to start another one:

Acting on concerns Iran aims to develop a nuclear weapon, the U.S. Senate Thursday voted to impede that country’s ability to process oil revenue by making it harder for it to access the world financial system.

The 100-0 vote came in spite of warnings from the Obama administration that the sanctions would alienate allies and drive up oil prices. The administration has been trying to use diplomatic avenues to persuade allies to avoid Iranian oil, which provides half of the government’s revenues. But Congress, frustrated by President Barack Obama’s reluctance to apply sanctions to Iran’s central bank, decided to push him in that direction.

The banning of any bank from business with Iran’s central bank would exclude Iran from dealing in any major world market. It would be an act of economic war on top of the already ongoing and increasing secret war. It would likely soon lead to a physical one.

But this vote makes clear that war with Iran is the open intent of the U.S. foreign policy. It has nothing to do with Iran’s nuclear program. The aim is regime change in Iran by all means, including war, and at all costs.

Comments

It’s electioneering, getting ready to fight the last election’s wars in that politicians had to show themselves to be tougher on Terra Terra Terra than anyone else.
Defense of the freedoms guaranteed in the Constitution does not count as fighting Terra.
This is political stupidity, and the pols involved refuse to look at the ramifications of what they are doing.
Cause oil prices to spike? Oh, great. But all that counts right now is that pols believe Iran as an issue can be used against them. Therefore, they will vote stupidly, thinking they are inocculating themselves against attack. It has nothing to do with protecting the 99%, the nation. It is all about them.
And it’s looking pretty pathetic, but not all voters see it that way. Yet.

Posted by: jawbone | Dec 2 2011 16:11 utc | 1

So wait, they voted to declare that the law is unchanged, but they are still going to enact a new law? The NY Times doesn’t even point to the language of their resolution or how the bill stands now. It’s very unclear. Intentionally so, I suspect.
Being appropriately cynical I can only assume these legislators are simply trying to provide cover for themselves.
So are they going to require all terror suspects be tried militarily as originally written? Only now with no exception for citizens (unless the Supreme Court had already created an exception for citizens, as Feingold and gang contend, which is unclear)? Or will the president still have the option to pick and choose if he wants to try suspects in civilian or military courts as well as holding them without trial or rights? Is Congress still forbidding transfer of Guantanamo suspects? Maybe they did scrap all these proposed changes and the law will simply remain the same. It’s unclear. But it sounds like the citizenship exception language is the language that will not be included.
Plus, it’s unclear if the AUMF is still expanded to “associated groups” of Al Qaeda and the Taliban, which has the effect of expanding the Supreme Court decision anyway (despite their claims to the contrary). Maybe this is the real reason for the overreach by Levin and McCain, to give cover for a simple re authorization and expansion of the legal basis of the wars overseas. Voila, all of a sudden the wars in Somalia and Yemen are legal and the president can still pick and choose whether he can try suspects in civil or military court of if he simply wants to assassinate them. Also, seen in this light, Congress’ stated desire to end the Afghanistan war is extremely suspect.
The whole things stinks.

Posted by: Walter Wit Man | Dec 2 2011 16:51 utc | 2

The US has already arrogated to itself the right to detain, at the President’s pleasure, anyone on earth. And to treat them in any way that he allows.
Imperialism works that way.
During the past decade our eyes have been fixed on the depradations abroad, the terrible carnage wrought in Iraq, Afghanistan and many other countries. But the main event has been the rapid establishment of a police supra-state in the imperial metropolis. In north America and Europe. In recent weeks we have seen, in the evictions of the “Occupy” protestors, the new face of para military policing, a dozen years after Seattle, forty years after the Daley Police riot in Chicago. The state has raised the threshold of violence, at the same time as it has perfected the means of surveillance to the point that every word on the internet, or in phone conversations, is recorded.
The Senate has approved the founding of Abu Ghraibs and Guantanamos everywhere.

Posted by: bevin | Dec 2 2011 17:22 utc | 3

The senate can vote however it wants, on whatever it wants, but they cannot enforce a ban on third parties engaging in legitimate trade ( ie everything that is not covered by UN sanctions ) – for the simple reason that there will be a replay of the 1997 experience, when the Clinton administration had to effectively abandon attempting to enforce the extraterritorial provisions of ILSA in the face of a threat to challenge said provisions at the WTO, which would have declared them illegal ( for the simple reason that extraterritorial threats of this nature are forbidden ). The Clinton administration finessed – they kept the provisions, but gave exemptions to pretty much all and sundry. The EU have already demurred on this option as they are well aware that it’s not doable.
The world cannot replace Iran’s oil exports – the only potential short-term source is the US’s SPR, and I cannot envisage any circumstances in which a plan to utilise them as cover is saleable to the US public. When we consider that the IEA already coordinated a 60 million barrel release from stocks earlier this year to put a dampener on crude prices during the Libyan conflict, that there are at least 4 additional oil/product supply crises currently in play ( Syria export ban, Yemen clusterfuck, Sudan-South Sudan spat, Egypt nat gas cutoff to Israel and Jordan requiring switch to diesel generation ) there is no chance of respite from current energy market tightness over the winter months.
Politically, the imperative in the US is to have declining fuel prices going into an election – and that imperative will prevail over the next 11 months.

