“This is slavery, not to speak one's thought.” ― Euripides, The Phoenician Women
Tuesday, December 21, 2010
Sunday, December 19, 2010
The King's Speech: G'day Bertie!
The theatre showing The King's Speech was packed for the 3:00 Saturday matinee in Bethesda, MD yesterday. Sold out. The crowd resembled the one at the Bob Dylan concert I attended a month ago. The film starred the Masterpiece Theatre stock company: Colin Firth, Geoffrey Rush, Michael Gambon, Derek Jacobi, and Helena Bonham-Carter. The plot was a cross between The Queen, My Fair Lady, and Young Victoria. I had been told to see the film for the first time in an email from my UCLA Film/TV film structure professor, Dr. Howard Suber. Then, I read the rave reviews in the local press here in DC. So, it was a "must-see."
My verdict. It's OK. Not a great story, not a great script, nice production values, good acting--in sum: thoroughly enjoyable Anglophile porn. Now that Masterpiece Theatre has become hit-or-miss, and the rest of the movie industry makes super-big-screen video games, this is the best we can hope for. Solid Christmas entertainment, with emotional uplift, and ex-colonial solidarity.
Rupert Murdoch must have enjoyed watching this picture, since the moral seems to be that a despised Aussie speech therapist played by Geoffrey Rush saved the British throne from Hitler...
My verdict. It's OK. Not a great story, not a great script, nice production values, good acting--in sum: thoroughly enjoyable Anglophile porn. Now that Masterpiece Theatre has become hit-or-miss, and the rest of the movie industry makes super-big-screen video games, this is the best we can hope for. Solid Christmas entertainment, with emotional uplift, and ex-colonial solidarity.
Rupert Murdoch must have enjoyed watching this picture, since the moral seems to be that a despised Aussie speech therapist played by Geoffrey Rush saved the British throne from Hitler...
Friday, December 17, 2010
WSJ: America's Economy, Dickens Would Love It...
Today's Op-Ed by Alan Blinder hits the mark, IMHO:
So here we are today, with a large structural deficit slated to increase further. Until the recent agreement on $858 billion of new tax cuts, the whiff of fiscal responsibility was in the air. The Bowles-Simpson deficit- reduction proposal garnered the most attention. It asked Americans to eat a lot of spinach, which was probably inevitable. But a number of critics have pointed out that the plan as a whole looks a bit regressive. Since so much of the deficit (though not all of it) stems from the Reagan and Bush tax cuts, does that strike you as fair?
Well, fairness is in the eye of the beholder. But here's a stunning coincidence. The entire Bowles-Simpson plan would reduce federal borrowing by $3.9 trillion over 10 years, including interest savings. That's a lot of money. In fact, it's almost enough to cover the cost of extending all the Bush tax cuts for 10 years.
So here's a choice: We can achieve nearly $4 trillion in budgetary savings by accepting everything on the Bowles-Simpson list—spinach, broccoli and all. Or we can get a bit more than $4 trillion simply by letting all the Bush tax cuts expire in 2012. Of course, ending those tax cuts would mean returning to the tax rates of the Clinton years—when, as I'm sure you recall, high tax rates killed incentives and left our economy dead in the water.
Pick your poison. And, by the way, Merry Christmas.
Oooops...CIA Pakistan Station Chief Held Business, Not Diplomatic, Visa
As a result, according to this story in the Guardian (UK), he fled the country after a lawsuit had been filed against him for wrongful deaths in drone attacks:
The CIA has pulled its station chief from Islamabad, one of America's most important spy posts, after his cover was blown in a legal action brought by victims of US drone strikes in the tribal belt.IMHO, Heck of a way to "win hearts and minds."
The officer, named in Pakistan as Jonathan Banks, left the country yesterday, after a tribesman publicly accused him of being responsible for the death of his brother and son in a CIA drone strike in December 2009. Karim Khan, a journalist from North Waziristan, called for Banks to be charged with murder and executed.
In a rare move, the CIA called Banks home yesterday, citing "security concerns" and saying he had received death threats, Washington officials told Associated Press. Khan's lawyer said he was fleeing the possibility of prosecution.
"This is just diplomatic language they are using. Banks is a liability to the CIA because he's likely to be called to court. They want to save him, and themselves, the embarrassment," said lawyer Shahzad Akbar. Pakistani media reports have claimed that Banks entered the country on a business visa, and therefore does not enjoy diplomatic immunity from prosecution.
The recall comes at a sensitive moment for Washington. This week's Afghanistan policy review brought fresh focus on Taliban safe havens in Pakistan's tribal belt. Meanwhile CIA drone attacks – which are co-ordinated from the Islamabad embassy – have reached a new peak. Three drones struck targets in Khyber, a previously untouched tribal agency, on Friday, reportedly killing 24 people and signalling a widening of the CIA covert campaign.
Tax Deal=Business As Usual
I'm not an economist, but I'm not too ecstatic about the recent tax deal. To me, it signals a mistaken worldview. I fear that it is going to increase the deficit without stimulating the economy. I don't know why Obama would violate his own campaign promise to tax the rich, it does seem like a Bush 41 "Read my lips" betrayal, and if I were a liberal Democrat, I'd begin mounting my challenge to Obama. Yes, it would help the Republicans, but so do tax giveways to your political opponents. Now, Obama will start off the new session on the wrong foot, having alienated his political base. I don't get it, myself.
