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FOCUS: Military to Military Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=37702"><span class="small">Seymour Hersh, London Review of Books</span></a>   
Wednesday, 23 December 2015 11:36

Hersh writes: "Barack Obama's repeated insistence that Bashar al-Assad must leave office - and that there are 'moderate' rebel groups in Syria capable of defeating him - has in recent years provoked quiet dissent, and even overt opposition, among some of the most senior officers on the Pentagon's Joint Staff."

Syria's president, Bashar al-Assad, in Damascus in 2010 (photo: Reuters)
Syria's president, Bashar al-Assad, in Damascus in 2010 (photo: Reuters)


Military to Military

By Seymour Hersh, London Review of Books

23 December 15

 

Seymour M. Hersh on US intelligence sharing in the Syrian war

arack Obama’s repeated insistence that Bashar al-Assad must leave office – and that there are ‘moderate’ rebel groups in Syria capable of defeating him – has in recent years provoked quiet dissent, and even overt opposition, among some of the most senior officers on the Pentagon’s Joint Staff. Their criticism has focused on what they see as the administration’s fixation on Assad’s primary ally, Vladimir Putin. In their view, Obama is captive to Cold War thinking about Russia and China, and hasn’t adjusted his stance on Syria to the fact both countries share Washington’s anxiety about the spread of terrorism in and beyond Syria; like Washington, they believe that Islamic State must be stopped.

The military’s resistance dates back to the summer of 2013, when a highly classified assessment, put together by the Defense Intelligence Agency (DIA) and the Joint Chiefs of Staff, then led by General Martin Dempsey, forecast that the fall of the Assad regime would lead to chaos and, potentially, to Syria’s takeover by jihadi extremists, much as was then happening in Libya. A former senior adviser to the Joint Chiefs told me that the document was an ‘all-source’ appraisal, drawing on information from signals, satellite and human intelligence, and took a dim view of the Obama administration’s insistence on continuing to finance and arm the so-called moderate rebel groups. By then, the CIA had been conspiring for more than a year with allies in the UK, Saudi Arabia and Qatar to ship guns and goods – to be used for the overthrow of Assad – from Libya, via Turkey, into Syria. The new intelligence estimate singled out Turkey as a major impediment to Obama’s Syria policy. The document showed, the adviser said, ‘that what was started as a covert US programme to arm and support the moderate rebels fighting Assad had been co-opted by Turkey, and had morphed into an across-the-board technical, arms and logistical programme for all of the opposition, including Jabhat al-Nusra and Islamic State. The so-called moderates had evaporated and the Free Syrian Army was a rump group stationed at an airbase in Turkey.’ The assessment was bleak: there was no viable ‘moderate’ opposition to Assad, and the US was arming extremists.

Lieutenant General Michael Flynn, director of the DIA between 2012 and 2014, confirmed that his agency had sent a constant stream of classified warnings to the civilian leadership about the dire consequences of toppling Assad. The jihadists, he said, were in control of the opposition. Turkey wasn’t doing enough to stop the smuggling of foreign fighters and weapons across the border. ‘If the American public saw the intelligence we were producing daily, at the most sensitive level, they would go ballistic,’ Flynn told me. ‘We understood Isis’s long-term strategy and its campaign plans, and we also discussed the fact that Turkey was looking the other way when it came to the growth of the Islamic State inside Syria.’ The DIA’s reporting, he said, ‘got enormous pushback’ from the Obama administration. ‘I felt that they did not want to hear the truth.’

‘Our policy of arming the opposition to Assad was unsuccessful and actually having a negative impact,’ the former JCS adviser said. ‘The Joint Chiefs believed that Assad should not be replaced by fundamentalists. The administration’s policy was contradictory. They wanted Assad to go but the opposition was dominated by extremists. So who was going to replace him? To say Assad’s got to go is fine, but if you follow that through – therefore anyone is better. It’s the “anybody else is better” issue that the JCS had with Obama’s policy.’ The Joint Chiefs felt that a direct challenge to Obama’s policy would have ‘had a zero chance of success’. So in the autumn of 2013 they decided to take steps against the extremists without going through political channels, by providing US intelligence to the militaries of other nations, on the understanding that it would be passed on to the Syrian army and used against the common enemy, Jabhat al-Nusra and Islamic State.

Germany, Israel and Russia were in contact with the Syrian army, and able to exercise some influence over Assad’s decisions – it was through them that US intelligence would be shared. Each had its reasons for co-operating with Assad: Germany feared what might happen among its own population of six million Muslims if Islamic State expanded; Israel was concerned with border security; Russia had an alliance of very long standing with Syria, and was worried by the threat to its only naval base on the Mediterranean, at Tartus. ‘We weren’t intent on deviating from Obama’s stated policies,’ the adviser said. ‘But sharing our assessments via the military-to-military relationships with other countries could prove productive. It was clear that Assad needed better tactical intelligence and operational advice. The JCS concluded that if those needs were met, the overall fight against Islamist terrorism would be enhanced. Obama didn’t know, but Obama doesn’t know what the JCS does in every circumstance and that’s true of all presidents.’

Once the flow of US intelligence began, Germany, Israel and Russia started passing on information about the whereabouts and intent of radical jihadist groups to the Syrian army; in return, Syria provided information about its own capabilities and intentions. There was no direct contact between the US and the Syrian military; instead, the adviser said, ‘we provided the information – including long-range analyses on Syria’s future put together by contractors or one of our war colleges – and these countries could do with it what they chose, including sharing it with Assad. We were saying to the Germans and the others: “Here’s some information that’s pretty interesting and our interest is mutual.” End of conversation. The JCS could conclude that something beneficial would arise from it – but it was a military to military thing, and not some sort of a sinister Joint Chiefs’ plot to go around Obama and support Assad. It was a lot cleverer than that. If Assad remains in power, it will not be because we did it. It’s because he was smart enough to use the intelligence and sound tactical advice we provided to others.’

The public history of relations between the US and Syria over the past few decades has been one of enmity. Assad condemned the 9/11 attacks, but opposed the Iraq War. George W. Bush repeatedly linked Syria to the three members of his ‘axis of evil’ – Iraq, Iran and North Korea – throughout his presidency. State Department cables made public by WikiLeaks show that the Bush administration tried to destabilise Syria and that these efforts continued into the Obama years. In December 2006, William Roebuck, then in charge of the US embassy in Damascus, filed an analysis of the ‘vulnerabilities’ of the Assad government and listed methods ‘that will improve the likelihood’ of opportunities for destabilisation. He recommended that Washington work with Saudi Arabia and Egypt to increase sectarian tension and focus on publicising ‘Syrian efforts against extremist groups’ – dissident Kurds and radical Sunni factions – ‘in a way that suggests weakness, signs of instability, and uncontrolled blowback’; and that the ‘isolation of Syria’ should be encouraged through US support of the National Salvation Front, led by Abdul Halim Khaddam, a former Syrian vice president whose government-in-exile in Riyadh was sponsored by the Saudis and the Muslim Brotherhood. Another 2006 cable showed that the embassy had spent $5 million financing dissidents who ran as independent candidates for the People’s Assembly; the payments were kept up even after it became clear that Syrian intelligence knew what was going on. A 2010 cable warned that funding for a London-based television network run by a Syrian opposition group would be viewed by the Syrian government ‘as a covert and hostile gesture toward the regime’.

But there is also a parallel history of shadowy co-operation between Syria and the US during the same period. The two countries collaborated against al-Qaida, their common enemy. A longtime consultant to the Joint Special Operations Command said that, after 9/11, ‘Bashar was, for years, extremely helpful to us while, in my view, we were churlish in return, and clumsy in our use of the gold he gave us. That quiet co-operation continued among some elements, even after the [Bush administration’s] decision to vilify him.’ In 2002 Assad authorised Syrian intelligence to turn over hundreds of internal files on the activities of the Muslim Brotherhood in Syria and Germany. Later that year, Syrian intelligence foiled an attack by al-Qaida on the headquarters of the US Navy’s Fifth Fleet in Bahrain, and Assad agreed to provide the CIA with the name of a vital al-Qaida informant. In violation of this agreement, the CIA contacted the informant directly; he rejected the approach, and broke off relations with his Syrian handlers. Assad also secretly turned over to the US relatives of Saddam Hussein who had sought refuge in Syria, and – like America’s allies in Jordan, Egypt, Thailand and elsewhere – tortured suspected terrorists for the CIA in a Damascus prison.

