there is no “right front” in the GWOT™

“There is no battlefield solution to terrorism. Military force usually has the opposite effect from what is intended.”

GWOT report card, summer school edition

Is there a grade worse than “F”?

A top government scientist who helped the FBI analyze samples from the 2001 anthrax attacks has died in Maryland from an apparent suicide, just as the Justice Department was about to file criminal charges against him for the attacks, the Los Angeles Times has learned.

Bruce E. Ivins, 62, who for the last 18 years worked at the government's elite biodefense research laboratories at Ft. Detrick, Md., had been informed of his impending prosecution, said people familiar with Ivins, his suspicious death and the FBI investigation.

. . . .

The extraordinary turn of events followed the government's payment in June of a settlement valued at $5.82 million to a former government scientist, Steven J. Hatfill, who was long targeted as the FBI's chief suspect despite a lack of any evidence that he had ever possessed anthrax.

The payout to Hatfill, a highly unusual development that all but exonerated him in the mailings, was an essential step to clear the way for prosecuting Ivins, according to lawyers familiar with the matter.

Except there now won’t be any prosecution. No testimony in open court. No hearing that might shed a little light on how the government chased the presumably wrong lead for five years before a shakeup at the FBI shifted focus to Ivins. Now we are to believe that the case is closed because the alleged suicide is somehow tantamount to a confession.

In Bush-Cheney terms, a dead “culprit” without having to go through open US courts is a BIG win.

* * * *

And then there’s the global part of the Global War on Terror™:

American intelligence agencies have concluded that members of Pakistan’s powerful spy service helped plan the deadly July 7 bombing of India’s embassy in Kabul, Afghanistan, according to United States government officials.

The conclusion was based on intercepted communications between Pakistani intelligence officers and militants who carried out the attack, the officials said, providing the clearest evidence to date that Pakistani intelligence officers are actively undermining American efforts to combat militants in the region.

. . . .

The information linking the ISI to the bombing of the Indian Embassy was described in interviews by several American officials with knowledge of the intelligence. Some of the officials expressed anger that elements of Pakistan’s government seemed to be directly aiding violence in Afghanistan that had included attacks on American troops.

Some American officials have begun to suggest that Pakistan is no longer a fully reliable American partner and to advocate some unilateral American action against militants based in the tribal areas.

Well, on its face, this would look like a complete failure for the Bush Administration: With the US no closer to capturing bin Laden or al Zawahiri, one of our chief allies in the hunt seems to be in league with the very folks that helped protect the al Qaeda leadership in the first place. But look at this again. The White House now has brand new excuse for why the US has failed to crush al Qaeda or the Taliban—we’re not just fighting a ragtag band of dead-enders or some such, we have to outwit a nuclear power, a country with a large and sophisticated intelligence apparatus and a well-stocked military (we should know, we stocked it). Why, that might require—wait, what is it? right—“unilateral American action.”

Really, when you’re looking at it through the Bush team’s binoculars, what more could you want?

* * * *

And speaking of unilateral action:

Seymour Hersh — a Pulitzer-Prize winning journalist for The New Yorker — revealed that Bush administration officials held a meeting recently in the Vice President’s office to discuss ways to provoke a war with Iran.
In Hersh’s most recent article, he reports that this meeting occurred in the wake of the overblown incident in the Strait of Hormuz, when a U.S. carrier almost shot at a few small Iranian speedboats. The “meeting took place in the Vice-President’s office. ‘The subject was how to create a casus belli between Tehran and Washington,’” according to one of Hersh’s sources.

. . . .

HERSH: There was a dozen ideas proffered about how to trigger a war. The one that interested me the most was why don’t we build — we in our shipyard — build four or five boats that look like Iranian PT boats. Put Navy seals on them with a lot of arms. And next time one of our boats goes to the Straits of Hormuz, start a shoot-up.

The team in Veep’s office apparently rejected the plan because “you can’t have Americans killing Americans.” Really? Sorry to sound the cynic here, but I can’t imagine Vice President Cankles getting all that upset about sending American troops to their death in order to accomplish his broader goals—“I mean, come on! This is the War on Terror, people! You gotta break some eggs to make an omelet! You saw Wanted—the ancient order must be preserved!”