Posted by: dan | Dec 2 2011 17:26 utc | 4

Any reason why Iran’s central bank couldn’t simply settle its international accounts using Russian or Chinese banks as middlemen?
And couldn’t its oil trades be handled the same way>

Posted by: sleepy | Dec 3 2011 1:21 utc | 5

good old b, some more acid letters published nowhere to no one about the wages of empire.
I’m still waiting to read your “Merkel as functionary of the superstructure of empire, Goldman Sachs Slave Bitch” screed.

Posted by: slothrop | Dec 3 2011 2:01 utc | 6

One might say that the US is already at war with Iran, given all that we know. But open warfare? No. Also, the sanctions don’t hurt Iran, they just make it stronger. Iran is not isolated, as the US claims, it is supported by the BRIC and NAM countries — most of the world.

Posted by: Don Bacon | Dec 3 2011 3:07 utc | 7

So who the fuck gets to point their finger at you and drool the word “terrorist”, thereby erasing the Constitution, the rule of law, and your rights???
These pieces of shit are batshit crazy, and are destroying everything we claim to be. Welcome to fascist America.

Posted by: PissedOffAmerican | Dec 3 2011 3:37 utc | 8

From Occupation to ‘Occupy’: The Israelification of American domestic security

In October, the Alameda County Sheriff’s Department turned parts of the campus of the University of California in Berkeley into an urban battlefield. The occasion was Urban Shield 2011, an annual SWAT team exposition organized to promote “mutual response,” collaboration and competition between heavily militarized police strike forces representing law enforcement departments across the United States and foreign nations.
At the time, the Alameda County Sheriff’s Department was preparing for an imminent confrontation with the nascent “Occupy” movement that had set up camp in downtown Oakland, and would demonstrate the brunt of its repressive capacity against the demonstrators a month later when it attacked the encampment with teargas and rubber bullet rounds, leaving an Iraq war veteran in critical condition and dozens injured. According to Police Magazine, a law enforcement trade publication, “Law enforcement agencies responding to…Occupy protesters in northern California credit Urban Shield for their effective teamwork.”
Training alongside the American police departments at Urban Shield was the Yamam, an Israeli Border Police unit that claims to specialize in “counter-terror” operations but is better known for its extra-judicial assassinations of Palestinian militant leaders and long record of repression and abuses in the occupied West Bank and Gaza Strip. Urban Shield also featured a unit from the military of Bahrain, which had just crushed a largely non-violent democratic uprising by opening fire on protest camps and arresting wounded demonstrators when they attempted to enter hospitals. While the involvement of Bahraini soldiers in the drills was a novel phenomenon, the presence of quasi-military Israeli police – whose participation in Urban Shield was not reported anywhere in US media – reflected a disturbing but all-too-common feature of the post-9/11 American security landscape.
The Israelification of America’s security apparatus, recently unleashed in full force against the Occupy Wall Street Movement, has taken place at every level of law enforcement, and in areas that have yet to be exposed. The phenomenon has been documented in bits and pieces, through occasional news reports that typically highlight Israel’s national security prowess without examining the problematic nature of working with a country accused of grave human rights abuses. But it has never been the subject of a national discussion. And collaboration between American and Israeli cops is just the tip of the iceberg.
Having been schooled in Israeli tactics perfected during a 63 year experience of controlling, dispossessing, and occupying an indigenous population, local police forces have adapted them to monitor Muslim and immigrant neighborhoods in US cities. Meanwhile, former Israeli military officers have been hired to spearhead security operations at American airports and suburban shopping malls, leading to a wave of disturbing incidents of racial profiling, intimidation, and FBI interrogations of innocent, unsuspecting people. The New York Police Department’s disclosure that it deployed “counter-terror” measures against Occupy protesters encamped in downtown Manhattan’s Zuccotti Park raised serious questions about the extent to which Israeli-inspired tactics have been used to suppress the Occupy movement in general.
The process of Israelification began in the immediate wake of 9/11, when national panic led federal and municipal law enforcement officials to beseech Israeli security honchos for advice and training. America’s Israel lobby exploited the climate of hysteria, providing thousands of top cops with all-expenses paid trips to Israel and stateside training sessions with Israeli military and intelligence officials. By now, police chiefs of major American cities who have not been on junkets to Israel are the exception.