It was this history of co-operation that made it seem possible in 2013 that Damascus would agree to the new indirect intelligence-sharing arrangement with the US. The Joint Chiefs let it be known that in return the US would require four things: Assad must restrain Hizbullah from attacking Israel; he must renew the stalled negotiations with Israel to reach a settlement on the Golan Heights; he must agree to accept Russian and other outside military advisers; and he must commit to holding open elections after the war with a wide range of factions included. ‘We had positive feedback from the Israelis, who were willing to entertain the idea, but they needed to know what the reaction would be from Iran and Syria,’ the JCS adviser told me. ‘The Syrians told us that Assad would not make a decision unilaterally – he needed to have support from his military and Alawite allies. Assad’s worry was that Israel would say yes and then not uphold its end of the bargain.’ A senior adviser to the Kremlin on Middle East affairs told me that in late 2012, after suffering a series of battlefield setbacks and military defections, Assad had approached Israel via a contact in Moscow and offered to reopen the talks on the Golan Heights. The Israelis had rejected the offer. ‘They said, “Assad is finished,”’ the Russian official told me. ‘“He’s close to the end.”’ He said the Turks had told Moscow the same thing. By mid-2013, however, the Syrians believed the worst was behind them, and wanted assurances that the Americans and others were serious about their offers of help.

In the early stages of the talks, the adviser said, the Joint Chiefs tried to establish what Assad needed as a sign of their good intentions. The answer was sent through one of Assad’s friends: ‘Bring him the head of Prince Bandar.’ The Joint Chiefs did not oblige. Bandar bin Sultan had served Saudi Arabia for decades in intelligence and national security affairs, and spent more than twenty years as ambassador in Washington. In recent years, he has been known as an advocate for Assad’s removal from office by any means. Reportedly in poor health, he resigned last year as director of the Saudi National Security Council, but Saudi Arabia continues to be a major provider of funds to the Syrian opposition, estimated by US intelligence last year at $700 million.

In July 2013, the Joint Chiefs found a more direct way of demonstrating to Assad how serious they were about helping him. By then the CIA-sponsored secret flow of arms from Libya to the Syrian opposition, via Turkey, had been underway for more than a year (it started sometime after Gaddafi’s death on 20 October 2011).? The operation was largely run out of a covert CIA annex in Benghazi, with State Department acquiescence. On 11 September 2012 the US ambassador to Libya, Christopher Stevens, was killed during an anti-American demonstration that led to the burning down of the US consulate in Benghazi; reporters for the Washington Post found copies of the ambassador’s schedule in the building’s ruins. It showed that on 10 September Stevens had met with the chief of the CIA’s annex operation. The next day, shortly before he died, he met a representative from Al-Marfa Shipping and Maritime Services, a Tripoli-based company which, the JCS adviser said, was known by the Joint Staff to be handling the weapons shipments.

By the late summer of 2013, the DIA’s assessment had been circulated widely, but although many in the American intelligence community were aware that the Syrian opposition was dominated by extremists the CIA-sponsored weapons kept coming, presenting a continuing problem for Assad’s army. Gaddafi’s stockpile had created an international arms bazaar, though prices were high. ‘There was no way to stop the arms shipments that had been authorised by the president,’ the JCS adviser said. ‘The solution involved an appeal to the pocketbook. The CIA was approached by a representative from the Joint Chiefs with a suggestion: there were far less costly weapons available in Turkish arsenals that could reach the Syrian rebels within days, and without a boat ride.’ But it wasn’t only the CIA that benefited. ‘We worked with Turks we trusted who were not loyal to Erdo?an,’ the adviser said, ‘and got them to ship the jihadists in Syria all the obsolete weapons in the arsenal, including M1 carbines that hadn’t been seen since the Korean War and lots of Soviet arms. It was a message Assad could understand: “We have the power to diminish a presidential policy in its tracks.”’

The flow of US intelligence to the Syrian army, and the downgrading of the quality of the arms being supplied to the rebels, came at a critical juncture. The Syrian army had suffered heavy losses in the spring of 2013 in fighting against Jabhat al-Nusra and other extremist groups as it failed to hold the provincial capital of Raqqa. Sporadic Syrian army and air-force raids continued in the area for months, with little success, until it was decided to withdraw from Raqqa and other hard to defend, lightly populated areas in the north and west and focus instead on consolidating the government’s hold on Damascus and the heavily populated areas linking the capital to Latakia in the north-east. But as the army gained in strength with the Joint Chiefs’ support, Saudi Arabia, Qatar and Turkey escalated their financing and arming of Jabhat al-Nusra and Islamic State, which by the end of 2013 had made enormous gains on both sides of the Syria/Iraq border. The remaining non-fundamentalist rebels found themselves fighting – and losing – pitched battles against the extremists. In January 2014, IS took complete control of Raqqa and the tribal areas around it from al-Nusra and established the city as its base. Assad still controlled 80 per cent of the Syrian population, but he had lost a vast amount of territory.

CIA efforts to train the moderate rebel forces were also failing badly. ‘The CIA’s training camp was in Jordan and was controlled by a Syrian tribal group,’ the JCS adviser said. There was a suspicion that some of those who signed up for training were actually Syrian army regulars minus their uniforms. This had happened before, at the height of the Iraqi war, when hundreds of Shia militia members showed up at American training camps for new uniforms, weapons and a few days of training, and then disappeared into the desert. A separate training programme, set up by the Pentagon in Turkey, fared no better. The Pentagon acknowledged in September that only ‘four or five’ of its recruits were still battling Islamic State; a few days later 70 of them defected to Jabhat al-Nusra immediately after crossing the border into Syria.

In January 2014, despairing at the lack of progress, John Brennan, the director of the CIA, summoned American and Sunni Arab intelligence chiefs from throughout the Middle East to a secret meeting in Washington, with the aim of persuading Saudi Arabia to stop supporting extremist fighters in Syria. ‘The Saudis told us they were happy to listen,’ the JCS adviser said, ‘so everyone sat around in Washington to hear Brennan tell them that they had to get on board with the so-called moderates. His message was that if everyone in the region stopped supporting al-Nusra and Isis their ammunition and weapons would dry up, and the moderates would win out.’ Brennan’s message was ignored by the Saudis, the adviser said, who ‘went back home and increased their efforts with the extremists and asked us for more technical support. And we say OK, and so it turns out that we end up reinforcing the extremists.’

But the Saudis were far from the only problem: American intelligence had accumulated intercept and human intelligence demonstrating that the Erdo?an government had been supporting Jabhat al-Nusra for years, and was now doing the same for Islamic State. ‘We can handle the Saudis,’ the adviser said. ‘We can handle the Muslim Brotherhood. You can argue that the whole balance in the Middle East is based on a form of mutually assured destruction between Israel and the rest of the Middle East, and Turkey can disrupt the balance – which is Erdo?an’s dream. We told him we wanted him to shut down the pipeline of foreign jihadists flowing into Turkey. But he is dreaming big – of restoring the Ottoman Empire – and he did not realise the extent to which he could be successful in this.’

One of the constants in US affairs since the fall of the Soviet Union has been a military-to-military relationship with Russia. After 1991 the US spent billions of dollars to help Russia secure its nuclear weapons complex, including a highly secret joint operation to remove weapons-grade uranium from unsecured storage depots in Kazakhstan. Joint programmes to monitor the security of weapons-grade materials continued for the next two decades. During the American war on Afghanistan, Russia provided overflight rights for US cargo carriers and tankers, as well as access for the flow of weapons, ammunition, food and water the US war machine needed daily. Russia’s military provided intelligence on Osama bin Laden’s whereabouts and helped the US negotiate rights to use an airbase in Kyrgyzstan. The Joint Chiefs have been in communication with their Russian counterparts throughout the Syrian war, and the ties between the two militaries start at the top. In August, a few weeks before his retirement as chairman of the Joint Chiefs, Dempsey made a farewell visit to the headquarters of the Irish Defence Forces in Dublin and told his audience there that he had made a point while in office to keep in touch with the chief of the Russian General Staff, General Valery Gerasimov. ‘I’ve actually suggested to him that we not end our careers as we began them,’ Dempsey said – one a tank commander in West Germany, the other in the east.