Sorry, I got a little too into that. . . .

But, seriously, the team might have rejected that particular casus belli, but I can assure you there are plenty more where that came from. And, with the combination of a presidential directive allowing defensive fire from covert teams of US operatives already inside Iran, and the Congressional authorization that basically declared a large portion of the Iranian military a terrorist organization, the whizzing sound of shots fired in anger is only a heart-clogging breakfast away.

But there are some logistical matters to work out—namely, the US is woefully under-equipped for a third military incursion, the Secretary of Defense is not so hot to start a hot war, and Cheney’s favorite proxy warrior, Ehud Olmert, just had to step down from his PM post because he is an incompetent commander-in-chief and corrupt as the day is long.

Really, it’s like the Patty Duke Show of international affairs. . . .

But as far as a grade on this front in the GWOT™, because no Iranians are yet dying by America’s hand, we’ll have to give them an incomplete.

I know you are as excited as I am for the fall semester.


(cross-posted on The Seminal)

hard logic

I finally understand the rationale for the latest FISA revisions.

When George Bush signed into law the Fourth Amendment Abrogation Act of 2008 (known to some as the FISA “compromise”) he praised the bill for granting him the powers necessary to fight the “ter’ists” who “hate us for our freedom.”

By enacting a piece of legislation that eliminates much of our freedom, the terrorists now have less reason to hate us.

QED. GWOT™ won. Mission accomplished.

. . . .

Earlier this week, John McCain made a joke after being asked about the high volume of cigarettes that the US exports to Iran. “Maybe that’s a way of killing them,” said Senator Chuckles.

McCain caught flack, and rightfully so, for throwing more impolitic fuel on the tinderbox that is US-Iranian relations—but we already know how bad a mercurial, hot-tempered, loose-lipped President McCain would be for a world that has already suffered too much at the hands of bellicose Republican foreign policy.

The thing that caught my attention about the McJoke—the thing that made my ears prick up—was that McCain just conceded that cigarettes kill people.

McCain later went on to brag that he hadn’t had a cigarette in—"How long has it been, Cindy?"—twenty-four years. On the flip side, we know that Barack Obama still likes to enjoy the occasional cigarette.

So, who out there is suddenly feeling better about Obama’s chances in Virginia and North Carolina?

. . . .

Speaking of jokes: President Bush. . . .

[rimshot]

But seriously—speaking of jokes, President Bush had some heeeeeeelarious parting words for other world leaders at the G8 meeting.

The American leader, who has been condemned throughout his presidency for failing to tackle climate change, ended a private meeting with the words: "Goodbye from the world's biggest polluter."

He then punched the air while grinning widely, as the rest of those present including Gordon Brown and Nicolas Sarkozy looked on in shock.

Shameful, right? I mean, if the guy is going to joke about our status, he could at least get his facts straight. Not that the US doesn’t do its part, but, as with so many things during the Bush years, America has lost its leadership role, this time to a booming China, which now coughs up even more greenhouse gasses than the good ol’ U.S. of A.

They’re, like, drinking our milkshake and burping it up, too.

(I’m sure GW would have found that joke funnier if I had made reference to the other option for gaseous emissions, but this is a classy blog, so I won’t go there.)


(cross-posted on The Seminal and Daily Kos)

another day, another broken law

Well, as you may know, I am not a lawyer, but my common sense sure keeps telling me that laws are being broken. Yesterday, I touched upon my feeling that private security contractors had likely run afoul of the Anti-Pinkerton Act of 1893; today, I want to direct your attention to 18 U.S.C. 1001, AKA The Fraud and False Statements Statute.