Plus, it seems to my non-economist mind that extension of unemployement benefits is not the best foundation for growth. Talk about the return of the "welfare state."
I don't like the way this deal was done, and don't like the result.
Of course, I hope I'm wrong, and that a year from now unemployment is below 10 percent--but I don't see any way this could lead to that.
The US is suffering because we are losing two wars--one in Iraq, the other in Afghanistan. The evidence is that both countries sided with China in the recent Nobel Peace Prize controversy, boycotting the presentation to Liu Xiaobo. If we had won those wars, they'd be on our side rather than China's, IMHO.
Economic decline is a symptom of political and military decline. Only military victory could reverse that--but it would require a reorientation of American policy away from "Great Game" to "Clash of Civilizations" mode, full partnership with Russia and China, confrontation with Muslim extremism, and crash re-industrialization of the American economy.
Easier for Congress and the White House to take the drugs of tax-cuts and unemployment insurance instead, apparently hoping it might work...for the short-term.
Plus, it seems to my non-economist mind that extension of unemployement benefits is not the best foundation for growth. Talk about the return of the "welfare state."
I don't like the way this deal was done, and don't like the result.
Of course, I hope I'm wrong, and that a year from now unemployment is below 10 percent--but I don't see any way this could lead to that.
The US is suffering because we are losing two wars--one in Iraq, the other in Afghanistan. The evidence is that both countries sided with China in the recent Nobel Peace Prize controversy, boycotting the presentation to Liu Xiaobo. If we had won those wars, they'd be on our side rather than China's, IMHO.
Economic decline is a symptom of political and military decline. Only military victory could reverse that--but it would require a reorientation of American policy away from "Great Game" to "Clash of Civilizations" mode, full partnership with Russia and China, confrontation with Muslim extremism, and crash re-industrialization of the American economy.
Easier for Congress and the White House to take the drugs of tax-cuts and unemployment insurance instead, apparently hoping it might work...for the short-term.
Thursday, December 16, 2010
Jack Goldsmith: Seven Thoughts on Wikileaks
Ralph Nader quoted from this webpage in his congressional testimony a few minutes ago, so thanks to the internet and google (until they shut that down), here's the source material from his LAWFARE blog:
Seven Thoughts on Wikileaks
by Jack Goldsmith
1. I find myself agreeing with those who think Assange is being unduly vilified. I certainly do not support or like his disclosure of secrets that harm U.S. national security or foreign policy interests. But as all the hand-wringing over the 1917 Espionage Act shows, it is not obvious what law he has violated. It is also important to remember, to paraphrase Justice Stewart in the Pentagon Papers, that the responsibility for these disclosures lies firmly with the institution empowered to keep them secret: the Executive branch. The Executive was unconscionably lax in allowing Bradley Manning to have access to all these secrets and to exfiltrate them so easily.
2. I do not understand why so much ire is directed at Assange and so little at the New York Times. What if there were no wikileaks and Manning had simply given the Lady Gaga CD to the Times? Presumably the Times would eventually have published most of the same information, with a few redactions, for all the world to see. Would our reaction to that have been more subdued than our reaction now to Assange? If so, why? If not, why is our reaction so subdued when the Times receives and publishes the information from Bradley through Assange the intermediary? Finally, in 2005-2006, the Times disclosed information about important but fragile government surveillance programs. There is no way to know, but I would bet that these disclosures were more harmful to national security than the wikileaks disclosures. There was outcry over the Times’ surveillance disclosures, but nothing compared to the outcry over wikileaks. Why the difference? Because of quantity? Because Assange is not a U.S. citizen? Because he has a philosophy more menacing than “freedom of the press”? Because he is not a journalist? Because he has a bad motive?
3. In Obama’s Wars, Bob Woodward, with the obvious assistance of many top Obama administration officials, disclosed many details about top secret programs, code names, documents, meetings, and the like. I have a hard time squaring the anger the government is directing toward wikileaks with its top officials openly violating classification rules and opportunistically revealing without authorization top secret information.
4. Whatever one thinks of what Assange is doing, the flailing U.S. government reaction has been self-defeating. It cannot stop the publication of the documents that have already leaked out, and it should stop trying, for doing so makes the United States look very weak and gives the documents a greater significance than they deserve. It is also weak and pointless to prevent U.S. officials from viewing the wikileaks documents that the rest of the world can easily see. Also, I think trying to prosecute Assange under the Espionage Act would be a mistake. The prosecution could fail for any number of reasons (no legal violation, extradition impossible, First Amendment). Trying but failing to put Assange in jail is worse than not trying at all. And succeeding will harm First Amendment press protections, make a martyr of Assange, and invite further chaotic Internet attacks. The best thing to do – I realize that this is politically impossible – would be to ignore Assange and fix the secrecy system so this does not happen again.
