Category Archives: US government

America is now fighting a proxy war with itself in Syria

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Mike Giglio reports: American proxies are now at war with each other in Syria.

Officials with Syrian rebel battalions that receive covert backing from one arm of the U.S. government told BuzzFeed News that they recently began fighting rival rebels supported by another arm of the U.S. government.
The infighting between American proxies is the latest setback for the Obama administration’s Syria policy and lays bare its contradictions as violence in the country gets worse.

The confusion is playing out on the battlefield — with the U.S. effectively engaged in a proxy war with itself. “It’s very strange, and I cannot understand it,” said Ahmed Othman, the commander of the U.S.-backed rebel battalion Furqa al-Sultan Murad, who said he had come under attack from U.S.-backed Kurdish militants in Aleppo this week.

Furqa al-Sultan Murad receives weapons from the U.S. and its allies as part of a covert program, overseen by the CIA, that aids rebel groups struggling to overthrow the government of Syrian president Bashar al-Assad, according to rebel officials and analysts tracking the conflict.

The Kurdish militants, on the other hand, receive weapons and support from the Pentagon as part of U.S. efforts to fight ISIS. Known as the People’s Protection Units, or YPG, they are the centerpiece of the Obama administration’s strategy against the extremists in Syria and coordinate regularly with U.S. airstrikes. [Continue reading…]

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The technical reasons the FBI’s claim, ‘just this one phone,’ is bogus

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Jonathan Zdziarski, an expert in iOS forensics, writes: For years, the government could come to Apple with a subpoena and a phone, and have the manufacturer provide a disk image of the device. This largely worked because Apple didn’t have to hack into their phones to do this. Up until iOS 8, the encryption Apple chose to use in their design was easily reversible when you had code execution on the phone (which Apple does). So all through iOS 7, Apple only needed to insert the key into the safe and provide FBI with a copy of the data.

This service worked like a “black box”, and while Apple may have needed to explain their methods in court at some point, they were more likely considered a neutral third party lab as most forensics companies would be if you sent them a DNA sample. The level of validation and accountability here is relatively low, and methods can often be opaque; that is, Apple could simply claim that the tech involved was a trade secret, and gotten off without much more than an explanation. An engineer at Apple could hack up a quick and dirty tool to dump disk, and nobody would need to ever see it because they were providing a lab service and were considered more or less trade secrets.

Now lets contrast that history with what FBI and the courts are ordering Apple to do here. FBI could have come to Apple with a court order stating they must brute force the PIN on the phone and deliver the contents. It would have been difficult to get a judge to sign off on that, since this quite boldly exceeds the notion of “reasonable assistance” to hack into your own devices. No, to slide this by, FBI was more clever. They requested that Apple developed a forensics tool but did not do the actual brute force themselves. [Continue reading…]

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U.S. strikes ISIS in Libya, more than 40 dead

Reuters reports: U.S. warplanes carried out air strikes against Islamic State-linked militants in western Libya on Friday, killing as many as 40 people in an operation targeting a suspect linked to two deadly attacks last year in neighbouring Tunisia.

It was the second U.S. air strike in three months against Islamic State in Libya, where the hardline Islamist militants have exploited years of chaos following Muammar Gaddafi’s 2011 overthrow to build up a presence on the southern shores of the Mediterranean Sea.

The mayor of the Libyan city of Sabratha, Hussein al-Thwadi, told Reuters the planes struck at 3:30 a.m. (0130 GMT), hitting a building in the city’s Qasr Talil district, home to many foreign workers.

He said 41 people had been killed and six wounded. The death toll could not immediately be confirmed with other officials. [Continue reading…]

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The archaic All Writs Act the government is using to try and unlock a terrorist’s iPhone

The Washington Post reports: The U.S. government and Apple are locked in a legal battle over unlocking an iPhone used by one of the San Bernardino shooters. But a new court order is throwing a law that dates to the days of the founding fathers into a high-tech debate over digital security.

On Tuesday, a U.S. magistrate judge in California ordered Apple to provide “reasonable technical assistance” to the government as it tries to bypass security features built into its products based on an interpretation of the “All Writs Act.”

The original form of that statute dates to the Judiciary Act of 1789, centuries before the iPhone was a twinkle in Steve Jobs’s eye. In its current form, the law gives federal courts the power to “issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.”