It was really quite by accident that I happened upon an old post by Morton Halperin (he’s the smart Halperin) that talked about how NSA director Michael Hayden’s bout of lying to Congress bore a striking resemblance to the behavior of Nixon CIA chief Richard Helms. Helms, as Halperin points out, was charged under the FFSS (my shorthand) for lying to Congress about CIA involvement in overthrowing the Allende government in Chile (he plead no contest and received a suspended sentence). That item referred me to 18 U.S.C., and this is the text of the law that once brought people to justice:

Section 1001. Statements or entries generally

(a) Except as otherwise provided in this section, whoever, in any
matter within the jurisdiction of the executive, legislative, or
judicial branch of the Government of the United States, knowingly
and willfully -
(1) falsifies, conceals, or covers up by any trick, scheme, or
device a material fact;
(2) makes any materially false, fictitious, or fraudulent
statement or representation; or
(3) makes or uses any false writing or document knowing the
same to contain any materially false, fictitious, or fraudulent
statement or entry;

shall be fined under this title or imprisoned not more than 5
years, or both.
(b) Subsection (a) does not apply to a party to a judicial
proceeding, or that party's counsel, for statements,
representations, writings or documents submitted by such party or
counsel to a judge or magistrate in that proceeding.
(c) With respect to any matter within the jurisdiction of the
legislative branch, subsection (a) shall apply only to -
(1) administrative matters, including a claim for payment, a
matter related to the procurement of property or services,
personnel or employment practices, or support services, or a
document required by law, rule, or regulation to be submitted to
the Congress or any office or officer within the legislative
branch; or
(2) any investigation or review, conducted pursuant to the
authority of any committee, subcommittee, commission or office of
the Congress, consistent with applicable rules of the House or
Senate.

(my apologies if the formatting above doesn’t hold to form)

OK, again, I’m not a lawyer, but as I read it, that first part about concealing and covering up and misrepresenting sure sounds like a good many moments from the last six and three-quarter years,

Specifically, I thought about 18 U.S.C. 1001 while reading two days of New York Times’ revelations about secret Justice Department memorandums that provided the “intellectual” cover for the CIA to continue the Bush/Cheney policy of torturing prisoners taken in their GWOT™. With new information about documents that gave the go-ahead to techniques and programs that Congress outlawed and the Supreme Court said violated the Geneva Conventions, documents that Bush officials from the Attorney General and DCI on down failed to provide to the appropriate oversight committees, it seems to me abundantly clear that several members of the administration have knowingly and willfully concealed and covered-up the DoJ findings, and then just as knowingly and willfully made false, fictitious, and fraudulent statements about what has actually been happening inside the White House, the Justice Department, and an unknown number of “black sites” around the world.

Saying “we do not torture” or, as White House spokesperson Dana Perino said on Thursday, “What I can tell you is that any procedures that they use are tough, safe, necessary and lawful,” actually doesn’t get around the language of the Fraud and False Statements Statute. It’s not whether the findings that Justice drafted are sound or well-reasoned or will withstand judicial scrutiny, it is that Justice drafted said findings and then failed to inform Congress while all sorts of administration personnel basically pretended that the memos didn’t exist.

News this morning tells us that Rep. John Conyers wants the memos turned over to his committee, and the ACLU is calling for an independent investigation. Could they have 18 U.S.C. in mind?

Indictments anyone?


(cross-posted to The Seminal and Daily Kos)

reality bites back

In choosing a retired federal judge to replace disgraced former Attorney General Alberto Gonzales, George W. Bush got himself more than a good Jewish lawyer and the answer to a trivia question (What do Roy Cohen, Claus von Bulow, and Rudy Giuliani have in common?), he got himself a conundrum.

You see, Michael Mukasey was the presiding judge in the trial of Omar Abdel Rahman, the so-called “Blind Sheikh,” when he was tried, convicted, and sentenced to life in prison for his involvement in a plot to blow up New York City landmarks. President Bush himself made a big deal of Judge Mukasey’s involvement in that case, but what Bush can’t seem to reconcile, no less grasp, is that America successfully stopped a terrorist plot and locked away its planners by treating the plot as a crime and using the tools afforded under the existing criminal justice system to punish the would-be terrorists.

Back then, there was no USA Patriot Act, there was no Guantanamo, there were no military commissions/star chambers, there was no extraordinary rendition, there was no torture, and, last but not least, there was no “Global War on Terror.” But, the biggest difference, of course, is that the Blind Sheikh rots in a US prison, an historical footnote, at best, while Osama bin Laden is a free man, getting a dye-job somewhere in the northwest of Pakistan, an en ever-greater legend to an ever-growing number of radicalized Muslims.

If the proof of the pudding is in the eating, as they say, the elevation of Judge Mukasey is a plum example of just how much the Bush/Cheney approach to terrorism bites.