When it comes to tackling Islamic State, Russia and the US have much to offer each other. Many in the IS leadership and rank and file fought for more than a decade against Russia in the two Chechen wars that began in 1994, and the Putin government is heavily invested in combating Islamist terrorism. ‘Russia knows the Isis leadership,’ the JCS adviser said, ‘and has insights into its operational techniques, and has much intelligence to share.’ In return, he said, ‘we’ve got excellent trainers with years of experience in training foreign fighters – experience that Russia does not have.’ The adviser would not discuss what American intelligence is also believed to have: an ability to obtain targeting data, often by paying huge sums of cash, from sources within rebel militias.

A former White House adviser on Russian affairs told me that before 9/11 Putin ‘used to say to us: “We have the same nightmares about different places.” He was referring to his problems with the caliphate in Chechnya and our early issues with al-Qaida. These days, after the Metrojet bombing over Sinai and the massacres in Paris and elsewhere, it’s hard to avoid the conclusion that we actually have the same nightmares about the same places.’

Yet the Obama administration continues to condemn Russia for its support of Assad. A retired senior diplomat who served at the US embassy in Moscow expressed sympathy for Obama’s dilemma as the leader of the Western coalition opposed to Russia’s aggression against Ukraine: ‘Ukraine is a serious issue and Obama has been handling it firmly with sanctions. But our policy vis-à-vis Russia is too often unfocused. But it’s not about us in Syria. It’s about making sure Bashar does not lose. The reality is that Putin does not want to see the chaos in Syria spread to Jordan or Lebanon, as it has to Iraq, and he does not want to see Syria end up in the hands of Isis. The most counterproductive thing Obama has done, and it has hurt our efforts to end the fighting a lot, was to say: “Assad must go as a premise for negotiation.”’ He also echoed a view held by some in the Pentagon when he alluded to a collateral factor behind Russia’s decision to launch airstrikes in support of the Syrian army on 30 September: Putin’s desire to prevent Assad from suffering the same fate as Gaddafi. He had been told that Putin had watched a video of Gaddafi’s savage death three times, a video that shows him being sodomised with a bayonet. The JCS adviser also told me of a US intelligence assessment which concluded that Putin had been appalled by Gaddafi’s fate: ‘Putin blamed himself for letting Gaddafi go, for not playing a strong role behind the scenes’ at the UN when the Western coalition was lobbying to be allowed to undertake the airstrikes that destroyed the regime. ‘Putin believed that unless he got engaged Bashar would suffer the same fate – mutilated – and he’d see the destruction of his allies in Syria.’

In a speech on 22 November, Obama declared that the ‘principal targets’ of the Russian airstrikes ‘have been the moderate opposition’. It’s a line that the administration – along with most of the mainstream American media – has rarely strayed from. The Russians insist that they are targeting all rebel groups that threaten Syria’s stability – including Islamic State. The Kremlin adviser on the Middle East explained in an interview that the first round of Russian airstrikes was aimed at bolstering security around a Russian airbase in Latakia, an Alawite stronghold. The strategic goal, he said, has been to establish a jihadist-free corridor from Damascus to Latakia and the Russian naval base at Tartus and then to shift the focus of bombing gradually to the south and east, with a greater concentration of bombing missions over IS-held territory. Russian strikes on IS targets in and near Raqqa were reported as early as the beginning of October; in November there were further strikes on IS positions near the historic city of Palmyra and in Idlib province, a bitterly contested stronghold on the Turkish border.

Russian incursions into Turkish airspace began soon after Putin authorised the bombings, and the Russian air force deployed electronic jamming systems that interfered with Turkish radar. The message being sent to the Turkish air force, the JCS adviser said, was: ‘We’re going to fly our fighter planes where we want and when we want and jam your radar. Do not fuck with us. Putin was letting the Turks know what they were up against.’ Russia’s aggression led to Turkish complaints and Russian denials, along with more aggressive border patrolling by the Turkish air force. There were no significant incidents until 24 November, when two Turkish F-16 fighters, apparently acting under more aggressive rules of engagement, shot down a Russian Su-24M jet that had crossed into Turkish airspace for no more than 17 seconds. In the days after the fighter was shot down, Obama expressed support for Erdo?an, and after they met in private on 1 December he told a press conference that his administration remained ‘very much committed to Turkey’s security and its sovereignty’. He said that as long as Russia remained allied with Assad, ‘a lot of Russian resources are still going to be targeted at opposition groups … that we support … So I don’t think we should be under any illusions that somehow Russia starts hitting only Isil targets. That’s not happening now. It was never happening. It’s not going to be happening in the next several weeks.’

The Kremlin adviser on the Middle East, like the Joint Chiefs and the DIA, dismisses the ‘moderates’ who have Obama’s support, seeing them as extremist Islamist groups that fight alongside Jabhat al-Nusra and IS (‘There’s no need to play with words and split terrorists into moderate and not moderate,’ Putin said in a speech on 22 October). The American generals see them as exhausted militias that have been forced to make an accommodation with Jabhat al-Nusra or IS in order to survive. At the end of 2014, Jürgen Todenhöfer, a German journalist who was allowed to spend ten days touring IS-held territory in Iraq and Syria, told CNN that the IS leadership ‘are all laughing about the Free Syrian Army. They don’t take them for serious. They say: “The best arms sellers we have are the FSA. If they get a good weapon, they sell it to us.” They didn’t take them for serious. They take for serious Assad. They take for serious, of course, the bombs. But they fear nothing, and FSA doesn’t play a role.’

Putin’s bombing campaign provoked a series of anti-Russia articles in the American press. On 25 October, the New York Times reported, citing Obama administration officials, that Russian submarines and spy ships were ‘aggressively’ operating near the undersea cables that carry much of the world’s internet traffic – although, as the article went on to acknowledge, there was ‘no evidence yet’ of any Russian attempt actually to interfere with that traffic. Ten days earlier the Times published a summary of Russian intrusions into its former Soviet satellite republics, and described the Russian bombing in Syria as being ‘in some respects a return to the ambitious military moves of the Soviet past’. The report did not note that the Assad administration had invited Russia to intervene, nor did it mention the US bombing raids inside Syria that had been underway since the previous September, without Syria’s approval. An October op-ed in the same paper by Michael McFaul, Obama’s ambassador to Russia between 2012 and 2014, declared that the Russian air campaign was attacking ‘everyone except the Islamic State’. The anti-Russia stories did not abate after the Metrojet disaster, for which Islamic State claimed credit. Few in the US government and media questioned why IS would target a Russian airliner, along with its 224 passengers and crew, if Moscow’s air force was attacking only the Syrian ‘moderates’.

Economic sanctions, meanwhile, are still in effect against Russia for what a large number of Americans consider Putin’s war crimes in Ukraine, as are US Treasury Department sanctions against Syria and against those Americans who do business there. The New York Times, in a report on sanctions in late November, revived an old and groundless assertion, saying that the Treasury’s actions ‘emphasise an argument that the administration has increasingly been making about Mr Assad as it seeks to press Russia to abandon its backing for him: that although he professes to be at war with Islamist terrorists, he has a symbiotic relationship with the Islamic State that has allowed it to thrive while he has clung to power.’