Basically, it’s “a very short, cryptic statute” that gives the courts “all sorts of incidental powers” to require things not specifically covered by other laws, according to Stephen Vladeck, a law professor at American University.

In the past, the act has been used to compel non-parties — like service providers of tech companies — to help in criminal investigations, Vladeck said. But that help has typically been limited to straightforward requests, like activating or turning off particular features and using systems that are already in place, he said.

The new order is different: It tells Apple to help the government by creating an entirely new software to help investigators bypasses security features. “That requires Apple to go much further than any company has ever been required to go in one of these cases,” said Vladeck. [Continue reading…]

Last October, Jennifer Granick and Riana Pfefferkorn wrote: Under the government’s interpretation of the All Writs Act, anyone who makes software could be dragooned into assisting the government in investigating users of the software. If the court adopts this view, it would give investigators immense power. The quotidian aspects of our lives increasingly involve software (from our cars to our TVs to our health to our home appliances), and most of that software is arguably licensed, not bought. Conscripting software makers to collect information on us would afford the government access to the most intimate information about us, on the strength of some words in some license agreements that people never read. (And no wonder: The iPhone’s EULA came to over 300 pages when the government filed it as an exhibit to its brief.)

The government’s brief does not acknowledge the sweeping implications of its arguments. It tries to portray its requested unlocking order as narrow and modest, because it “would not require Apple to make any changes to its software or hardware, … [or] to introduce any new ability to access data on its phones. It would simply require Apple to use its existing capability to bypass the passcode on a passcode-locked iOS 7 phone[.]” But that undersells the implications of the legal argument the government is making: that anything a company already can do, it could be compelled to do under the All Writs Act in order to assist law enforcement. [Continue reading…]

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How a New York judge inspired Apple’s encryption fight

Reuters reports: Last October, prosecutors from the Justice Department asked a federal magistrate judge in Brooklyn to issue an order directing Apple to help the Drug Enforcement Administration bust security on an iPhone 5 seized from the home of Jun Feng, a suspected meth dealer.

The government had previously obtained many such orders against Apple and other companies under the All Writs Act, a 1789 statute that grants federal courts broad power to issue “necessary or appropriate” writs.

The act has been a powerful tool for prosecutors since 1977, when the U.S. Supreme Court ruled in U.S. v. New York Telephone that the All Writs Act extends, under certain conditions, to private companies in a position to assist “the proper administration of justice.”

Apple has a long history of compliance with All Writs Act orders. The company helped New York investigators extract data from a suspected child sex abuser’s iPhone in 2008; rushed a data extraction in 2013 from the phone of an alleged child pornographer in Washington; and in 2015 provided federal agents in Florida with data the company extracted from a drug suspect’s phone.

According to a Justice Department brief filed last fall, Apple never objected to All Writs Act orders in those cases – nor, for that matter, to any All Writs Act order directing the company to help federal investigators break into iPhones.

Apple’s policy of acquiescence abruptly changed in the Jun Feng case last year. And for all of the attention now focused on Apple’s announced opposition to a newly issued All Writs Act order directing the company to help Justice Department investigators break the passcode on an iPhone belonging to San Bernardino shooter Syed Farook, the Feng case is quite likely to produce a ruling before the Farook case.

The impending showdown over Farook’s phone is an irresistibly stark depiction of the competing interests of individual privacy and national security. But keep your eye on precedent from Feng. [Continue reading…]

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FBI’s push to ‘fix a typo’ would really expand its surveillance authority

Robyn Greene writes: At last week’s Senate Intelligence Committee hearing on Worldwide Threats, FBI Director James Comey reiterated his call for a major expansion of the FBI’s surveillance authorities, but disingenuously downplayed it as fixing a “typo” in the law. In fact, Comey’s proposed fix, which he calls one of the FBI’s top legislative priorities, would be a major expansion of surveillance authority, and a major hit to Americans’ privacy and civil liberties. It would grant the FBI access to a range of revealing and personal details about Americans’ online communications — what are called Electronic Communications Transactional Records (ECTR), in legalese — without court approval.