5. As others have pointed out, the U.S. government reaction to wikileaks is more than a little awkward for the State Department’s Internet Freedom initiative. The contradictions of the initiative were apparent in the speech that announced it, where Secretary Clinton complained about cyberattacks seven paragraphs before she boasted of her support for hacktivism. I doubt the State Department is very keen about freedom of Internet speech or Internet hacktivism right now.
6. Tim Wu and I wrote a book called Who Controls The Internet? One thesis of the book was that states could exercise pretty good control over unwanted Internet communications and transactions from abroad by regulating the intermediaries that make the communications and transactions possible – e.g. backbone operators, ISPs, search engines, financial intermediaries (e.g. mastercard), and the like. The book identified one area where such intermediary regulation did not work terribly well: Cross-border cybercrime. An exception we did not discuss is the exposure of secrets. Once information is on the web, it is practically impossible to stop it from being copied and distributed. The current strategy of pressuring intermediaries (paypal, mastercard, amazon, various domain name services, etc.) to stop doing business with wikileaks will have a marginal effect on its ability to raise money and store information. But the information already in its possession has been encrypted and widely distributed, and once it is revealed it is practically impossible to stop it from being circulated globally. The United States could in theory take harsh steps to stop its circulation domestically – it could, for example, punish the New York Times and order ISPs and search engines to filter out a continuously updated list of identified wikileaks sites. But what would be the point of that? (Tim and I also did not anticipate that state attempts to pressure intermediaries would be met by distributed denial-of-service attacks on those intermediaries.)
7. The wikileaks saga gives the lie to the claim of United States omnipotence over the naming and numbering system via ICANN. Even assuming the United States could order ICANN (through its contractual arrangements and de facto control) to shut down all wikileaks sites (something that is far from obvious), ICANN could not follow through because its main leverage over unwanted wikileaks websites is its threat to de-list top-level domain names where the wikileaks sites appear. It is doubtful that ICANN could make that threat credibly for many reasons, including (a) the sites are shifting across top-level domains too quickly, (b) ICANN is not going to shut down a top-level domain to get at a handful of sites, and (c) alternative and perhaps root-splitting DNS alternatives might arise if it did.
Charles Glass: Prosecute Those Who Call for Attacks on Assange
Writing in TAKI Magazine, Charles Glass calls for the indictment of Sarah Palin and Bob Beckel, among others, for incitement to commit murder (ht Frontline Club):
What those who demand a man’s murder are doing, however, is not merely stating facts or lies, opinions or observations. In voicing what the philosopher J. L. Austin called “performative utterances,” they are acting. These are not statements that can be true or false; they are “speech acts.” When a military officer orders his men to go into action, he is not exercising free speech so much as he’s issuing a command. Moreover, he is held responsible under the Uniform Code of Military Justice and the Geneva Conventions for his orders. When Ayatollah Khomeini issued the death sentence on Salman Rushdie, he was not giving an idle opinion but instructing those who accepted his proclamations to take action. When Al Capone told one of his heavies to rub somebody out, that heavy had to do some quick rubbing or be rubbed out himself. If someone comes to your house with a firing squad and declares, “Ready, aim, fire,” the First Amendment would be no defense in court against a murder charge.
The idea that incitement to murder is permissible free speech was expressly condemned by, of all agencies, the Coalition Provisional Authority in Iraq in July 2003. It shut down the Al Mustaqila newspaper for urging death to “spies and those who cooperate with the U.S.” One of the State Department members of the C.P.A. at the time was Bill Stewart, who is now the Deputy Chief of Mission at the U.S. Embassy in Stockholm. (We may read via some future leak what he said to the Swedes regarding their prosecution of Julian Assange for ostensible crimes against two women who chose to go to bed with him.)
Some people may believe Sarah Palin and Fox News’ “experts” as much as some Muslims believed Khomeini. If anyone had murdered Rushdie (and a few tried), Khomeini could not deny responsibility. The United States Supreme Court has recognized the fact that speech is sometimes an action in itself. In Virginia v. Black et al., Justice Sandra Day O’Connor wrote the majority opinion:
We have consequently held that fighting words – “those personally abusive epithets which, when addressed to the ordinary citizen, are, as a matter of common knowledge, inherently likely to provoke violent reaction” – are generally proscribable under the First Amendment….And the First Amendment also permits a State to ban a “true threat.”
Therefore, I call upon prosecutors in the states where public figures have demanded Julian Assange’s assassination to investigate whether these incitements to murder may be prosecuted. This is my performative utterance, and I hope the Attorneys General will act on it before some idiot with a deer rifle takes it into his head to follow the recommendations of Palin, Flanagan, Beckel, et al.
Arianna Huffington on Wikileaks
From today's Huffington Post:
I see four main aspects to the story. The first important aspect of the revelations is... the revelations.
Too much of the coverage has been meta -- focusing on questions about whether the leaks were justified, while too little has dealt with the details of what has actually been revealed and what those revelations say about the wisdom of our ongoing effort in Afghanistan. There's a reason why the administration is so upset about these leaks.
