Category Archives: US government

End the NSA dragnet now

Senators Ron Wyden, Mark Udall, and Martin Heinrich write: The framers of the Constitution declared that government officials had no power to seize the records of individual Americans without evidence of wrongdoing, and they embedded this principle in the Fourth Amendment. The bulk collection of Americans’ telephone records — so-called metadata — by the National Security Agency is, in our view, a clear case of a general warrant that violates the spirit of the framers’ intentions. This intrusive program was authorized under a secret legal process by the Foreign Intelligence Surveillance Court, so for years American citizens did not have the knowledge needed to challenge the infringement of their privacy rights.

Our first priority is to keep Americans safe from the threat of terrorism. If government agencies identify a suspected terrorist, they should absolutely go to the relevant phone companies to get that person’s phone records. But this can be done without collecting the records of millions of law-abiding Americans. We recall Benjamin Franklin’s famous admonition that those who would give up essential liberty in the pursuit of temporary safety will lose both and deserve neither.

The usefulness of the bulk collection program has been greatly exaggerated. We have yet to see any proof that it provides real, unique value in protecting national security. In spite of our repeated requests, the N.S.A. has not provided evidence of any instance when the agency used this program to review phone records that could not have been obtained using a regular court order or emergency authorization.

Despite this, the surveillance reform bill recently ratified by the Senate Intelligence Committee would explicitly permit the government to engage in dragnet collection as long as there were rules about when officials could look at these phone records. It would also give intelligence agencies wide latitude to conduct warrantless searches for Americans’ phone calls and emails.

This is not the true reform that poll after poll has shown the American people want. It is preserving business as usual. [Continue reading…]

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Julian Assange unlikely to face U.S. charges over publishing classified documents

The Washington Post reports: The Justice Department has all but concluded it will not bring charges against WikiLeaks founder Julian Assange for publishing classified documents because government lawyers said they could not do so without also prosecuting U.S. news organizations and journalists, according to U.S. officials.

The officials stressed that a formal decision has not been made, and a grand jury investigating WikiLeaks remains impaneled, but they said there is little possibility of bringing a case against Assange, unless he is implicated in criminal activity other than releasing online top-secret military and diplomatic documents.

The Obama administration has charged government employees and contractors who leak classified information — such as former National Security Agency contractor Edward Snowden and former Army intelligence analyst Bradley Manning — with violations of the Espionage Act. But officials said that although Assange published classified documents, he did not leak them, something they said significantly affects their legal analysis.

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The last thing the world needs is Congress thwarting historic U.S.-Iran nuclear deal

Lawrence Wilkerson and Kate Gould write: The nuclear deal that the US just struck with Iran is nothing short of historic. This agreement is a victory for everyone who wants to prevent a nuclear-armed Iran and a catastrophic war.

The deal is one of the many triumphs that have resulted from the great American tradition of negotiating with adversaries to advance US interests. President Kennedy’s talks with Premier Khrushchev delivered the world from the brink of nuclear war. Ten years later, President Nixon’s visit to Mao’s China revolutionized the US role in Asia, and the world. A decade later, President Reagan’s diplomatic engagement of President Gorbachev achieved historic nuclear arms reductions.

UN weapons inspectors are now on track to peacefully disarm Syria of its chemical weapons because Washington was willing to engage the Syrian regime through diplomacy with Moscow, rather than through Tomahawk cruise missiles. And under the deal reached in Geneva this weekend, Iran will stop advancing its nuclear program for the first time in nearly a decade.

Iran’s nuclear program will now be under an expanded inspections regime to help ensure that Iran’s nuclear program is used for purely peaceful purposes. In exchange, Iran will receive modest sanctions relief.

Make no mistake: this is a good deal, and it should be protected so that our diplomats have the space to negotiate a final agreement to prevent war and a nuclear-armed Iran once and for all.

That is why former secretary of state Madeleine Albright and former national security advisors Zbigniew Brzezinski and Brent Scowcroft have already endorsed the deal. These three most pre-eminent national security officials have cautioned Congress against pushing for new sanctions that could sabotage the tremendous progress that our diplomats have achieved. [Continue reading…]

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Obama has leeway on Iran, despite U.S. lawmakers’ concerns

Reuters reports: Republican and Democratic U.S. senators on Sunday voiced skepticism about an interim nuclear deal reached with Iran but Congress looked likely to give President Barack Obama room to see if the agreement works.

