Monthly Archives: June 2011

Israel’s latest scheme to spring Pollard from prison

Haaretz reports:

Prime Minister Benjamin Netanyahu said Sunday that Israel would submit an official request to the Obama administration requesting that convicted spy Jonathan Pollard be granted temporary leave to attend his father’s funeral.

Netanyahu informed ministers from his Likud party Sunday of his decision to back the Pollard family’s own request to that effect. A group of Pollard’s supporters were planning to rally outside of the U.S. embassy in Tel Aviv later Thursday to demand that the Obama administration respond positively to the request.

The family asked President Barack Obama to let Pollard visit his father last week, as he was dying in hospital, but the administration refused. Some 70 members of the Knesset signed a petition last week urging Obama to accede to the Pollard family’s request.

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Obama overruled top lawyers in Libya war policy debate

The New York Times reports:

President Obama rejected the views of top lawyers at the Pentagon and the Justice Department when he decided that he had the legal authority to continue American military participation in the air war in Libya without Congressional authorization, according to officials familiar with internal administration deliberations.

Jeh C. Johnson, the Pentagon general counsel, and Caroline D. Krass, the acting head of the Justice Department’s Office of Legal Counsel, had told the White House that they believed that the United States military’s activities in the NATO-led air war amounted to “hostilities.” Under the War Powers Resolution, that would have required Mr. Obama to terminate or scale back the mission after May 20.

But Mr. Obama decided instead to adopt the legal analysis of several other senior members of his legal team — including the White House counsel, Robert Bauer, and the State Department legal adviser, Harold H. Koh — who argued that the United States military’s activities fell short of “hostilities.” Under that view, Mr. Obama needed no permission from Congress to continue the mission unchanged.

Presidents have the legal authority to override the legal conclusions of the Office of Legal Counsel and to act in a manner that is contrary to its advice, but it is extraordinarily rare for that to happen. Under normal circumstances, the office’s interpretation of the law is legally binding on the executive branch.

A White House spokesman, Eric Schultz, said there had been “a full airing of views within the administration and a robust process” that led Mr. Obama to his view that the Libya campaign was not covered by a provision of the War Powers Resolution that requires presidents to halt unauthorized hostilities after 60 days.

“It should come as no surprise that there would be some disagreements, even within an administration, regarding the application of a statute that is nearly 40 years old to a unique and evolving conflict,” Mr. Schultz said. “Those disagreements are ordinary and healthy.”

Still, the disclosure that key figures on the administration’s legal team disagreed with Mr. Obama’s legal view could fuel restiveness in Congress, where lawmakers from both parties this week strongly criticized the White House’s contention that the president could continue the Libya campaign without their authorization because the campaign was not “hostilities.”

Marc Lynch writes:

“There’s no outcry in the country to say ‘comply with the War Powers Act,’ outside of academia.” That’s what Senator John McCain told Foreign Policy in an interview a few weeks ago. How quickly things change. With House Speaker John Boehner presenting an ultimatum for administration compliance with the War Powers Act, and Congressional GOP leaders hinting at defunding the campaign, the demand that the Obama administration obtain Congressional authorization for the operation in Libya has suddenly become front page news. A full-scale battle over Presidential authority looms.

The administration should have secured authorization for the Libya campaign early on, to put it on solid legal and bipartisan political footing. Congressional oversight is as important for the Obama administration as it was during the Bush administration — a point which applies to Libya just as it does to drone strikes and global counter-terrorism operations. They probably didn’t do so because they (correctly) expected that a Congressional resolution authorizing the Libya campaign would come to the President’s desk with riders attached repealing health care reform, reinstating Don’t Ask Don’t Tell, and abolishing Medicare. But politics shouldn’t be allowed to outweigh the importance of effective Congressional oversight and respecting the rule of law.

Beyond the political jockeying, however, the sudden burst of attention to Libya should be an opportunity for the public to take a fresh look at what is actually happening in Libya. This is a good time to realize that the war in Libya was very much worth fighting and that it is moving in a positive direction. A massacre was averted, all the trends favor the rebels, the emerging National Transitional Council is an unusually impressive government in waiting, and a positive endgame is in sight. This is a war of which the administration should be proud, not one to be hidden away from public or Congressional view.