True, there hasn't been one smoking-gun, bombshell revelation -- but that's certainly not to say the cables haven't been revealing. What there has been instead is more of the consistent drip, drip, drip of damning details we keep getting about the war. Details that belie the upbeat talk the administration wants us to believe. The effect is cumulative -- not unlike mercury poisoning.
It's notable that the latest leaks came out the same week President Obama went to Afghanistan for his surprise visit to the troops -- and made a speech about how we are "succeeding" and "making important progress" and bound to "prevail."
The WikiLeaks cables present quite a different picture. What emerges is one reality (the real one) colliding with another (the official one). We see smart, good-faith diplomats and foreign service personnel trying to make the truth on the ground match up to the one the administration has proclaimed to the public. The cables show the widening disconnect. It's like a foreign policy Ponzi scheme -- this one fueled not by the public's money, but the public's acquiescence.
The cables show that the administration has been cooking the books. And what's scandalous is not the actions of the diplomats doing their best to minimize the damage from our policies, but the policies themselves. Of course, we've known about them, but the cables provide another opportunity to see the truth behind the spin -- so it's no wonder the administration has reacted so hysterically to them.
The second aspect of the story -- the one that was the focus of the symposium -- is the changing relationship to government that technology has made possible.
Back in the year 2007, B.W. (Before WikiLeaks), the president waxed lyrical about government and the internet: "We have to use technology to open up our democracy. It's no coincidence that one of the most secretive administrations in our history has favored special interest and pursued policy that could not stand up to the sunlight."
At that moment he was, of course, busy building an internet framework that would play an important part in his becoming the head of the next administration. Not long after the election, in announcing his "Transparency and Open Government" policy, the president proclaimed: "Transparency promotes accountability and provides information for citizens about what their Government is doing. Information maintained by the Federal Government is a national asset."
Cut to a few years later. Now that he's defending a reality that doesn't match up to, well, reality, he's suddenly not so keen on the people having a chance to access this "national asset."
Even more wikironic are the statements by his Secretary of State who, less than a year ago, was lecturing other nations about the value of an unfettered and free internet. Given her description of the WikiLeaks as "an attack on America's foreign policy interests" that have put in danger "innocent people," her comments take on a whole different light. Some highlights:
In authoritarian countries, information networks are helping people discover new facts and making governments more accountable... technologies with the potential to open up access to government and promote transparency can also be hijacked by governments to crush dissent and deny human rights... As in the dictatorships of the past, governments are targeting independent thinkers who use these tools.
Now "making government accountable" is, as White House spokesman Robert Gibbs put it, a "reckless and dangerous action."
And the government isn't stopping at shameless demagoguery, hypocrisy, and fear-mongering -- it's putting its words into action. According to The Hill, this week the House Judiciary Committee will conduct open hearings into whether WikiLeaks has somehow violated the Espionage Act of 1917.
What's more, ABC News reports that Assange's lawyers are hearing that U.S. indictments could be forthcoming: "The American people themselves have been put at risk by these actions that are, I believe, arrogant, misguided and ultimately not helpful in any way," said Attorney General Eric Holder. "We have a very serious, active, ongoing investigation that is criminal in nature. I authorized just last week a number of things to be done so that we can hopefully get to the bottom of this and hold people accountable... as they should be."
For the Obama administration, it appears that accountability is a one-way street. When he had the chance to bring the principle of accountability to our wars in Afghanistan and Iraq, and investigate how we got into them, the president passed. As John Perry Barlow tweeted, "We have reached a point in our history where lies are protected speech and the truth is criminal."
Any process of real accountability, would, of course, also include the key role the press played in bringing us the war in Iraq. Jay Rosen, one of the participants in the symposium, wrote a brilliant essay entitled "From Judith Miller to Julian Assange." He writes:
For the portion of the American press that still looks to Watergate and the Pentagon Papers for inspiration, and that considers itself a check on state power, the hour of its greatest humiliation can, I think, be located with some precision: it happened on Sunday, September 8, 2002.
That was when the New York Times published Judith Miller and Michael Gordon's breathless, spoon-fed -- and ultimately inaccurate -- account of Iraqi attempts to buy aluminum tubes to produce fuel for a nuclear bomb.
Miller's after-the-facts-proved-wrong response, as quoted in a Michael Massing piece in the New York Review of Books, was: "My job isn't to assess the government's information and be an independent intelligence analyst myself. My job is to tell readers of The New York Times what the government thought about Iraq's arsenal."
In other words, her job is to tell citizens what their government is saying, not, as Obama called for in his transparency initiative, what their government is doing. As Jay Rosen put it:
Today it is recognized at the Times and in the journalism world that Judy Miller was a bad actor who did a lot of damage and had to go. But it has never been recognized that secrecy was itself a bad actor in the events that led to the collapse, that it did a lot of damage, and parts of it might have to go. Our press has never come to terms with the ways in which it got itself on the wrong side of secrecy as the national security state swelled in size after September 11th.
And in the WikiLeaks case, much of media has again found itself on the wrong side of secrecy -- and so much of the reporting about WikiLeaks has served to obscure, to conflate, to mislead.