The deal does not need to be ratified by Congress and Obama is using his executive power to temporarily suspend some existing U.S. sanctions on Iran.

Senators have been discussing for months imposing even tighter sanctions, which could anger Tehran and put Sunday’s deal reached in Geneva in jeopardy.

But influential Democrats – who control the Senate – made clear that any new sanctions against Iran would include a six-month window before they took effect.

That would allow time to see if Iran is sticking by the pact, worked out between Tehran, the United States and other world powers.

“It is a choice between a pause or imminent war. I choose a verifiable pause,” Senator Bill Nelson, a Democrat from Florida said.

Influential Democratic Senator Robert Menendez, who is known as a hawk on Iran, said forthcoming legislation would “provide for a six-month window to reach a final agreement before imposing new sanctions on Iran.” [Continue reading…]

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A nuclear deal to which no one can reasonably object

Fred Kaplan writes: The Iranian nuclear deal struck Saturday night is a triumph. It contains nothing that any American, Israeli, or Arab skeptic could reasonably protest. Had George W. Bush negotiated this deal, Republicans would be hailing his diplomatic prowess, and rightly so.

A few weeks ago, a “senior administration official” outlined the agreement that President Obama hoped to achieve in Geneva. Some reporters who heard the briefing (including me) thought that the terms were way too one-sided, that the Iranians would never accept them. Here’s the thing: The deal just signed by Iran and the P5+1 nations (the United States, Britain, France, Russia, and China plus Germany) is precisely the hoped-for deal laid out at that briefing.

It is an interim agreement, not a treaty (which means, among other things, that it doesn’t require Senate ratification). It is meant as a first step toward a comprehensive treaty to be negotiated in the next six months. More than that, it expires in six months. In other words, if Iran and the other powers can’t agree on a follow-on accord in six months, nobody is stuck with a deal that was never meant to be permanent. There is no opportunity for traps and trickery.

Meanwhile, Iran has to do the following things: halt the enrichment of all uranium above 5 percent and freeze the stockpile of uranium enriched to 3.5 percent; neutralize its stockpile of uranium that’s been enriched to 20 percent (either by diluting it to 5 percent purity or converting it to a form that cannot be used to make a weapon); stop producing, installing, or modernizing centrifuges; stop constructing more enrichment facilities; halt all activities at the Arak nuclear reactor (which has the potential to produce nuclear weapons made of plutonium); permit much wider and more intrusive measures of verification by the International Atomic Energy Agency, including daily inspections of all facilities.

Without going into a lot of technical detail (which can be read here), the point is this: The agreement makes it impossible for the Iranians to make any further progress toward making a nuclear weapon in the next six months—and, if the talks break down after that, and the Iranians decide at that point to start building a nuclear arsenal, it will take them much longer to do so. [Continue reading…]

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New U.S. sanctions would spell ‘end of deal’ to limit nuclear program

NBC News reports: Iran will not honor the nuclear agreement it just signed with the United States and other world powers if Congress imposes new sanctions, Iran’s foreign minister told NBC News after the deal was announced.

“If there are new sanctions, then there is no deal. It’s very clear. End of the deal. Because of the inability of one party to maintain their side of the bargain,” Foreign Minister Javad Zarif said during an exclusive interview with NBC News.

After four days of marathon bargaining, on Sunday the United States and its allies agreed to offer Iran “modest relief” from harsh economic sanctions and access to a portion of the revenue that the country has been denied through these sanctions. In exchange, Iran will give inspectors broader access to nuclear sites and allow spontaneous inspections.

If NBC News actually read the text of the agreement, they would not be reporting “Iran’s foreign minister told NBC News.” They would have seen it in black and white:

The U.S. Administration, acting consistent with the respective roles of the President and the Congress, will refrain from imposing new nuclear-related sanctions.

Can the crazy people on Capitol Hill exercise some restraint over the coming months? We’ll see.