The four core elements of Obama’s Syria policy remain intact today: an insistence that Assad must go; that no anti-IS coalition with Russia is possible; that Turkey is a steadfast ally in the war against terrorism; and that there really are significant moderate opposition forces for the US to support. The Paris attacks on 13 November that killed 130 people did not change the White House’s public stance, although many European leaders, including François Hollande, advocated greater co-operation with Russia and agreed to co-ordinate more closely with its air force; there was also talk of the need to be more flexible about the timing of Assad’s exit from power. On 24 November, Hollande flew to Washington to discuss how France and the US could collaborate more closely in the fight against Islamic State. At a joint press conference at the White House, Obama said he and Hollande had agreed that ‘Russia’s strikes against the moderate opposition only bolster the Assad regime, whose brutality has helped to fuel the rise’ of IS. Hollande didn’t go that far but he said that the diplomatic process in Vienna would ‘lead to Bashar al-Assad’s departure … a government of unity is required.’ The press conference failed to deal with the far more urgent impasse between the two men on the matter of Erdo?an. Obama defended Turkey’s right to defend its borders; Hollande said it was ‘a matter of urgency’ for Turkey to take action against terrorists. The JCS adviser told me that one of Hollande’s main goals in flying to Washington had been to try to persuade Obama to join the EU in a mutual declaration of war against Islamic State. Obama said no. The Europeans had pointedly not gone to Nato, to which Turkey belongs, for such a declaration. ‘Turkey is the problem,’ the JCS adviser said.

Assad, naturally, doesn’t accept that a group of foreign leaders should be deciding on his future. Imad Moustapha, now Syria’s ambassador to China, was dean of the IT faculty at the University of Damascus, and a close aide of Assad’s, when he was appointed in 2004 as the Syrian ambassador to the US, a post he held for seven years. Moustapha is known still to be close to Assad, and can be trusted to reflect what he thinks. He told me that for Assad to surrender power would mean capitulating to ‘armed terrorist groups’ and that ministers in a national unity government – such as was being proposed by the Europeans – would be seen to be beholden to the foreign powers that appointed them. These powers could remind the new president ‘that they could easily replace him as they did before to the predecessor … Assad owes it to his people: he could not leave because the historic enemies of Syria are demanding his departure.’

Moustapha also brought up China, an ally of Assad that has allegedly committed more than $30 billion to postwar reconstruction in Syria. China, too, is worried about Islamic State. ‘China regards the Syrian crisis from three perspectives,’ he said: international law and legitimacy; global strategic positioning; and the activities of jihadist Uighurs, from Xinjiang province in China’s far west. Xinjiang borders eight nations – Mongolia, Russia, Kazakhstan, Kyrgyzstan, Tajikistan, Afghanistan, Pakistan and India – and, in China’s view, serves as a funnel for terrorism around the world and within China. Many Uighur fighters now in Syria are known to be members of the East Turkestan Islamic Movement – an often violent separatist organisation that seeks to establish an Islamist Uighur state in Xinjiang. ‘The fact that they have been aided by Turkish intelligence to move from China into Syria through Turkey has caused a tremendous amount of tension between the Chinese and Turkish intelligence,’ Moustapha said. ‘China is concerned that the Turkish role of supporting the Uighur fighters in Syria may be extended in the future to support Turkey’s agenda in Xinjiang. We are already providing the Chinese intelligence service with information regarding these terrorists and the routes they crossed from on travelling into Syria.’

Moustapha’s concerns were echoed by a Washington foreign affairs analyst who has closely followed the passage of jihadists through Turkey and into Syria. The analyst, whose views are routinely sought by senior government officials, told me that ‘Erdo?an has been bringing Uighurs into Syria by special transport while his government has been agitating in favour of their struggle in China. Uighur and Burmese Muslim terrorists who escape into Thailand somehow get Turkish passports and are then flown to Turkey for transit into Syria.’ He added that there was also what amounted to another ‘rat line’ that was funnelling Uighurs – estimates range from a few hundred to many thousands over the years – from China into Kazakhstan for eventual relay to Turkey, and then to IS territory in Syria. ‘US intelligence,’ he said, ‘is not getting good information about these activities because those insiders who are unhappy with the policy are not talking to them.’ He also said it was ‘not clear’ that the officials responsible for Syrian policy in the State Department and White House ‘get it’. IHS-Jane’s Defence Weekly estimated in October that as many as five thousand Uighur would-be fighters have arrived in Turkey since 2013, with perhaps two thousand moving on to Syria. Moustapha said he has information that ‘up to 860 Uighur fighters are currently in Syria.’

China’s growing concern about the Uighur problem and its link to Syria and Islamic State have preoccupied Christina Lin, a scholar who dealt with Chinese issues a decade ago while serving in the Pentagon under Donald Rumsfeld. ‘I grew up in Taiwan and came to the Pentagon as a critic of China,’ Lin told me. ‘I used to demonise the Chinese as ideologues, and they are not perfect. But over the years as I see them opening up and evolving, I have begun to change my perspective. I see China as a potential partner for various global challenges especially in the Middle East. There are many places – Syria for one – where the United States and China must co-operate in regional security and counterterrorism.’ A few weeks earlier, she said, China and India, Cold War enemies that ‘hated each other more than China and the United States hated each other, conducted a series of joint counterterrorism exercises. And today China and Russia both want to co-operate on terrorism issues with the United States.’ As China sees it, Lin suggests, Uighur militants who have made their way to Syria are being trained by Islamic State in survival techniques intended to aid them on covert return trips to the Chinese mainland, for future terrorist attacks there. ‘If Assad fails,’ Lin wrote in a paper published in September, ‘jihadi fighters from Russia’s Chechnya, China’s Xinjiang and India’s Kashmir will then turn their eyes towards the home front to continue jihad, supported by a new and well-sourced Syrian operating base in the heart of the Middle East.’

General Dempsey and his colleagues on the Joint Chiefs of Staff kept their dissent out of bureaucratic channels, and survived in office. General Michael Flynn did not. ‘Flynn incurred the wrath of the White House by insisting on telling the truth about Syria,’ said Patrick Lang, a retired army colonel who served for nearly a decade as the chief Middle East civilian intelligence officer for the DIA. ‘He thought truth was the best thing and they shoved him out. He wouldn’t shut up.’ Flynn told me his problems went beyond Syria. ‘I was shaking things up at the DIA – and not just moving deckchairs on the Titanic. It was radical reform. I felt that the civilian leadership did not want to hear the truth. I suffered for it, but I’m OK with that.’ In a recent interview in Der Spiegel, Flynn was blunt about Russia’s entry into the Syrian war: ‘We have to work constructively with Russia. Whether we like it or not, Russia made a decision to be there and to act militarily. They are there, and this has dramatically changed the dynamic. So you can’t say Russia is bad; they have to go home. It’s not going to happen. Get real.’

Few in the US Congress share this view. One exception is Tulsi Gabbard, a Democrat from Hawaii and member of the House Armed Services Committee who, as a major in the Army National Guard, served two tours in the Middle East. In an interview on CNN in October she said: ‘The US and the CIA should stop this illegal and counterproductive war to overthrow the Syrian government of Assad and should stay focused on fighting against … the Islamic extremist groups.’

‘Does it not concern you,’ the interviewer asked, ‘that Assad’s regime has been brutal, killing at least 200,000 and maybe 300,000 of his own people?’

‘The things that are being said about Assad right now,’ Gabbard responded, ‘are the same that were said about Gaddafi, they are the same things that were said about Saddam Hussein by those who were advocating for the US to … overthrow those regimes … If it happens here in Syria … we will end up in a situation with far greater suffering, with far greater persecution of religious minorities and Christians in Syria, and our enemy will be far stronger.’

‘So what you are saying,’ the interviewer asked, ‘is that the Russian military involvement in the air and on-the-ground Iranian involvement – they are actually doing the US a favour?’

‘They are working toward defeating our common enemy,’ Gabbard replied.

Gabbard later told me that many of her colleagues in Congress, Democrats and Republicans, have thanked her privately for speaking out. ‘There are a lot of people in the general public, and even in the Congress, who need to have things clearly explained to them,’ Gabbard said. ‘But it’s hard when there’s so much deception about what is going on. The truth is not out.’ It’s unusual for a politician to challenge her party’s foreign policy directly and on the record. For someone on the inside, with access to the most secret intelligence, speaking openly and critically can be a career-ender. Informed dissent can be transmitted by means of a trust relationship between a reporter and those on the inside, but it almost invariably includes no signature. The dissent exists, however. The longtime consultant to the Joint Special Operations Command could not hide his contempt when I asked him for his view of the US’s Syria policy. ‘The solution in Syria is right before our nose,’ he said. ‘Our primary threat is Isis and all of us – the United States, Russia and China – need to work together. Bashar will remain in office and, after the country is stabilised there will be an election. There is no other option.’