For instance, how many stories have you heard or read about all the cables being "dumped" in "indiscriminate" ways with no attempt to "vet" and "redact" the stories first. In truth, only just over 1,200 of the 250,000 cables have been released, and WikiLeaks is now publishing only those cables vetted and redacted by their media partners, which includes the New York Times here and the Guardian in England.
The establishment media may be part of the media, but they're also part of the establishment. And they're circling the wagons. One method they're using, as Andrew Rasiej put it after the symposium, is to conflate the secrecy that governments use to operate and the secrecy that is used to hide the truth and allow governments to mislead us.
Nobody, including WikiLeaks, is promoting the idea that government should exist in total transparency, or that, for instance, all government meetings should be live-streamed and cameras placed around the White House like a DC-based spin-off of Big Brother.
Assange himself would not disagree. "Secrecy is important for many things," he told Time's Richard Stengel. "We keep secret the identity of our sources, as an example, take great pains to do it." At the same time, however, secrecy "shouldn't be used to cover up abuses."
But the government's legitimate need for secrecy is very different from the government's desire to get away with hiding the truth. Conflating the two is dangerously unhealthy for a democracy. And this is why it's especially important to look at what WikiLeaks is actually doing, as distinct from what its critics claim it's doing.
And this is why it's also important to look at the fact that even though the cables are being published in mainstream outlets like the Times, the information first went to WikiLeaks. "You've heard of voting with your feet?" Rosen said during the symposium. "The sources are voting with their leaks. If they trusted the newspapers more, they would be going to the newspapers."
Our democracy's need for accountability transcends left and right divisions. Over at American Conservative magazine, Jack Hunter penned "The Conservative Case for WikiLeaks," writing:
Decentralizing government power, limiting it, and challenging it was the Founders' intent and these have always been core conservative principles. Conservatives should prefer an explosion of whistleblower groups like WikiLeaks to a federal government powerful enough to take them down. Government officials who now attack WikiLeaks don't fear national endangerment, they fear personal embarrassment. And while scores of conservatives have long promised to undermine or challenge the current monstrosity in Washington, D.C., it is now an organization not recognizably conservative that best undermines the political establishment and challenges its very foundations.
It is not, as Simon Jenkins put it in the Guardian, the job of the media to protect the powerful from embarrassment. As I said at the symposium, its job is to play the role of the little boy in The Emperor's New Clothes -- brave enough to point out what nobody else is willing to say.
When the press trades truth for access, it is WikiLeaks that acts like the little boy. "Power," wrote Jenkins, "loathes truth revealed. When the public interest is undermined by the lies and paranoia of power, it is disclosure that takes sanity by the scruff of its neck and sets it back on its feet."
A final aspect of the story is Julian Assange himself. Is he a visionary? Is he an anarchist? Is he a jerk? This is fun speculation, but why does it have an impact on the value of the WikiLeaks revelations?
Of course, it's not terribly surprising that those who are made uncomfortable by the discrepancy between what the leaked cables show and what our government claims would rather make this all about the psychological makeup of Assange. But doing so is a virtual admission that they have nothing tangible with which to counter the reality exposed by WikiLeaks.
Maybe Assange "often acts without completely thinking through every repercussion of his actions," writes Slate's Jack Shafer. "But if you want to dismiss him just because he's a seething jerk, there are about 2,000 journalists I'd like you to meet."
Whether Assange is a world-class jerk or not, this is bigger than Assange -- and will continue whether or not he continues to be a central player in it. In fact, there is already an offshoot site soon to be launched, called Openleaks, which will be run by veterans of WikiLeaks.
And I doubt this will be the only offshoot. So as interesting as the Assange saga is, and I'm sure there will be books and movies recounting Assange's personal tale, this is not about one man. Nor is it about one site, though the precedent of allowing the government to shut it down is very important.
It is about our future. For our democracy to survive, citizens have to be able to know what our government is really doing. We can't change course if we don't have accurate information about where we really are. Whether this comes from a website or a newspaper or both doesn't matter.
But if our government is successful in its efforts to shut down this new avenue of accountability, it will have done our country far more damage than what it claims is being done by WikiLeaks.
House Holds Wikileaks Hearing Today
Live streaming video online now.
Hearing InformationCSPAN streaming video on CSPAN 3.
Hearing on: Hearing on the Espionage Act and the Legal and Constitutional Issues Raised by WikiLeaks
Thursday 12/16/2010 - 9:30 a.m. 12:00 p.m.10:00 a.m.
2141 Rayburn House Office Building
Full Committee
By Direction of the Chairman
Hearing Documentation
Related News
No related news available
Witness List
Abbe D. Lowell
Partner
McDermott Will & Emery LLP
Washington, DC
Kenneth L. Wainstein
Partner
O'Melveny & Myers LLP
Washington, DC
Geoffrey R. Stone
Edward H. Levi Distinguished Service Professor and Former Dean
University of Chicago Law School
Chicago, IL
Gabriel Schoenfeld, Ph.D.