Through Comey’s “ECTR fix,” the FBI would have the unilateral authority to obtain information from phone and Internet companies about your online communications such as logs of emails you send and receive, cell site data (including your location information), and lists of websites you visit. The FBI wants to get this information using National Security Letters (NSLs), which are demands for information issued directly by local FBI offices without any court approval or supervision.

Under current law, the FBI can only use NSLs to get information pertaining to a customer’s “name, address, length of service, and local and long distance toll billing records of a person or entity.” By contrast, if the FBI wants to compel a company to hand over the much more revealing private information that is included in ECTRs, they currently can’t use NSLs — instead, they have to get a court order after convincing a judge that they have a factual basis for demanding those records. Therefore, the FBI’s proposal that Congress add ECTRs to the NSL statute is far from a typo fix, and would instead be a major expansion of FBI’s authority to conduct surveillance with virtually no oversight and no accountability. [Continue reading…]

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Apple’s stance highlights a more confrontational tech industry

Farhad Manjoo writes: The battle between Apple and law enforcement officials over unlocking a terrorist’s smartphone is the culmination of a slow turning of the tables between the technology industry and the United States government.

After revelations by the former National Security Agency contractor Edward J. Snowden in 2013 that the government both cozied up to certain tech companies and hacked into others to gain access to private data on an enormous scale, tech giants began to recognize the United States government as a hostile actor.

But if the confrontation has crystallized in this latest battle, it may already be heading toward a predictable conclusion: In the long run, the tech companies are destined to emerge victorious.

It may not seem that way at the moment. On the one side, you have the United States government’s mighty legal and security apparatus fighting for data of the most sympathetic sort: the secrets buried in a dead mass murderer’s phone. The action stems from a federal court order issued on Tuesday requiring Apple to help the F.B.I. unlock an iPhone used by one of the two attackers who killed 14 people in San Bernardino, Calif., in December.

In the other corner is the world’s most valuable company, whose chief executive, Timothy D. Cook, has said he will appeal the court’s order. Apple argues that it is fighting to preserve a principle that most of us who are addicted to our smartphones can defend: Weaken a single iPhone so that its contents can be viewed by the American government and you risk weakening all iPhones for any government intruder, anywhere.

There will probably be months of legal tussling, and it is not at all clear which side will prevail in court, nor in the battle for public opinion and legislative favor.

Yet underlying all of this is a simple dynamic: Apple, Google, Facebook and other companies hold most of the cards in this confrontation. They have our data, and their businesses depend on the global public’s collective belief that they will do everything they can to protect that data. [Continue reading…]

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Apple encryption case risks influencing Russia and China, privacy experts say

The Guardian reports: Authoritarian governments including Russia and China will demand greater access to mobile data should Apple lose a watershed encryption case brought by the FBI, leading technology analysts, privacy experts and legislators have warned.

Apple’s decision to resist a court order to unlock a password-protected iPhone belonging to one of the San Bernardino killers has created a worldwide privacy shockwave, with campaigners around the world expecting the struggle to carry major implications for the future of mobile and internet security. They warned that Barack Obama’s criticism of a similar Chinese measure last year now risked ringing hollow.

Senator Ron Wyden of Oregon, a leading legislator on privacy and tech issues, warned the FBI to step back from the brink or risk setting a precedent for authoritarian countries.

“This move by the FBI could snowball around the world. Why in the world would our government want to give repressive regimes in Russia and China a blueprint for forcing American companies to create a backdoor?” Wyden told the Guardian.

“Companies should comply with warrants to the extent they are able to do so, but no company should be forced to deliberately weaken its products. In the long run, the real losers will be Americans’ online safety and security.” [Continue reading…]

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How Scalia’s death might help our planet

Eric Holthaus writes: Supreme Court Justice Antonin Scalia’s death at a remote Texas ranch has triggered a political earthquake and instantly changes the outlook for a host of high-profile issues the court is currently considering. But perhaps none of these are as consequential as the fate of the planet itself. As Climate Central’s John Upton wrote, “in dying, Scalia may have done more to support global climate action than most people will do in their lifetimes.”