The military’s indirect pathway to Assad disappeared with Dempsey’s retirement in September. His replacement as chairman of the Joint Chiefs, General Joseph Dunford, testified before the Senate Armed Services Committee in July, two months before assuming office. ‘If you want to talk about a nation that could pose an existential threat to the United States, I’d have to point to Russia,’ Dunford said. ‘If you look at their behaviour, it’s nothing short of alarming.’ In October, as chairman, Dunford dismissed the Russian bombing efforts in Syria, telling the same committee that Russia ‘is not fighting’ IS. He added that America must ‘work with Turkish partners to secure the northern border of Syria’ and ‘do all we can to enable vetted Syrian opposition forces’ – i.e. the ‘moderates’ – to fight the extremists.

Obama now has a more compliant Pentagon. There will be no more indirect challenges from the military leadership to his policy of disdain for Assad and support for Erdo?an. Dempsey and his associates remain mystified by Obama’s continued public defence of Erdo?an, given the American intelligence community’s strong case against him – and the evidence that Obama, in private, accepts that case. ‘We know what you’re doing with the radicals in Syria,’ the president told Erdo?an’s intelligence chief at a tense meeting at the White House (as I reported in the LRB of 17 April 2014). The Joint Chiefs and the DIA were constantly telling Washington’s leadership of the jihadist threat in Syria, and of Turkey’s support for it. The message was never listened to. Why not?

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Martin Shkreli: Of Rotten Apples and Rotten Systems Print
Wednesday, 23 December 2015 09:32

Reich writes: "Martin Shkreli, the former hedge-fund manager turned pharmaceutical CEO who was arrested last week, has been described as a sociopath and worse. In reality, he's a brasher and larger version of what others in finance and corporate suites do all the time."

Robert Reich. (photo: Perian Flaherty)
Robert Reich. (photo: Perian Flaherty)


Martin Shkreli: Of Rotten Apples and Rotten Systems

By Robert Reich, Robert Reich's Blog

23 December 15

 

artin Shkreli, the former hedge-fund manager turned pharmaceutical CEO who was arrested last week, has been described as a sociopath and worse.

In reality, he’s a brasher and larger version of what others in finance and corporate suites do all the time.

Federal prosecutors are charging him with conning wealthy investors.

Lying to investors is illegal, of course, but it’s perfectly normal to use hype to lure rich investors into hedge funds. And the line between the two isn’t always distinct.

Hedge funds are lightly regulated on the assumption that investors are sophisticated and can take care of themselves.

Perhaps prosecutors went after Shkreli because they couldn’t nail him for his escapades as a pharmaceutical executive, which were completely legal – although vile.

Shkreli took over a company with the rights to a 62-year-old drug used to treat toxoplasmosis, a devastating parasitic infection that can cause brain damage in babies and people with AIDS. He then promptly raised its price from $13.50 to $750 a pill.

When the media and politicians went after him, Shkreli was defiant, saying “our shareholders expect us to make as much as money as possible.” He said he wished he had raised the price even higher.

That was too much even for the Pharmaceutical Research and Manufacturers of America, Big Pharma’s trade group, which complained indignantly that Shkreli’s company was just an investment vehicle “masquerading” as a pharmaceutical company.

Maybe Big Pharma doesn’t want to admit most pharmaceutical companies have become investment vehicles. If they didn’t deliver for their investors they’d be taken over by “activist” investors and private-equity partners who would.

The hypocrisy is stunning. Just three years ago, Forbes Magazine praised Shkreli as one of its “30 under 30 in Finance” who was “battling billionaires and entrenched drug industry executives.”

Last month, Shkreli got control of a company with rights to a cheap drug used for decades to treat Chagas’ disease in Latin America. His aim was to get the drug approved in the United States and charge tens of thousands of dollars for a course of treatment.

Investors who backed Shkreli in this venture did well. The company’s share price initially shot up from under $2 to more than $40.

While other pharmaceutical companies don’t raise their drug prices fiftyfold in one fell swoop, as did Shkreli, they would if they thought it would lead to fat profits.

Most have been increasing their prices more than 10 percent a year – still far faster than inflation – on drugs used on common diseases like cancer, high cholesterol, and diabetes.

This has imposed a far bigger burden on health spending than Shkreli’s escapades, making it much harder for Americans to pay for drugs they need. Even if they’re insured, most people are paying out big sums in co-payments and deductibles.

Not to mention the impact on private insurers, Medicare, state Medicaid, prisons and the Veterans Health Administration.

And the prices of new drugs are sky-high. Pfizer’s new one to treat advanced breast cancer costs $9,850 a month.

According to an analysis by the Wall Street Journal, that price isn’t based on manufacturing or research costs.

Instead, Pfizer set the price as high as possible without pushing doctors and insurers toward alternative drugs.

But don’t all profit-maximizing firms set prices as high as they can without pushing customers toward alternatives?

Unlike most other countries, the United States doesn’t control drug prices. It leaves pricing up to the market.

Which enables drug companies to charge as much as the market will bear.

So what, exactly, did Martin Shkreli do wrong, by the standards of today’s capitalism?

He played the same game many others are playing on Wall Street and in corporate suites. He was just more audacious about it.

It’s easy to go after bad guys, much harder to go after bad systems.

Hedge fund managers, for example, make big gains from trading on insider information. That robs small investors who aren’t privy to the information.

But it’s not illegal unless a trader knows the leaker was compensated – a looser standard than in any other advanced country.

Meanwhile, the pharmaceutical industry is making a fortune off average Americans, who are paying more for the drugs they need than the citizens of any other advanced country.

That’s largely because Big Pharma has wielded its political influence to avoid cost controls, to ban Medicare from using its bargaining clout to negotiate lower prices, and to allow drug companies to pay the makers of generic drugs to delay their cheaper versions.

Shkreli may be a rotten apple. But hedge funds and the pharmaceutical industry are two rotten systems that are costing Americans a bundle.

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Welcome to Cop Land: The Logic of the Police State Print
Wednesday, 23 December 2015 09:28

Harwood writes: "If you've been listening to various police agencies and their supporters, then you know what the future holds: anarchy is coming -- and it's all the fault of activists. Beyond the storm of commentary and criticism, however, quite a different reality presents itself."

Civil asset forfeiture: Policing for profit? (photo: The Chronicle)
Civil asset forfeiture: Policing for profit? (photo: The Chronicle)


Welcome to Cop Land: The Logic of the Police State

By Matthew Harwood, TomDispatch

23 December 15

 

ometime in late November, after the Paris terror attacks but before the one in San Bernardino, I was walking to New York’s Grand Central Station to catch the subway home. In front of one of its main entrances, the police had set up shop, blocking off part of an avenue. The crew I stumbled upon may, in fact, have been part of the new counterterrorism unit that the New York Police Department had just rolled out. Whatever the case, the cops were up-armored in a purely military fashion (even if their togs were fashionably black and blue) and carrying weaponry the likes of which I had never seen before on the streets of my hometown. Amid flashing lights, they stood there with dogs on leashes looking not like “the police” but figures from some dystopian, futuristic sci-fi flick. Nothing in particular seemed to be happening so, after a few minutes, I entered the vast terminal, passing scattered pistol-packing soldiers in camo, evidently guarding the just-before-rush-hour crowds. It was certainly a spectacle, but also just part of the new American normal.

So consider what I’m about to mention less than newsworthy amid all the reports on the militarization of the country’s police and their brutal behavior. And yet it’s the sort of tiny news story that once upon a time would have been striking. Now, few will even notice. Policing headlines these days, after all, gravitate to graphic videos of cold-blooded police killings in places like Los AngelesSan Francisco, and Chicago. (There were 70 fatal shootings by the Chicago Police Department alone between 2010 and 2014. As Margaret Talbot pointed out in the New Yorker, only Phoenix, Philadelphia, and Dallas “had a higher number per capita.”)

