Trump’s Persian-Gulf Car Crash

Trump has taken an insane U.S. policy towards Iran and make it even crazier, writes Daniel Lazare.

By Daniel Lazare
Special to Consortium News

Traffic accidents normally take just a second or two.  But the coming collision in the Persian Gulf, the equivalent of a hundred-vehicle pile-up on a fog-bound interstate, has been in the works for years.  Much of it is President Donald Trump’s fault, but not all.  His contribution has been to take an insane policy and make it even crazier.

The situation is explosive for two reasons. First, the Iranian economy is in a free fall with oil exports down as much as 90 percent from mid-2018 levels.  As far as Iran is concerned, this means that it’s already at war with the United States and has less and less to lose the longer the U.S. embargo goes on. 

Second, after Trump denounced the 2015 Iranian nuclear accord from the moment he began his presidential run, it’s all but impossible at this point for him to back down.  The result is a classic collision between the immovable and the unstoppable with no apparent way out.

How did the world bring itself to the brink of war?  The answer, ironically, is by bidding for peace.

The process began in early 2015 just as the nuclear talks were entering their final stages.  Despite last-minute hand-wringing, it was clear that success was in sight simply because the participants – China, France, Russia, Germany, Britain, the European Union, Iran and the U.S. – all wanted it. 

Saudi Proxy War

But other regional players felt differently, Saudi Arabia first and foremost.  The kingdom’s survival strategy depends on its special relationship with America, its patron since the 1940s.  Hence, it was panic-stricken by anything smacking of a U.S. rapprochement with its long-standing arch-enemy Iran.  The upshot was a proxy war in which the Saudis set out to roll back Iranian power by striking out at pro-Iranian forces.

The offensive began after a new Saudi monarch ascended the throne in January 2015.  King Salman, a doddering 79-year-old reportedly suffering from Alzheimer’s, immediately handed over the reins to his favorite son, 29-year-old Muhammad bin Salman, whom he named deputy crown prince and minister of defense.  MBS, as he’s known, celebrated by launching an air war in neighboring Yemen two months later – and then disappearing on a week-long vacation in the Maldives – and by funneling hundreds of U.S.-made TOWs (anti-tank guided missiles) to Syrian rebels under the command of Al-Nusra, the local Al-Qaeda affiliate, for use in an offensive in that country’s northwest province of Idlib. 

For the Saudis, it was a neo-medieval crusade whose goal was to topple two religio-political allies of Iran, the Alawite-dominated government in Damascus and Yemen’s Houthis, who adhere to a non-Iranian form of Shi’ism that is no less anathema to the Sunni Wahhabist theocracy in Riyadh.

President Barack Obama went along.  With regard to Syria, an unidentified “senior administration official” told The Washington Post that while the White House was “concerned that Nusra has taken the lead,” all he would say in response to U.S.-made missiles winding up in Al-Qaeda hands was that it was “not something we would refrain from raising with our partners.”  (See Climbing into Bed with Al-Qaeda,” May 2, 2015.) 

Just two days after the start of the Saudi air assault in Yemen, Obama meanwhile telephoned Salman to assure him of U.S. support.  When asked why America would back a war by one of the Middle East’s richest countries against the very poorest, another anonymous U.S. official told The New York Times (April 2, 2015):

 “If you ask why we’re backing this, beyond the fact that the Saudis are allies and have been allies for a long time, the answer you’re going to get from most people – if they were being honest – is that we weren’t going to be able to stop it.” But plainly the nuclear negotations were key.  The Obama administration was so anxious to smooth ruffled Saudi feathers and tone down criticism of the impending Iranian accord that it felt it had no choice but say yes to Saudi aggression.  

The upshot has been Saudi wars claiming hundreds of thousands of lives in Syria and another 100,000 or so in Yemen while triggering a surge of international terrorism and the greatest refugee crisis since World War II. While reducing tensions in some respects, Obama’s efforts to reach a nuclear deal with Iran, paradoxically, caused them to explode in others.

Over-Extended Empire 

The American empire was possibly so over-extended that it was at the mercy of its ostensible clients.  Even while making peace with Iran, Obama thus green-lit Saudi wars that claimed hundreds of thousands of lives in Syria and another 100,000 or so in Yemen while triggering a surge of international terrorism and the greatest refugee crisis since World War II.  While reducing tensions in some respects, the 2015 nuclear negotiations, paradoxically, caused them to explode in others.

The results were so devastating in a region torn by war, sectarianism, and economic collapse that Trump could not possibly make them any worse – except that he did. 

Announcing his presidential bid in June 2015, he launched into a typical Trumpian rant against China, Japan, Mexico – and Obama’s nuclear talks.  “Take a look at the deal he’s making with Iran,” he said.  “He makes that deal, Israel maybe won’t exist very long.”  A month later, he tweeted that the agreement, just inked in Vienna, “poses a direct national security threat.”  Two months after that, he told a Tea Party rally in Washington:

“Never, ever, ever in my life have I seen any transaction so incompetently negotiated as our deal with Iran….  They rip us off, they take our money, they make us look like fools, and now they’re back to being who they really are.  They don’t want Israel to survive, they will not let Israel survive, [and] with incompetent leadership like we have right now, Israel will not survive.”

Iran’s Landmark Concession

It was all nonsense.  Rather than threatening the Jewish state, the treaty represented a landmark concession on Iran’s part, since Israel, with an estimated 80 to 90 nuclear warheads in its arsenal and enough fissile material for a hundred more, would maintain its nuclear monopoly in the Middle East indefinitely.  As for “our money,” the $150 billion in various foreign accounts were actually Iranian assets that had been frozen for years – a sum, moreover, that was closer to $56 billion once Iran settled its foreign debts.  Once sanctions were lifted, it was hardly unreasonable that such assets be restored.

Still there was hope.  While railing against Iran, Trump also taunted the Saudis for their role in 9/11: “Who blew up the World Trade Center?” he told Fox & Friends.  “It wasn’t the Iraqis, it was Saudi [Arabia].”  He repeatedly assailed the 2003 invasion of Iraq – even if he exaggerated his own role in opposing it – and criticized Obama for supporting Saudi-backed jihadis seeking to topple Syrian President Bashar al-Assad.

 “Assad is bad,” he said in an October 2015 interview.  “Maybe these people could be worse.”

Trumpian isolationism was fleeting, if it ever existed at all.  Under intense pressure from neoconservatives, the Zionist lobby, and pro-Israel Democrats such as Russiagate attack dog Rep. Adam Schiff demanding stepped-up opposition with Iran, Trump did an about-face.  In May 2017, he flew to Riyadh, announced an unprecedented $110-billion arms deal, and proclaimed himself the kingdom’s newest BFF – best friend forever. 

He echoed the Saudis by accusing Iran of funding “terrorists, militias, and other extremist groups that spread destruction and chaos across the region” and backed a Saudi blockade of neighboring Qatar.  When ISIS launched a bloody assault on central Tehran in early June that killed 12 people and injured 42, the only White House response was to declare that “states that sponsor terrorism risk falling victim to the evil they promote.” 

But back in September 2003, some 60,000 Iranian soccer fans had observed a moment of silence in honor of the victims of the World Trade Center while then-President Mohammad Khatami declared on nationwide TV:

 “My deep sympathy goes out to the American nation, particularly those who have suffered from the attacks and also the families of the victims.  Terrorism is doomed, and the international community should stem it and take effective measures in a bid to eradicate it.”

Yet all the Trump administration could say was that Iran had it coming. 

It was Democrats who, in a typical attempt to outflank Trump on the right, introduced legislation in June 2017 by forcing him to impose penalties on Russia, North Korea, and Iran as well.  But after repudiating the JCPOA (the Joint Comprehensive Plan of Action, known as the Iran nuclear deal) in May 2018, Trump upped sanctions even more in November – not only against the Iranian government but against some 700 individuals, entities, aircraft, and vessels.  After Iran shot down a $130-million U.S. surveillance drone last month, Trump imposed sanctions on “supreme leader” Ayatollah Ali Khamenei, his office, and his closest associates.  Two weeks ago, he imposed penalties on Mohammad Javad Zarif, Iran’s U.S.-educated foreign minister.

It was a gesture of contempt for the very idea of diplomacy.  So what happens next?  The problem is that re-starting negotiations would not be enough.  Instead, Iran has demanded that the U.S. remove all sanctions and apologize before agreeing to a new round of talks.  Since this would be tantamount to re-authorizing the JCPOA, it’s unlikely in the extreme.  While Trump is known for changing his mind in a flash, a course correction of this magnitude is hard to imagine. 

Thus, the confrontation is set to continue.  Iran may respond by seizing more oil tankers or downing more drones, but the problem is that the U.S. will undoubtedly engage in tit-for-tat escalation in response until, eventually, some kind of line is crossed.

If so, the consequences are unpredictable.  U.S. firepower is overwhelming, but Iran is not without resources of its own, among them anti-ship ballistic missiles, mobile short-range rockets that can hit naval targets, plus heavily-armed high-speed boats, mini-subs, and even ekranoplans,” floating planes designed to skim the waves at 115 miles per hour.  Such weaponry could prove highly effective in the 35-mile-wide Strait of Hormuz.  Iran also has allies such as Lebanon’s Hezbollah, which has an estimated 130,000 missiles and rockets in its own arsenal, Assad’s battle-hardened military in Syria, Yemen’s Houthis, and pro-Iranian forces in Shi’ite-majority Iraq.

The upshot could be a war drawing in half a dozen countries or more.  A confrontation on that scale may seem inconceivable.  But, then, war seemed inconceivable in the wake of Archduke Franz Ferdinand’s assassination in June 1914.

Daniel Lazare is the author of “The Frozen Republic: How the Constitution Is Paralyzing Democracy” (Harcourt Brace, 1996) and other books about American politics.  He has written for a wide variety of publications from The Nationto Le Monde Diplomatiqueand blogs about the Constitution and related matters at Daniellazare.com.

If you value this original article, please consider making a donation to Consortium News so we can bring you more stories like this one.

Before commenting please read Robert Parry’s Comment PolicyAllegations unsupported by facts, gross or misleading factual errors and ad hominem attacks, and abusive language toward other commenters or our writers will be removed.




ROBERT PARRY: More Second Amendment Madness

Robert Parry, founder of this site, exposed in this Jan. 2013 article the dangerous & false idea that the Constitution Framers wrote the 2nd Amendment so an armed population could fight the government the Framers had just created.

By Robert Parry
Special to Consortium News
Jan. 14, 21013
The Right’s powerful propaganda apparatus has sold millions of Americans on the dangerous and false notion that the Framers of the U.S. Constitution incorporated the Second Amendment in the Bill of Rights so an armed population could fight the government that the Framers had just created.

As a result of that historical lie, many right-wingers today appear to be heeding a call to arms by buying up assault weapons at a frenetic pace. A “Gun Appreciation Day” is scheduled for the Saturday before Barack Obama’s Second Inaugural, which coincidentally falls on Martin Luther King Day. Thousands of gun owners are expected to turn out waving flags and brandishing rifles.

The organizer of that effort, right-wing activist Larry Ward, wrote that “the Obama administration has shown that it is more than willing to trample the Constitution to impose its dictates upon the American people.”

In recent weeks, this bogus narrative of the Framers seeking to encourage violence to subvert the peaceful and orderly process that they had painstakingly created in Philadelphia in 1787 also has been pushed by prominent right-wingers, such as radio host Rush Limbaugh and Fox News personality Andrew Napolitano

Napolitano declared: “The historical reality of the Second Amendment’s protection of the right to keep and bear arms is not that it protects the right to shoot deer. It protects the right to shoot tyrants, and it protects the right to shoot at them effectively, with the same instruments they would use upon us.”

The suggestion is that armed Americans must confront the “tyrannical” Barack Obama the twice-elected President of the United States (and the first African-American to hold that office) if he presses ahead seeking commonsense gun restrictions in the face of the massacre of 20 schoolchildren in Newtown, Connecticut, and hundreds of other horrendous incidents of gun violence.

These “revolutionary” Americans have been persuaded that they are channeling the intent of the Framers who supposedly saw armed uprisings against the legally constituted U.S. government as an important element of “liberty.”

But that belief is not the historical reality. Indeed, the reality is almost the opposite. The Second Amendment was enacted so each state would have the specific right to form “a well-regulated militia” to maintain “security,” i.e. to put down armed rebellions.

The Framers also made clear what they thought should happen to people who took up arms against the Republic. Article IV, Section 4 committed the federal government to protect each state from not only invasion but “domestic Violence,” and treason is defined in the Constitution as “levying war against” the United States as well as giving “Aid and Comfort” to the enemy (Article III, Section 3).

Second Amendment’s History

The historical context of the Second Amendment also belies today’s right-wing mythology. At the time of the Constitutional Convention, the young nation was experiencing violent unrest, such as the Shays’ Rebellion in western Massachusetts. That armed uprising was testing the ability of the newly independent nation to establish order within the framework of a democratic Republic, a fairly untested idea at the time. European monarchies were predicting chaos and collapse for the United States.

Among the most concerned about that possibility was General George Washington, who had sacrificed greatly for the birth of the new nation. After the British surrender at Yorktown in 1781 and their acceptance of American independence in 1783, Washington fretted over the inability of the states-rights-oriented Articles of Confederation, then governing the country, to deal with its economic and security challenges.

Washington grew disgusted with the Articles’ recognition of 13 “independent” and “sovereign” states and the correspondingly weak central government, called not even a government, but a “league of friendship.”

As Commander-in-Chief of the Continental Army, Washington had watched his soldiers suffer when various states reneged on their commitment to supply money and arms. After the war, Washington retired but stayed active in seeking reforms that would strengthen the central government’s ability to organize national commerce and to maintain order.

His fears deepened in 1786 when Daniel Shays, a former Continental Army captain, led an uprising of other veterans and farmers in western Massachusetts, taking up arms against the government for failing to address their economic grievances.

Washington received reports on the crisis from old Revolutionary War associates in Massachusetts, such as his longtime logistical chief, Gen. Henry Knox, and Gen. Benjamin Lincoln, who accepted the British surrender at Yorktown as Washington’s second in command. They kept Washington apprised of the disorder, which he feared might encourage renewed interference in American affairs by the British or other European powers.

On Oct. 22, 1786, in a letter seeking more information about the rebellion from a friend in Connecticut, Washington wrote: “I am mortified beyond expression that in the moment of our acknowledged independence we should by our conduct verify the predictions of our transatlantic foe, and render ourselves ridiculous and contemptible in the eyes of all Europe.”

In another letter on Nov. 7, 1786, Washington questioned Gen. Lincoln about the unrest: “What is the cause of all these commotions? When and how will they end?” Washington was especially concerned about the possibility of a hidden British hand.

Lincoln responded: “Many of them [the rebels] appear to be absolutely so [mad] if an attempt to annihilate our present constitution and dissolve the present government can be considered as evidence of insanity.”

However, the U.S. government under the Articles of Confederation lacked the means to restore order. So wealthy Bostonians financed their own force under Gen. Lincoln to crush the uprising in February 1787. Afterwards, Washington remained concerned the rebellion might be a sign that European predictions about American chaos were coming true.

“If three years ago [at the end of the American Revolution] any person had told me that at this day, I should see such a formidable rebellion against the laws & constitutions of our own making as now appears I should have thought him a bedlamite a fit subject for a mad house,” Washington wrote to Knox on Feb. 3, 1787, adding that if the government “shrinks, or is unable to enforce its laws anarchy & confusion must prevail.”

Just weeks later, Washington’s alarm about Shays’ Rebellion was a key factor in his decision to take part in and preside over the Constitutional Convention, which was supposed to offer revisions to the Articles of Confederation but instead threw out the old structure entirely and replaced it with the U.S. Constitution. The Constitution shifted national sovereignty from the 13 states to “We the People” and dramatically enhanced the power of the central government.

The key point of the Constitution was to create a peaceful means for the United States to implement policies favored by the people but within a structure of checks and balances to prevent radical changes deemed too disruptive to the established order. For instance, the two-year terms of the House of Representatives were meant to reflect the popular will but the six-year terms of the Senate were designed to temper the passions of the moment (and senators were initially chosen by state legislatures, not the people).

Within this framework of a democratic Republic where peaceful change was possible though intentionally gradual the Framers criminalized taking up arms against the government. But it was the Constitution’s drastic expansion of federal power that prompted strong opposition from some Revolutionary War figures, such as Virginia’s Patrick Henry who spearheaded the Anti-Federalist movement.

Prospects for the Constitution’s ratification were in such doubt that its principal architect James Madison joined in a sales campaign known as the Federalist Papers in which he tried to play down how radical his changes actually were. To win over other skeptics, Madison agreed to support a Bill of Rights, which would be proposed as the first ten amendments to the Constitution. The Bill of Rights was a mix of concessions, some substantive and some rhetorical, to both individual citizens and the states.

The Second Amendment was primarily a right granted to the states. It read: “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.”

Madison’s political maneuvering narrowly secured approval of the Constitution in key states, such as Virginia, New York and Massachusetts. The First Congress then approved the Bill of Rights, which was ratified in 1791. [For more details on the Constitution, see Robert Parry’s America’s Stolen Narrative.]

Behind the Second Amendment

As the preface to the Second Amendment makes clear, the concern was about enabling states to organize militias that could maintain “security,” which fit with the Constitution’s goal of “domestic Tranquility” within the framework of a Republic.

This concept was amplified by the actions of the Second Congress amid another uprising which erupted in 1791 in western Pennsylvania. This anti-tax revolt, known as the Whiskey Rebellion, prompted Congress in 1792 to expand on the idea of “a well-regulated militia” by passing the Militia Acts which required all military-age white males to obtain their own muskets and equipment for service in militias.