Senior Fellow
Hudson Institute
New York, NY
Thomas S. Blanton
Director
National Security Archive at George Washington University
Washington, DC
Stephen I. Vladeck
Professor of Law
American University Washington College of Law
Washington, DC
Ralph Nader
Legal Advocate and Author
Washington, DC
Ann Coulter on Wikileaks
From AnnCoulter.com:
If Assange had unauthorized possession of any national defense document that he had reason to believe could be used to injure the United States, and he willfully communicated that to any person not entitled to receive it, Assange committed a felony, and it wouldn't matter if he were Lois Lane, my favorite reporter.
As I have noted previously, the only part of the criminal law that doesn't apply to reporters is the death penalty, at least since 2002, when the Supreme Court decided in Atkins v. Virginia that it's "cruel and unusual punishment" to execute the retarded.
Wednesday, December 15, 2010
WikiLeaks and 9/11: What if? - Los Angeles Times
Wikileaks - WikiLeaks and 9/11: What if? - Los Angeles Times (ht Michael Moore, Huffington Post)
German Foundation Defends Assange
It's called the Wau Holland Foundation. Its website is here...
Re: Inquiries on Wikileaks
We kindly ask you to understand that we cannot and will not answer questions regarding Wikileaks or people connected with Wikileaks. Please contact Wikileaks directly — find the contact address on the Wikileaks pages (e.g.. http://www.wikileaks.nl).
As a tax deductible foundation in Germany we handle and transfer donations to Wikileaks according to our by-law and German law. You are however welcome to contact us should you have questions on the Wau Holland Foundation itself.
Posh London Clubman Defends Julian Assange
He's Vaughan Smith, founder of London's Frontline Club, and he's posted his manifesto on the club website:
Statement by Vaughan Smith re: Julian AssangeMore on the club's charitable trust and its mission, from the website:
Dear friends of Frontline, many of you will have seen Julian Assange and the Wikileaks people at Frontline. I wanted to copy you the press release that I sent out today. Very best, Vaughan
“I attended court today to offer my support for Julian Assange of Wikileaks on a point of principle.
“In the face of a concerted attempt to shut him down and after a decade since 9/11 that has been characterised by manipulation of the media by the authorities, the information released by Wikileaks is a refreshing glimpse into an increasingly opaque world.”
The Frontline Club was founded seven years ago to stand for independence and transparency.
Recent informal canvassing of many of our more than 1,500 members at the Frontline Club suggests almost all are supportive of our position.
I am suspicious of the personal charges that have been made against Mr Assange and hope that this will be properly resolved by the courts. Certainly no credible charges have been brought regarding the leaking of the information itself.
I can confirm that Mr Assange has spent much of the last several months working from our facilities at the Frontline Club. Earlier today I offered him an address for bail.
7pm. Tuesday 7 December. ---
Vaughan Smith
07770520345
vaughan.smith@frontlineclub.com
About the TrustSmith's Wikipedia entry here.
Since registering with the Charity Commission in 2006, the Trust has vigorously worked to promote freedom of expression and excellence in journalism both in the UK and overseas.
In London, the Trust runs a busy programme of events programme including talks and screening that cover a wide variety of topics and issues. The Trust organises over 200 events a year.
Overseeing the work of the FCCT is the Board of Trustees, consisting of distinguished media professionals and members of the NGO sector. Currently the board includes John Owen and Keith Coleman.
The Trust is funded by the business operations of the Frontline Club, including the restaurant and the membership. This income helps cover most of the costs from our events programme but external funding is also used to support individual strands and seasons. Supporters include the Open Society Foundation, BBC World Service Trust, Potter Foundation, Chivas Regals, Canon etc.
Asia Times Online : Turkemenistan-Afghanistan-Pakistan Oil-gas Pipeline a "New Silk Road"
Asia Times Online explains the geopolitical significance of the new Turkmenistan-Afghanistan-Pakistan Oil-gas pipeline:
Any project that makes Pakistan a stakeholder in regional security and stability would interest India. To quote Deora, TAPI is the "new Silk Route between Central Asia and South Asia" and Indian Prime Minister Manmohan Singh has described it as a "peace pipeline" in the region.IMHO, I hope it works out better than the Mosul-Haifa pipeline from Iraq to Israel's port on the Mediterranean did...
Again, TAPI signifies a step forward for the Indian quest for access to Afghanistan and Central Asia via Pakistan. India will factor in that TAPI forms part of the US regional policy focusing on the stabilization of Afghanistan, and the realization of the project may incrementally persuade Pakistan to do course correction on its support to militant groups. The project certainly offers India useful avenues of bilateral interaction with Pakistan, which can lead to bigger dialogue processes.
Indeed, the doomsday predictions are that the security situation in Afghanistan does not give any scope for the realization of the pipeline. But this is also a chicken-and-egg situation. TAPI can as well be viewed as the missing link that fosters an India-Pakistan consensus over settlement in Afghanistan. But then, in order to grasp the complicated thought, we must also take note of other subtle shades in the big picture.
India-Pakistan back channels on Kashmir are being quietly revived under US watch, and with Pakistan holding off from stirring up the uprising in the Indian state of Jammu and Kashmir, calm has been restored. The Indian interior minister has been emboldened to speak about a "Kashmir solution" in the coming few months. There is talk in the air about the next round of talks between the Indian and Pakistani foreign ministers.