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Surveillance goes on trial

An editorial in the New York Times says: There was a lot that was ordinary about the hearing in Courtroom 20B of the Manhattan federal courthouse on Friday morning: a team of lawyers at the plaintiff’s table, spectators in the gallery. What was extraordinary was the defendant, the United States government, and the lawsuit it is facing over the National Security Agency’s seven-year-old, once top-secret phone-surveillance program, which until this week it never had to defend in open court.

Until Edward Snowden, a disaffected N.S.A. contractor, came along and documented the stunning scope of the phone program — which vacuums up information about every call made in the United States every day for the purpose of identifying possible terror suspects — intelligence and law-enforcement officials were accustomed to operating in the friendlier confines of the Foreign Intelligence Surveillance Court.

That is not a court by any standard definition. A rotating slate of federal judges considers secret warrant applications from the government and issues secret opinions, without hearing any opposing argument. In 2012, the court approved 1,855 of 1,856 requests that came before it.

The environment on Friday was very different, as lawyers for the A.C.L.U. vigorously contested the legality of the phone-data sweep, and Federal District Judge William Pauley III expressed a proper skepticism of the government’s claim that the program raised no constitutional concerns. When a government lawyer argued that Congress twice reauthorized the Patriot Act section under which the phone program has been approved, Judge Pauley reminded him that several members of Congress have said publicly they were not made aware of what was in the program. Others have said they believe it is being abused.

The A.C.L.U., which filed its suit days after the revelation of the phone-data sweep, called the program a “vast dragnet” that violates both federal law and the Constitution. The fact that the government must show a higher level of suspicion before it can examine a specific call’s data is irrelevant, the group’s lawyers said. The collection of so much data on millions of innocent Americans is itself an unconstitutional search, they argued, and under the government’s theory, the power to collect even more is “absolutely without limit.”

In the wake of the Snowden disclosures and the ensuing public debate, the agency and the intelligence court have declassified some rulings and other documents in an attempt to justify the various surveillance programs. But far from providing comfort, the releases have only highlighted the dubious grounds on which the programs have been approved, and how often and how systematically the N.S.A. violates the court’s orders.

However Judge Pauley and the other federal judges facing similar litigation eventually rule, the most important reforms to the programs must come from Congress, which has the power to end or drastically curtail the bulk data collection and to strengthen oversight and transparency of an agency that needs much more of both.

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House intel bill adds $75 million to NSA budget to stop future Snowdens

Ars Technica reports: On Thursday, the House Intelligence Committee approved a spending bill to fund the National Security Agency and other intelligence organizations. Included in the bill is a provision that would set aside $75 million for the NSA to improve its internal security and mitigate insider threats to classified material. In other words, the bill seeks to prevent future Edward Snowdens.

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The FBI files on being and nothingness

Andy Martin writes: I was leafing through some FBI files on French philosophers when a new candidate for occupancy of the populous Grassy Knoll in Dallas leapt out at me. To the massed ranks of the CIA, the Mafia, the KGB, Castro, Hoover, and LBJ, we can now add: Jean-Paul Sartre. FBI and State Department reports of the 1960s had drawn attention to Sartre’s membership of the Fair Play for Cuba Committee, of which Lee Harvey Oswald was also a member. And — prophetically? — Sartre had “dismissed the US as a headless nation.” Naturally I rushed around trying to work out exactly where Sartre might have been on 22nd November 1963. Could he, after all, have been the Second Shooter? Suddenly all the pieces started to fall into place.

But subsequent references in the main Oswald file showed that the FBI, although generally perturbed by the “Leftist tendencies” of Sartre, and his association with Communists, Castro, and Bertrand Russell, were specifically concerned that he was now — in addition to protesting against US involvement in Vietnam — threatening to “take an active part in the French Who Killed Kennedy Committee” (according to an article in the Washington Post of 14th June 1964). The FBI was wedded to the Lone Gunman theory. The emphasis of their interest in Sartre, then, was not on whether he had participated in any conspiracy, but rather that he was a believer in conspiracy theory and “supported the position that Oswald was not the true assassin of President Kennedy.”