At the time, Madison was in the U.S. Congress and Washington was in the presidency with both supporting the new laws so the “original intent” of the Framers could not be easily misunderstood.

The right “to keep and bear arms” was always within the context of participating in militias or today the National Guard not as the right of individuals to possess devastating weapons that could be used to violently overthrow the U.S. government or to kill its officials. (The recognition of a collective rather than individual right was only reversed in 2008 when right-wing ideologues had gained control of the U.S. Supreme Court and then overturned longstanding legal precedents.)

But if there was any doubt about how the actual Framers saw the Second Amendment, it was answered in 1794 when President Washington led a combined force of state militias against the Whiskey rebels in Pennsylvania. The revolt soon collapsed; many leaders fled; and two participants were convicted of high treason and sentenced to hanging, though Washington later pardoned them.

Beyond this clear historical record that the Framers’ intent with the Second Amendment was to create security for the new Republic, not promote armed rebellions there is also the simple logic that the Framers represented the young nation’s aristocracy. Many, like Washington, owned vast tracts of land and favored domestic tranquility to promote economic development and growth.

So, it would be counterintuitive as well as anti-historical to believe that Madison and Washington wanted to arm the population so the discontented could resist the constitutionally elected government. In reality, the Framers wanted to arm the people at least the white males to repulse uprisings, whether economic clashes like Shays’ Rebellion, anti-tax protests like the Whiskey Rebellion, attacks by Native Americans or slave revolts.

Fabricated History

However, the Right has invested heavily over the last several decades in fabricating a different national narrative, one that ignores both logic and the historical record. In this right-wing fantasy, the Framers wanted everyone to have a gun so they could violently resist their own government.

To build that narrative, a few incendiary quotes are cherry-picked, taken out of context or invented. [See, for instance, Steven Krulik’s compilation of such apocryphal references.]

This “history” has then been amplified through the Right’s powerful propaganda apparatus Fox News, talk radio, the Internet and ideological publications to persuade millions of Americans that their possession of semi-automatic assault rifles and other powerful firearms is what the Framers intended, that today’s gun owners are fulfilling some centuries-old American duty.

It should be noted, too, that Thomas Jefferson, one of the most radical-sounding (though hypocritical) leaders of the Revolutionary War, was not a Framer of the Constitution. In 1787, when the document was written, he was the U.S. representative in France.

There is also the obvious point that the Framers’ idea of a weapon was a single-shot musket that required time-consuming reloading, not a powerful semi-automatic assault rifle that could fire up to 100 bullets in a matter of seconds without the necessity to reload.

However, people like Andrew Napolitano on the Right as well as some dreamy revolutionaries on the Left still suggest that the Framers enacted the Second Amendment so the firepower of people trying to overthrow the U.S. government and kill its agents would be equal to whatever weapons the government possessed.

This crazy notion would be laughable if its consequences were not so horrible. The human price for this phony concept of “liberty” and this bogus history is the horrendous death toll that gun violence inflicts on American society, including the recent slaughter of those children in Newtown.

Yet, instead of recognizing the actual history and accepting that the Constitution was an attempt by the Framers to create a democratic process for peaceful change, today’s advocates of a violent revolution whether from the Right or the Left feed the paranoia and the ignorance of their followers.

The late investigative reporter Robert Parry broke many of the Iran-Contra stories for The Associated Press and Newsweek in the 1980s. He founded Consortium News in 1995, considered the first online, independent news site.




RAY McGOVERN: DNI Nominee Intent on Getting to Bottom of Russiagate

Attorney General Bill Bar will have a new deputy sheriff to go after those responsible for Russiagate, if John Ratcliffe is confirmed as new DNI, as Ray McGovern explains.

By Ray McGovern
Special to Consortium News

Shortly before President Donald Trump announced he had nominated Rep. John Ratcliffe (R-TX) to replace Dan Coats as director of national intelligence, Ratcliffe made it clear he intends to hit the deck running on the “crimes” behind Russiagate.

“What I do know as a former federal prosecutor is it does appear that there were crimes committed during the Obama administration,” Ratcliffe told Fox News’ Maria Bartiromo. Mincing few words, he claimed the Democrats “accused Donald Trump of a crime and then tried to reverse engineer a process to justify that accusation.”

It’s an extravagant claim. But it is also true, and the proof is in the pudding of which we should have a steady diet in the months to come.

Ratcliffe sounds partisan speaking of “crimes committed” under Obama. But there could well be documentary evidence to back it up. Some is classified. Trump has given Attorney General William Barr instructions to declassify what is necessary. Barr should be able to count on Ratcliffe, if he is confirmed by the Senate as DNI, to ride herd on those in the intelligence community with huge incentives to cover their tracks and those of their former bosses.

This may come as something of a shock to new readers of Consortium News because of the incessant drivel from corporate media “talking heads” for a full three years now. They are not likely to give up any time soon.

Ratcliffe on Where We Are Now

Ratcliffe told Bartiromo:

“The only place we can get the answers is from the Justice Department right now. The American people’s faith and trust has been shaken in our Justice Department, and the only way to get that back is for there to be real accountability with a very fair process. Again, I have supreme confidence in Bill Barr’s ability to deliver that and at the end of the day … as long as we know that the process was fair … justice will be done.”

If Ratcliffe means what he says, his remarks indicate that Barr (a former CIA official and relatively new-sheriff-back-in-town in his second stint as AG) should have in Ratcliffe a no-holds-Barred deputy sheriff, if he takes advantage of him. “Bill Barr has earned my trust already … that there will be a fair process, with John Durham and Michael Horowitz, to getting answers … and to provide accountability where it really belongs,” Ratcliffe said.

Barr has ordered John Durham, U.S. Attorney for Connecticut, to investigate how Russiagate got started. And Michael Horowitz, the Department of Justice Inspector General, is said to be almost ready to report on the roles of the DOJ and FBI in promoting the Trump-Putin “collusion” narrative.

Durham, however, twice essentially covered up for CIA misdeeds. The New York Times reported: “In 2008, Attorney General Michael B. Mukasey assigned Mr. Durham to investigate the C.I.A.’s destruction of videotapes in 2005 showing the torture of terrorism suspects. A year later, Attorney General Eric H. Holder Jr. expanded Mr. Durham’s mandate to also examine whether the agency broke any laws in its abuses of detainees in its custody.”

Abundantly clear in those days, however, was the reality that neither Mukasey nor Holder wanted Durham to deliver the goods on CIA people demonstrably involved in well documented death-by-torture of prisoners in Afghanistan and Iraq. Good soldier Durham uttered not a peep when Holder announced that the Department of Justice “declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt.”

But Holder added this: “Our inquiry was limited to a determination of whether prosecutable offenses were committed and was not intended to, and does not resolve, broader questions regarding the propriety of the examined conduct.” The Times noted at the time that DOJ’s decision did not amount to “exoneration” of those involved in the prisoners’ treatment and deaths. Does that sound familiar?

Thus, judging from past experience, the question is not so much what Durham will come up with this time around when investigating folks from the same line of (intelligence) work. The more salient question is this: Will Durham’s role be limited by Deep State, gun-shy Trump, or will he be given the latitude to proceed with no-holds-Barred, so to speak.

Horowitz’s investigators, on the other hand, earlier discovered the extremely-damaging-to-the-Russia-gate-yarn text exchanges between senior FBI officials Peter Strzok and Lisa Page, and Horowitz decided to make them public in December 2017. First off the blocks the following day, the late Robert Parry, founder of this website, posted what turned out to be his last substantive article, “The Foundering Russia-gate Scandal.”

Horowitz’s investigators recently interviewed some formerly reluctant witnesses like Christopher Steele, who had been a paid informant of the FBI itself and whom the Clinton campaign later paid to assemble the infamous “dossier” on Trump’s alleged cavorting with prostitutes in Moscow and other scurrilous, since-disproven stories.

With the malleable nonentity Coats as DNI, and with top CIA officials trying to keep former CIA Director John Brennan out of jail (and shield their own derrieres), Barr has — until now — lacked a strong “deputy sheriff” with the requisite prosecutorial skills and courage to investigate the intelligence community to find out where the bodies are buried in Washington. As soon as Ratcliffe is confirmed, Barr should have what he needs to close that gap and tackle full bore the intelligence part of the Deep State’s role in Russiagate.

A Parvenu?

But how could Ratcliffe know anything, the corporate media asks, as they paint him as a newcomer, partisan ignoramus and focus on his lack of experience in foreign affairs. Sorry, Rachel Maddow, in case you haven’t noticed, the present focus is on affairs much closer to home. The “parvenu” label will not stick. Serving, as Ratcliffe has, on three key House committees —Intelligence, Judiciary, and Homeland Security — you can learn a whole lot, if you regard your responsibility as oversight, not overlook.

Is there documentary evidence? Admittedly, it would seem a stretch to believe that Obama’s top intelligence and law enforcement officials — in “collusion” with the corporate media — would fabricate a Trump-in-Putin’s-pocket story line first to try to prevent Trump from being elected, and then emasculate him as incoming president. But, yes, there should be all manner of documentary evidence indicating that this is precisely what happened.

House Intelligence Committee Ranking Member Devin Nunes (R-CA) claimed in early April 2019, “They [the Democrats] have lied multiple times to the American people. All you have to do is look at their phony memos. They have had the full support of the media, 90 percent of the media in this country. They all have egg on their face.” The way things are now shaping up, we are likely to learn before too long whether the evidence supports Nunes’s accusations.

All the Naiveté That’s Fit to Print

The New York Times reported that many Republican Senators, who must vote on his confirmation, are “cool” to Ratcliffe:

“Democrats said on Monday that they were worried that Mr. Ratcliffe would do little to push back against the Justice Department’s review of the origins of the Russia inquiry, for which Mr. Trump gave Attorney General William P. Barr broad power to declassify relevant documents.”

Democrats don’t watch Fox News, but does the Gray Lady still harbor hope Ratcliffe might “push back” when he says he will push full steam ahead?

None of the leaking, unmasking, surveillance, DNC-hired “opposition research,” or other activities directed against the Trump campaign can be properly understood if one does not bear in mind that it was considered a sure thing that Hillary Clinton would become President, at which point high-risk, illegal activities undertaken to help her win would likely bring gratitude and perhaps a promotion, not an indictment. But Clinton lost.

After her loss, Comey himself gave the game away in his book, “A Higher Loyalty” — which amounted to a pre-emptive move motivated by loyalty-to-self and eagerness to secure a Stay-Out-of-Jail card. Comey wrote, “I was making decisions in an environment where Hillary Clinton was sure to be the next president …” [Emphasis added.] This would, of course, confer automatic immunity on key players who may now find themselves criminally referred to the Department of Justice.

Worse still, because they all were convinced a Clinton victory was a sure thing, the plotters did not perform due diligence to hide their tracks. And that largely accounts for the fact that there should be documentary evidence — probably even on not-yet-shredded paper, as well as on computer hard drives.

Given his seats on Intelligence, Judiciary, and Homeland Security, Ratcliffe has seen a lot more of them than most Congress members. In the Sunday interview, he named some of those allegedly engaged in illegalities:  former FBI Director James Comey, senior DOJ official Bruce Ohr, and opposition research guru Glenn Simpson. Also mentioned but unnamed were the Obama officials who Ratcliffe said committed a “felony” by leaking highly classified phone transcripts to use against Gen. Michael Flynn, Trump’s short-lived national security adviser.

But Now Running Scared

No one has more to fear from all this than ex-CIA Director Brennan. He eagerly awaited the final report from Mueller, whom Brennan has unctuously praised. Introducing Mueller to an audience at Georgetown University in June 2014, Brennan called him “a remarkable public servant as well as a great friend, a transformative leader, an outstanding partner to CIA, and a source of wise counsel to leaders across the intelligence community.”

In his testimony to the House Judiciary and Intelligence Committees on July 24, Mueller avoided discussing some of the chicanery that bears Brennan’s fingerprints, but he surely failed to “exonerate” him, so to speak. To suggest that the selection of Ratcliffe to become DNI was unwelcome news to Brennan is to state the obvious. Brennan got up early on Monday and at 7:11 AM sent this characteristic tweet — about integrity and subservience, of all things:

Sen. Rand Paul (R-KY) has tweeted information from “a high-level source” that it was Brennan who “insisted that the unverified and fake Steele dossier” be given prominent attention in the Russia-gate story.

Paul has also said he thinks Brennan has been “a partisan” and “abused his office in developing the Trump investigation. I think it was done under false pretenses and done for political reasons.”

Paul has been a strong advocate of investigating the origins of Mueller’s probe, including the dicey question of how witting President Obama was of the Deep State machinations during the last months of his administration. Page did tell Strzok in a Sept. 2, 2016 text that the president “wants to know everything we’re doing.”

So What DID Obama Know?

If anyone knows how much Obama knew, it is one of his closest confidants: Brennan. And it was Obama, of course, who commissioned the misnomered “Intelligence Community Assessment” of Jan. 6, 2017, which Russia-gate aficionados have long regarded as Bible truth. As readers of Consortium News know, candidate Hillary Clinton and her supporters were wrong in saying the ICA was the product of “all 17” U.S. intelligence agencies. The leaders of only three — CIA, FBI, and NSA — signed on to it, plus DNI James Clapper.

Months later, Clapper admitted it was “handpicked analysts” from those three who wrote the report. It is a safe bet that Brennan, Clapper, and perhaps Comey picked the analysts. The ICA is such a shabby piece of work that many — including me — suspect that Brennan took a direct hand in writing it.

Ratcliffe would be well advised to take a priority look into the “Excellent Adventure” of that Intelligence Community Assessment as soon as he is confirmed as Director of National Intelligence, and before Brennan, Clapper, and Comey leave town for parts unknown.

Ray McGovern works with Tell the Word, a publishing arm of the ecumenical Church of the Saviour in inner-city Washington. As a CIA analyst, he served under nine CIA directors and seven presidents, for three of whom he prepared and gave the morning briefing based on The President’s Daily Brief. In retirement, he co-created Veteran Intelligence Professionals for Sanity (VIPS).




A USS Liberty’s Hero’s Passing

On the 52nd anniversary of the attack on the USS Liberty, Ray McGovern focuses on Terry Halbardier, who sent the SOS that saved the ship from Israeli destruction. 

This article was written in 2014 on the occasion of Halbardier’s death. 

By Ray McGovern
Special to Consortium News

Terry Halbardier, who as a 23-year old seaman in 1967 thwarted Israeli attempts to sink the USS Liberty, died on Aug. 11 in Visalia, California. It took the U.S. government 42 years after the attack to recognize Halbardier’s heroism by awarding him the Silver Star, a delay explained by Washington’s determination to downplay Israeli responsibility for the 34 Americans killed and the 174 wounded.

On June 8, 1967, during the Six-Day War, the Israeli military attacked the USS Liberty, an American spy ship which had been monitoring Israeli transmissions about the conflict. Intercepted Israeli communications indicated that the goal was to sink the Liberty and leave no survivors.

Warplanes and torpedo boats had already killed 34 and wounded 174, when Halbardier slid over the Liberty’s napalm-glazed deck to jury-rig an antenna and get an SOS off to the Sixth Fleet.  The Israelis intercepted the SOS and broke off the attack immediately. In effect, Halbardier prevented the massacre of all 294 onboard. Still, the infamy of the attack on the Liberty was two-fold.

First, the Liberty, a virtually defenseless intelligence collection platform prominently flying an American flag in international waters, came under deliberate attack by Israeli aircraft and three 60-ton Israeli torpedo boats off the coast of the Sinai on a cloudless June afternoon during the six-day Israeli-Arab war. Second, President Lyndon Johnson called back carrier aircraft dispatched to defend the Liberty lest Israel be embarrassed, the start of an unconscionable cover-up, including top Navy brass, that persists to this day.

Given all they have been through, the Liberty survivors and other veterans who joined Halbardier to celebrate his belated receipt of the Silver Star on May 27, 2009 can be forgiven for having doubted that the day of the hero’s recognition would ever come.

In the award ceremony at the Visalia (California) office of Rep. Devin Nunes, the Republican congressman pinned the Silver Star next to the Purple Heart that Halbardier found in his home mailbox three years ago. Nunes said, “The government has kept this quiet I think for too long, and I felt as my constituent he [Halbardier] needed to get recognized for the services he made to his country.”

Nunes got that right. Despite the many indignities the Liberty crew has been subjected to, the mood in Visalia was pronouncedly a joyous one of Better (42 years) Late Than Never. And, it did take some time for the moment to sink in: Wow, a gutsy congressman not afraid to let the truth hang out on this delicate issue.

Treatment Accorded the Skipper

I was present that day and I could not get out of my head the contrast between this simple, uncomplicated event and the earlier rigmarole that senior Navy officers went through to pin a richly deserved Medal of Honor on another hero of that day, the Liberty’s skipper, Captain William McGonagle.

Although badly wounded by Israeli fire on June 8, 1967, McGonagle was able to keep the bombed, torpedoed, napalmed Liberty afloat and limping toward Malta, where what was left of the bodies of the 34 crewmen killed and the 174 wounded could be attended to. Do the math: yes, killed and wounded amounted to more than two-thirds of the Liberty crew of 294.

I remembered what a naval officer involved in McGonagle’s award ceremony told one of the Liberty crew: “The government is pretty jumpy about Israelthe State Department even asked the Israeli ambassador if his government had any objections to McGonagle getting the medal.”

When McGonagle received his award, the White House (the normal venue for a Medal of Honor award) was all booked up, it seems, and President Lyndon Johnson (who would have been the usual presenter) was unavailable.