I supported the intervention in Libya reluctantly, in the face of strong evidence of in impending humanitarian catastrophe and an unprecedented, intense Arab public demand for Western action. I believe fully that the NATO intervention prevented a major massacre in Benghazi, which would have guaranteed the survival of the Qaddafi regime. The retaliation campaign which followed the regime’s survival would have been bloodier still. There would have been a chilling effect across the region, encouraging violent repression and demoralizing challengers. And the impact on America’s image in the region of failing to act and allowing the massacre would have been profound. Many of the same people (in the Arab world and in the U.S.) who now lambaste Obama for intervening would have been editorializing about his betrayal of his promises to the Muslims of the world and his indifference to Muslim lives.

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Turkey says Syria only has a few days left to get its act together

Today’s Zaman reports:

Turkey has delivered a blunt message to the Syrian leadership, saying the regime’s willingness to undertake sweeping reforms in the unrest-laden country will determine the position of Turkey in the coming days, if not weeks, diplomatic sources told Today’s Zaman.

The Turkish response to Syria will be shaped by how the regime responds to unrest engulfing the country and whether or not the promise of switching to a multi-party system to reflect the diversity and pluralism of Syrian society will materialize, the same source said, speaking on condition of anonymity.

According to an incremental plan, Turkey will start supporting tougher UN resolutions if the regime fails to live up to the expectations of the international community. The strongest message yet to the Syrian leadership was conveyed by Foreign Minister Ahmet Davutoğlu, who spoke with Syrian President Bashar al-Assad’s special envoy, Hassan Turkmani, earlier this week. “We underlined that Turkish support to Syria hinges on the willingness of the Syrian government to adopt sweeping reforms in the country. We detailed our suggestions before and even relayed a written proposal to Damascus on how they should proceed to stabilize the country,” the source explained.

The Assad regime is dominated by the Alawite minority, an offshoot of Shiite Islam, but the country is overwhelmingly Sunni Muslim. Alawite dominance has bred resentment, which Assad has worked to tamp down by pushing a strictly secular identity in Syria. But the president now appears to be relying heavily on his Alawite power base, beginning with highly placed Assad relatives, to crush the resistance.

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Don’t let the Amina hoax distract attention from the plight of the real gay community in Syria

“Daniel Nassar” (the pseudonym of a Syrian man based in Damascus), writes:

In a city like Damascus, with its beautiful culture, amazing people, lovely food, and unmatchable history, one feels like they could be anything — anything but gay, that is.

When Tom MacMaster, an American master’s degree student living in Scotland, revealed himself to be the writer behind the Gay Girl in Damascus blog, it shattered the trust between the Middle Eastern blogosphere and the foreign media, and endangered the lives of queer people across the region who stepped out of the closet to answer questions about “Amina,” MacMaster’s fictional creation.

I remember sitting on a balcony overlooking rainy Damascus this April with my best friend in the city, who happens to be a lesbian, chatting about the queer community here.

She once asked me to pretend to be a fictional man interested in marrying her girlfriend to assuage the suspicions of the girlfriend’s family that she was gay. The family needed to hear a voice behind this man, and we gave them one: I pretended to be a Syrian man living in the United States who met their daughter online and was calling on Skype to chat with the mother about future arrangements. The mother was so relieved to receive evidence that her daughter was not gay. The conversation was short, and I felt awkward about pretending to be someone I wasn’t.

The conversation on the balcony turned to another problem my friend was facing: She was having problems coming out to her close friends and family members. I could see it in her eyes — she was struggling. And sitting on the balcony with her, I suddenly had a suspicion about Amina. If my friend, one of the bravest women I’ve ever met, can’t be out of the closet in Damascus, and if I faced so many problems with my family since my teenage years due to my homosexuality, how could the “gay girl of Damascus” be so boldly out — not to mention critical of President Bashar al-Assad’s regime — and gain acceptance and protection from her family?

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Karzai says US in talks with Taliban

Al Jazeera reports:

The president of Afghanistan has said his government and the US are negotiating with Taliban fighters to bring peace to the country.

While officials at the US embassy in Kabul could not be immediately reached for comment, Hamid Karzai’s remarks were the first official confirmation of US involvement in the negotiations.

“Peace talks have started with [the Taliban] already and it is going well,” Karzai said on Saturday in Kabul.

“Foreign militaries, especially the United States of America, are going ahead with these negotiations.”

Diplomats have already said there have been months of preliminary talks between the two sides, and Karzai, who is a strong advocate of peace talks, has long said Afghans are in contact with anti-government groups.