The FBI had been keeping an eye on Sartre from as early as 1945. Soon after, they began to investigate his contemporary, Albert Camus. On 7th February, 1946, John Edgar Hoover, director of the FBI, wrote a letter to “Special Agent in Charge” at the New York field office, drawing his attention to one ALBERT CANUS, “reportedly the New York correspondent of Combat [who] has been filing inaccurate reports which are unfavorable to the public interest of this country.” Hoover gave orders “to conduct a preliminary investigation to ascertain his background, activities and affiliations in this country.” One of Hoover’s underlings had the guts to inform the director that “the subject’s true name is ALBERT CAMUS, not ALBERT CANUS” (diplomatically hypothesizing that “Canus” was probably an alias he had cunningly adopted).

The irony that emerges from the FBI files on Camus and Sartre, spanning several decades (and which, still partly redacted, I accessed thanks to the open-sesame of the Freedom of Information Act) is that the G-men, initially so anti-philosophical, find themselves reluctantly philosophizing. They become (in GK Chesterton’s phrase) philosophical policemen. [Continue reading…]

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Toxic mix of frustration and aggravation among U.S. officers controlling nuclear weapons

The Associated Press reports: Trouble inside the Air Force’s nuclear missile force runs deeper and wider than officials have let on.

An unpublished study for the Air Force, obtained by The Associated Press, cites “burnout” among launch officers with their fingers on the triggers of 450 weapons of mass destruction. Also, evidence of broader behavioral issues across the intercontinental ballistic missile force, including sexual assaults and domestic violence.

The study, provided to the AP in draft form, says that court-martial rates in the nuclear missile force in 2011 and 2012 were more than twice as high as in the overall Air Force. Administrative punishments, such as written reprimands for rules violations and other misbehavior, also were higher in those years.

These indicators add a new dimension to an emerging picture of malaise and worse inside the ICBM force, an arm of the Air Force with a proud heritage but an uncertain future.

Concerned about heightened levels of misconduct, the Air Force directed RAND Corp., the federally funded research house, to conduct a three-month study of work conditions and attitudes among the men and women inside the ICBM force. It found a toxic mix of frustration and aggravation, heightened by a sense of being unappreciated, overworked, micromanaged and at constant risk of failure.

Remote and rarely seen, the ICBM force gets little public attention. The AP, however, this year has documented a string of missteps that call into question the management of a force that demands strict obedience to procedures. [Continue reading…]

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Sen. Mark Kirk’s unshakable loyalty to Israel

Eli Clifton and Ali Gharib report: During an invitation-only phone briefing for supporters, one of the Senate’s top Iran hawks relished his battle with the Obama administration over the imposition of more sanctions against Iran amid the latest round of diplomatic negotiations underway in Geneva. During the call, Sen. Mark Kirk, R-Ill., reserved special attacks for Secretary of State John Kerry and lead U.S. negotiator Under Secretary of State Wendy Sherman.

“It’s the reason why I ran for the Senate, [it] is all wrapped up in this battle. I am totally dedicated to the survival of the state of Israel in the 21st century,” said Kirk, whose office framed the call as an update on Iran’s nuclear program and Kirk’s efforts to pass additional sanctions. “This has been very much a one-senator show, unfortunately,” he said of his confrontational, public approach.

Kirk is leading the Republican effort to introduce new sanctions in the Senate. Along with six co-sponsors, Kirk on Tuesday announced his intention to introduce amendments to the National Defense Authorization Act, the annual bill that budgets for the military, that would increase sanctions on Iran and impose restrictions on any possible interim nuclear deal with Iran. The effort is currently being held up by the upper chamber’s Democratic leadership.

The 28-minute phone call with Kirk, which occurred on Monday afternoon, was by invitation only, but Salon reporters obtained an invitation and RSVPed by name to Kirk for Senate finance director Barret Kedzior. [Continue reading…]

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Meet the spies doing the NSA’s dirty work

Shane Harris writes: With every fresh leak, the world learns more about the U.S. National Security Agency’s massive and controversial surveillance apparatus. Lost in the commotion has been the story of the NSA’s indispensable partner in its global spying operations: an obscure, clandestine unit of the Federal Bureau of Investigation that, even for a surveillance agency, keeps a low profile.

When the media and members of Congress say the NSA spies on Americans, what they really mean is that the FBI helps the NSA do it, providing a technical and legal infrastructure that permits the NSA, which by law collects foreign intelligence, to operate on U.S. soil. It’s the FBI, a domestic U.S. law enforcement agency, that collects digital information from at least nine American technology companies as part of the NSA’s Prism system. It was the FBI that petitioned the Foreign Intelligence Surveillance Court to order Verizon Business Network Services, one of the United States’ biggest telecom carriers for corporations, to hand over the call records of millions of its customers to the NSA.