In sum, Berdymukhamedov is leading TAPI into the limelight against the backdrop of new stirrings. Who says he isn't a "very bright guy"? The calendar for the pipeline's completion coincides exactly with the 2014 timeline for the end of the US combat mission in Afghanistan.
Tuesday, December 14, 2010
Charles Crawford on Richard Holbrooke
The former British ambassador remembers his American counterpart in the Balkans on his blogoir, CharlesCrawford.biz:
Dick Holbrooke's sudden death is a blow to American diplomacy. His cleverness, his relentlessness, his raw humour, his skilled psychological pressure-plays and sheer bravura all combined with a sense of boldly wielding power to make him a uniquely formidable force.
I have written about my own meetings with on various occasions. See eg here, one of my earliest postings, describing how the Americans flick'd EU diplomacy off the table like an undernourished crumb.
And this one, describing his finely calculated patronising sexism aimed at a top British woman diplomat, and how his own US colleagues were twitching with nerves lest he chewed them out.
Then there was his outlandish attempt to blame anyone other than the Guilty Man for the NATO failure to arrest Radovan Karadzic straight after Dayton back in 1996.
Dick Holbrooke therefore was in a diplomatic category all of his own, leaving a trail of vivid Holbrooke stories in his wake as he pushed tirelessly to get results. But he did get results, where many others had failed.
How do those results stand the test of time?
One example.
In 1995 Pauline Neville-Jones and I sat in the US Ambassador's Residence after dinner in Moscow after the final Contact Group meeting before Dayton, talking about how best to build Bosnia after the war and in particular how to foster some sort of shared national identity.
Pauline produced an English pound coin, to show that money could be used for different symbolic purposes, having a national motif on one side and different regional/ethnic symbols on the other.
Holbrooke rudely brushed that idea aside as a typical example of convoluted, too clever European pointy-headed thinking: "They're going to have normal money like the US dollar, and that's it!"
He was wrong. Failure to think creatively before, at and after Dayton about issues like this led to new stalemates and frustrations, with the result today that Bosnia is one of the worst-governed countries on the planet and a dismal return on huge amounts of foreign support.
On the other hand, it's not at war. It has a chance. Bosnia in a decade has achieved far more than eg Cyprus or Israel/Palestine in terms of property returns and re-establishment of some sort of normal life.
Holbrooke's style in the Balkans was all about pushing hard, not to get a perfect outcome but at least to shift things along in a broadly better direction when all else seemed stuck.
That's one of the hardest tasks in diplomacy as in life - to be good at judging when to keep pushing and when to cut a deal. Not letting the Best be the enemy of the Good, or even of the Somewhat Better.
Hence also this recollection of a senior meeting in London about Bosnia in Spring 1996 when the Americans were simply better and firmer and bolder - in short, more convincing than the Brits and assorted Europeans.
Did Holbrooke then 'cut a deal' with Karadzic to get him to withdraw from public life? I suspect something of the sort. But we'll never know what if anything Holbrooke promised, or offered. Maybe he simply left Karadzic with some strong impressions of positive and negative incentives, which in the circumstances were good enough to drive him slowly but surely far away from the Bosnian daily scene.
Richard Holbrooke's legacy is therefore mixed. He was in the true sense of the word an extraordinary man, who accomplished extraordinary things in diplomacy by whatever means it took to do them.
He'll be missed. And, more importantly, not easily replaced.
Monday, December 13, 2010
Tashkent Gets WikiLeaked...
Finally, a few cables from the US Embassy in Uzbekisatan
have been released, here Tashkent Gets WikiLeaked: Gulnara is "Most Hated Person in the Country" | EurasiaNet.org.
To me, there is nothing in them that looks secret...I don't know why the Guardian xxxxx-ed out the name of the alleged head of the Uzbek mafia--unless he's a British agent. Just type "head of Uzbek mafia" into google and the name will appear.
IMHO, Jon Purnell shows little insight as ambassador, recycling the conventional US wisdom from questionable sources in addition to office gossip. I'm pretty sure George W. Bush was more "hated" in Uzbekistan than Gulnara, perhaps that's why the US ambassador didn't cite polling data in his leaked cable.
Pathetic.
have been released, here Tashkent Gets WikiLeaked: Gulnara is "Most Hated Person in the Country" | EurasiaNet.org.
To me, there is nothing in them that looks secret...I don't know why the Guardian xxxxx-ed out the name of the alleged head of the Uzbek mafia--unless he's a British agent. Just type "head of Uzbek mafia" into google and the name will appear.
IMHO, Jon Purnell shows little insight as ambassador, recycling the conventional US wisdom from questionable sources in addition to office gossip. I'm pretty sure George W. Bush was more "hated" in Uzbekistan than Gulnara, perhaps that's why the US ambassador didn't cite polling data in his leaked cable.
Pathetic.
Sunday, December 12, 2010
Better Late Than Never...
The Washington Post's editorial on Wikileaks:
Don't charge Wikileaks
WIKILEAKS FOUNDER Julian Assange has irresponsibly released thousands of sensitive national security documents, including some that Pentagon officials say could put in harm's way Afghans who have cooperated with U.S. efforts. But that does not mean he has committed a crime.