Karzai’s disclosure came a day after the UN Security Council split the UN sanctions list for Taliban and al-Qaeda figures into two, which envoys said could help induce the Taliban into talks on a peace deal in Afghanistan.

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U.S. pressing its crackdown against leaks

The New York Times reports:

Stephen J. Kim, an arms expert who immigrated from South Korea as a child, spent a decade briefing top government officials on the dangers posed by North Korea. Then last August he was charged with violating the Espionage Act — not by aiding some foreign adversary, but by revealing classified information to a Fox News reporter.

Mr. Kim’s case is next in line in the Obama administration’s unprecedented crackdown on leaks, after the crumbling last week of the case against a former National Security Agency official, Thomas A. Drake. Accused of giving secrets to The Baltimore Sun, Mr. Drake pleaded guilty to a minor charge and will serve no prison time and pay no fine.

The Justice Department shows no sign of rethinking its campaign to punish unauthorized disclosures to the news media, with five criminal cases so far under President Obama, compared with three under all previous presidents combined. This week, a grand jury in Virginia heard testimony in a continuing investigation of WikiLeaks, the antisecrecy group, a rare effort to prosecute those who publish secrets, rather than those who leak them.

The string of cases reflects a broad belief across two administrations and in both parties in Congress that leaks have gotten out of hand, endangering intelligence agents and exposing American spying methods.

But Steven Aftergood, director of the project on government secrecy at the Federation of American Scientists, said the fizzling of the Drake prosecution “ought to be a signal to the government to rethink its approach to these cases.” He said the government had many options for punishing leaks: stripping an official’s security clearance, firing him or pursuing a misdemeanor charge. Instead, it “has been leaping to the most extreme response, felony charges,” he said.

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Holder defends terror trials in civilian courts

The Associated Press reports:

Attorney General Eric Holder on Thursday defended the prosecution of terrorism suspects in civilian court after the top-ranking Senate Republican urged him to send two Iraqis to Guantanamo Bay rather than try them in Kentucky.

Holder criticized what he called a “rigid ideology” among political opponents working to prevent terror trials that have been successfully handled by civilian courts hundreds of times.

“Politics has no place — no place — in the impartial and effective administration of justice,” Holder said in remarks prepared for delivery to the American Constitution Society’s convention. “Decisions about how, where, and when to prosecute must be made by prosecutors, not politicians.”

Although Holder didn’t mention Senate Majority Leader Mitch McConnell by name, his comments come two days after McConnell took to the Senate floor and urged Holder’s Justice Department to send terrorism suspects Waad Ramadan Alwan and Mohanad Shareef Hammadi to Navy-run prison at Guantanamo Bay, Cuba. He said a trial planned in his home state of Kentucky could risk retaliatory attacks against judges, jurors and the broader community.

The Justice Department says there have been more than 400 convictions of terrorism-related charges in civilian courts.

“Not one of these individuals has escaped custody,” Holder said. “Not one of the judicial districts involved has suffered retaliatory attacks. And not one of these terrorists arrested on American soil has been tried by a military commission.”

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Iraq’s Nouri al-Maliki: the man who would be king

Ben Van Heuvelen writes:

Iraqi government forces arrived at the headquarters of the Journalistic Freedoms Observatory (JFO) at about 2 a.m. on Feb. 23, half a block from Baghdad’s Firdos Square, where eight years earlier news cameras had captured the iconic toppling of Saddam Hussein’s statue. The soldiers jumped out of their Humvees and began trying to break down the front door. Inside, the building’s night watchman had been sleeping in his ground-floor apartment. He woke to the banging and opened the door, where he was met by a score of armed men, some wearing black clothing and ski masks, some in military fatigues stripped of any identifying insignia.

“Where is the JFO?” the officers demanded.

They didn’t identify themselves. They didn’t have to. As the government would later confirm, these forces answered to the Baghdad Operations Command, which coordinates all security forces in the capital and reports directly to Prime Minister Nouri al-Maliki’s office. Since 2007, Maliki has bypassed several layers of civilian and military leadership, establishing a direct line of control over key security forces, including Iraq’s 54th and 56th brigades, as well as an elite counterterrorism force trained and supported by the U.S. Special Operations Command. In concert with the “surge,” this strategy helped Iraq’s government regain control of the streets from a virulent insurgency. “We’re working literally day and night with the Baghdad Operation[s] Command,” said Maj. Gen. Joseph Fil, commander of U.S. troops in Baghdad, on Feb. 16, 2007, at the dawn of a joint U.S.-Iraqi operation that would soon bring remarkable security gains to the capital. Some four years later, the Baghdad Operations Command continues to act against entities deemed dangerous to the state.