But the FBI is no mere errand boy for the United States’ biggest intelligence agency. It carries out its own signals intelligence operations and is trying to collect huge amounts of email and Internet data from U.S. companies — an operation that the NSA once conducted, was reprimanded for, and says it abandoned.

The heart of the FBI’s signals intelligence activities is an obscure organization called the Data Intercept Technology Unit, or DITU (pronounced DEE-too). The handful of news articles that mentioned it prior to revelations of NSA surveillance this summer did so mostly in passing. It has barely been discussed in congressional testimony. An NSA PowerPoint presentation given to journalists by former NSA contractor Edward Snowden hints at DITU’s pivotal role in the NSA’s Prism system — it appears as a nondescript box on a flowchart showing how the NSA “task[s]” information to be collected, which is then gathered and delivered by the DITU. [Continue reading…]

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Friedman on the Israel lobby’s effort to block a deal with Iran

Thomas Friedman writes: Never have I seen Israel and America’s core Arab allies working more in concert to stymie a major foreign policy initiative of a sitting U.S. president, and never have I seen more lawmakers — Democrats and Republicans — more willing to take Israel’s side against their own president’s. I’m certain this comes less from any careful consideration of the facts and more from a growing tendency by many American lawmakers to do whatever the Israel lobby asks them to do in order to garner Jewish votes and campaign donations.

That said, I don’t mind Prime Minister Bibi Netanyahu of Israel and King Abdullah of Saudi Arabia going ballistic — in stereo — over this proposed deal. It gives Kerry more leverage. Kerry can tell the Iranians: “Look, our friends are craaaaaazzzy. And one of them has a big air force. You better sign quick.”

No, I don’t begrudge Israel and the Arabs their skepticism, but we still should not let them stop a deal. If you’re not skeptical about Iran, you’re not paying attention. Iran has lied and cheated its way to the precipice of building a bomb, and without tough economic sanctions — sanctions that President Obama engineered but which Netanyahu and the Arab states played a key role in driving — Iran would not be at the negotiating table.

It’s good to see Friedman again acknowledging the influence of the Israel lobby and not surprising that like so many others he repeats the trope that sanctions forced Iran to negotiate, but as Hossein Mousavian points out, the actual effect of sanctions has been the opposite of their intended effect:

Contrary to the claims of some US lawmakers and Israeli officials, sanctions only caused a dramatic rise in nuclear capability, as Tehran sought to show it would not respond to pressure. Before, Iran was enriching uranium to below 5 per cent at one site with 3,000 centrifuges and possessed a minute stockpile of enriched uranium. Today, it is enriching to 20 per cent at two sites with 19,000 centrifuges. It has a stockpile of 8,000kg of enriched uranium and more sophisticated centrifuges.

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Video: ‘November 22, 1963’

Errol Morris writes: Josiah “Tink” Thompson, the subject of this Op-Doc, graduated from Yale in 1957, became a demolitions expert and frogman for the Navy, and then returned to Yale to get his Ph.D. on the Danish philosopher Soren Kierkegaard.

The Kennedy assassination changed Tink’s life. In 1967, he was an assistant professor of philosophy at Haverford, when he published “Six Seconds in Dallas.” Short, simple and quietly convincing, it is still one of the best books written about the assassination.

Ten years later, Tink left academia and became a private detective in Northern California. Now he has returned to what has haunted him for 50 years: Frame #313 of the Zapruder film, and our inability to come up with a definitive account of what happened in Dallas.

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New Iran sanctions not likely while nuclear talks still in progress, key senators say

The Washington Post reports: Lawmakers acknowledged Tuesday that they were unlikely to impose new economic sanctions on Iran while sensitive nuclear talks are underway, removing a potential obstacle to a diplomatic settlement that U.S. officials say could come within days.

The decision to delay action on new sanctions came as a new Washington Post-ABC News poll showed widespread approval for a deal with Iran, even if that deal means lifting some of the economic restrictions that have helped force Iran to the negotiating table.