Scalia’s death comes just days after the Supreme Court issued an unprecedented stay that temporarily blocked the implementation of the Clean Power Plan, Obama’s centerpiece climate legislation. The Clean Power Plan isn’t perfect, but it was on pace to double the already accelerating rate of coal-fired power plant retirements by 2040. Last week’s surprising action by the Supreme Court — dubbed a “nightmare scenario” by the Hill — raised substantial fears among environmentalists that the court’s conservatives might eventually block the Clean Power Plan completely. At the very least, the stay buys some time for Republican hopefuls in this year’s presidential election; if one were to win, he could just cancel the executive order that launched the plan in the first place.

The stay is still in place, but the climate law experts I talked to say Scalia’s death greatly boosts the eventual survival chances of the Clean Power Plan. A 4-4 court would guarantee that the lower court ruling would stand—and the D.C. Circuit Court is expected to approve the plan. [Continue reading…]

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Russia agrees to ‘ceasefire’ during which it will continue bombing Syria

Syria Deeply reports: World powers agreed Friday to the “cessation of hostilities” in Syria in one week and to redouble efforts to deliver humanitarian aid to civilians across the country, but failed to secure a nationwide ceasefire or an end to Russian bombing.

U.S. Secretary of State John Kerry announced the deal in Munich shortly after a marathon meeting with top diplomats from more than a dozen countries, including Russia, to push forward a ceasefire deal and to resurrect peace talks that collapsed last week.

“First, we have agreed to accelerate and expand the delivery of humanitarian aid beginning immediately,” Kerry told reporters.

“Second, we have agreed to implement a nationwide cessation of hostilities to begin in a target of one week’s time. That’s ambitious, but everybody is determined to move as rapidly as possible to try to achieve this.”

Kerry was quick to acknowledge that the meeting produced commitments on paper only.

“What we need to see in the next few days are actions on the ground, in the field,” he said, adding that “without a political transition, it is not possible to achieve peace.”

Russian foreign minister Sergei Lavrov said that Moscow would not halt its air raids in Syria, saying the cessation of hostilities did not apply to the Islamic State group (ISIS) and the al-Nusra Front, the al-Qaida affiliate in Syria.

Diplomats from the U.S. and the E.U. have said very few of Russia’s air raids have targeted Islamic extremist groups; instead, they have primarily targeted western-backed rebel groups seeking to oust President Bashar al-Assad. [Continue reading…]

The Washington Post reports: Russian warplanes resumed their bombardment of rebel positions across Syria within hours of the deal, striking areas in the countryside around the northern city of Aleppo in support of a 10-day-old government offensive to lay siege to the city.

In Brussels, Russian Foreign Minister Sergei Lavrov told reporters that Moscow would continue its attacks against groups including the Islamic State.

The Russians have repeatedly said that they consider a number of Islamist groups fighting within the opposition to be “terrorist,” and have used this formulation to justify air attacks that have largely targeted the anti-Assad opposition.

Under the agreement, the United States and Russia will chair a task force to adjudicate questions about where and when bombing is permitted. But it remains unclear how those decisions will be made. [Continue reading…]

U.S. State Department: Statement of the International Syria Support Group

Meeting in Munich on February 11 & 12, 2016, as the International Syria Support Group (ISSG), the Arab League, China, Egypt, the EU, France, Germany, Iran, Iraq, Italy, Jordan, Lebanon, the Organization of Islamic Cooperation, Oman, Qatar, Russia, Saudi Arabia, Turkey, United Arab Emirates, the United Kingdom, the United Nations, and the United States decided that humanitarian access will commence this week to besieged areas, and an ISSG task force will within one week elaborate modalities for a nationwide cessation of hostilities. [Continue reading…]

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Syrian opposition see Obama’s support having been worthless

The New York Times reports: The United States and its allies have spent many millions of dollars backing Syrian opposition fighters they deem relatively moderate and secular, and civilian groups whose work on small businesses and local councils they billed as the cornerstone of Syria’s future.

But the very Syrians who benefited — and risked their lives in the process — now say that investment is in danger of going down the drain, and they see little urgency from Washington, diplomatic or military, to save it.

“What are you going to do, other than statements?” Zakaria Malahifji, the political chief of one of the largest rebel groups given weapons and salaries by the C.I.A. and its counterparts in several European and Arab states, demanded in a recent message to contacts at the French Embassy.