The night watchman pointed the officers up a narrow stairway toward the JFO’s second-story offices. They ran upstairs and bashed their way in. More soldiers entered the building. They blindfolded the night watchman and bound his arms and legs.

The JFO’s headquarters consists of a reception area, a few small offices, and a conference room. Like most local NGOs, it operates on a shoestring budget, in affiliation with a few larger international organizations like Reporters Without Borders and the Society of Professional Journalists. Its mission is to protect the freedom of the press. On a practical level, this means the JFO is the central hub to which journalists in Iraq report censorship and abuse. Their records were stored in file cabinets and computers, all of which the security forces ransacked. They confiscated seven laptop and desktop computers, external hard disks, paper archives, five handicams, and one boxy gray television camera, an antique souvenir that had last been used in the 1950s. The raid lasted three hours. When it was over, the watchman was unbound and left to comfort his frightened wife and child.

Fellow journalists in Baghdad were amazed — though not surprised — to hear of such a brazen government attack on the press. A mutual friend arranged for me to meet Ziyad al-Ajili, director of the JFO. I drove across town to his office, which staffers had quickly returned to a state of tidiness. A broken door frame and the absence of desktop computers were the only traces of the break-in.

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The Israeli nightmare: a state in which Jews and Palestinians are equals

Haaretz reports:

President Shimon Peres is concerned that Israel might become a binational state, in which case, he warned, it would cease to exist as a Jewish state.

“I’m concerned about the continued freeze [in the peace talks],” Peres said to people who visited him this week. “I’m concerned that Israel will become a binational state. What is happening now is total foot-dragging. We’re about to crash into the wall. We’re galloping at full speed toward a situation where Israel will cease to exist as a Jewish state.”

Peres celebrated four years as president this week. He has three years to go until he decides on his next career move. But people who met him this week found the president’s mood far from festive. He prophesied that Israel would be doomed unless negotiations with the Palestinians leading to a peace agreement began in the immediate future.

“Whoever accepts the basic principle of the 1967 lines will receive international support from the world,” Peres said. “Whoever rejects it will lose the world.” He was referring to Prime Minister Benjamin Netanyahu’s vehement objection to starting peace talks on the basis of the 1967 lines, which he called “indefensible” in both the Knesset and the U.S. Congress.

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Five reasons why Europe is cracking up

At Open Democracy, José Ignacio Torreblanca writes:

Denmark has reintroduced border controls with the populist excuse of controlling crime. By taking the step, the country that was once a model of democracy, tolerance and social justice has placed itself on the frontlines of a Europe that is increasingly surrendering to fear and xenophobia. Greece, meanwhile, has spent more than a year teetering on a cliff edge and few fellow European governments seem disappointed that it may abandon the euro – some of them are even secretly supporting the markets against Athens. Finland has thrown itself into the arms of xenophobic populism and, following in the footsteps of Slovakia, has refused to finance the bailout of Portugal. With elections around the corner, France and Italy have taken advantage of the Tunisian uprising to restrict the free movement of people within the European Union. And Germany, unhappy at managing the euro crisis amid regional elections, has broken ranks with France and the United Kingdom in the United Nations Security Council, ignoring the Libya crisis and undermining 10 years of European security policy.

With the future of the euro in doubt and the Arab world erupting, European leaders are governing on the basis of opinion polls and electoral processes, hanging on to power through any means possible even if that results in undoing the Europe that it took so much time and so many sacrifices to build. Few times in the past has the European project been so questioned and its disgraces so publicly exposed. It would seem that in the Europe of today, having a large xenophobic political party is obligatory. The truth is that Europe is cracking up along four fault lines: its values, the euro, foreign policy and leadership. If there is no radical change, the integration process could collapse, leaving the future of Europe as an economically and politically relevant entity up in the air.

This crisis is neither brief nor temporary: we are not just going through a bad patch, nor are we victims of groundless pessimism. To see the danger facing the project of European integration we only have to look back one decade. The contrast with the current situation is revealing. After launching the euro on January 1, 1999, the European Union approved the Lisbon Strategy, which promised to make the EU the most dynamic, competitive and sustainable economy in the world. The bloc also committed itself to expanding freedom, security and justice, taking European integration into areas such as policing, justice and immigration, which until then had remained on the sidelines of the construction of Europe. And to crown this process and to give itself a real political union that would allow the bloc to become a relevant global actor in the 21st century world, it launched the process of drafting the European Constitution.