So it fell to the Secretary of the Navy to sneak off to the Washington Navy Yard on the banks of the acrid Anacostia River, where he presented McGonagle with the Medal of Honor and a citation that described the attack but not the identity of the attackers.

Please don’t misunderstand. The Liberty crew is not big on ceremony. They are VERY-not-big on politicians who wink when Navy comrades are killed and wounded at sea. The Liberty survivors are big on getting the truth out about what actually happened that otherwise beautiful day in June 1967.

The award of the Silver Star to Terry Halbardier marked a significant step in the direction of truth telling. Halbardier said he accepted his Silver Star on behalf of the entire 294-man crew. He and fellow survivor Don Pageler expressed particular satisfaction at the wording of the citation, which stated explicitly — with none of the usual fudging — the identity of the attackers: “The USS Liberty was attacked by Israeli aircraft and motor torpedo boats in the East Mediterranean Sea.”

In the past, official citations, like Captain McGonagle’s, had avoided mentioning Israel by name when alluding to the attack. I think former U.S. Ambassador Edward Peck put it best in condemning this kind of approach as “obsequious, unctuous subservience to the peripheral interests of a foreign nation at the cost of the lives and morale of our own service members and their families.”  Strong words for a diplomat. But right on.

Just a Guy From Texas

Were it not for Halbardier’s bravery, ingenuity, and technical expertise, the USS Liberty would surely have sunk, taking down much if not all of the crew.

You see, the first thing the Israeli aircraft bombed and strafed were the Liberty’s communications antennae and other equipment. They succeeded in destroying all the antennae that were functional. One antenna on the port side, though, had been out of commission and had escaped damage.

In receiving the Silver Star, Halbardier made light of his heroism, claiming that he was just a guy from Texas who could do a whole lot with simple stuff like baling wire. (In the infantry we called this kind of thing a “field expedient.”)

In any case, with his can-do attitude and his technical training, he figured he might be able to get that particular antenna working again. But first he would have to repair a cable that had been destroyed on deck and then connect the antenna to a transmitter.

The deck was still being strafed, but Halbardier grabbed a reel of cable, ran out onto the deck, and attached new cable to the antenna so a radioman could get an SOS out to the Sixth Fleet in the Mediterranean.

Voila. “Mayday” went out; almost immediately the Israeli aircraft and torpedo ships broke off the attack and went back to base; the Israeli government sent a quick apology to Washington for its unfortunate “mistake;” and President Johnson issued orders to everyone to make believe the Israelis were telling the truth, or at least to remain silent.

To their discredit, top Navy brass went along, and the Liberty survivors were threatened with court martial and prison if they so much as mentioned to their wives what had actually happened. They were enjoined as well from discussing it with one another.

As Liberty crewman Don Pageler put it, “We all headed out after that, and we didn’t talk to each other.” The circumstances were ready-made for serious Post-Traumatic Stress Disorder.

The stories shared by Liberty survivors after the award ceremony, including descriptions of the macabre but necessary effort to reassemble torpedoed body parts, and the plague of survivor’s guilt, were as heart-rending as any I have heard. They are stories that should be shared more widely for those muzzled far too long.

These were the deep emotional scars to supplement the ones all over Halbardier’s body, some of which he uncovered when asked by the local press gathered there in Visalia. Typically, Halbardier made light of the shrapnel that had to be plucked out of his flesh, emphasizing that he was lucky compared to some of the other crew.

No Mistake

Despite Israeli protestations, the accumulated evidence, including intercepted voice communications, is such that no serious observer believes Israel’s “Oops” excuse of a terrible mistake. The following exchanges are excerpts of testimony from U.S. military and diplomatic officials given to Alison Weir, founder of “If Americans Knew” and author of American Media Miss the Boat:

Israeli pilot to ground control: “This is an American ship. Do you still want us to attack?”

Ground control: “Yes, follow orders.”

“But sir, it’s an American ship, I can see the flag!”

Ground control: “Never mind; hit it!”

Haviland Smith, a CIA officer stationed in Beirut during the Six-Day War, says he was told that the transcripts were “deep-sixed,” because the U.S. government did not want to embarrass Israel.

Equally telling is the fact that the National Security Agency (NSA) destroyed voice tapes seen by many intelligence analysts, showing that the Israelis knew exactly what they were doing. I asked a former CIA colleague, who was also an analyst at that time, what he remembered of those circumstances. Here is his e-mail reply:

“The chief of the analysts studying the Arab-Israeli region at the time told me about the intercepted messages and said very flatly and firmly that the pilots reported seeing the American flag and repeated their requests of confirmation of the attack order. Whole platoons of Americans saw those intercepts. If NSA now says they do not exist, then someone ordered them destroyed.”

One need hardly add at this point that the destruction of evidence without investigation is an open invitation to repetition in the future. Think the more recent torture-interrogation videotapes.

As for the legal side: the late Captain Ward Boston, unburdened himself on his accomplice role as the Navy lawyer appointed as senior counsel to Adm. Isaac Kidd, who led a one-week (!) investigation and then followed orders to pronounce the attack on the Liberty a case of “mistaken identity.” Boston signed a formal declaration on Jan. 8, 2004, in which he said he was “outraged at the efforts of the apologists for Israel in this country to claim that this attack was a case of ‘mistaken identity.’” Boston continued:

“The evidence was clear. Both Adm. Kidd and I believed with certainty that this attack was a deliberate effort to sink an American ship and murder its entire crew Not only did the Israelis attack the ship with napalm, gunfire, and missiles, Israeli torpedo boats machine-gunned three lifeboats that had been launched in an attempt by the crew to save the most seriously wounded, a war crime

“I know from personal conversations I had with Adm. Kidd that President Lyndon Johnson and Secretary of Defense Robert McNamara ordered him to conclude that the attack was a case of ‘mistaken identity’ despite overwhelming evidence to the contrary.”

W. Patrick Lang, Col., USA (ret.), who was the Defense Intelligence Agency’s top analyst for the Middle East for eight years, recounted the Israeli air attacks as follows: “The flight leader spoke to his base to report that he had the ship in view, that it was the same ship he had been briefed on, and that it was clearly marked with the U.S. flag

“The flight commander was reluctant. That was very clear. He didn’t want to do this. He asked them a couple of times, ‘Do you really want me to do this?’ I’ve remembered it ever since. It was very striking. I’ve been harboring this memory for all these years.”

Lang, of course, is not alone. So too Terry Halbardier, who told those assembled at his Silver Medal award ceremony, “I think about it [the attack on the Liberty] every day.”

Why Sink the Ship?

What we know for sure is, as the independent commission headed by former Chairman of the Joint Chiefs of Staff, Adm. Thomas Moorer put it, the attack “was a deliberate attempt to destroy an American ship and kill her entire crew.”

What we do not know for sure is why the Israelis wanted that done. Has no one dared ask the Israelis? One view is that the Israelis did not want the United States to find out they were massing troops to seize the Golan Heights from Syria and wanted to deprive the U.S. of the opportunity to argue against such a move.

James Bamford offers an alternative view in his excellent book, Body of Secrets. Bamford adduces evidence, including reporting from an Israeli journalist eyewitness and an Israeli military historian, of wholesale killing of Egyptian prisoners of war at the coastal town of El Arish in the Sinai.

The Liberty was patrolling directly opposite El Arish in international waters but within easy range to pick up intelligence on what was going on there. And the Israelis were well aware of that. But the important thing here is not to confuse what we know (the deliberate nature of the Israeli attack) with the ultimate purpose behind it, which remains open to speculation.

Also worth noting is the conventional wisdom prevalent in our Fawning Corporate Media (FCM) that Egypt forced Israel into war in June 1967. An excellent, authoritative source has debunked that, none other than former Israeli Prime Minister Menachem Begin! In an unguarded moment in 1982, when he was prime minister, he admitted publicly:

“In June 1967, we had a choice. The Egyptian army concentrations in the Sinai approaches do not prove that [Egyptian President] Nasser was really about to attack us. We must be honest with ourselves. We decided to attack him.”

Thus, the Israeli attack admittedly amounted to starting a war of aggression, and the occupied West Bank territories and the Golan Heights gained by the Israelis in the 1967 war remain occupied to this day. The post World War II tribunal at Nuremberg distinguished a “war of aggression” from other war crimes, terming it the “supreme international crime, differing from other war crimes only in that it contains the accumulated evil of the whole.”

Perhaps the attempt to sink the Liberty and finish off all survivors qualifies as one of those accumulated evils. Terry Halbardier summed it up this way when he was awarded his Silver Star:  “There’s lots of theories but let’s just say they didn’t want us listening in to what they wanted to do.”

Getting Away With Murder

In sum, on June 8, 1967, the Israeli government learned that it could get away with murder, literally, and the crime would be covered up, so strong is the influence of the Israel Lobby in our Congress, and indeed, in the White House. And those USS Liberty veterans who survived well enough to call for an independent investigation have been hit with charges of, you guessed it, anti-Semitism.

Does all this have relevance today? Of course. Israeli Prime Minister Benjamin Netanyahu understands that there is little that Israel could do that would earn the opprobrium of the U.S. Congress or retaliation from the White House, whether it’s building illegal settlements or slaughtering civilians in Gaza. The Israelis seem convinced they remain in the catbird’s seat, largely because of the Israel Lobby’s influence with U.S. lawmakers and opinion makers.

One of the few moments when a U.S. official has had the audacity to face Israel down came from significantly a U.S. Navy admiral. In early July 2008, Chairman of the Joint Chiefs of Staff, Adm. Mike Mullen, was sent to Israel to read the riot act to then-Israeli Prime Minister Ehud Olmert, who seemed to be itching to start hostilities with Iran while President George W. Bush was in office.

We learned from the Israeli press that Mullen, fearing some form of Israeli provocation, went so far as to warn the Israelis not to even think about another incident like the attack on the USS Liberty on June 8, 1967, that the Israelis should disabuse themselves of the notion that U.S. military support would be knee-jerk automatic if Israel somehow provoked open hostilities with Iran.

This is the only occasion I am aware of in which a U.S. official of such seniority braced Israel about the Liberty incident. A gutsy move, especially with Vice President Dick Cheney and national security aide Elliott Abrams then in the White House, two hawks who might well bless, or even encourage, an Israeli provocation that would make it very difficult for Washington to avoid springing to the defense of its “ally.”

The Israelis know that Mullen knows that the attack on the Liberty was deliberate.  Mullen could have raised no more neuralgic an issue to take a shot across an Israeli bow than to cite the attack on the Liberty. The Jerusalem Post reported that Mullen cautioned that a Liberty-type incident must be avoided in any future military actions in the Middle East.

Perhaps Mullen had learned something from the heroism of Terry Halbardier

Ray McGovern works with Tell the Word, the publishing arm of the ecumenical Church of the Saviour in inner-city Washington. After serving as an Army infantry/intelligence officer, he spent a 27-year career as a CIA analyst. He is co-founder of Veteran Intelligence Professionals for Sanity (VIPS).




The Real Bob Mueller

Robert Mueller Wednesday implied he would have indicted Donald Trump if he could have, resurrecting his saint-like status among Democrats who will now likely go for impeachment. But who is the real Bob Mueller? Ex-FBI official Coleen Rowley explained on June 6, 2017.

By Coleen Rowley
Special to Consortium News
June 6, 2017

Mainstream commentators display amnesia when they describe former FBI Directors Robert Mueller and James Comey as stellar and credible law enforcement figures. Perhaps if they included J. Edgar Hoover, such fulsome praise could be put into proper perspective.

Although these Hoover successors, now occupying center stage in the investigation of President Trump, have been hailed for their impeccable character by much of Official Washington, the truth is, as top law enforcement officials of the George W. Bush Administration (Mueller as FBI Director and James Comey as Deputy Attorney General), both presided over post-9/11 cover-ups and secret abuses of the Constitution, enabled Bush-Cheney fabrications used to launch wrongful wars, and exhibited plain vanilla incompetence.

TIME Magazine would probably have not called my own disclosures abombshell memo to the Joint Intelligence Committee Inquiry in May 2002 if it had not been for Mueller’s having so misled everyone after 9/11. Although he bore no personal responsibility for intelligence failures before the attack, since he only became FBI Director a week before, Mueller denied or downplayed the significance of warnings that had poured in yet were all ignored or mishandled during the Spring and Summer of 2001.

Bush Administration officials had circled the wagons and refused to publicly own up to what the 9/11 Commission eventually concluded, “that the system had been blinking red.” Failures to read, share or act upon important intelligence, which a FBI agent witness termed criminal negligence” in later trial testimony, were therefore not fixed in a timely manner. (Some failures were never fixed at all.)

Worse, Bush and Cheney used that post 9/11 period of obfuscation to “roll out” their misbegotten “war on terror,” which only served to exponentially increase worldwide terrorism.

Unfulfilled Promise

I wanted to believe Director Mueller when he expressed some regret in our personal meeting the night before we both testified to the Senate Judiciary Committee. He told me he was seeking improvements and that I should not hesitate to contact him if I ever witnessed a similar situation to what was behind the FBI’s pre 9/11 failures.

A few months later, when it appeared he was acceding to Bush-Cheney’s ginning up intelligence to launch the unjustified, counterproductive and illegal war on Iraq, I took Mueller up on his offer, emailing him my concerns in late February 2003. Mueller knew, for instance, that Vice President Dick Cheney’s claims connecting 9/11 to Iraq were bogus yet he remained quiet. He also never responded to my email.

Beyond ignoring politicized intelligence, Mueller bent to other political pressures. In the aftermath of the 9/11 attacks, Mueller directed the “post 9/11 round-up” of about 1,000 immigrants who mostly happened to be in the wrong place (the New York City area) at the wrong time. FBI Headquarters encouraged more and more detentions for what seemed to be essentially P.R. purposes. Field offices were required to report daily the number of detentions in order to supply grist for FBI press releases about FBI “progress” in fighting terrorism. Consequently, some of the detainees were brutalized and jailed for up to a year despite the fact that none turned out to be terrorists.

A History of Failure

Long before he became FBI Director, serious questions existed about Mueller’s role as Acting U.S. Attorney in Boston in effectively enabling decades of corruption and covering up of the FBI’s illicit deals with mobster Whitey Bulger and other “top echelon” informants who committed numerous murders and crimes. When the truth was finally uncovered through intrepid investigative reporting and persistent, honest judges, U.S. taxpayers footed a $100 million court award to the four men framed for murders committed by (the FBI-operated) Bulger gang.

Current media applause omits the fact that former FBI Director Mueller was the top official in charge of the Anthrax terror fiasco investigation into those 2001 murders, which targeted an innocent man (Steven Hatfill) whose lawsuit eventually forced the FBI to pay $5 million in compensation. Mueller’s FBI was also severely criticized by Department of Justice Inspector Generals finding the FBI overstepped the law improperly serving hundreds of thousands of “national security letters” to obtain private (and irrelevant) metadata on citizens, and for infiltrating nonviolent anti-war groups under the guise of investigating “terrorism.”

For his part, Deputy Attorney General James Comey, too, went along with the abuses of Bush and Cheney after 9/11 and signed off on a number of highly illegal programs including warrantless surveillance of Americans and torture of captives. Comey also defended the Bush Administration’s three-year-long detention of an American citizen without charges or right to counsel.

Up to the March 2004 night in Attorney General John Ashcroft’s hospital room, both Comey and Mueller were complicit with implementing a form of martial law, perpetrated via secret Office of Legal Counsel memos mainly written by John Yoo and predicated upon Yoo’s singular theories of absolute “imperial” or “war presidency” powers, and requiring Ashcroft every 90 days to renew certification of a “state of emergency.”

The Comey/Mueller Myth

What’s not well understood is that Comey’s and Mueller’s joint intervention to stop Bush’s men from forcing the sick Attorney General to sign the certification that night was a short-lived moment. A few days later, they all simply went back to the drawing board to draft new legal loopholes to continue the same (unconstitutional) surveillance of Americans.

The mythology of this episode, repeated endlessly throughout the press, is that Comey and Mueller did something significant and lasting in that hospital room. They didn’t. Only the legal rationale for their unconstitutional actions was tweaked.

Mueller was even okay with the CIA conducting torture programs after his own agents warned against participation. Agents were simply instructed not to document such torture, and any “war crimes files” were made to disappear. Not only did “collect it all” surveillance and torture programs continue, but Mueller’s (and then Comey’s) FBI later worked to prosecute NSA and CIA whistleblowers who revealed these illegalities.

Neither Comey nor Mueller — who are reported to be joined at the hip” — deserve their current lionization among politicians and mainstream media. Instead of Jimmy Stewart-like “G-men” with reputations for principled integrity, the two close confidants and collaborators merely proved themselves, along with former CIA Director George “Slam Dunk” Tenet, reliably politicized sycophants, enmeshing themselves in a series of wrongful abuses of power along with official incompetence.

It seems clear that based on his history and close “partnership” with Comey, called “one of the closest working relationships the top ranks of the Justice Department have ever seen,” Mueller was chosen as Special Counsel not because he has integrity but because he will do what the powerful want him to do.

Mueller didn’t speak the truth about a war he knew to be unjustified. He didn’t speak out against torture. He didn’t speak out against unconstitutional surveillance. And he didn’t tell the truth about 9/11. He is just “their man.”

Coleen Rowley, a retired FBI special agent and division legal counsel whose May 2002 memo to then-FBI Director Robert Mueller exposed some of the FBI’s pre-9/11 failures, was named one of TIME magazine’s “Persons of the Year” in 2002. Her 2003 letter to Robert Mueller in opposition to launching the Iraq War is archived in full text on the NYT and her 2013 op-ed entitled “Questions for the FBI Nominee” was published on the day of James Comey’s confirmation hearing. This piece will also be cross-posted on Rowley’s Huffington Post page.)