Mr. Assange, an Australian, is in a British jail awaiting possible extradition to Sweden on sexual assault allegations. Many Americans would like to see him spend a good, long time behind bars - for different reasons. Sen. Dianne Feinstein (D-Calif.), chairman of the Senate Intelligence Committee, argues that Mr. Assange's actions violate the Espionage Act, a World War I-era law crafted to punish individuals who spy on the country during wartime. The Justice Department is reportedly assessing that possibility as well as other prosecutorial vehicles.
Sen. Joseph I. Lieberman (I-Conn.) goes further and has urged the administration to consider charges against media outlets that produced news articles based on the leaked documents. These organizations, Mr. Lieberman said in an interview with Fox News last week , have "committed at least an act of bad citizenship, but whether they have committed a crime - I think that bears a very intense inquiry by the Justice Department."
Such prosecutions are a bad idea. The government has no business indicting someone who is not a spy and who is not legally bound to keep its secrets. Doing so would criminalize the exchange of information and put at risk responsible media organizations that vet and verify material and take seriously the protection of sources and methods when lives or national security are endangered. The Espionage Act is easily abused, as shown by a criminal case that dragged on for years, before being closed last year, of two lobbyists for the American Israel Public Affairs Committee who did nothing more than pass along to colleagues and a reporter information they gleaned from conversations with U.S. officials. The act should be scrapped or tightened, not given new and dangerous life.
So is the administration helpless? No; it has every right to demand strict confidentiality from its employees and others who swear to protect its secrets. It has rightly filed charges against an Army intelligence specialist who it believes was the source of the leaked documents. And the government should repair its own house, by investigating its carelessness in allowing these documents to leak and taking steps to prevent a recurrence.
Friday, December 10, 2010
Glenn Greenwald on America's Fascist "Journalists"
At Time Magazine, and elsewhere, covering Wikileaks--in Salon.com:
Despite all that, it is impossible to conceive of any establishment media outlet in the U.S. uttering a peep of support for what those protesters did. The immediate consensus in the American political and media class was that these activists were engaged in pure, unmitigated destruction -- even evil -- and should be severely punished. That's because the greatest sin in our political culture is doing anything other than meekly submitting even to assertions of lawless and thuggish government and corporate power. If the Government and the largest corporations collaborate to lawlessly destroy WikiLeaks for the crime of engaging in threatening journalism, then you simply write polite letters to Congress or complain on your blog; what you don't do under any circumstances is resist or fight back using even symbolic gestures of disobedience. That's the authoritarian mentality pervading -- defining -- not only the establishment media but (as a result) much of the citizenry.
Just contrast the angry denunciations over these activists' simplistic, relatively innocuous denial of service attacks, with the apathy toward (or even support for) the far more sophisticated and damaging "cyber attacks" launched at WikiLeaks, which resulted in their permanent removal from any recognizable URL (and now can only be found through some impossible-to-remember numerical address). Whoever was responsible for those attacks aimed at WikiLeaks -- even if it were a government agency -- is acting every bit as lawlessly as the adolescent (though well-intentioned) activists responsible for shutting down MasterCard's website for a few hours. But it is only the latter transgressions that trigger any real anger.
Identically, note how few object to the fact that the DOJ is investigating the pro-WikiLeaks attacks, but not -- of course -- the ones directed at WikiLeaks. That's because we collectively believe -- with the establishment media leading the way -- that the most powerful authorities have the unfettered right to do whatever they want to anyone who is sufficiently demonized as Bad, while the worst sin is to do anything outside of approved (i.e., impotent) means to protest establishment power and authority, no matter how destructive and criminal the ends are to which that power and authority is being applied.
This is the same mentality that expresses such self-righteous outrage over the mere prospect that disclosures of the truth by WikiLeaks might hypothetically one day lead to the death of a single innocent person, while barely uttering any real anger over the massive numbers of innocents actually being killed right now by the U.S. Government. And it's the same mentality that purports to acknowledge the massive secrecy abuses, deceit and pervasive crimes of the U.S. Government, while demanding that one of the very few people who apparently risked something to do anything meaningful to stop all of that -- Bradley Manning -- be severely punished, or that Julian Assange be punished. This is authoritarianism in its classic form -- an instinctively servile loyalty to power even when it is acting corruptly, lawlessly and destructively -- and it finds its purest and most vigorous expression in those who most loudly claim devotion to checking it: our intrepid adversarial journalists.
UPDATE: For a slightly different but related service the establishment media dutifully provides to the Government, see this excellent Marcy Wheeler post from today, entitled: "Hatfill and Wen Ho Lee and Plame and al-Awlaki and Assange."
UPDATE II: CNN today spewed pure, absurd fear-mongering against WikiLeaks; Assange really is their new Saddam Hussein and WikiLeaks their new WMD. And just to underscore the contrast between how media outlets around the world behave, the French newspaper Liberation -- a mainstream center-left publication -- announced today that it was creating a "mirror-WikiLeaks" site and hosting it on their paper's website (its mirror site is here). It is even possible to conceive of a mainstream American newspaper doing that?
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