When it comes to the arming of the police in a country in which rural sheriffs proudly sport battlefield-grade mine-resistant ambush protected vehicles, or MRAPs, and new militarized urban police units like that one in New York City are being outfitted with Colt M4 semiautomatic assault rifles and machine guns, a report that 20 campus cops at Boston’s Northeastern University are going to be armed with semiautomatic rifles qualifies as distinctly ho-hum news. Or thought of another way, it catches the everyday reality of a country whose police have been up-arming with a kind of passion since 9/11. I can, of course, remember the unarmed campus cops of my own college days and, believe me, we’ve traveled a long road from policing “panty raids” to facing on-campus mass shootings in a country now so over-weaponized that it seems as if both the police and the citizenry are in an undeclared arms race.

In these years, the militarization of the police has taken place amid a striking upsurge of protest over police brutality, abuses, and in particular the endless killing of young black men, as well as a parallel growth in both the powers of and the protections afforded to police officers. As TomDispatch regular Matthew Harwood, who has been covering the militarization of the police for this site, reports today, all of this could easily add up to the building blocks for a developing police-state frame of mind. If you’ve been watching the national news dominated by panic and hysteria over domestic terrorism, including the shutting down of a major urban school system over an outlandish hoax threat of a terror attack, or the recent Republican debate over “national security,” which turned out to mean only “ISIS” and immigration, can there be any question that the way is being paved for institutionalizing a new kind of policing in this country in the name of American security and fear?

The Logic of the Police State

People Are Waking Up to the Darkness in American Policing, and the Police Don’t Like It One Bit

If you’ve been listening to various police agencies and their supporters, then you know what the future holds: anarchy is coming -- and it’s all the fault of activists.

In May, a Wall Street Journal op-ed warned of a “new nationwide crime wave” thanks to “intense agitation against American police departments” over the previous year. New Jersey Governor Chris Christie went further. Talking recently with the host of CBS’s Face the Nation, the Republican presidential hopeful asserted that the Black Lives Matter movement wasn’t about reform but something far more sinister. “They’ve been chanting in the streets for the murder of police officers,” he insisted. Even the nation’s top cop, FBI Director James Comey, weighed in at the University of Chicago Law School, speaking of “a chill wind that has blown through American law enforcement over the last year.”

According to these figures and others like them, lawlessness has been sweeping the nation as the so-called Ferguson effect spreads. Criminals have been emboldened as police officers are forced to think twice about doing their jobs for fear of the infamy of starring in the next viral video. The police have supposedly become the targets of assassins intoxicated by “anti-cop rhetoric,” just as departments are being stripped of the kind of high-powered equipment they need to protect officers and communities.  Even their funding streams have, it’s claimed, come under attack as anti-cop bias has infected Washington, D.C.  Senator Ted Cruz caught the spirit of that critique by convening a Senate subcommittee hearing to which he gave the title, “The War on Police: How the Federal Government Undermines State and Local Law Enforcement.” According to him, the federal government, including the president and attorney general, has been vilifying the police, who are now being treated as if they, not the criminals, were the enemy.

Beyond the storm of commentary and criticism, however, quite a different reality presents itself. In the simplest terms, there is no war on the police. Violent attacks against police officers remain at historic lows, even though approximately 1,000 people have been killed by the police this year nationwide. In just the past few weeks, videos have been released of problematic fatal police shootings in San Francisco and Chicago.

While it’s too soon to tell whether there has been an uptick in violent crime in the post-Ferguson period, no evidence connects any possible increase to the phenomenon of police violence being exposed to the nation. What is taking place and what the police and their supporters are largely reacting to is a modest push for sensible law enforcement reforms from groups as diverse as Campaign Zero, Koch Industries, the Cato Institute, The Leadership Conference, and the ACLU (my employer). Unfortunately, as the rhetoric ratchets up, many police agencies and organizations are increasingly resistant to any reforms, forgetting whom they serve and ignoring constitutional limits on what they can do.

Indeed, a closer look at law enforcement arguments against commonsense reforms like independently investigating police violence, demilitarizing police forces, or ending “for-profit policing” reveals a striking disregard for concerns of just about any sort when it comes to brutality and abuse. What this “debate” has revealed, in fact, is a mainstream policing mindset ready to manufacture fear without evidence and promote the belief that American civil rights and liberties are actually an impediment to public safety. In the end, such law enforcement arguments subvert the very idea that the police are there to serve the community and should be under civilian control.

And that, when you come right down to it, is the logic of the police state.  

Due Process Plus

It’s no mystery why so few police officers are investigated and prosecuted for using excessive force and violating someone’s rights. “Local prosecutors rely on local police departments to gather the evidence and testimony they need to successfully prosecute criminals,” according to Campaign Zero . “This makes it hard for them to investigate and prosecute the same police officers in cases of police violence.”

Since 2005, according to an analysis by the Washington Post and Bowling Green State University, only 54 officers have been prosecuted nationwide, despite the thousands of fatal shootings by police. As Philip M. Stinson, a criminologist at Bowling Green, puts it, “To charge an officer in a fatal shooting, it takes something so egregious, so over the top that it cannot be explained in any rational way. It also has to be a case that prosecutors are willing to hang their reputation on.”

For many in law enforcement, however, none of this should concern any of us. When New York Governor Andrew Cuomo signed an executive order appointing a special prosecutor to investigate police killings, for instance, Patrick Lynch, president of the Patrolmen’s Benevolent Association, insisted: “Given the many levels of oversight that already exist, both internally in the NYPD [New York Police Department] and externally in many forms, the appointment of a special prosecutor is unnecessary.” Even before Cuomo’s decision, the chairman of New York’s District Attorneys Association called plans to appoint a special prosecutor for police killings “deeply insulting.”

Such pushback against the very idea of independently investigating police actions has, post-Ferguson, become everyday fare, and some law enforcement leaders have staked out a position significantly beyond that.  The police, they clearly believe, should get special treatment.

“By virtue of our dangerous vocation, we should expect to receive the benefit of the doubt in controversial incidents,” wrote Ed Mullins, the president of New York City’s Sergeants Benevolent Association, in the organization’s magazine, Frontline. As if to drive home the point, its cover depicts Baltimore State Attorney Marilyn Mosby under the ominous headline “The Wolf That Lurks.” In May, Mosby had announced indictments of six officers in the case of Freddie Gray, who died in Baltimore police custody the previous month. The message being sent to a prosecutor willing to indict cops was hardly subtle: you’re a traitor.

Mullins put forward a legal standard for officers accused of wrongdoing that he would never support for the average citizen -- and in a situation in which cops already get what former federal prosecutor Laurie Levenson calls “a super presumption of innocence."  In addition, police unions in many states have aggressively pushed for their own bills of rights, which make it nearly impossible for police officers to be fired, much less charged with crimes when they violate an individual’s civil rights and liberties.

In 14 states, versions of a Law Enforcement Officers’ Bill of Rights (LEOBR) have already been passed, while in 11 others they are under consideration.  These provide an “extra layer of due process” in cases of alleged police misconduct, according to Samuel Walker, an expert on police accountability. In many of the states without a LEOBR, the Marshall Project has discovered, police unions have directly negotiated the same rights and privileges with state governments.

LEOBRs are, in fact, amazingly un-American documents in the protections they afford officers accused of misconduct during internal investigations, rights that those officers are never required to extend to their suspects. Though the specific language of these laws varies from state to state, notes Mike Riggs in Reason, they are remarkably similar in their special considerations for the police.

“Unlike a member of the public, the officer gets a ‘cooling off’ period before he has to respond to any questions. Unlike a member of the public, the officer under investigation is privy to the names of his complainants and their testimony against him before he is ever interrogated. Unlike a member of the public, the officer under investigation is to be interrogated ‘at a reasonable hour,’ with a union member present. Unlike a member of the public, the officer can only be questioned by one person during his interrogation. Unlike a member of the public, the officer can be interrogated only ‘for reasonable periods,’ which ‘shall be timed to allow for such personal necessities and rest periods as are reasonably necessary.’ Unlike a member of the public, the officer under investigation cannot be ‘threatened with disciplinary action’ at any point during his interrogation. If he is threatened with punishment, whatever he says following the threat cannot be used against him.”