In nearly five years of war and insurrection, many Syrians have been repeatedly disillusioned by what they saw as a mismatch between tough American rhetoric against the Syrian government and comparatively modest efforts to aid some of its opponents. President Obama said President Bashar al-Assad must go, and drew a red line over the use of chemical weapons, but backed off on both, diminishing anti-government Syrians’ trust.

But the confusion and despair has reached a new level over the last week, as forces backing Mr. Assad have pushed farther north into Aleppo Province, sending tens of thousands of new refugees to the Turkish border. With insurgent groups losing troops and territory, their villages shattered by Russian warplanes, civilians and fighters have in recent days used phrases like “no hope,” “it’s finished” and “it’s over.”

“Bye-bye, revolution,” Abu al-Haytham, a spokesman for Thuwwar al-Sham, another rebel group supported through the C.I.A. program, said in a text message on Friday from Tal Rifaat, a town in northern Aleppo that is increasingly threatened by the government advance.

American-backed insurgents have long been used to the American stance in recent years, that the United States did not want them to actually win the war — lest a sudden toppling of Mr. Assad lead to Islamist rule — but wanted to prevent them from losing for long enough to pressure the government to negotiate for a political solution.

Now they fear that the United States and its allies may actually let them lose. [Continue reading…]

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The Supreme Court halted Obama’s climate change plan. This doesn’t bode well

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Scott Lemieux writes: Hours before New Hampshire’s primary voters made Donald Trump the favorite for the Republican presidential nomination Tuesday night – I can’t really believe this even as I type it – the US supreme court reminded us of why the upcoming presidential election is so important. On a party-line vote, the court temporarily stopped Barack Obama’s clean power plan from going into effect. This decision could well portend a future one that will have devastating consequences – not only for the climate but for the state of our lawmaking process.

The decision also underscores the urgency of the November elections in two ways: it will be a choice between a candidate who supports taking action against climate change and one who believes it should be ignored, and it will present a choice between a president who believes that the federal government has the authority to effectively regulate and one who believes that the supreme court should arbitrarily throw monkey wrenches into the political process. [Continue reading…]

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U.S. credibility is plummeting among Syrians and across the region

Josh Rogin writes: In the eyes of the Syrian opposition, Russia and Iran are making a mockery of the peace process, and Kerry’s reluctance to acknowledge this is putting them in deadly harm. It also creates more problems for America’s regional allies, aids the Islamic State and dims the prospects for future peace talks. “The failures of the negotiations end up lowering the credibility of the moderate opposition in front of the Syrian people,” said [Riyad] Hijab. [Hijab is leader of the High Negotiating Committee that represented the Syrian opposition at last week’s meetings in Geneva.] “United States credibility is plummeting within the population of Syria but also in the region as a whole.”

This week, it is Syrians near Aleppo who are paying the price. Regime forces, with Russian support, are advancing toward the Turkish border, threatening to cut off opposition groups and civilians from their source of aid. At least 35,000 people have joined the flood of refugees since the collapse of the talks, ahead of what many anticipate will be another in a long line of starvation sieges the regime is perpetrating on cities. Hijab said there are now 18 cities under siege, three more than when the talks began.

Moscow wants the peace talks to fail, Hijab said. He accused the Russian air force of using illegal cluster bombs indiscriminately against civilians. (Human rights groups support those claims.) “The situation has taken a horrible turn, specifically in terms of the scorched earth policy of the Russian aircraft and the way that they are bombing, literally destroying everything,” he said. “The other side has been moving to ensure the failure of any negotiation through horrendous bombardment.”

Hajib said the Obama administration is still pressuring the opposition to return to talks despite the ongoing offensive, but the opposition is insisting that Russia adhere by the UN resolutions first. In a press conference with reporters last week, Kerry said of the Syrian-Russian attacks on civilians, “It’s not going to stop just by whining about it.” He called on rebel leaders to return to the negotiating table. [Continue reading…]

While listening to U.S. State Department spokesmen John Kirby at yesterday’s press briefing, one might not have accused him of whining, but instead adopting President Obama’s standard position: a baseless confidence that whoever can make the most reasonable argument will win the day — as though politics conforms to the rules of a debating society.

Kerry and Obama must be very perplexed about how unreasonable it is that Russia regards bombing as more useful than diplomacy. But what is actually very unreasonable is the notion that anyone would be fooled by Washington’s toothless efforts at peacemaking.