Israel is the Harvard of antiterrorism,” said former US Capitol Police Chief Terrance W. Gainer, who now serves as the US Senate Sergeant-at-Arms. Cathy Lanier, the Chief of the Washington DC Metropolitan Police, remarked, “No experience in my life has had more of an impact on doing my job than going to Israel.” “One would say it is the front line,” Barnett Jones, the police chief of Ann Arbor, Michigan, said of Israel. “We’re in a global war.”
Karen Greenberg, the director of Fordham School of Law’s Center on National Security and a leading expert on terror and civil liberties, said the Israeli influence on American law enforcement is so extensive it has bled into street-level police conduct. “After 9/11 we reached out to the Israelis on many fronts and one of those fronts was torture,” Greenberg told me. “The training in Iraq and Afghanistan on torture was Israeli training. There’s been a huge downside to taking our cue from the Israelis and now we’re going to spread that into the fabric of everyday American life? It’s counter-terrorism creep. And it’s exactly what you could have predicted would have happened.”
Changing the way we do business
The Jewish Institute for National Security Affairs (JINSA) is at the heart of American-Israeli law enforcement collaboration. JINSA is a Jerusalem and Washington DC-based think tank known for stridently neoconservative policy positions on Israel’s policy towards the Palestinians and its brinkmanship with Iran. The group’s board of directors boasts a Who’s Who of neocon ideologues. Two former JINSA advisers who have also consulted for Israeli Prime Minister Benjamin Netanyahu, Douglas Feith and Richard Perle, went on to serve in the Department of Defense under President George W. Bush, playing influential roles in the push to invade and occupy Iraq.
Through its Law Enforcement Education Program (LEEP), JINSA claims to have arranged Israeli-led training sessions for over 9000 American law enforcement officials at the federal, state and municipal level. “The Israelis changed the way we do business regarding homeland security in New Jersey,” Richard Fuentes, the NJ State Police Superintendent, said after attending a 2004 JINSA-sponsored Israel trip and a subsequent JINSA conference alongside 435 other law enforcement officers.
During a 2004 LEEP trip, JINSA brought 14 senior American law enforcement officials to Israel to receive instruction from their counterparts. The Americans were trained in “how to secure large venues, such as shopping malls, sporting events and concerts,” JINSA’s website reported. Escorted by Brigadier General Simon Perry, an Israeli police attaché and former Mossad official, the group toured the Israeli separation wall, now a mandatory stop for American cops on junkets to Israel. “American officials learned about the mindset of a suicide bomber and how to spot trouble signs,” according to JINSA. And they were schooled in Israeli killing methods. “Although the police are typically told to aim for the chest when shooting because it is the largest target, the Israelis are teaching [American] officers to aim for a suspect’s head so as not to detonate any explosives that might be strapped to his torso,” the New York Times reported.
Cathy Lanier, now the Chief of Washington DC’s Metropolitan Police Department, was among the law enforcement officials junketed to Israel by JINSA. “I was with the bomb units and the SWAT team and all of those high profile specialized [Israeli] units and I learned a tremendous amount,” Lanier reflected. “I took 82 pages of notes while I was there which I later brought back and used to formulate a lot of what I later used to create and formulate the Homeland Security terrorism bureau in the DC Metropolitan Police department.”
Some of the police chiefs who have taken part in JINSA’s LEEP program have done so under the auspices of the Police Executive Research Forum (PERF), a private non-governmental group with close ties to the Department of Homeland Security. Chuck Wexler, the executive director of PERF, was so enthusiastic about the program that by 2005 he had begun organizing trips to Israel sponsored by PERF, bringing numerous high-level American police officials to receive instruction from their Israeli counterparts.
PERF gained notoriety when Wexler confirmed that his group coordinated police raids in 16 cities across America against “Occupy” protest encampments. As many as 40 cities have sought PERF advice on suppressing the “Occupy” movement and other mass protest activities. Wexler did not respond to my requests for an interview.
Lessons from Israel to Auschwitz