Relevant links:

http://content.time.com/time/covers/0,16641,20020603,00.html

http://govinfo.library.unt.edu/911/report/911Report_Ch8.pdf

http://www.nytimes.com/2006/03/21/us/nationalspecial3/fbi-agent-testifies-superiors-didnt-pursue-moussaoui.html

http://www.truth-out.org/archive/component/k2/item/68973:the-iraq-effect-war-has-increased-terrorism-sevenfold-worldwide

http://www.dailymail.co.uk/news/article-3322308/Number-people-killed-terrorists-worldwide-soars-80-just-year.html

http://www.nytimes.com/2003/03/05/politics/full-text-of-fbi-agents-letter-to-director-mueller.html

https://oig.justice.gov/special/0306/full.pdf

https://www.nytimes.com/2015/06/18/us/immigrants-suit-over-detention-after-9-11-is-revived.html

https://www.bostonglobe.com/metro/1970/01/19/one-lingering-question-for-fbi-director-robert-mueller/613uW0MR7czurRn7M4BG2J/story.html

http://www.ocregister.com/2017/05/21/comey-mueller-bungled-big-anthrax-case-together/

https://www.mintpressnews.com/anthrax-russiagate-muellers-special-counsel-appointment-raise-concern/228317/

http://www.pbs.org/newshour/bb/government_programs-jan-june07-patriotact_03-09/

http://abcnews.go.com/TheLaw/DOJ/story?id=4444329

https://www.aclu.org/news/fbi-counterterrorism-unit-spies-peaceful-faith-based-protest-group

http://www.nytimes.com/2013/07/09/opinion/questions-for-the-fbi-nominee.html

https://theintercept.com/2016/02/25/fbi-director-james-comey-who-signed-off-on-waterboarding-is-now-losing-sleep-over-an-iphone/

http://www.newsweek.com/ali-soufan-breaks-his-silence-77243

http://www.foxnews.com/opinion/2017/05/19/gregg-jarrett-why-robert-mueller-should-resign-as-special-counsel.html

https://www.washingtonpost.com/news/the-fix/wp/2017/05/10/want-a-special-prosecutor-to-replace-james-comey-history-might-change-your-mind/?utm_ter4091053795m

https://www.washingtonpost.com/news/morning-mix/wp/2017/03/03/the-flawed-record-of-special-prosecutors-who-create-as-much-controversy-as-they-resolve/?utm_term=.29989d7a3635




The Revelations of WikiLeaks: No. 3—The Most Extensive Classified Leak in History

The “Iraq War Logs” disgorged an unprecedented profusion of documents, military reports and videos, reports Patrick Lawrence. 

By Patrick Lawrence
Special to Consortium News

For WikiLeaks, 2010 was an exceptionally eventful year. In April the transparency organization released “Collateral Murder,” the video of U.S. Army helicopters as they shot more than a dozen Iraqis in Baghdad. That proved a worldwide shock and put the 4-year-old publisher on the global media map.

“Afghan War Diaries,” a cache of 75,000 documents, followed in July.

Three months later, on Oct. 22, 2010, WikiLeaks released an even more explosive trove: 391,831 documents and videos it named Iraq War Logs.” This superseded “Afghan War Diaries” as by far the most extensive leak of classified material in U.S. history. It shone a stark light on the U.S.–led coalition’s conduct in Iraq after its 2003 invasion, when the nation had erupted into a violent sectarian war. Julian Assange, WikiLeaks founder, said the Logs “constituted the most comprehensive and detailed account of any war ever to have entered the public record.”

The source for the “Iraq War Logs” was once again Chelsea Manning, who by then was in a military prison awaiting trial on charges connected to “Collateral Murder” that wound up including 22 counts of theft, assisting the publication of classified intelligence and aiding the enemy.

The Documents

With the publication of  the “Iraq War Logs,” WikiLeaks disgorged an unprecedented profusion of documents, military reports and videos.

The Logs cover the six-year period from Jan. 1, 2004, (a matter of months after the 2003 invasion) to Dec. 31, 2009.  WikiLeaks  partnered with The New York Times, The Guardian, Der Spiegel, Al Jazeera and Le Monde to disseminate the Iraq Logs. 

Taken together, the Logs portray Iraq under allied occupation as the scene of lawless mayhem and violence. Codes of conduct were routinely ignored, shootings were often indiscriminate and torture of detainees was regularly treated as acceptable practice. Innocent civilians were under constant threat of U.S.-led coalition gunfire and arrest, interrogation, and mistreatment by allied military units and the Iraqi army and police.

Among the Logs’ most significant revelations:

Torture of Detainees

The Iraqi military and police systematically tortured prisoners — including women, children and other civilians — with the tacit approval (and at times the complicity) of U.S. forces. On numerous occasions U.S. troops were directly responsible for the torture of detainees. Here is a typical report of prisoner abuse by a Special Operations unit. The incident occurred on Feb. 2, 2006; the report conveys the routine fashion in which the coalition treated such events. The detainees name, the Special Operations unit’s name, and the location of the incident are deleted:

ALLEGED DETAINEE ABUSE BY TF ___ IN ___ 2006-02-02 17:50:00

AT 2350C, IN ___, WHILE CONDUCTING OUT-PROCESSING, DETAINEE # ___ REPORTED THAT HE WAS ABUSED DURING HIS CAPTURE. DETAINEE IS MISSING HIS RIGHT EYE, AND HAS SCAR___ ON HIS RIGHT FOREARM. DETAINEE STATES THAT HIS INJURIES ARE A RESULT OF THE ABUSE THAT HE RECEIVED UPON CAPTURE. DIMS INDICATE THAT THE DETAINEE WAS CAPTURED ON ___ IN ___, AND THE CAPTURING UNIT WAS TASK FORCE ___. THE DETAINEES CAPTURE TAG NUMBER IS ___. IN PROCESSING PERSONNEL STATE THAT THE DETAINEE___ CAPTURE PHOTO DEPICTS A BANDAGE OVER HIS RIGHT EYE, AND INJURY TO HIS RIGHT FOREARM. THE DETAINEE HAS COMPLETED THE DETAINEE ABUSE COMPLAINT FORM, AND WE ARE SEEKING A SWORN STATEMENT FROM THE DETAINEE. PER ORDER OF Task force ___, THE DETAINEE ___ TRANSFERRED AS SCHEDULED, AND CONTINUE CID INVESTIGATION UPON ARRIVAL AT ___ GHRAIB.

There are many thousands of similar reports detailing the violent misconduct of coalition and Iraqi forces.

Among WikiLeak’s key revelations, scarcely mentioned in U.S. media reports, were the American army’s secret orders effectively requiring U.S. military units to ignore thousands of cases of “green-green” torture, violence and murder — incidents involving Iraqi detainees held at Iraqi army bases, police stations and prisons. The list of common green-green practices makes repellent reading. Accounts of such incidents, sometimes accompanied by video shot as they occurred, detail beatings of blindfolded prisoners; stabbings; electrocutions; whippings with wires; and sodomy with hoses, water bottles and other objects.

The first U.S. orders covering these incidents were issued in June 2004, two months after the torture practices of U.S. troops at Abu Ghraib broke into the news. The orders were called Frago 242, meaning “fragmentary orders.” Providing there was no U.S. involvement in an incident, American forces were told not to investigate it “unless directed by higher headquarters,” or HHQ. Frago 039, a subsequent order issued in April 2005, required U.S. troops to report green-green incidents; U.S. troops would report more than 1,300 cases of green-green torture to their commanding officers. But, once again, they were ordered to take no further action. Frago 242 and 039 were clear breaches of U.S. responsibility in Iraq.

Please Make a Donation to Our
Spring Fundraising Drive Today!

Here is an example of the reports U.S. forces routinely filed after Frago 242 and Frago 039 were issued. It recounts the apparent murder of a detainee while in Iraqi custody. The incident occurred on Aug. 9, 2009, in Ramadi. Iraqi officials termed the detainee’s death a suicide, while the U.S. report found the detainee’s injuries “consistent with abuse.” The U.S. military closed the case the following October; there is no indication any action was taken:

Date: 2009-08-27 09:00:00

Type: Suspicious Incident

Category: Other

Tracking no.: 20090827090038SLB413998

Title: (SUSPICIOUS INCIDENT) OTHER RPT RAMADI IRAQI CTU : 1 UE KIA

Summary: WHO: RAMADI PGC TT

WHAT: Reports possible detainee abuse

WHEN: 270900C AUG 09

WHERE: Iraqi CTU in Ramadi IVO (38S LB 413 998)

HOW: At 270900C AUG 09, the PGC TT reports possible detainee abuse IVO (38S LB 413 998). On 26 Aug 09, a PGC TT (which included a USN Corpsman) conducted a post mortem visual examination of JASIM MOHAMMED AHMED AL-SHIHAWI, an individual arrested in conjunction with a VBIED interdicted NE of Camp Taqaddum (SIGACT Entry DTG: 241130CAug09). The detainee was transferred from the IHP in Saqlawiah to the Iraqi CTU in Ramadi for questioning and while in custody, reportedly committed suicide. The PGC TT personnel conducting the post mortem examination found bruises and burns on the detainee`s body as well as visible injuries to the head, arm, torso, legs, and neck. The PGC TT report the injuries are consistent with abuse. The CTU/IP have reportedly begun an investigation into the detainees death. An update will be posted when more information becomes available. The SIR is attached.

CLOSED 20091019

On Oct. 24, 2010, two days after WikiLeaks published the “Iraq War Logs,” Al Jazeera released “U.S. Turns a Blind Eye to Torture.” The video details the Frago 242 and 039 stipulations as revealed in the Logs. While some incidents were eventually investigated — apparently including the one in Ramadi — there is no record of Iraqi personnel receiving a sentence for misconduct. The Al Jazeera report traces knowledge of the orders to “the highest levels of the U.S. government” — including, the video makes plain, Donald Rumsfeld, then defense secretary.

Civilian Deaths

For the first two years following the 2003 invasion, U.S. military authorities denied keeping records of civilian deaths in Iraq. Only in 2005, when the Defense Department began reporting statistics to Congress, did it emerge that the military had in fact compiled such records. But the DoD’s reports were too imprecise to constitute a reliable record: Deaths and injuries were combined, as were civilian and Iraqi army casualties. And the official numbers were consistently lower than other contemporaneous figures, according to Iraq Body Count, an investigative nongovernmental group based in London. In the five-year period the Logs cover, U.S. military logs put the number of Iraqi casualties at 109,032, some 60,000 of whom were civilians.

The “Iraq War Logs” did much to clarify the casualty question. In a detailed report, Iraq Body Count said the Logs made it possible, for the first time, to combine disparately sourced data to build a significantly more complete picture.

Iraq Body Count estimated that the Logs “will add in the order of 15,000 previously unrecorded Iraqi civilian deaths to the public record.” It concluded: “A final accounting of the human tragedies contained in the Iraq War Logs will require much time and painstaking effort, but it is now at least possible.”

Checkpoint Incidents

“Iraq War Logs” include nearly 14,000 incidents the U.S. military labeled “escalation of force” events. This principle requires military units to take a series of non-lethal steps before resorting to deadly force. These incidents occurred in a variety of circumstances. The Logs underscore the frequency of them at U.S. military checkpoints or near U.S. convoys and patrols. These incidents appear to reflect the U.S. military’s often random, undisciplined use of force during the period covered in the Logs.

The Logs reveal that some 680 Iraqi civilians were fatally shot in such incidents; roughly 2,000 others were injured. Casualties included families, pregnant women, and physically or mentally impaired Iraqis. These incidents commonly involved innocent people who unwittingly strayed too close to a U.S. checkpoint. They very often reflected disproportionate use of force by U.S. troops.

Al Jazeera published a thorough report on checkpoint shootings on Oct. 23, 2010, the day after WikiLeaks released the Logs. The Daily Telegraph published a report on Oct. 24 detailing numerous similar cases. Both noted an incident described in the Logs and dating to September 2005. It is more typical than exceptional. Here is a portion of Al Jazeera’s report:

“In September 2005, after going through an appropriate escalation, two soldiers from the 1–155thinfantry opened fire on an approaching vehicle with M249 machine guns. Both poured 100 bullets into the car—five or six seconds of sustained fire from a gun capable of shooting 1,000 rounds per minute.”

The shooting killed a man and a woman in the car’s front seat and wounded children aged 6 and 9 in the rear seat. “Relatives of those killed,” Al Jazeeranotes, “were later awarded $10,000 compensation from the U.S. military, which found the soldiers violated their rules of engagement.”

Al Jazeera’s analysis of the Logs indicated that the number of escalation-of-force incidents fell sharply in 2008, to fewer than 1,600 from more than 3,500 the previous year. “That was due, in part, to new rules intended to protect civilians—but also because Iraqi security forces, instead of Americans, had taken over an increasing number of checkpoints,” Al Jazeeera’s Gregg Carlstrom wrote. “‘Escalation of force’ incidents by Iraqi troops are not often reported by the U.S. military.”

Shootings from Helicopter Gunships

The Apache helicopter videotaped and featured in “Collateral Murder” was known as Crazy Horse 18. The Logs reveal that several Apaches in the Crazy Horse unit  conducted a series of fatal attacks in addition to the July 2007 incident recorded in the video released as “Collateral Murder” in April 2010. The most noted of these sheds light on the legal rationale U.S. forces often claimed to justify their conduct.

The incident occurred near Baghdad on Feb. 22, 2007, when Apache 18’s crew identified two insurgents on the ground below the aircraft who were trying to surrender. While tracking the two men, Apache 18’s crew radioed a military attorney at a nearby air base to seek legal guidance. “Lawyer states they cannot surrender to aircraft and are still valid targets,” the Logs entry reads. Crazy Horse first launched a Hellfire missile at the insurgents. They were killed by a 30mm cannon in a subsequent strafing run.

“Iraq War Logs” comprises reports and other documents detailing a very wide range of incidents during the five years of military engagement they cover. In releasing the Logs, WikiLeaks classified them under various headings, indicating the number of incidents in each category. “Enemy Action” records 104,272 events. There were 31,234 “Criminal Events” and 1,328 reports of “Friendly Fire.” The WikiLeaks site includes a search engine that greatly facilitates research in the vast trove of documents it sent into the public domain on Oct. 22, 2010.

Official Reaction

Because Assange  had announced the imminent publication of “Iraq War Logs,” U.S. officials were able to brace for their release, although none knew the size and contents of the Logs or the planned date of publication. A Pentagon spokesman, Col. Dave Lapan, told CNN  the Pentagon had a team of 120 experts “who are poised to immediately begin reading any documents on the WikiLeaks site.” He added: “We don’t know how these documents might be released, when these documents might be released, in what number they might be released. So we’re sort of preparing for all eventualities.”

Once the Logs were published, official reactions were mixed. While some American and British officials did focus on the troubling contents, most resorted to what amount to boilerplate condemnations of WikiLeaks for endangering the lives of military personnel serving in Iraq.

James F. Jeffrey, Washington’s ambassador to Baghdad at the time, said some of what WikiLeaks published “may or may not be 100 percent correct.” As quoted by The Associated Press, he added, “We are very troubled by any claim of any action undertaken — first of all by our own forces, or by our allies and partners, the Iraqi forces.” Jeffrey, it is to be noted, made these remarks before an audience of Iraqis.

Human rights officials at the U.N. called for the U.S. and Iraq to investigate the many indications of torture found in the Logs, including evidence that U.S. forces continued to turn over detainees to Iraqi authorities despite knowledge that Iraqis were torturing them. In London, Nick Clegg supported calls for an investigation. Speaking on a BBC talk show, the deputy prime minister at the time added, “We can bemoan how these leaks occurred, but I think the nature of the allegations made are extraordinarily serious. I think anything, anything that suggests that you know basic rules of war and conflict and of engagement have been broken or that torture has in any way been condoned are extremely serious and need to be looked at.”

Many other officials summarily condemned WikiLeaks for releasing “Iraq War Logs” — typically without addressing the revelations. In a videotaped statement, Hillary Clinton, as U.S. secretary of state, asserted, “We should condemn in the most clear terms the disclosure of any classified information … which puts the lives of United State and partner service members at risk.” In a Twitter message the day of the release, Mike Mullen, then chairman of the joint chiefs of staff, stated flatly, “Another irresponsible posting of stolen classified documents by WikiLeaks puts lives at risk and gives adversaries valuable information.”

Elsewhere, Britain’s Defense Ministry released an emailed statement. “We condemn any unauthorized release of classified material,” it read. “This can put the lives of UK service personnel and those of our allies at risk and make the job of Armed Forces in all theaters of operation more difficult and more dangerous. It would be inappropriate to speculate on the specific detail of these documents without further investigation while the Iraq Inquiry is ongoing. There is no place for mistreatment of detainees and we investigate any allegation made against our troops….”

In Baghdad, Iraqi Prime Minister Nouri al-Maliki accused WikiLeaks of attempting to undermine his effort to form a new government by provoking public animosity “against national parties and leaders, especially against the prime minister.” The Interior Ministry responded more directly to the contents of the Logs. “We will not turn a blind eye to any of these matters,” Deputy Minister Hussein Kamal stated in a Reuters interview. “Everyone responsible for any crimes will be prosecuted and justice will take its course.”

Media Response

The reactions of global media to “Iraq War Logs” were also mixed. All of the media given advance access to the Logs reported on their findings in multiple stories and videos. Notable among these were Al Jazeera and The New York Times.

The New York Times set up an interactive site called “The War Logs,” which featured a search mechanism enabling readers to sift through the Logs’ immense inventory of documents according to topic.