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NATO’s mission in Libya

The Los Angeles Times reports:

A Russian envoy’s trip to the Libyan capital Thursday yielded no major breakthroughs amid escalating international efforts to end the four-month-long crisis in Libya.

Both Mikhail Margelov, Russia’s special envoy to Africa, and Libyan Prime Minister Baghdadi Ali Mahmudi said the major issue — the future of Moammar Kadafi — remained unresolved.

Kadafi “is not prepared to go,” Margelov said he was told by Libyan officials, according to the Russian Interfax news agency.

Later, Mahmudi repeatedly made the same point — that Kadafi has no intention of leaving Libya — during an almost two-hour news conference with foreign journalists. He labeled attempts to force Kadafi’s departure a “red line” that cannot be crossed.

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Turkey breaks with Syria over crackdown

Borzou Daragahi reports:

Turkey on Thursday signaled a diplomatic shift to further distance itself from longtime ally Syria, welcoming defecting Syrian officers and announcing plans to deliver relief assistance to beleaguered pro-democracy protesters across the border.

The shift against Damascus, where President Bashar Assad has undertaken a bloody crackdown against peaceful demonstrators, comes after months of waffling and wavering over its stance on uprisings that have shaken or brought down autocratic longtime leaders across the region. Turkey endorsed the largely peaceful revolution in Egypt, for example, but pleaded for political reforms rather than the ouster of heads of state in others, especially ones where it has business interests, such as Syria or Libya.

“Like any other country, Turkey had double standards on the ‘Arab Spring,'” said Ozgur Unluhisarcikli, an Ankara-based analyst for the German Marshall Fund, a think tank. “But recently Turkey is fine-tuning its policy. This new policy is based on the demands of the people instead of the priorities of the regimes.”

Foreign Minister Ahmet Davutoglu, architect of Turkey’s “zero problems with neighbors” policy that prioritized good relations with Middle East governments, all but announced the abandonment of that guideline to reporters Thursday after a meeting with Turkey’s ambassadors and national security team in the capital, Ankara.

“Our region demands a serious and urgent reform process,” Davutoglu told reporters, according to the semiofficial Anatolia news agency. “Regional people’s demands are normal, rightful and legitimate. Meeting those demands will make our region a more stable, more democratic and more prosperous region. We are ready to do our utmost to help our region complete this transition process in a healthy way.”

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Clans and tribes forge new Yemen unity

The New York Times reports:

After more than four months of insurrection, this tormented country may seem to be more divided than ever, with rival rallies still seizing the capital every week and fierce gun battles raging in the north and south.

But the protest sit-ins occupying Yemen’s major cities have brought Yemenis together in remarkable new ways, creating makeshift communities in which the old barriers of tribe, region, clan and gender are crumbling.

In the sprawling tent city outside Sana University, rival tribesmen have forsworn their vendettas to sit, eat and dance together. College students talk to Zaydi rebels from the north and discover they are not, in fact, the devils portrayed in government newspapers. Women who have spent their lives indoors give impassioned speeches to amazed crowds. Four daily newspapers are now published in “Change Square,” as it is called, and about 20 weeklies.

The very length of Yemen’s protests — far longer than the 18 days of Egypt’s Tahrir Square uprising — may be helping to forge new bonds and overcome this country’s deep fissures, even if the country’s political elite (and their henchmen) continue to shoot and kill one another in the near term.

“In a sense I’m happy the revolution is taking a long time, because these meetings and arguments are healthy,” said Atiaf al-Wazir, a blogger and activist. “We can’t say everything has changed, but the seeds of change are there.”

The sit-ins are taking place across Yemen, and in some areas elaborate deals have been made to allow tribesmen to join the protest without fear of being ambushed by their rivals. Many people have abandoned their jobs, adding to the economic collapse that now threatens the country.

In Sana, the protest area is virtually its own city, complete with restaurants, medical clinics, auditoriums and gardens. There are numerous art galleries and exhibits, and an endless series of seminars and lectures.

Unlike Tahrir Square in Cairo, the Sana protest area is not a central plaza. It is a dense network of streets running alongside the walls of Sana University — with pre-existing shops, homes and offices — and is therefore more sustainable as a community. Almost every tent has televisions and Internet, with wires and cords snaking over the canvas to the buildings nearby.

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