Besides JINSA, the Anti-Defamation League (ADL) has positioned itself as an important liaison between American police forces and the Israeli security-intelligence apparatus. Though the ADL promotes itself as a Jewish civil rights group, it has provoked controversy by publishing a blacklist of organizations supporting Palestinian rights, and for condemning a proposal to construct an Islamic community center in downtown New York, several blocks from Ground Zero, on the basis that some opponents of the project were entitled to “positions that others would characterize as irrational or bigoted.”
Through the ADL’s Advanced Training School course on Extremist and Terrorist Threats, over 700 law enforcement personnel from 220 federal and local agencies including the FBI and CIA have been trained by Israeli police and intelligence commanders. This year, the ADL brought 15 high-level American police officials to Israel for instruction from the country’s security apparatus. According to the ADL, over 115 federal, state and local law enforcement executives have undergone ADL-organized training sessions in Israel since the program began in 2003. “I can honestly say that the training offered by ADL is by far the most useful and current training course I have ever attended,” Deputy Commissioner Thomas Wright of the Philadelphia Police Department commented after completing an ADL program this year. The ADL’s relationship with the Washington DC Police Department is so cozy its members are invited to accompany DC cops on “ride along” patrols.
The ADL claims to have trained over 45,000 American law enforcement officials through its Law Enforcement and Society program, which “draws on the history of the Holocaust to provide law enforcement professionals with an increased understanding of…their role as protectors of the Constitution,” the group’s website stated. All new FBI agents and intelligence analysts are required to attend the ADL program, which is incorporated into three FBI training programs. According to officialFBI recruitment material, “all new special agents must visit the US Holocaust Memorial Museum to see firsthand what can happen when law enforcement fails to protect individuals.”
Fighting “crimiterror”
Among the most prominent Israeli government figure to have influenced the practices of American law enforcement officials is Avi Dichter, a former head of Israel’s Shin Bet internal security service and current member of Knesset who recently introduced legislation widely criticized as anti-democratic. During the Second Intifada, Dichter ordered several bombings on densely populated Palestinian civilian areas, including one on the al-Daraj neighborhood of Gaza that resulted in the death of 15 innocent people, including 8 children, and 150 injuries. “After each success, the only thought is, ‘Okay, who’s next?’” Dichter said of the “targeted” assassinations he has ordered.
Despite his dubious human rights record and apparently dim view of democratic values, or perhaps because of them, Dichter has been a key figure in fostering cooperation between Israeli security forces and American law enforcement. In 2006, while Dichter was serving as Israel’s Minister of Public Security, he spoke in Boston, Massachusetts before the annual convention of the International Association of Chiefs of Police. Seated beside FBI Director Robert Mueller and then-Attorney General Alberto Gonzalez, Dichter told the 10,000 police officers in the crowd that there was an “intimate connection between fighting criminals and fighting terrorists.” Dichter declared that American cops were actually “fighting crimiterrorists.” The Jerusalem Post reported that Dichter was “greeted by a hail of applause, as he was hugged by Mueller, who described Dichter as his mentor in anti-terror tactics.”
A year after Dichter’s speech, he and then-Secretary of the Department of Homeland Security Michael Chertoff signed a joint memorandum pledging security collaboration between America and Israel on issues ranging from airport security to emergency planning. In 2010, Homeland Security Secretary Napolitano authorized a new joint memorandum with Israeli Transport and Road Safety Minister Israel Katz shoring up cooperation between the US Transportation Security Agency – the agency in charge of day-to-day airport security – and Israel’s Security Department. The recent joint memorandum also consolidated the presence of US Homeland Security law enforcement personnel on Israeli soil. “The bond between the United States and Israel has never been stronger,” Napolitano remarked at a recent summit of AIPAC, the leading outfit of America’s Israel lobby, in Scottsdale, Arizona.

This certainly isn’t the full story of what’s going on, but it sure does have a ring of, ‘major part’ of the plot…

Posted by: Uncle $cam | Dec 3 2011 5:09 utc | 9

One has to admit that when the Shitty Little Country can teach the Shitty Big Country’s spooks something they didn’t know, the CIA and FBI must have been even more useless than we suspected.

Posted by: Hoarsewhisperer | Dec 3 2011 6:00 utc | 10

@slothrop: I only recently made the rainbow connection. you are super adorable. kisses.

Posted by: lizard | Dec 3 2011 7:21 utc | 12

“Should one day the rabble decide to protest too much about the ongoing robbery by the 1%, this non-law will be used to shut it up.”
Yes b, and not just the robbery, but the ongoing march towards perpetual war. This coming shit-storm is all by design.