At the same time, the Times’ treatment of the Logs was in important respects defective. Alone among major global media, it effectively erased the complicity of U.S. forces in the torture of Iraqi detainees, sanitizing its reports of such incidents to suggest Iraqi military and police units acted autonomously and without the knowledge of U.S. authorities. 

Al Jazeera featured print and video pieces, an index by subject, and a glossary to help readers and viewers decipher often-difficult military terminology.

In the run-up to the release of the “Iraq War Logs,” many news outlets began to focus as much on the WikiLeaks organization and Assange’s personality as they did on the publisher’s latest (and most extensive) release — a pattern that has been evident ever since. “Since the publication of the ‘Afghan War Diaries,’ internal strife has wracked WikiLeaks,” CNN reported the day the Iraq documents were published. “Some in the mostly secretive group of volunteers — computer security specialists, journalists, aid workers, many with day jobs — have quit, citing disagreements with the way the group conducts business.”

Such reports were numerous and consistently portrayed WikiLeaks and its founder in the most unfavorable light possible. Assange and those around him acknowledged “growing pains,” as Assange put it shortly before releasing “Iraq War Logs.” In addition to staff and organizational changes, money had become a challenge by this time. Examining leaks is “a very expensive process,” Assange said at an August press conference in London. Assange’s reference was to roughly 15,000 documents that were withheld awaiting review when WikiLeaks released the initial 75,000 documents comprising the “Afghan War Diaries.”

Two pieces of journalism deserve to be singled out.

On the day before WikiLeaks published “Iraq War Logs,” Democracy Now! countered the widespread official accusations that WikiLeaks’ publications endanger Americans and U.S. national security. “WikiLeaks sparked condemnation from the U.S. government when it released the 91,000 Afghan war logs in July,” host Amy Goodman noted. “The White House and the Pentagon accused the website of irresponsibility. They claimed they were putting people’s lives in danger. But The Associated Press recently obtained a Pentagon letter reporting that no U.S. intelligence sources or practices were compromised by the leak.”

The featured guest on the program that day was Daniel Ellsberg, who was passing through New York en route to London, where he was to join Assange in a press conference. The Democracy Now! program’s virtue lay in connecting WikiLeaks to the history of whistleblowing in the U.S. 

The man who in 1971 leaked the hidden history of the Vietnam War was eloquent in his defense of Assange and WikiLeaks in this context. “I’ve waited 40 years for a release on this scale,” he told Goodman and Juan Gonzalez. “I think there should have been something on the scale of the Pentagon Papers every year. How often do we need this kind of thing? We haven’t seen it. So I’m very glad that someone is taking the risk and the initiative to inform us better now.”

On the day the Logs were released, The New York Times sent Iraqi journalists working in its Baghdad bureau around the country to record the reactions of ordinary Iraqis. The Times was careful to explain that it was not a scientifically conducted opinion poll, but “rather a snapshot of the feelings expressed by some ordinary Iraqis on the streets in the first few hours after the publication.”

The results were published in the Times’ “At War” blog. They constitute a brief but salient record of how events appeared among people on the receiving end of them — a rarity in American reporting from abroad. Not surprisingly, the Times reporters found that most of the Iraqis they interviewed — reports on 34 were published —were grimly aware of the events the “Iraq War Logs” documented and saw justice in their release into the public realm.

“I do not think that what is there is a surprise to Iraqis,” Umm Taha, a 30-year-old translator, said. “What is important is that the facts have become legally installed, and there are documents that no one can deny.”

“These are shameful crimes, and I am sure that the worst were hidden,” said Yahoo Raaid,38, an engineer in Mosul. “America said that it sent its troops from afar to spread democracy and freedom for Iraqis, but what happened is that Iraq became a center and base for terrorists to settle their problems with their enemies in Iraq.”

Zubaida Hatem, a pharmacist aged 26, said, “I was not shocked by what I heard. Of course it will be a big deal in other countries, but the reason we see it as it is, not as something huge, is because of what we are suffering here inside Iraq. We have witnessed terrible things, so this is nothing compared with the reality on the streets …. It made [me] remember the ones that I lost. My uncle died in the sectarian violence during 2006, and this reminded me of him. Whenever we want to forget something happens and brings back all the pain.”

Patrick Lawrence, a correspondent abroad for many years, chiefly for the International Herald Tribune, is a columnist, essayist, author, and lecturer. His most recent book is “Time No Longer: Americans After the American Century” (Yale). Follow him @thefloutist. His web site is www.patricklawrence.us. Support his work via The Floutist.

Please Make a Donation to Our
Spring Fundraising Drive Today!




US Executive Power and the ‘State of Exception’

After decades of global integration, Dan Steinbock sees imperial presidential policies based on “national security interests” producing majestic mistakes.

How Carl Schmitt Took Over the White House

By Dan Steinbock
Special to Consortium News            

As the controversial German jurist Carl Schmitt saw it in the interwar Third Reich, legal order ultimately rests upon the decisions of the sovereign, who alone can meet the needs of an “exceptional” time, transcending the law so that order can then be reestablished. “Sovereign is he who decides on the exception,” he wrote. “All law is situational law.”

In post-Weimar Germany, such ideas contributed to the eclipse of liberal democracy. Following Sept. 11, 2001, similar arguments renewed neoconservative interest in Schmitt and the “state of exception.” In this world the status quo is in a permanent state of exception, as enemies — “adversaries, others and strangers” — will unite “us” against “them.”

In this view, the U.S. response to 9/11 was not unusual because liberal wars are “exceptional.” Rather, it was a manifestation of ever-more violent types of war within the very attempt to fight wars that would end “war” as such.

Similarly, it is politically expedient to legitimize a trade war and other political battles in the name of “national security,” which allows the sovereign to redefine a new order on the basis of a state of exception. Subsequently, a new national security strategy redefines “friends” as “enemies” and “us” as victims who are thus justified to seek justice from our “adversaries” — “them.”

The logic of the state of exception leaves open the question how the White House could establish such a trade war as a sovereign, when such trade wars have not been supported by most of President Donald Trump’s constituencies and have been opposed by much of the Congress and by most Americans.

Unitary Executive Theory

What looms behind the Schmittian White House is a tradition of conservative thought relying on the unitary executive theory in American constitutional law, which deems that the president possesses the power to control the entire executive branch.

The first administration to make explicit reference to the “unitary executive” was the Reagan administration. Typically, the practice has evolved since the 1970s, when President Richard Nixon decoupled the U.S. dollar from the Bretton Woods gold standard and trade deficits began to rise.

The terrorist attacks of 9/11 allowed the George W. Bush administration to make the unitary executive theory a common feature of signing statements, particularly in the execution of national-security decisions, which divided Capitol Hill and were opposed by most Americans.

In the case of Trump, the need for inflated unitary executive power arose with Special Counsel Robert Mueller’s investigation, which restricted the president’s strategic maneuverability to operate with the Republican Congress in 2017-18 but permitted actions that required only executive power, typically in tax and trade policy.

In this view, efforts at a U.S.-Sino trade compromise may prove more challenging than anticipated, as evidenced by the extended truce talks. Even a trade compromise may prove unlikely to deter subsequent bilateral technology wars, which have been heralded by U.S. actions in the case of Huawei and longstanding efforts to sustain American primacy in 5G technologies. As U.S. production capacity has been offshored since the 1980s, such efforts rely on national security considerations.

If the trade war is less about trade than about a U.S. effort at economic and strategic primacy, no “concession” may prove enough for the Trump White House, which may be more likely to re-define the status quo on the basis of a national emergency.

‘Costly, Mysterious Wars’

The idea of the “imperial presidency” in America is hardly new, as historian Arthur M. Schlesinger Jr. demonstrated in the Nixon era:

“The weight of messianic globalism was indeed proving too much for the American Constitution .… In fact, the policy of indiscriminate global intervention, far from strengthening American security, seemed rather to weaken it by involving the United States in remote, costly and mysterious wars.”

Please Make a Donation to Our
Spring Fundraising Drive Today!

Ostensibly moderate administrations, including that of President Barack Obama, have conformed to this rule. During Obama’s first term in office, America expanded its military presence in Afghanistan and increased drone missile strikes across Pakistan, Yemen and Somalia. The administration also deployed the military to combat piracy in the Indian Ocean, engaged in a sustained bombing operation in Libya, and deployed U.S. Special Forces in Central Africa. In these cases, Obama decided to use force without congressional approval.

During the past half century, amid a series of asset bubbles, a slate of new foreign interventions, the Iraq War debacle and the $22 trillion U.S. sovereign debt, the imperial presidency has become a target of broader criticism. But why has it grown even harder to challenge?

Certainly, one critical force has been campaign finance and the increasing role of “big money” in American politics. In particular, the Supreme Court’s 5-4 decision in Citizens United v. Federal Election Commission, which struck down a federal prohibition on independent corporate campaign expenditures, paved the way for corporate power to override democratic power in the White House.

At the same time, the ultra-rich have begun to play a more active part in politics, with serious consequences for American democracy, as many American political scientists have warned.

In the new status quo, neither 20th century American Empire nor 21stcentury Third Reich is needed for majestic policy mistakes. Imperial Presidency will do. Indeed, even the sovereign’s executive power may suffice.

Emergency Powers in Time of Peace

The uses of executive power are likely to go far beyond the current rivalry  for artificial intelligence (AI), as evidenced by Trump’s efforts to re-define, re-negotiate or reject major U.S. trade deals on the basis of national security. By the same token, foreign investment reviews will be overshadowed by national security considerations.

As postwar multilateralism has been replaced with unilateralism, the White House sees itself in international strategic competition with other great powers, particularly Russia and China, yet old allies – including Europe and Japan – are not excluded.

Since the U.S. Constitution ensures the president a relatively broad scope of emergency powers that may be exercised in the event of crisis, exigency or emergency circumstances (other than natural disasters, war, or near-war situations), it matters how the White House chooses to apply its definition of a “state of exception.”

Under the current, wide definition, it is prudent to expect escalated international trade disputes between the U.S. and other members of the World Trade Organization, even against the WTO itself. Citing diffuse national security reasons, the White House defends its tariffs under the GATT Article XXI; the so-called national security exception.

There is a big difference between the repercussions of such executive decisions in the postwar era and the early 21stcentury. In the past, policy mistakes could penalize the U.S. economy and democracy. After half a century of increasing global interdependency, they can derail global economic prospects.

Dr. Dan Steinbock is the founder and director of Difference Group and has served at the India, China and America Institute (U.S.), Shanghai Institute for International Studies (China) and the EU Center (Singapore). For more, visit the Difference Group

This commentary draws in part from his new analysis, “U.S.-Sino Futures,” released by Chinese Quarterly of International Studies (CQISS).

Please Make a Donation to Our
Spring Fundraising Drive Today!




Consortium News’ Record on Russiagate—How CN Covered the ‘Scandal’: No. 7: ‘Russiagate Is No Watergate or Iran-Contra’

Many comparisons have been made between Russiagate and the earlier scandals of Watergate and Iran-Contra, but the similarities are at best superficial, explained Robert Parry on June 28, 2017.

On CNN last week Carl Bernstein astonishingly said that the Mueller report uncovered a scandal bigger than Watergate. No one died in either Watergate or Russiagate. But they did in Iran-Contra, when the Reagan White House skirted Congress’ decision to cut off funding for the Contras, which led to many more deaths in Nicaragua. It was a scandal uncovered by CN’s founder Bob Parry for the Associated Press. Parry, who was ahead of the pack in debunking Russiagate, filed this report for CN on June 28, 2017.

Russiagate Is No Watergate or Iran-Contra

By Robert Parry
Special to Consortium News

Russia-gate, the sprawling investigation into whether Russia meddled in last year’s U.S. election, is often compared to the two big political scandals of the latter half of the Twentieth Century, Watergate and Iran-Contra. Sometimes you even hear that Russia-gate is “bigger than Watergate.”

Yet what is perhaps most remarkable about those two Twentieth Century scandals is how little Official Washington really understands them – and how these earlier scandals significantly contrast, rather than compare, with what is unfolding now.

Although the historical record is still incomplete on Watergate and Iran-Contra, the available evidence indicates that both scandals originated in schemes by Republicans to draw foreign leaders into plots to undermine sitting Democratic presidents and thus pave the way for the elections of Richard Nixon in 1968 and Ronald Reagan in 1980.

As for Russia-gate, even if you accept that the Russian government hacked into Democratic emails and publicized them via WikiLeaks, there is still no evidence that Donald Trump or his campaign colluded with the Kremlin to do so. By contrast, in the origins of Watergate and Iran-Contra, it appears the Nixon and Reagan campaigns, respectively, were the instigators of schemes to enlist foreign governments in blocking a Vietnam peace deal in 1968 and negotiations to free 52 American hostages in Iran in 1980.

Though Watergate is associated directly with the 1972 campaign – when Nixon’s team of burglars was caught inside the Democratic National Committee offices in the Watergate building – Nixon’s formation of that team, known as the Plumbers, was driven by his fear that he could be exposed for sabotaging President Lyndon Johnson’s Vietnam peace talks in 1968 in order to secure the White House that year.

After Nixon’s narrow victory over Vice President Hubert Humphrey in the 1968 election, FBI Director J. Edgar Hoover informed Nixon that Johnson had a secret file, complete with wiretapped phone calls, detailing the Nixon campaign’s backchannel messages to South Vietnamese officials convincing them to boycott Johnson’s Paris peace talks. Later, Nixon learned that this incriminating file had disappeared from the White House.

So, in 1971, after the leaking of the Pentagon Papers, which recounted the lies that had been used to justify the Vietnam War through 1967, Nixon fretted that the missing file about his peace-talk gambit in 1968 might surface, too, and would destroy him politically. Thus, he organized the Plumbers to find the file, even contemplating fire-bombing the Brookings Institution to enable a search of its safe where some aides thought the missing file might be found.

In other words, Watergate wasn’t simply a break-in at the Democratic National Committee on June 17, 1972, in pursuit of useful political intelligence and Nixon’s ensuing cover-up; the scandal had its origins in a far worse scandal, the derailing of peace talks that could have ended the Vietnam War years earlier and saved the lives of tens of thousands of U.S. soldiers and possibly more than 1 million Vietnamese.

Iran-Contra Parallels

Similarly, the Iran-Contra scandal exploded in 1986 with revelations that President Reagan had authorized secret arms sales to Iran with some of the profits going to fund the Nicaraguan Contra rebels, but the evidence now indicates that the connections between Reagan’s team and Iran’s revolutionary regime traced back to 1980 when emissaries from Reagan’s campaign worked to stymie President Jimmy Carter’s negotiations to free 52 American hostages then held in Iran.

According to multiple witnesses, including former Assistant Secretary of State for Middle Eastern Affairs Nicholas Veliotes, the pre-election contacts led to the opening of a weapons pipeline to Iran (via Israel), after Reagan was sworn in on Jan. 20, 1981, which was the precise moment when Iran finally released the American hostages after 444 days.

Some key players in the 1980 Reagan-Iran contacts reappeared four years later at the start of direct (again secret) U.S. arms shipments to Iran in 1985, which also involved Israeli middlemen. These key players included Iranian CIA operative Cyrus Hashemi, former CIA clandestine services chief Theodore Shackley, Reagan’s campaign chief and then-CIA Director William Casey, and former CIA Director and then-Vice President George H.W. Bush.

In other words, the Iran-Contra weapons shipments of 1985-86 appear to have been an outgrowth of the earlier shipments dating back to 1980 and continuing under Israeli auspices until the supply line was taken over more directly by the Reagan administration in 1985-86.

 Honor the Legacy of Bob Parry with a
Donation
to Our Spring Fund Drive.

Thus, both the Watergate scandal in 1972 and the Iran-Contra Affair in 1986 could be viewed as “sequels” to the earlier machinations driven by Republican hunger to seize the enormous powers of the U.S. presidency. However, for decades, Official Washington has been hostile to these underlying explanations of how Watergate and Iran-Contra began.

For instance, The New York Times, the so-called “newspaper of record,” treated the accumulation of evidence regarding Nixon’s 1968 peace-talk gambit as nothing more than a “rumor” until earlier this year when a scholar, John A. Farrell, uncovered cryptic notes taken by Nixon’s aide H.R. Haldeman, which added another piece to the mosaic and left the Times little choice but to pronounce the historical reality finally real.

Grasping the Watergate Narrative

Still, the Times and other major news outlets have failed to factor this belated admission into the larger Watergate narrative. If you understand that Nixon did sabotage President Johnson’s Vietnam War peace talks and that Nixon was aware that Johnson’s file on what LBJ called Nixon’s “treason” had disappeared from the White House, the early “Watergate tapes” from 1971 suddenly make sense.

Nixon ordered White House chief of staff H.R. “Bob” Haldeman and National Security Adviser Henry Kissinger to locate the missing file but their search came up empty. Yet, some Nixon aides thought the file might be hidden at the Brookings Institution, a liberal think tank in Washington. So, in his desperate pursuit of the file, Nixon called for a break-in at Brookings, possibly even fire-bombing the building as a cover for his team of burglars to slip in amid the confusion and rifle the safe.

The old explanation that Nixon simply wanted to find some file related to Johnson’s 1968 pre-election Vietnam bombing halt never made sense given the extreme steps that Nixon was prepared to take.

The relevant portions of Nixon’s White House tapes include an entry on June 17, 1971, coincidentally one year to the day before the Watergate burglars were caught. Nixon summoned Haldeman and Kissinger to the Oval Office and pleaded with them again to locate the file.

“Do we have it?” Nixon asked Haldeman. “I’ve asked for it. You said you didn’t have it.”

Haldeman: “We can’t find it.”

Kissinger: “We have nothing here, Mr. President.”

Nixon: “Well, damn-it, I asked for that because I need it.”