The Marshall Project refers to these laws as the “Blue Shield” and “the original Bill of Rights with an upgrade.’’ Police associations, naturally, don’t agree. "All this does is provide a very basic level of constitutional protections for our officers, so that they can make statements that will stand up later in court," says Vince Canales, the president of Maryland's Fraternal Order of Police.

Put another way, there are two kinds of due process in America -- one for cops and another for the rest of us. This is the reason why the Black Lives Matter movement and other civil rights and civil liberties organizations regularly call on states to create a special prosecutor’s office to launch independent investigations when police seriously injure or kill someone.

The Demilitarized Blues

Since Americans first took in those images from Ferguson of police units outfitted like soldiers, riding in military vehicles, and pointing assault rifles at protesters, the militarization of the police and the way the Pentagon has been supplying them with equipment directly off this country’s distant battlefields have been top concerns for police reformers. In May, the Obama administration suggested modest changes to the Pentagon’s 1033 program, which, since 1990, has been redistributing weaponry and equipment to police departments nationwide -- urban, suburban, and rural -- in the name of fighting the war on drugs and protecting Americans from terrorism.  

Even the idea that the police shouldn’t sport the look of an occupying army in local communities has, however, been met with fierce resistance. Read, for example, the online petition started by the National Sheriffs' Association and you could be excused for thinking that the Obama administration was aggressively moving to stop the flow of military-grade equipment to local and state police agencies. (It isn’t.)  The message that tops the petition is as simple as it is misleading: “Don’t strip law enforcement of the gear they need to keep us safe.”

The Obama administration has done no such thing. In May, the president announced that he was prohibiting certain military-grade equipment from being transferred to state and local law enforcement. “Some equipment made for the battlefield is not appropriate for local police departments,” he said. The list included tracked armored vehicles (essentially tanks), bayonets, grenade launchers, camouflage uniforms, and guns and ammo of .50 caliber or higher. In reality, what use could a local police department have for bayonets, grenade launchers, or the kinds of bullets that resemble small missiles, pierce armor, and can blow people’s limbs off?

Yet the sheriffs' association has no problem complaining that “the White House announced the government would no longer provide equipment like helicopters and MRAPs [mine-resistant ambush-protected vehicles] to local law enforcement.” And it’s not even true. Police departments can still obtain both helicopters and MRAPs if they establish community policing practices, institute training protocols, and get community approval before the equipment transfer occurs. 

“Helicopters rescue runaways and natural disaster victims,” the sheriff’s association adds gravely, “and MRAPs are used to respond to shooters who barricade themselves in neighborhoods and are one of the few vehicles able to navigate hurricane, snowstorm, and tornado-strewn areas to save survivors.”

As with our wars abroad, think mission creep at home. A program started to wage the war on drugs, and strengthened after 9/11, is now being justified on the grounds that certain equipment is useful during disasters or emergencies. In reality, the police have clearly become hooked on a militarized look. Many departments are ever more attached to their weapons of war and evidently don’t mind the appearance of being an occupying force in their communities, which leaves groups like the sheriffs' association fighting fiercely for a militarized future.

Legal Plunder

In July, the American Civil Liberties Union and the ACLU of Arizona sued law enforcement in Pinal County, Arizona, on behalf of Rhonda Cox. Two years before, her son had stolen some truck accessories and, without her knowledge, fitted them on her truck. When the county sheriff’s department arrested him, it also seized the truck.

Arriving on the scene of her son’s arrest, Cox asked a deputy about getting her truck back. No way, he told her. After she protested, explaining that she had nothing to do with her son’s alleged crimes, he responded “too bad.” Under Arizona law, the truck could indeed be taken into custody and kept or sold off by the sheriff’s department even though she was never charged with a crime. It was guilty even if she wasn’t.

Welcome to America’s civil asset forfeiture laws, another product of law enforcement’s failed war on drugs, updated for the twenty-first century. Originally designed to deprive suspected real-life Scarfaces of the spoils of their illicit trade -- houses, cars, boats -- it now regularly deprives people unconnected to the war on drugs of their property without due process of law and in violation of the Fifth and Fourteenth Amendments. Not surprisingly, corruption follows.

Federal and state law enforcement can now often keep property seized or sell it and retain a portion of the revenue generated. Some of this, in turn, can be repurposed and distributed as bonuses in police and other law enforcement departments.  The only way the dispossessed stand a chance of getting such “forfeited” property back is if they are willing to take on the government in a process where the deck is stacked against them.

In such cases, for instance, property owners have no right to an attorney to defend them, which means that they must either pony up additional cash for a lawyer or contest the seizure themselves in court.  “It is an upside-down world where,” says the libertarian Institute for Justice, “the government holds all the cards and has the financial incentive to play them to the hilt.”

In this century, civil asset forfeiture has mutated into what’s now called “for-profit policing” in which police departments and state and federal law enforcement agencies indiscriminately seize the property of citizens who aren’t drug kingpins. Sometimes, for instance, distinctly ordinary citizens suspected of driving drunk or soliciting prostitutes get their cars confiscated. Sometimes they simply get cash taken from them on suspicion of low-level drug dealing.

Like most criminal justice issues, race matters in civil asset forfeiture. This summer, the ACLU of Pennsylvania issued a report, Guilty Property, documenting how the Philadelphia Police Department and district attorney’s office abused state civil asset forfeiture by taking at least $1 million from innocent people within the city limits. Approximately 70% of the time, those people were black, even though the city’s population is almost evenly divided between whites and African-Americans.  

Currently, only one state, New Mexico, has done away with civil asset forfeiture entirely, while also severely restricting state and local law enforcement from profiting off similar national laws when they work with the feds. (The police in Albuquerque are, however, actively defying the new law, demonstrating yet again the way in which police departments believe the rules don’t apply to them.) That no other state has done so is hardly surprising. Police departments have become so reliant on civil asset forfeiture to pad their budgets and acquire “little goodies” that reforming, much less repealing, such laws are a tough sell.

As with militarization, when police defend such policies, you sense their urgent desire to maintain what many of them now clearly think of as police rights. In August, for instance, Pinal County Sheriff Paul Babeu sent a fundraising email to his supporters using the imagined peril of the ACLU lawsuit as clickbait. In justifying civil forfeiture, he failed to mention that a huge portion of the money goes to enrich his own department, but praised the program in this fashion:

"[O]ver the past seven years, the Pinal County Sheriff’s Office has donated $1.2 million of seized criminal money to support youth programs like the Boys & Girls Clubs, Boy Scouts, YMCA, high school graduation night lock-in events, youth sports as well as veterans groups, local food banks, victims assistance programs, and Home of Home in Casa Grande."

Under this logic, police officers can steal from people who haven’t even been charged with a crime as long as they share the wealth with community organizations -- though, in fact, neither in Pinal County or elsewhere is that where most of the confiscated loot appears to go. Think of this as the development of a culture of thievery masquerading as Robin Hood in blue.

Contempt for Civilian Control 

Post-Ferguson developments in policing are essentially a struggle over whether the police deserve special treatment and exceptions from the rules the rest of us must follow. For too long, they have avoided accountability for brutal misconduct, while in this century arming themselves for war on America’s streets and misusing laws to profit off the public trust, largely in secret. The events of the past two years have offered graphic evidence that police culture is dysfunctional and in need of a democratic reformation.

There are, of course, still examples of law enforcement leaders who see the police as part of American society, not exempt from it. But even then, the reformers face stiff resistance from the law enforcement communities they lead. In Minneapolis, for instance, Police Chief Janeé Harteau attempted to have state investigators look into incidents when her officers seriously hurt or killed someone in the line of duty. Police union opposition killed her plan. In Philadelphia, Police Commissioner Charles Ramsey ordered his department to publicly release the names of officers involved in shootings within 72 hours of any incident. The city’s police union promptly challenged his policy, while the Pennsylvania House of Representatives passed a bill in November to stop the release of the names of officers who fire their weapon or use force when on the job unless criminal charges are filed. Not surprisingly, three powerful police unions in the state supported the legislation. 