Posted by: ben | Dec 3 2011 7:21 utc | 13

Montesquieu, in his essay on the rise and collapse of liberty in Rome, wrote about the disintegration of the Roman justice system:
“No tyranny is more cruel than that which is practiced in the shadow of the law and with the trappings of justice: that is, one would drown the unfortunate by the very plank by which he would hope to be saved.
“Moreover, no tyrant ever lacks the instruments necessary to his tyranny. Tiberius always found the judge who was prepared to sentence any person of whom he had the slightest suspicion. In the time of the republic the senate, which did not as a body pass judgment on specific transactions, nevertheless, through a delegation of the people, took cognizance of crimes that were imputed to allies. In a like manner, Tiberius referred to this body the adjudication of all crimes which he considered an act of offense against his person. The senate then fell into a state of utter degradation such as can scarce be described; the senators themselves led the processional into their own enslavement. Under the patronage of Sejanus, the best known among them competed to be informers for the emperor.” – Charles de Secondat, Baron de Montesquieu
Scott Horton, Harper’s Magazine, writes, “The American Founding Fathers were influenced by the lessons they drew from a study of antiquity and particularly helped in this process by Montesquieu and his essay of the rise and collapse of liberty in Rome.” He laments, “There is something particularly pernicious about a situation in which the outer trappings of justice exist, but the substance has been replaced with a craven homage to the power of the executive.”
http://www.harpers.org/archive/2010/05/hbc-90007096

Posted by: DakotabornKansan | Dec 3 2011 11:39 utc | 14

DbK @ 14: A perfect quote for what is going on in U.S. today.
“No tyranny is more cruel than that which is practiced in the shadow of the law and with the trappings of justice: that is, one would drown the unfortunate by the very plank by which he would hope to be saved.

Posted by: ben | Dec 3 2011 14:34 utc | 15

DBK, good to know you’re still out and about on the ‘ol blogosphere! Shame about Clemons, eh? Perhaps someday he’ll figure out where he left his balls, but somehow I doubt it. I’m pretty sure he sold them at a media sponsored garage sale, and the Atlantic’s owners have them in their trophy case.

Posted by: PissedOffAmerican | Dec 3 2011 16:15 utc | 16

The We-Are-At-War! mentality
The Bush/Cheney War on Terror was justified with four radical premises; do Obama supporters reject any of them?
Two significant events happened on Thursday: (1) the Democratic-led Senate rejuvenated and expanded the War on Terror by, among other things, passing a law authorizing military detention on U.S. soil and expanding the formal scope of the War; and (2) Obama lawyers, for the first time, publicly justified the President’s asserted (and seized) power to target U.S. citizens for assassination without any transparency or due process.

Posted by: Outraged | Dec 4 2011 3:34 utc | 17

POA, it is good to know that you are also still out and about on the ‘ol blogosphere!
Shame on Clemons!
Unlike Bart Simpson, who sold his soul to Milhouse for five dollars and then tried to get it back, Clemons, I’m sure has no regrets.
For The Atlantic? Why Clemons, it profit a man nothing to give his soul for the whole world. . . but for The Atlantic!

Posted by: DakotabornKansan | Dec 4 2011 11:03 utc | 18

Global rebellion: The coming chaos?
Global elites are confused, reactive, and sinking into a quagmire of their own making ?

…the “empire of global capital” is definitely not a “paper tiger”. As global elites regroup and assess the new conjuncture and the threat of mass global revolution, they will – and have already begun to – organise coordinated mass repression, new wars and interventions, and mechanisms and projects of co-optation…

Posted by: Outraged | Dec 4 2011 23:44 utc | 19

Ray McGovern on Americans obliviously or calmly watching their rights being taken away. He opens with a warning from pre-WWII Germany:

Ambiguous but alarming new wording, which is tucked into the National Defense Authorization Act (NDAA) and was just passed by the Senate, is reminiscent of the “extraordinary measures” introduced by the Nazis after they took power in 1933.
And the relative lack of reaction so far calls to mind the oddly calm indifference with which most Germans watched the erosion of the rights that had been guaranteed by their own Constitution. As one German writer observed, “With sheepish submissiveness we watched it unfold, as if from a box at the theater.”
The writer was Sebastian Haffner (real name Raimond Pretzel), a young German lawyer worried at what he saw in 1933 in Berlin, but helpless to stop it since, as he put it, the German people “collectively and limply collapsed, yielded and capitulated.”
“The result of this millionfold nervous breakdown,” wrote Haffner at the time, “is the unified nation, ready for anything, that is today the nightmare of the rest of the world.” Not a happy analogy.

Obama threatened to veto this. Will he?
But the Democrats involved in this language should be shamed. Shamed and primaried. And not voted for ever again.

Posted by: jawbone | Dec 5 2011 14:07 utc | 20