Kissinger: “But Bob and I have been trying to put the damn thing together.”

Haldeman: “We have a basic history in constructing our own, but there is a file on it.”

Nixon: “Where?”

Haldeman: “[Presidential aide Tom Charles] Huston swears to God that there’s a file on it and it’s at Brookings.”

Nixon: “Bob? Bob? Now do you remember Huston’s plan [for White House-sponsored break-ins as part of domestic counter-intelligence operations]? Implement it.”

Kissinger: “Now Brookings has no right to have classified documents.”

Nixon: “I want it implemented. Goddamn-it, get in and get those files. Blow the safe and get it.”

Haldeman: “They may very well have cleaned them by now, but this thing, you need to “

Kissinger: “I wouldn’t be surprised if Brookings had the files.”

Haldeman: “My point is Johnson knows that those files are around. He doesn’t know for sure that we don’t have them around.”

But Johnson did know that the file was no longer at the White House because he had ordered his national security adviser, Walt Rostow, to remove it in the final days of Johnson’s presidency.

Forming the Burglars

On June 30, 1971, Nixon again berated Haldeman about the need to break into Brookings and “take it [the file] out.” Nixon suggested using former CIA officer E. Howard Hunt to conduct the Brookings break-in.

“You talk to Hunt,” Nixon told Haldeman. “I want the break-in. Hell, they do that. You’re to break into the place, rifle the files, and bring them in. Just go in and take it. Go in around 8:00 or 9:00 o’clock.”

Haldeman: “Make an inspection of the safe.”

Nixon: “That’s right. You go in to inspect the safe. I mean, clean it up.”

For reasons that remain unclear, it appears that the Brookings break-in never took place (nor did the fire-bombing), but Nixon’s desperation to locate Johnson’s peace-talk file was an important link in the chain of events that led to the creation of Nixon’s burglary unit under Hunt’s supervision. Hunt later oversaw the two Watergate break-ins in May and June of 1972.

While it’s possible that Nixon was still searching for the file about his Vietnam-peace sabotage when the ill-fated Watergate break-ins occurred a year later, it’s generally believed that the burglary was more broadly focused, seeking any information that might have an impact on Nixon’s re-election, either defensively or offensively.

However, if you think back on 1971 when the Vietnam War was tearing the country apart and massive antiwar demonstrations were descending on Washington, Nixon’s desperation to locate the missing file suddenly doesn’t seem quite so crazy. There would have been hell to pay if the public learned that Nixon had kept the war going to gain a political advantage in 1968.

Through 1972 – and the early days of the Watergate scandal – former President Johnson had stayed silent about Nixon’s sabotage of the Paris peace talks. But the ex-President became livid when – after Nixon’s reelection in 1972 – Nixon’s men sought to pressure Johnson into helping them shut down the Watergate investigation, in part, by noting that Johnson, too, had deployed wiretaps against Nixon’s 1968 campaign to obtain evidence about the peace-talk sabotage.

While it’s not clear whether Johnson would have finally spoken out, that threat to Nixon ended two days after Nixon’s second inaugural when on Jan. 22, 1973, Johnson died of a heart attack. However, unbeknownst to Nixon, Johnson had left the missing file, called “The X-Envelope,” in the care of Rostow, who – after Johnson’s death – gave the file to the LBJ presidential library in Austin, Texas, with instructions that it be kept under wraps for at least 50 years. (Rostow’s instructions were overturned in the 1990s, and I found the now largely declassified file at the library in 2012.)

So, with the “The X-Envelope” squirreled away for more than two decades at the LBJ library and with the big newspapers treating the early sketchy reports of Nixon’s peace-talk sabotage as only “rumors,” Watergate remained a scandal limited to the 1972 campaign.

Still, Nixon’s cover-up of his campaign’s role in the Watergate break-in produced enough clear-cut evidence of obstruction of justice and other offenses that Nixon was forced to resign on Aug. 9, 1974.

A Failed Investigation

The 1979-81 hostage confrontation with Iran was not nearly as devastating a crisis as the Vietnam War but America’s humiliation during the 444-day-long ordeal became a focus of the 1980 election, too, with the first anniversary of Iran’s seizure of the U.S. Embassy in Tehran coincidentally falling on Election Day 1980.

President Carter’s failure to gain freedom for the 52 embassy personnel turned what had been a close race into a landslide for Ronald Reagan, with Republicans also gaining control of the U.S. Senate and ousting some of the most influential Democratic senators.

In 1984, Reagan won reelection in another landslide, but two years later ran afoul of the Iran-Contra scandal. Reagan’s secret arms sales to Iran and diversion of profits to the Contras “broke” in November 1986 but focused only on Reagan’s 1985-1986 arms sales and the diversion. Still, the scandal’s crimes included violations of the Arms Export Control Act and the so-called Boland Act’s prohibitions on arming the Contras as well as perjury and obstruction of justice. So there was the prospect of Reagan’s impeachment.

But – from the start of Iran-Contra – there was a strong pushback from Republicans who didn’t want to see another GOP president driven from office. There was also resistance to the scandal from many mainstream media executives who personally liked Reagan and feared a public backlash if the press played an aggressive role similar to Watergate.

And, moderate Democrats, such as Rep. Lee Hamilton of Indiana who co-chaired the congressional investigation, sought to tamp down the Iran-Contra fires and set up firebreaks to prevent the investigation from spreading to related crimes such as the Reagan administration’s protection of Contra cocaine traffickers.

“Ask about the cocaine,” pleaded one protester who was dragged from the Iran-Contra hearing room, as the congressional investigators averted their eyes from such unseemly matters, focusing instead on stilted lectures about the Congress’s constitutional prerogatives.

It was not until 1990-91 that it became clear that secret U.S.-approved arms shipments to Iran did not start in 1985 as the Iran-Contra narrative claimed but traced back to 1981 with Reagan’s approval of arms sales to Iran through Israel.

Reagan’s politically risky move of secretly arming Iran immediately after his inauguration and the hostage release was nearly exposed when one of the Israeli flights strayed into Soviet airspace on July 18, 1981, and crashed or was shot down.

In a PBS interview nearly a decade later, Nicholas Veliotes, Reagan’s assistant secretary of state for the Middle East, said he looked into the incident by talking to top administration officials.

“It was clear to me after my conversations with people on high that indeed we had agreed that the Israelis could transship to Iran some American-origin military equipment,” Veliotes said.

In checking out the Israeli flight, Veliotes came to believe that the Reagan camp’s dealings with Iran dated back to before the 1980 election. “It seems to have started in earnest in the period probably prior to the election of 1980, as the Israelis had identified who would become the new players in the national security area in the Reagan administration,” Veliotes said. “And I understand some contacts were made at that time.”

 Honor the Legacy of Bob Parry with a
Donation
to Our Spring Fund Drive.

However, in 1981, Veliotes said, the State Department issued misleading press guidance to cover the administration’s tracks and the Washington media failed to follow up. Thus, the U.S.-Israeli arms pipeline to Iran stayed secret from the American people until November 1986 when — despite Reagan’s long-running insistence that he would never trade arms with a terrorist state like Iran — the operation was exposed.

When I re-interviewed Veliotes in 2012, he said he couldn’t recall who the “people on high” were who had described the informal clearance of the Israeli shipments of U.S.-manufactured weapons, but he indicated that “the new players” were the young neoconservatives who were working on the Reagan campaign, many of whom later joined the administration as senior political appointees.

Documents that I discovered at the Reagan presidential library revealed that Reagan’s neocons at the State Department, particularly Robert McFarlane and Paul Wolfowitz, initiated a policy review in 1981 to allow Israel to undertake secret military shipments to Iran.

McFarlane and Wolfowitz also maneuvered to put McFarlane in charge of U.S. relations toward Iran and to establish a clandestine U.S. back-channel to the Israeli government outside the knowledge of even senior U.S. government officials.

Another Failed Investigation

In 1991, faced with the accumulating evidence of a prequel to the Iran-Contra scandal, Congress grudgingly agreed to take a look at these so-called “October Surprise” allegations. But Republicans, then led by President George H.W. Bush and his White House team, mounted an aggressive cover-up to “spike” the story.

And, with the congressional inquiry largely in the hands again of Rep. Hamilton, the Democrats timidly folded their tent despite a growing body of evidence that the Reagan team was indeed guilty.

Much of that evidence flowed into the House Task Force in December 1992 when President George H.W. Bush had already been defeated for reelection and the Democrats were looking forward to their renewed control of Washington. So, instead of giving a careful review to the new evidence, the House Task Force ignored, disparaged or buried it.

The late-arriving material included sworn testimony on Dec. 18, 1992, from David Andelman, the biographer of French intelligence chief Alexandre deMarenches, describing how deMarenches had confided that he had helped arrange the Republican-Iranian contacts. Andelman, an ex-New York Times and CBS News correspondent, said that while he was working on deMarenches’s autobiography, the arch-conservative spymaster admitted arranging meetings between Republicans and Iranians about the hostage issue in the summer and fall of 1980, with one meeting held in Paris in October.

Andelman said deMarenches ordered that the secret meetings be kept out of his memoirs because the story could otherwise damage the reputations of his friends, William Casey and George H.W. Bush. Andelman’s testimony corroborated longstanding claims from a variety of international intelligence operatives about a Paris meeting involving Casey and Bush. But the Task Force report brushed this testimony aside, paradoxically terming it “credible” but then claiming it was “insufficiently probative.”

The Task Force’s report argued that Andelman could not “rule out the possibility that deMarenches had told him he was aware of and involved in the Casey meetings because he, deMarenches, could not risk telling his biographer he had no knowledge of these allegations.”

In the last weeks of the investigation, the House investigators also received a letter from former Iranian President Bani-Sadr detailing his behind-the-scenes struggle with Ayatollah Ruhollah Khomeini and his son Ahmad over their secret dealings with the Reagan campaign. But the House investigators dismissed Bani-Sadr’s first-hand account as hearsay and thus also lacking “probative value.”

I later unearthed some of the evidence in unpublished Task Force files. However, in the meantime, Official Washington had dismissed the “October Surprise” and other Iran-Contra-connected scandals, like Contra drug trafficking, as conspiracy theories.

The Russian Report

Ironically, another piece of late-arriving evidence was a January 1993 report from a national security committee of the Russian parliament about the Kremlin’s intelligence data confirming that key Republicans, including George H.W. Bush and William Casey, had met with Iranian officials in Europe regarding the hostages during the 1980 campaign.

Hamilton had requested the Russian assistance before the U.S. election in 1992, but the report was not sent until there were only two weeks left in George H.W. Bush’s presidency.

Lawrence Barcella, who served as the Task Force chief counsel, later told me that so much incriminating evidence arrived late that he asked Hamilton to extend the inquiry for three months but that Hamilton said no (although Hamilton told me that he had no recollection of denying Barcella’s request).

The other fatal flaw of the House investigation was that it left much of the actual investigating up to President George H.W. Bush’s White House counsel’s office and the State Department, although Bush was one of the chief suspects and, in 1991-92, was running for re-election, a campaign that would have been derailed if the 1980 October Surprise allegations were confirmed.

The naivete of this decision was underscored years later when I located a memo at Bush’s presidential library stating that the State Department had informed the White House counsel’s office that Casey had traveled to Madrid in 1980, corroborating a key October Surprise allegation.

The confirmation of Casey’s trip was passed along by State Department legal adviser Edwin D. Williamson to Associate White House Counsel Chester Paul Beach Jr. in early November 1991, just as the October Surprise inquiry was taking shape, according to Beach’s “memorandum for record” dated Nov. 4, 1991.

Williamson said that among the State Department “material potentially relevant to the October Surprise allegations [was] a cable from the Madrid embassy indicating that Bill Casey was in town, for purposes unknown,” Beach noted.

Two days later, on Nov. 6, 1991, Beach’s boss, White House counsel C. Boyden Gray, arranged an inter-agency strategy session and explained the need to contain the congressional investigation into the October Surprise case. The explicit goal was to ensure the scandal would not hurt President Bush’s reelection hopes in 1992.

In 2013, when I interviewed Hamilton about the Beach memo, he lamented that the Madrid information had not been shared with his investigation, saying “you have to rely on people” in authority to comply with information requests.

“We found no evidence to confirm Casey’s trip to Madrid,” Hamilton told me. “We couldn’t show that. The [George H.W. Bush] White House did not notify us that he did make the trip. Should they have passed that on to us? They should have because they knew we were interested in that.”

Asked if knowledge that Casey had traveled to Madrid might have changed the Task Force’s dismissive October Surprise conclusion, Hamilton said yes, because the question of the Madrid trip was key to the task force’s investigation.

Not Moving the Needle

However, the Madrid trip revelation and other post-investigation disclosures failed to move the needle on Official Washington’s disdain for the October Surprise story.

The later disclosures included a 1993 interview in Tel Aviv in which former Israeli Prime Minister Yitzhak Shamir said he had read the 1991 book, October Surprise, by Carter’s former National Security Council aide Gary Sick, which made the case for believing that the Republicans had intervened in the 1980 hostage negotiations to disrupt Carter’s reelection.

With the topic raised, one interviewer asked, “What do you think? Was there an October Surprise?”

“Of course, it was,” Shamir responded without hesitation. “It was.”

And, there were other corroborating statements as well. In 1996, for instance, while former President Carter was meeting with Palestine Liberation Organization leader Arafat in Gaza City, Arafat tried to confess his role in the Republican maneuvering to block Carter’s Iran-hostage negotiations.

“There is something I want to tell you,” Arafat said, addressing Carter in the presence of historian Douglas Brinkley. “You should know that in 1980 the Republicans approached me with an arms deal [for the PLO] if I could arrange to keep the hostages in Iran until after the [U.S. presidential] election,” Arafat said, according to Brinkley’s article in the fall 1996 issue of Diplomatic Quarterly.

In 2013, after the movie “Argo” appeared regarding an early facet of the Iran-hostage crisis, former Iranian President Bani-Sadr elaborated on his account of Republican overtures to Iran in 1980 and how that secret initiative prevented release of the hostages.

In a Christian Science Monitor commentary, Bani-Sadr wrote, “Ayatollah Khomeini and Ronald Reagan had organized a clandestine negotiation which prevented the attempts by myself and then-U.S. President Jimmy Carter to free the hostages before the 1980 U.S. presidential election took place. The fact that they were not released tipped the results of the election in favor of Reagan.”

Then, Bani-Sadr added a new detail, that “two of my advisors, Hussein Navab Safavi and Sadr-al-Hefazi, were executed by Khomeini’s regime because they had become aware of this secret relationship between Khomeini, his son Ahmad, … and the Reagan administration.” [For more details on the October Surprise case, see Robert Parry’s Trick or Treason and America’s Stolen Narrative.]

Compare and Contrast

So how do Watergate and Iran-Contra compare and contrast with Russia-gate? One key difference is that in Watergate in 1972-73 and Iran-Contra in 1985-86, you had clear-cut crimes (even if you don’t want to believe the two “prequels” from 1968 and 1980, respectively).

In Watergate, five burglars were caught inside the DNC offices on June 17, 1972, as they sought to plant more bugs on Democratic phones. (An earlier break-in in May had installed two bugs, but one didn’t work.) Nixon then proceeded to mount a cover-up of his 1972 campaign’s role in funding the break-in and other abuses of power.

In Iran-Contra, Reagan secretly authorized weapons sales to Iran, which was then designated a terrorist state, without informing Congress, a violation of the Arms Export Control Act. He also kept Congress in the dark about his belated signing of a related intelligence “finding.” And the creation of slush funds to finance the Nicaraguan Contras represented an evasion of the U.S. Constitution.

There was also the attendant Iran-Contra cover-up mounted both by the Reagan White House and later the George H.W. Bush White House, which culminated in Bush’s Christmas Eve 1992 pardons of six Iran-Contra defendants as special prosecutor Lawrence Walsh was zeroing in on possible indictment of Bush for withholding evidence.

By contrast, Russia-gate has been a “scandal” in search of a specific crime. President Barack Obama’s intelligence chieftains have alleged – without presenting any clear evidence – that the Russian government hacked into the emails of the Democratic National Committee and of Hillary Clinton’s campaign chairman John Podesta and released those emails via WikiLeaks and other Internet sites. (The Russians and WikiLeaks have both denied the accusations.)

The DNC emails revealed that senior Democrats did not maintain their required independence regarding the primaries by seeking to hurt Sen. Bernie Sanders and help Clinton. The Podesta emails pulled back the curtain on Clinton’s paid speeches to Wall Street banks and on pay-to-play features of the Clinton Foundation.

Hacking into personal computers is a crime, but the U.S. government has yet to bring any formal charges against specific individuals supposedly responsible for the hacking of the Democratic emails. There also has been no evidence that Donald Trump’s campaign colluded with Russians in the hacking.

Lacking any precise evidence of this cyber-crime or of a conspiracy between Russia and the Trump campaign, Obama’s Justice Department holdovers and now special prosecutor Robert Mueller have sought to build “process crimes,” around false statements to investigators and possible obstruction of justice.

Railroading Flynn

In the case of retired Lt. Gen. Michael Flynn, Trump’s first national security adviser, acting Attorney General Sally Yates used the archaic Logan Act of 1799 to create a predicate for the FBI to interrogate Flynn about a Dec. 29, 2016 conversation with Russian Ambassador Sergey Kislyak, i.e., after Trump’s election but before the Inauguration.

The Logan Act, which has never resulted in a prosecution in 218 years, was enacted during the period of the Alien and Sedition Acts to bar private citizens from negotiating on their own with foreign governments. It was never intended to apply to a national security adviser of an elected President, albeit before he was sworn in.