A bipartisan group of senators emerged from a two-hour White House meeting saying there would likely be no vote this week on proposed new sanctions targeting Iran’s oil industry. Still, some lawmakers continue to push to ratchet up the pressure on Iran, despite warnings that such a move could prompt the country’s representatives to abandon international negotiations scheduled to resume Wednesday in Geneva.

“People are concerned that we’re giving up some leverage,” Sen. Bob Corker (Tenn.), the ranking Republican on the Senate Foreign Relations Committee, told reporters after the White House meeting.

The agreement to delay a sanctions vote came as diplomats from the United States, Iran and five other countries arrived in Geneva for the start of potentially decisive negotiations on the future of Iran’s nuclear program. Diplomats — after coming close to a deal two weeks ago — are seeking to finalize what U.S. officials describe as a first step in a comprehensive agreement on permanent limits to Iran’s nuclear capabilities. [Continue reading…]

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The NSA overreach poses a serious threat to our economy

Rep. Jim Sensenbrenner writes: Technology companies revolutionized the global economy by creating an interconnected, high-speed international marketplace.

Internet and telecommunication companies empower businesses to conduct complex transactions and connect with customers, clients and governments across the globe, placing a premium on privacy, accountability and transparency. These principles are the currency of their success, because as private citizens, we entrust these companies with very personal information.

The overreach by the National Security Agency (NSA) does more than infringe on American civil liberties. It poses a serious threat to our economic vitality. Reports from the business community are clear: indiscriminate collection of data by the NSA damages American companies’ growth, credibility, competitive advantage and bottom line.

US companies seeking to expand to lucrative markets in Europe and Asia will find regulatory environments much less receptive to mergers and acquisitions because of NSA programs. German regulatory officials have made it clear, for instance, that AT&T, a massive American telecommunications company that provided customer telephone numbers to the NSA as ordered by the Foreign Intelligence Surveillance Court (known as the Fisa court), would undergo intense scrutiny to ensure it complies with German privacy laws before it can acquire a German telecommunications company. This mandate would certainly impede efforts to expand its presence in the region. [Continue reading…]

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Iranian human rights activists blast Congress’s sanctions push

Ali Gharib writes: Many Iran hawks in Washington claim the mantle of human rights advocacy in their push for ever harsher measures against the Islamic Republic, up to and sometimes including the use of military force against Iran’s nuclear facilities. But there’s a disconnect: While D.C.’s Iran hawks never relent in their push for more sanctions, human rights activists working inside and outside Iran feel that sanctions are impinging on their work. That’s the backdrop for the push by the Obama administration to get Congress to hold off on more sanctions. But Members of Congress, especially from the Republican right, appear poised to press on in their quest to further cripple the Iranian economy.

“Adding more sanctions at this stage in the negotiations, when there is a lot of hope about the fate of nuclear talks with Iran, is tantamount to sabotage,” said Hadi Ghaemi, the head of the International Campaign for Human Rights in Iran, in a statement released by the group today. “The idea of adding more sanctions at this crucial point in the negotiations disappoints millions of Iranians who are hopeful these talks will lead to a compromise and help lift the sanctions, and sounds like a drumbeat leading to war.”

The release singled out a statement by Sen. Mark Kirk, one of Congress’s most avid Iran hawks, to reporters: “How do you define an Iranian moderate? An Iranian who is out of bullets and out of money.” The line refers to Iran’s moderate President Hassan Rouhani. While Iran’s elections are deeply flawed—only regime-approved candidates can run—it’s worth noting that Rouhani was not Supreme Leader Ali Khamenei’s choice for president. “The 18 million Iranians who defied the odds and voted for change in this year’s presidential elections might take issue with Senator Kirk’s insulting characterization,” noted Jamal Abdi, of the National Iranian American Council, a U.S.-based group that opposes new sanctions, in a press release.

Laying bare Kirk’s cynical attack on Iranian moderates requires only remembering his plea for Iran to free the Green movement leaders under house arrest; both Mir Hossien Mousavi and Mehdi Karroubi, while reformers, were also stalwarts of the Islamic Republic. And Kirk has made impolitic statements before: In 2011, he said, “It’s okay to take the food out of the mouths” of ordinary Iranians to punish them for the acts of their government. [Continue reading…]

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