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John Kerry keeps calling ISIS ‘apostates.’ Maybe he should stop

Adam Taylor writes: There may be no more globally divisive question over the past few years than whether the Islamic State is representative of the world’s global Muslim population or not. Speaking in Rome on Tuesday, U.S. Secretary of State John F. Kerry waded into this controversial debate yet again – and took a remarkably strong position for a Western leader.

“Daesh is in fact nothing more than a mixture of killers, of kidnappers, of criminals, of thugs, of adventurers, of smugglers and thieves,” Kerry said. “And they are also above all apostates, people who have hijacked a great religion and lie about its real meaning and lie about its purpose and deceive people in order to fight for their purposes.”

The use of the word “apostates” – a term to describe someone who renounces or abandons their religion – has raised eyebrows among observers. The description has been commonly used by extremist groups: The Islamic State has justified its attacks on Muslims with rhetoric that suggests these Muslims were apostates, which they view as a crime punishable by death.

On Twitter, Nasser Weddady, a popular online activist who grew up in Syria, mocked Kerry for his comment. Wedaddy and others also jokingly suggested that Kerry was a “takfiri,” a word used to describe a Sunni Muslim who accuses others of apostasy. [Continue reading…]

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Pentagon won’t say how many troops are fighting ISIS

The Daily Beast reports: In the war against the self-proclaimed Islamic State, there are two ways to count the number of U.S. boots on the ground. There’s the one that officials admit to. Then there’s the ground truth.

Officially, there are now 3,650 U.S. troops in Iraq, there primarily to help train the Iraqi national army.

But in reality, there are already about 4,450 U.S. troops in Iraq, plus another nearly 7,000 contractors supporting the American government’s operations. That includes almost 1,100 U.S. citizens working as military contractors, according to the latest Defense Department statistics. [Continue reading…]

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The U.S. is killing more civilians in Iraq and Syria than it acknowledges

Paul Wood and Richard Hall report: Al Gharra is a mud-brick village built on hard, flat Syrian desert and populated by the descendants of Bedouin. It is a desolate place. Everything is dun colored: the bare, single-story houses and the stony desert they stand on. There is not much farming — it is too dry — just a few patches of cotton and tobacco.

Before the war, villagers got a little money from the government to look after the national park on Mount Abdul-Aziz, a barren rock that rises 3,000 feet behind the village and stretches miles into the distance. Mount Abdul-Aziz is named after a lieutenant of the 12th-Century Muslim warrior Saladin, who built a fort to dominate the plain below. There is a military base there today too, which changes hands according to the fortunes of Syria’s civil war. In 2011, the regime of Bashar al-Assad held the base; next it was the rebels of the Free Syrian Army; then the so-called “Islamic State” (IS); and finally the Kurds, who advanced and took the mountain last May under the cover of American warplanes.

Abdul-Aziz al Hassan is from al Gharra, his first name the same as the mountain’s. He left the village while the Islamic State was in charge, but it is because of a bomb from an American plane that he cannot go back. What happened to his family is the story of just one bomb of the 35,000 dropped so far during 10,000 missions flown in the US-led air war against the Islamic State. [Continue reading…]

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From Iraq, general rebukes Ted Cruz’s plan to ‘carpet-bomb’ ISIS

The Washington Post reports: The top U.S. general in Iraq on Monday addressed recent political rhetoric in the presidential campaign that the United States should “carpet-bomb” the Islamic State, saying that the Pentagon is bound by the laws of armed conflict and does nt indiscriminately bomb civilian areas.

“We’re the United States of America, and we have a set of guiding principles and those affect the way we as professional soldiers, airmen, sailors, Marines, conduct ourselves on the battlefield,” MacFarland said. “So indiscriminate bombing, where we don’t care if we’re killing innocents or combatants, is just inconsistent with our values. And it’s what the Russians have been accused of doing in parts of northwest Syria. Right now we have the moral high ground, and I think that’s where we need to stay.”

The comments came in response to a question from CNN’s Barbara Starr during a Pentagon news conference. The general was asked why the military isn’t engaged in “so-called carpet-bombing,” a phrase that has been used often by presidential candidate Sen. Ted Cruz (R.-Tex.). [Continue reading…]

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