But it became the predicate for the FBI interrogation — and the FBI agents were armed with a transcript of the intercepted Kislyak-Flynn phone call so they could catch Flynn on any gaps in his recollection, which might have been made even hazier because he was on vacation in the Dominican Republic when Kislyak called.

Yates also concocted a bizarre argument that the discrepancies between Flynn’s account of the call and the transcript left him open to Russian blackmail although how that would work – since the Russians surely assumed that Kislyak’s calls would be monitored by U.S. intelligence and thus offered them no leverage with Flynn – was never explained.

Still, Flynn’s failure to recount the phone call precisely and the controversy stirred up around it became the basis for an obstruction of justice investigation of Flynn and led to President Trump’s firing Flynn on Feb. 13.

Trump may have thought that tossing Flynn overboard to the circling sharks would calm down the sharks but the blood in the water only excited them more. According to then-FBI Director James Comey, Trump talked to him one-on-one the next day, Feb. 14, and said, “‘I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go.”

Trump’s “hope” and the fact that he later fired Comey have reportedly led special prosecutor Mueller to look at a possible obstruction of justice case against Trump. In other words, Trump could be accused of obstructing what appears to have been a trumped-up case against Flynn.

Of course, there remains the possibility that evidence might surface of Trump or his campaign colluding with the Russians, but such evidence has so far not been presented. Or Mueller’s investigation might turn over some rock and reveal some unrelated crime, possibly financial wrongdoing by Trump or an associate.

(Something similar happened in the Republican investigation of the Sept. 11, 2012 Benghazi attack, a largely fruitless inquiry except that it revealed that Secretary of State Hillary Clinton sent and received official emails over a private server, which Comey decried during last year’s campaign as “extremely careless” but not criminal.)

Curb the Enthusiasm

Another contrast between the earlier scandals (Watergate and Iran-Contra) and Russia-gate is the degree of enthusiasm and excitement that the U.S. mainstream media and congressional Democrats have shown today as opposed to 1972 and 1986.

Though The Washington Post’s Bob Woodward and Carl Bernstein aggressively pursued the Watergate scandal, there was much less interest elsewhere in major news outlets until Nixon’s criminality became obvious in 1973. Many national Democrats, including DNC Chairman Bob Strauss, were extremely hesitant to pursue the scandal if not outright against it.

Similarly, although Brian Barger and I at The Associated Press were pursuing aspects of Iran-Contra since early 1985, the big newspapers and networks consistently gave the Reagan administration the benefit of the doubt – at least before the scandal finally burst into view in fall 1986 (when a Contra-supply plane crashed inside Nicaragua and a Lebanese newspaper revealed U.S. arms shipments to Iran).

For several months, there was a flurry of attention to the complex Iran-Contra scandal, but the big media still ignored evidence of a White House cover-up and soon lost interest in the difficult work of unraveling the convoluted networks for arms smuggling, money laundering and cocaine trafficking.

Congressional Democrats also shied away from a constitutional confrontation with the popular Reagan and his well-connected Vice President George H.W. Bush.

After moving from AP to Newsweek in early 1987, I learned that the senior executives at Newsweek, then part of The Washington Post Company, didn’t want “another Watergate”; they felt another such scandal was not “good for the country” and wanted Iran-Contra to go away as soon as possible. I was even told not to read the congressional Iran-Contra report when it was published in October 1987 (although I ignored that order and kept trying to keep my own investigation going in defiance of the wishes of the Newsweek brass until those repeated clashes led to my departure in June 1990).

So, perhaps the biggest similarity between Russia-gate and Watergate is that Richard Nixon and Donald Trump were both highly unpopular with the Washington establishment and thus had few influential defenders, while an important contrast with Iran-Contra was that Reagan and Bush were very well liked, especially among news executives such as Washington Post publisher Katharine Graham who, by all accounts, did not care for the uncouth Nixon. Today, the senior executives of The New York Times, The Washington Post and other major news outlets have made no secret of their disdain for the buffoonish Trump and their hostility toward Russian President Vladimir Putin.

In other words, what is driving Russia-gate – for both the mainstream news media and the Democrats – appears to be a political agenda, i.e., the desire to remove Trump from office while also ratcheting up a New Cold War with Russia, a priority for Washington’s neoconservatives and their liberal-interventionist sidekicks.

If this political drama were playing out in some other country, we would be talking about a “soft coup” in which the “oligarchy” or some other “deep state” force was using semi-constitutional means to engineer a disfavored leader’s removal.

Of course, since the ongoing campaign to remove Trump is happening in the United States, it must be presented as a principled pursuit of truth and a righteous application of the rule of law. But the comparisons to Watergate and Iran-Contra are a stretch.

The late investigative reporter Robert Parry, the founder of Consortium News, broke many of the Iran-Contra stories for The Associated Press and Newsweek in the 1980s. 




New CN Series: The Revelations of WikiLeaks: No. 1—The Video that Put Assange in US Crosshairs

Collateral Murder” created a media sensation in 2010 and led to Chelsea Manning’s imprisonment and to a DOJ investigation of Julian Assange, reports Elizabeth Vos. But the war crimes the video exposed got no one else in trouble.

Consortium News today begins a series of articles, “The Revelations of WikiLeaks,” that will look back on the major works of the publication that have altered the world since its founding in 2006. This series is an effort to counter mainstream media coverage, which is ignoring WikiLeaks’ work, and instead is focusing on Julian Assange’s personality. It is the uncovering by WikiLeaks of governments’ crimes and corruption that set the U.S. after Assange and which ultimately led to his arrest on April 11. The “Collateral Murder” video was just the first of many major WikiLeaks revelations that made the journalist one of the world’s most wanted men, simply for the act of publishing.  

The Video that Put Julian Assange
in the Crosshairs of the United States

By Elizabeth Vos
Special to Consortium News

WikiLeaks was founded in 2006, but it was the April 5, 2010, publication of Collateral Murder that made the whistleblower-publisher a world-wide phenomenon, attracting admirers and enemies.

WikiLeaks wrote of the film: “The video, shot from an Apache helicopter gun-sight, clearly shows the unprovoked slaying of a wounded Reuters employee and his rescuers. Two young children involved in the rescue were also seriously wounded.”

WikiLeaks noted that Reuters had unsuccessfully attempted to gain access to the video through the Freedom of Information Act in the years after the strike.

The day after the release of the footage, The New York Times described WikiLeaks as a once-fringe website that had moved into the big time. “The site has become a thorn in the side of authorities in the United States and abroad,” it said. “With the Iraq attack video, the clearinghouse for sensitive documents is edging closer toward a form of investigative journalism and to advocacy.”

Before 2010 WikiLeaks received a few high-profile journalism awards. But in the years since the publication of the video, it has received a slew of honors, including The Sam Adams Award for Integrity.

On April 16, WikiLeaks announced a fresh award for its founder, Julian Assange, even as he remains isolated in a London prison.

Chelsea Manning

“Collateral Murder” was one of the most prominent releases sourced from then-Army intelligence analyst Chelsea Manning, who served seven years in a military prison as a result.

Manning, who had access to the video, having a Top Secret clearance, first offered the video to The New York Times and The Washington Post, which both turned her down. Manning then turned to WikiLeaks.

Please Make a Donation to Our
Spring Fundraising Drive Today!

Manning described the events that led up to her decision to submit the footage to the press in leaked audio of her testimony during her 2013 court-martial.

She said Reuters’ inability to get the footage via a freedom-of-information request contributed to her decision to leak it. “The most alarming aspect of the video for me, was the seemingly delight of bloodlust they [the pilots] appeared to have. They dehumanized the individuals they were engaging with, and seemed to not value human life in referring to them as ‘dead bastards,’ and congratulating each other on the ability to kill in large numbers.”

Marjorie Cohn, a legal analyst, is one of those who has described the contents of the footage as evidence of U.S. war crimes. As such she argues that Manning was legally obligated to expose such information. In a 2013 column for Truthout, she cites the Geneva Conventions, the Army Field Manual and the Uniform Code of Military Justice as all setting forth the duty of a service member to disobey unlawful orders.

None of the pilots, military officials nor policy-makers have ever been charged or otherwise held responsible for the events shown in the video.

U.S. Army 2007 Apache Helicopter Attack

The film depicts the July 12, 2007, shooting of over a dozen Iraqis by U.S. Army Apache helicopters armed with 30mm cannons in the Al-Amin al-Thaniyah neighborhood of New Baghdad, a district of Iraq’s capital city. The dead included Reuters’ photographer Namir Noor-Eldeen and his assistant, Saeed Chmagh. WikiLeaks has said as many as 25 people were killed as a result of the incident.

 

After the initial attack, the helicopters fired on and killed people who stopped to try to rescue the wounded. A U.S. tank reportedly drove over a body, cutting it in half. Assange identified the individual run over by the tank as Namir Noor-Eldeen in an interview with Al Jazeera days after the publication of “Collateral Murder.” 

After receiving the encrypted footage, Assange and his associates spent a week working non-stop in Reykjavik, Iceland, to break the U.S. military’s encryption of the video.

Kristinn Hrafnsson, who now serves as editor-in-chief of WikiLeaks, went to Iraq as an investigative journalist to locate victims’ families and confirm details of the event prior to the film’s publication. The New Yorker reported: 

“He [Hrafnsson] claims to have found the owner of the building, an old man named Jabbar Abid Rady, born in 1941, a retired English teacher. Abid Rady told Hrafnsson that his wife and daughter had died in the attack. He said that five other people who had been living in the building died, too. Buildings under construction often serve as housing in war-ravaged places; people live in the lower floors, which are often built first and are inhabitable before construction ends. Abid Rady told Hrafnsson that three families had been living in this particular structure.”

Assange noted how the moving images had stirred public attention far more than any printed matter. “It’s very easy for people to see what’s going on,” he is quoted as saying in the April 2010 video interview with Al Jazeera. “It’s not too complex, there’s no language barriers with visual material. We released the policies behind this material as far back as 2007, classified US military policies.”

At one point in the video, American personnel can be heard laughing, saying: “The tank just drove over a body.” Assange commented on that, saying, “That was Namir’s body.”

Military’s Response

Shortly after the 2007 killings — and three years before the video was released — the U.S. military was quoted as underreporting the death toll and context of the incident.

Assange argued that the military’s reports of a “firefight” preceding the events shown on tape had been misrepresented in order to justify the killings.

After WikiLeaks’ release of “Collateral Murder,” the Pentagon acknowledged the authenticity of the video but said it did not contradict the official finding that the helicopters’ crew acted within the rules of engagement,” The Daily Telegraph reported.

The U.S. military rejected calls to discipline the crew for the deaths of the Reuters journalists because it said the men could not be distinguished from suspected insurgents. “The RPG in the video is real,” The Telegraph quoted a Pentagon spokesman as saying. “We had insurgents and reporters in an area where U.S. forces were about to be ambushed. At the time we weren’t able to discern whether (Reuters employees) were carrying cameras or weapons.”

Retired Lieutenant Colonel Chris Walach, commander of the Apache helicopter pilots, in 2013, spoke with Democracy Now about the footage. “In Iraq, you can’t put pink gloves on Apache helicopter pilots and send them into the Ultimate Fighting ring and ask them to take a knee,” he said. “These are attack pilots wearing gloves of steel, and they go into the ring throwing powerful punches of explosive steel. They are there to win, and they will win.”

Shortly after “Collateral Murder’s” publication, Assange appeared on the “Colbert Report.” At one point, host Stephen Colbert joked that Assange is “a dead man.” Colbert asked Assange about allegations of a firefight preceding the events shown on the tape. “That’s a lie,” Assange responded. [05.20/11:39] He said that 28 minutes earlier there had been a report of small arms fire and that the Apache helicopters circling New Baghdad “came across these men and killed them.”

The Politicians React

On April 11, 2019, the day Assange was arrested, Reuters’ reporter Alistair Smout wrote in hindsight: “WikiLeaks incensed Washington by publishing hundreds of thousands of secret U.S. diplomatic cables, and in 2010 a classified U.S. military video showing a helicopter attack in Baghdad in 2007 that killed a dozen people, including two Reuters news staff.”

Within days of the publication of “Collateral Murder,” Obama Whitehouse Press Secretary Robert Gibbs answered questions from reporters on the contents of the video. When asked whether the actions of the U.S. personnel were “appropriate,” Gibbs said that he was not sure whether then-President Barack Obama had seen the video, adding:

“Many of you all have traveled with the President – this President or other Presidents in war zones. Many of you know colleagues that have reported from exceedingly dangerous places in the world. Our military will take every precaution necessary to ensure the safety and security of civilians, and particularly those that report in those dangerous places on behalf of news organizations. I honestly do not know enough about what was done previous, which is why I’d point you to the Department of Defense.”

Then U.S. Defense Secretary Robert Gates blasted WikiLeaks for not providing context for the video. “These people can put out anything they want, and they’re never held accountable for it. There’s no before and there’s no after,” Gates said, likening the video as seeing warfare “through a soda straw.”

Gates said: “They’re in a combat situation. The video doesn’t show the broader picture of the firing that was going on at American troops. It’s obviously a hard thing to see. It’s painful to see, especially when you learn after the fact what was going on. But you—you talked about the fog of war. These people were operating in split second situations.”  

The strongest response to the video came in the form of a U.S. Department of Justice investigation of Assange, by at most six months after “Collateral Murder,” and subsequent releases of the Afghan and Iraq War Logs, the next subject of CN’s series, that ultimately culminated in his arrest on April 11, 2019.

The investigation has been quietly gathering material since at least October 2010, six months after the arrest of Pfc. Bradley Manning, the army enlistee who is accused of providing the bulk of the leaks,” The New York Times reported in June 2013.

The FBI had begun investigating Assange and WikiLeaks as early as 2009, according to an affidavit given by Assange in September 2013.

While the Obama DOJ stopped short of crossing a red line to criminalize journalism, the Trump DOJ has stomped over it using the same evidence abandoned by the previous administration.

Media Response

“Collateral Murder” was unveiled at a press conference at the National Press Club in Washington on April 5, 2010. The New York Times reported:

“’There is no question that coalition forces were clearly engaged in combat operations against a hostile force,” Lt. Col. Scott Bleichwehl, a spokesman for the multinational forces in Baghdad, said then.

But the video does not show hostile action. Instead, it begins with a group of people milling around on a street, among them, according to WikiLeaks, Mr. Noor-Eldeen and Mr. Chmagh. The pilots believe them to be insurgents, and mistake Mr. Noor-Eldeen’s camera for a weapon. They aim and fire at the group, then revel in their kills.”

The media’s reaction to the video’s release was mixed. The day after it was published, the Times ran a report, titled: “Iraq Video Brings Notice to a Web Site.”  It described criticism WikiLeaks received for publishing an edited version of the footage:

“Critics contend that the shorter video was misleading because it did not make clear that the attacks took place amid clashes in the neighborhood and that one of the men was carrying a rocket-propelled grenade.”

Within months of the video’s release, the Australian Broadcasting Corporation  noted the sentiments of journalist David Finkel of The Washington Post: “They [WikiLeaks] provided artificial agenda driven context. There was an operation underway in reaction to an ongoing war. Not that apache helicopters were circling looking for a bunch of guys to just shoot up and kill.”  Finkel was stationed in Iraq in 2007 when the incident occured and included the event in his book, “The Good Soldiers.

In response to such criticism, Assange told Al Jazeera that the decision to give the film its title hinged on the moment where the Apache helicopter pilots shot at the van and individuals who had stopped to aid the wounded. He said:

“This is why we called it ‘Collateral Murder.’ In the first example, maybe it’s a collateral exaggeration or incompetence, when they strafe this initial gathering. This was recklessness bordering on murder, but we couldn’t say for sure that was murder. But this particular event, this is clearly murder.”

Media that have since turned on Assange, at the time praised him and WikiLeaks.

On the day the video was released, The Guardian, which has lately been on an anti-Assange campaign, was quick to write an article that referred to the problems the video posed for military authorities: The release of the video from Baghdad also comes shortly after the US military admitted that its special forces attempted to cover up the killings of three Afghan women in a raid in February by digging the bullets out of their bodies.”

Two days after “Collateral Murder’s” publication, The Guardian, then under editor Alan Rusbridger, published an opinion piece saying the footage was “heralded by some as the most important revelation since Abu Ghraib, and challenges not only the effectiveness of the US military’s rules of engagement policy, but also the integrity of the mainstream media’s coverage of similar incidents.”

James Fallows of The Atlantic  called “Collateral Murder” the “most damaging documentation of abuse since the Abu Ghraib prison-torture photos” 12 hours after the video’s release.

“The Collateral Murder video is one of the best known and most widely recognized results of the ongoing WikiLeaks project,” Christian Christensen, a University of Stockholm journalism professor wrote in 2014. “These particular images were, in many ways, the crystallization of the horrors of war.”

Within days of the video’s publication, Haifa Zangana, a novelist and former prisoner of Saddam Hussein’s regime, wrote an op-ed for The Guardian, saying her family lived in the area where the events took place, which she described as having previously been “safe for children to play outdoors.”

Zangana continued:

“Witnesses to the slaughter reported the harrowing details in 2007, but they had to wait for a western whistleblower to hand over a video before anyone listened. Watching the video, my first impression was, I have no impression. But the total numbness gradually grows into a now familiar anger. I listen to the excited voices of death coming from the sky, enjoying the chase and killing. I whisper: do they think they are God?”

Elizabeth Vos is a freelance reporter and regular contributor to Consortium News. She co-hosts the #Unity4J online vigil.

If you value this original article, please consider making a donation to Consortium News so we can bring you more stories like this one.




The Buried Maidan Massacre and Its Misrepresentation by the West

The new Ukrainian government is faced with reopening an inquiry into evidence of an organized mass killing in Kiev that Poroshenko stonewalled. Ivan Katchanovski investigates.

By Ivan Katchanovski
Special to Consortium News

Five years ago, the Maidan massacre in Kiev, Ukraine, of Feb. 18-20, 2014, was a watershed event, not only for the politics and history of Ukraine but also for world politics generally. This mass killing in downtown Kyiv set the stage for the violent overthrow of the pro-Russian government in Ukraine and a new Cold War between Washington and Moscow.

Therefore, it is remarkable that five years after this massacre shook the world, no one has been sentenced for any of the Maidan killings. This was the best documented case of mass killing in history, broadcast live on TV and the internet, in presence of thousands of eyewitnesses. It was filmed by hundreds of journalists from major media in the West, Ukraine, Russia, and many other countries as well as by numerous social media users.  Yet, to this day, no one has been brought to justice for this major and consequential crime.

From the start, the dominant narrative promoted by the Ukrainian and Western governments and mainstream media has placed the blame for this tragedy firmly on the Yanukovych government. It contends that forces loyal to former President Victor Yanukovych— either snipers and/or the Berkut, a special anti-riot police— massacred peaceful Maidan protesters on the direct orders of Yanukovych himself. Such charges against Yanukovych, his ministers and commanders and a special Berkut unit—whose five ex-members were tried for the murder of 48 Maidan protesters on Feb. 20, 2014 — are generally taken at face value. With some limited exceptions, challenges to this narrative are treated dismissively.

For the most part, mainstream news media in the U.S. and other Western countries ignored trial evidence, public statements by officials and politicians and scholarly studies that put the standard narrative under question. This includes non-reporting about my own academic studies of the Maidan massacre.

Killing Protesters and Police

My work found that this was an organized mass killing of both protesters and the police, with the goal of delegitimizing the Yanukovych government and its forces and seizing power in Ukraine. Oligarchic and far right elements of the Maidan movement were involved in this massacre. For this reason, the official investigation was fabricated and stonewalled. I presented studies to support this as well as several online video appendixes with various evidence at the annual meetings of the American Political Science Association in San Francisco in 2015 and Boston in 2018, the 2017 World Convention of the Association for the Study of Nationalities in New York in 2017, and a joint conference by the Institute for Russian and Eurasian Studies at Uppsala University and the British Association for Slavonic and East European Studies in 2018, and published their summary in an academic press volume.

The prosecutor general of Ukraine recently announced that the investigation of the Maidan massacre is complete. He cited reconstructions of the Maidan massacre by a New York architecture company, working with a team of Ukrainian “volunteers” to provide a 3D model, as definite evidence that the Maidan protesters were massacred by the Berkut police and that snipers did not massacre the protesters. 

This model was featured by The New York Times, in its May 30, 2018,  report Who Killed the Kiev Protesters? as a proof that the Berkut police massacred Maidan protesters.

However, no expert knowledge or familiarity with the Maidan massacre or Ukraine is needed to see blatant misrepresentation of elementary data in that 3D model.

The wound locations of the killed Maidan protesters in the 3D model do not match the wound locations in the forensic medical examinations of the bodies. The reports of those examinations were used in this simulation to determine the locations of the shooters. They are published in Ukrainian and English on the linked website. According to one such report, Ihor Dmytriv was shot in the “right side surface” and the “left side surface” of the torso “from the right to the left, from the top to the bottom, and a little from the front to the back” with the entry wound 20.5cm (8 inches) higher than the exit wound. However, in the simulation, his wounds have been moved to the front and the back and made nearly horizontal.

A Maidan lawyer visually confirmed at the Maidan massacre trial that these wounds locations of were in the right and left sides. In the video of their examination of Dmytriv right after his shooting, Maidan medics also indicate such locations of his wounds with no wounds visible in the front area, contrary to the 3D model. The forensic medical reports also state that Dmytriv was wounded in his right shoulder from bottom to top direction, with this entry wound 5 cm lower, but the 3D animation also misrepresents this direction.

The wound locations of the other two victims have been similarly altered. The 3D model moved the exit wound location from around the middle line of the back of Andriy Dyhdalovych’s body in forensic medical and clothing examinations significantly to the right. It also changed a similar large vertical angle from a top and bottom direction and 17 cm difference in height of entry and exit wounds to nearly horizontal level.

In the case of Yuriy Parashchuk, forensic medical examinations found that his entry and exit wounds were in the back of his head on the left side. But the 3D analysis moved the entry wound location to the front area and changed its somewhat top-to-bottom direction to nearly horizontal. Frames from a video by a French photographer shows a large bullet hole in the back of Parashchuk’s red helmet. How can he be shot in the back of his head by the Berkut police on a nearly similar horizontal level?

Changing the wound locations invalidates the entire reconstruction and, therefore, the conclusions of the SITU analysis and The New York Times article, that these and other Maidan protesters were shot from the Berkut positions.

One does not need to be a ballistic expert to see that locations of wounds in the back and on the sides and top-to-bottom directions of wounds specified in forensic medical reports and positions of these three killed protesters facing the Berkut in the videos cannot physically match with Berkut police positions located on a similar horizontal level on the ground in front of them. The forensic medical examinations conducted for the government investigation and made public at the Maidan massacre trial revealed that the absolute majority of the protesters were shot not in front and not from horizontal or near horizontal directions that are consistent with police positions. Rather, they were shot from a top-to-bottom direction and in sides or the back that are consistent with shooting from the Maidan-controlled buildings.

Government Investigation

The government investigation, conducted after the Maidan government came to power after this massacre, and which charged the Berkut police behind the barricades with killing these three protesters, raises the same concerns.

The complex medical examinations, which were published on the SITU website and which are presented by the government investigation in Ukraine as a key evidence that the Berkut police massacred the protesters, showed the same bullet trajectories as the 3D model. The text of these examinations, which are available in Ukrainian and in English translations, shows that these bullet trajectories were determined not by ballistic experts butby medical experts without any calculations or explanations.

Synchronized videos, which were used by the SITU to determine that the Berkut police behind a truck barricade killed Parashchuk, actually show that he and other protesters were in a blind spot below the line of police fire from behind a truck. It was physically impossible for the police behind the wide and tall truck to shoot at him below over the top of this truck. Dozens of other Maidan protesters who were killed and wounded around the same spot were in the same situation.

The locations of the forces of the Yanukovych government during the massacre are well known, and they are identified in my studies, the government investigation charges, numerous videos, and in the SITU 3D model.

At the time of the killings of these three protesters, Berkut policemen were behind the barricades on Instytutska Street on the government side, while the protesters who were killed were in between Berkut and the Hotel Ukraina.

Forensic examinations of bullet holes by government experts described numerous bullet holes on the second, third, and higher floors and the roof of the Hotel Ukraina on the side that faced the government forces. But they did not identify a single bullet hole on the first floor on the Berkut facing side of the hotel behind these protesters. Simple positioning of the bullet hole locations described in these forensic reports clearly shows that almost all bullets from the Berkut and other positions flew above the heads of the protesters there or targeted poles, trees, and a flower box. This is also shown in vide and photos — including some I took there after the massacre — and in videos and reports of shooting at journalists in the hotel with a Google Street View image from the first Berkut barricade.

This confirms my study findings that the special Berkut police unit and the Omega unit of snipers of Internal Troops were shooting at snipers in the Hotel Ukraina.

After five long years, the failure by the Poroshenko government’s investigation to determine bullet trajectories by ballistic experts or conduct on-site investigative experiments for the same purpose — even after the Maidan massacre trial judges ordered them two years ago to do so — is therefore hardly surprising. It is impossible to bend physical reality. In a literal cover-up, large fences were recently erected on the crime scene for the construction of the Maidan massacre memorial, which would completely alter the landscape. The fences and the memorial would make it impossible to determine bullet trajectories on-site, which still has not been done by the investigation for five years after this mass killing.

The SITU reconstruction also missed bullet holes that appeared in Dmytriv’s shield and in a shield of another protester in front of Dyhdalovych in videos of their shooting that were used in the reconstruction. The locations of these bullet holes are inconsistent with shooting from the Berkut barricades.

But these shields with clear locations of the bullet holes, like the helmet of Parashchuk and almost all the shields and helmets of protesters who were killed or wounded, mysteriously disappeared after the massacre, along with a lot of other crucial evidence, such as bullets and security-camera footage.

Similarly, crucial testimonies of Maidan protesters, who witnessed the killings of Dyhdalovych and Dmytriv, are ignored by the Times’ report, SITU and the official Ukrainian investigation. Dyhdalovych’s wife stated in her Ukrainian media interview that another protester told her that he saw that Dyhdalovych was killed by a sniper on the roof of the Bank Arkada. This protester was filmed following Dyhdalovych when they both went to evacuate Dmytriv after he was shot. The Bank Arkada is a tall green building in the front and to the right of both Dyhdalovych and Dmytriv, and it appears to match the apparent directions of their wounds. My Maidan massacre studies video appendices showed that it was in the Maidan-controlled area and that snipers on its roof during the massacre were reported by both numerous Maidan protesters, including many wounded who spoke at the Maidan massacre trial and investigation, and by Security Service of Ukraine commanders and snipers.

A female Maidan medic during the massacre was pointing to the top of this green building and shouting about snipers. But her words were translated in a BBC report as referring to six protesters killed by the snipers in that area. A Maidan protester and another Maidan medic, who were wounded near the same spot where these two protesters were killed, both testified at the Maidan massacre trial that they were shot from this building. Government ballistic experts confirmed this during on-site investigative experiments.

Western Press Silence

These revelations were not reported by any Western media. This includes The New York Times, which on April 5, 2014, profiled this wounded protester against the backdrop of an unquestioned report by the acting government in Kiev that blaming “former President Viktor F. Yanukovych, his riot police and their suspected Russian assistants for the violence that killed more than 100 people in Kiev in February.”

It also includes CNN, which filmed the shooting of this medic and attributed it to the government forces.

The government investigation simply denies that there were any snipers there and in other Maidan-controlled buildings, and refuses to investigate them. This is done despite videos of such snipers and testimonies of the absolute majority of wounded protesters at the trial and investigation and more than 150 other witnesses about snipers in these locations.

The assumption in the 3D model that Dmytriv was shot by the single bullet is also contradicted by testimony of another protester who saw that Dmytriv was shot by “a sniper” from the Hotel Ukraina. My Maidan massacre studies and their video appendices showed that this hotel was then controlled by the Maidan forces.   

The New York Times article described collaboration of the New York architecture firm with a Ukrainian “volunteer” in creating the 3D model. It did not report 2017 admissions by the prosecutor general of Ukraine on Facebook that his government agency funded the work of  a group of anonymous “volunteers,” including this Ukrainian graduate student, in compiling and synchronizing various videos of the Maidan massacre in collaboration with a People’s Front party outlet.

Some of the People’s Front party leaders were accused by various Ukrainian politicians and Maidan activists, such as Nadia Savchenko, and by five ex-Georgian ex-military members in Italian and Israeli TV documentaries, of direct involvement in this massacre. Meanwhile, the Times lauds the Ukrainian government’s investigation and Maidan lawyers for drawing on such analyses by these “citizen investigators” and treats a New York architect firm as providing key evidence in the Maidan massacre trial.

Brad Samuels is a founding partner of Situ Research, the New York architecture company that produced the 3D model of the killing of three protesters, which was presented by the Times as  proof that such snipers did not exist and that 49 protesters were massacred by the Berkut police.

Samuels said in a video [start at 55:16] that “…eventually, there is a consensus that there was a third party acting. It is clear from forensic evidence that people were shot in the back. Somebody was shooting from rooftops.” His striking observation was not included anywhere in the SITU 3D model report that he produced. Nor was it reported by the Times.

Cases of protesters, who were shot in the back, were omitted from the SITU model. But even in the deliberately selected cases of the three protesters, who were presented by this simulation as shot in front, their actual wound locations suggest that they were also shot from a Maidan-controlled building, which was located in front and to the right of them.

There was not a single report in English-language media concerning testimonies at the Maidan massacre trial where 25 wounded Maidan protesters, with whose shootings Berkut policemen are charged, who stated that they were shot from Maidan-controlled buildings or areas.

Major outlets likewise neglected to cover the testimonies by 30 wounded protesters who said they witnessed snipers in those locations or were told about them by other protesters. This is stunning since these testimonies are publicly available in live online recordings of the Maidan massacre trial and they are complied with English-language subtitles into an online video appendix to my study. These testimonies represent the majority of wounded protesters with whose shooting Berkut was charged. They are consistent with video testimonies by about 100 witnesses in the media and social media and at the trial and the investigation. But the official investigation in Ukraine simply denies that there were any such snipers in Maidan-controlled buildings, even though the Prosecutor General Office of Ukraine previously stated that snipers massacred many protesters from the Hotel Ukraina and other buildings. 

Similarly, not a single media outlet reported segments of the Belgian VRT News video that showed Maidan protesters shouting during the massacre that they saw snipers in the Maidan-controlled Hotel Ukraina shooting Maidan protesters, pointing towards them, and asking them not to shoot. These segments were only shown to a small number of people at the Maidan massacre trial and are included in my online video appendix on YouTube. Other segments from this same video, however,were broadcast to some several hundred million viewers by major television networks in the U.S., U.K., Canada, Germany, France, Poland, Italy, and Ukraine, and many other countries as evidence that the government forces massacred the Maidan protesters.

With the notable exception of an Associated Press story quoting the charismatic politician Nadia Savchenko, news agencies have ignored the public remarks of several Maidan politicians and activists who said that they witnessed the involvement of specific top Maidan leaders in the massacre.

Testimonies by five Georgian ex-military members in Italian, Israeli, Macedonian and Russian media and their published depositions to Berkut lawyers for the Maidan massacre trial have also been ignored. They stated that their groups received weapons, payments, and orders to massacre both police and protesters from specific Maidan and Georgian politicians.

They also said that they received instructions from a far-right linked ex-U.S. Army sniper and then saw Georgian, Baltic States, and Right Sector-linked snipers shooting from specific Maidan-controlled buildings.

Western media silence also greeted a recent statement by Anatolii Hrytsenko, one of the top Ukrainian presidential candidates, who was also a Maidan politician and minister of defense, that the investigation of the massacre has been stonewalled because of the involvement of someone from the current leadership of Ukraine in this mass killing.

In contrast, there were no such testimonies admitting involvement in the massacre or knowledge of such involvement by the Berkut policemen, ex-police and security services commanders; nor by ex-Yanukovych government officials. No specific evidence of orders by then-president Yanukovych or his ministers and commanders to massacre unarmed protesters has been revealed by the trials, investigations or news reporting. Nonetheless, the Western mainstream media report existence of such orders as a matter of a fact.

Not a single major Western media reported that a forensic ballistic examination, conducted by government institute experts on the prosecution request with use of an automatic computer-based IBIS-TAIS system, determined that bullets extracted from killed protesters did not match a police database of bullet samples from Kalashnikov assault rifles of members of the entire Kyiv Berkut regiment. The latter included the special Berkut company charged with the massacre of the protesters. The same concerns the forensic examination findings that many protesters were killed with hunting bullets and pellets.  

There are no Western media reports, at least in English, concerning the investigation by the Prosecutor General Office of Ukraine. This investigation determined, based on protester’s  testimonies and investigative experiments, that almost half of the protesters (77 out of 157) were wounded on Feb. 20 from other sectors than the Berkut police and that no one was charged with their shooting.

A female Maidan medic, whose wounding on the Maidan was highly publicized by Western and Ukrainian media and politicians and attributed to government snipers, is one of them. Since the official investigation determined that government snipers did not massacre the Maidan protesters, with a single implausible exception announced recently, this implies that these protesters were wounded from the Maidan-controlled buildings and areas.

There was Western media silence, including from the BBC, about revelations by the Prosecutor General Office that one of the leaders of far right party Svoboda, who was also a member of the Ukrainian parliament at the time of the massacre, occupied a Hotel Ukraina room from which a sniper in Maidan-style green helmet was filmed by the BBC shooting in the direction of the Maidan protesters and the BBC’s own journalists.

Similarly, there are no mainstream media reports of the visual examinations of bullet holes and their impact points by the government investigators that determined that one German ARD television room at the Hotel Ukraina was shot  from the direction of the Main Post Office, which was at the time the headquarters of the Right Sector.  The latter far-right group included radical nationalist and neo-Nazi organizations and football ultras. This bullet just narrowly missed a German ARD TV female producer. The government investigators also determined that another ARD room in the same hotel was shot at from the Music Conservatory building, which was then the headquarters of the Right-Sector-linked special armed Maidan Self-Defense company.

Likewise, nothing was reported about a forensic ballistic examination made public at the trial that revealed that an ABC News producer was shot in his Hotel Ukraina room by a Winchester caliber hunting soft-point bullet that did not match a caliber of Berkut Kalashnikovs.

Misrepresentation of the Maidan massacre and its investigation by Western media and governments is puzzling.

American independence leader John Adams once defended the British soldiers charged with the Boston massacre in 1770. He regarded this defense as important for the rule of law to prevail over politics. He famously stated at the Boston massacre trial that “facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” He not only won this politically charged case of a crucial massacre in U.S. politics and history but became U.S. president afterwards. The question is why this dictum is not heeded almost 250 years later in the case of the Maidan massacre in Ukraine.

Ivan Katchanovski teaches at the School of Political Studies and the Department of Communication at the University of Ottawa. He held research and teaching positions at Harvard University, the State University of New York at Potsdam, the University of Toronto, and the Kluge Center at the Library of Congress. He received Ph.D. from the Schar School of Policy and Government at George Mason University. He is the author of “Cleft Countries: Regional Political Divisions and Cultures in Post-Soviet Ukraine and Moldova.”