In the present atmosphere, many in the law enforcement community see the Harteaus and Ramseys of their profession as figures who don’t speak for them, and groups or individuals wanting even the most modest of police reforms as so many police haters. As former New York Police Department Commissioner Howard Safir told Fox News in May, “Similar to athletes on the playing field, sometimes it's difficult to tune out the boos from the no-talents sipping their drinks, sitting comfortably in their seats. It's demoralizing to read about the misguided anti-cop gibberish spewing from those who take their freedoms for granted.”

The disdain in such imagery, increasingly common in the world of policing, is striking. It smacks of a police-state, bunker mentality that sees democratic values and just about any limits on the power of law enforcement as threats. In other words, the Safirs want the public -- particularly in communities of color and poor neighborhoods -- to shut up and do as it’s told when a police officer says so. If the cops give the orders, compliance -- so this line of thinking goes -- isn’t optional, no matter how egregious the misconduct or how sensible the reforms. Obey or else.

The post-Ferguson public clamor demanding better policing continues to get louder, and yet too many police departments have this to say in response: Welcome to Cop Land. We make the rules around here.

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Corporate Charity = Corporate Power Print
Wednesday, 23 December 2015 09:25

Peters writes: "Extreme philanthropy is not the answer to extreme inequality."

Facebook CEO Mark Zuckerberg. (photo: Getty Images)
Facebook CEO Mark Zuckerberg. (photo: Getty Images)


Corporate Charity = Corporate Power

By Cynthia Peters, teleSUR

23 December 15

 

Extreme philanthropy is not the answer to extreme inequality.

friend and I were discussing all the horrible ramifications of the decision of Mark Zuckerberg and his wife to “give away” 99% of their Facebook stock. The money is not even going into a charity, I told him. It’s going into a Limited Liability Corporation (LLC) where it can be used to generate more profit.

“However bad it is,” my friend said, “look for it to be worse.”

So true. How “worse” is it? Allow me to enumerate:

1. Tax breaks upon tax breaks.

Corporations and wealthy people pay significantly less in taxes than they used to. What do they do with all this extra money that they used to pay into the public coffers? Well, for the most part, it just makes them richer, as is evident in the rising income inequality in the United States. In addition, they have more cash on hand to set up foundations, which provide a handy tax shelter for said cash, which again reduces the amount they pay into the public coffers. Mark Zuckerberg, for example, is one of the 10 richest people on the planet, yet by transferring his stock to an LLC and then instructing the LLC to give it away, he avoids paying taxes on his earnings. And the charitable organization he donates it to can keep it or sell it, in neither case paying taxes on any gains, so it is possible for this massive fortune to generate zero taxes.

2. The oligarchy makes itself stronger.

Foundations are not just passive, tax-free places for rich people to park their wealth. People like Zuckerberg have decision-making power over what happens to that wealth. Previously, when the wealthy paid a fairer share into public coffers, the public played a role in deciding how it should be spent. This was obviously far from perfect, as we have a low-functioning democracy where the wealthy have a grossly disproportionate role in public decisions, but it was something. The unemployment marches of the 1930s, the civil rights movement of the 1960s, and the welfare rights movement of the 1970s were examples of the public putting pressure on the government to allocate resources in response to the needs of the public.

Now there is an ever-shrinking pie for us to mobilize over. Even the corporate media is concerned about what this says about our democracy. “Instead of lavishing praise on Mr. Zuckerberg for having issued a news release with a promise,” wrote Jesse Eisinger in the New York Times, “this should be an occasion to mull what kind of society we want to live in. Who should fund our general societal needs and how?”

3. Democracy takes a hit.

The government has always used the social safety net to regulate the lives of poor people, people of color, and women. In our current welfare program, for example, Temporary Assistance for Needy Families (TANF), “the provision of actual income assistance has been overshadowed by the imposition of rules and services to regulate poor mothers’ lives,” according to Felicia Kornbluh and Gwendolyn Mink. Government assistance, it turns out, can be a thinly disguised way to force poor people to accept low-wage work, forego education, and get married or stay married. As controlling as this may be, there is at least a sense that these decisions are a matter of public policy and can be (and have been) contested in that arena by social movements, with varying degrees of success depending on the strength of the movement. Transfer this decision-making power to the super-wealthy oligarchs, and we find ourselves gushing about their “generosity” – their funding of a hospital wing, their gift to a law school, their decision to eradicate malaria – rather than noticing that these are things we should all be deciding via thorough and open debate and a transparent and accessible decision-making process.

4. A public relations bonanza for capitalism.

As extreme wealth inequality grows, now we have extreme philanthropy. The Economist calls it the “upside of a worryingly unequal distribution of wealth.” As if rich people deciding how to dole out resources makes up for the fact that they control so many resources. And control resources, they do. The wealthiest 3 percent of families in the U.S. own more than twice as much as the bottom 90 percent combined. Even more shocking: the U.S. is home to one tenth of the world’s poorest people, according to the recently released Global Wealth Databoook 2015. “That seems impossible,” says Paul Buchheit on Inequality.org. “It requires a second look at the data, and then a third look. But it’s true. In the world’s poorest decile (bottom 10 percent), 1 out of 10 are Americans… Incredibly, then, nearly 50 million of America’s 243 million adults are part of the world’s poorest 10 percent.”

Guess what? At a certain point, it’s possible to be so rich that you can’t even buy anymore private jets or yachts or tropical islands. If the rich person who hits this point starts to give some of it away, this isn’t exactly deserving of praise. This is the moment where we ask: how have we let it get this bad? What is happening in our society that one person even has $45 billion to “give away,” and meanwhile 50 million Americans have nothing to get them through the day? Zuckerberg’s decision to dole out his money to projects that he deems worthy and use it to fund political ads and advocate for policies that help maintain the status quo so that he can keep on being wealthy, doesn’t make Zuckerberg the warm and fuzzy face of capitalism (although plenty of the corporate media would like to pitch it this way).

Quite the contrary. Both his extreme wealth and his extreme philanthropy exemplify the ways that capitalism can continually transfer wealth to the already wealthy, along with an ever-increasing supply of decision-making power – masked as altruism.

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Guns Don't Kill People - Americans Kill People Print
Tuesday, 22 December 2015 15:17

Moore writes: "With the recent spate of mass shootings - at the community college in Oregon, the Planned Parenthood in Colorado and the county building in San Bernardino - the debate has begun anew, like it has ever since the tragedy at Columbine High School in 1999: do we need stricter gun laws, and do we need to decrease the violence we show in the movies and on TV, as a way to help prevent these tragedies?"

Michael Moore. (photo: Miramax Films)
Michael Moore. (photo: Miramax Films)


Guns Don't Kill People - Americans Kill People

By Michael Moore, The Hollywood Reporter

22 December 15

 

The 'Where to Invade Next' filmmaker argues that even if the U.S. banned guns, its lack of a social safety net would still turn many toward violence: "We just need to modify [the NRA's slogan] to, 'Guns don’t kill people — Americans kill people.'"

hen Hamlet debuted on the stage of the Globe Theater in May of 1600, a funny thing happened — no one went home and killed their uncle. In fact, in the weeks and months afterward, there was no rash of uncle killings throughout London. The same thing had happened over two thousand years earlier — after the debut of Oedipus Rex, thousands of Greeks (as far as we can tell) did not go home and have sex with their mothers.

With the recent spate of mass shootings — at the community college in Oregon, the Planned Parenthood in Colorado and the county building in San Bernardino — the debate has begun anew, like it has ever since the tragedy at Columbine High School in 1999: do we need stricter gun laws, and do we need to decrease the violence we show in the movies and on TV, as a way to help prevent these tragedies?

There is no question that fewer guns will result in fewer gun deaths. This has been proven in every country that has decided to decrease or remove guns from civilian ownership. In the 1980s and '90s, Australia had a series of mass shootings, including an awful one at a school in Port Arthur. The conscience of the country was so moved by that slaughter — that's right, "slaughter," like the slaughter in Colorado Springs, the slaughter in San Bernardino, etc. — that Australia outlawed nearly all guns. Total number of school shootings since that law passed: zero.

Less guns also mean less successful suicides. It should be pointed out that over half of the nearly 30,000 gun deaths each year in this country are from suicide. If you want to make sure you will die by your own hand, using a gun is the tried and true way to accomplish such a task. But many who attempt suicide don't really want to die, and by using pills or even slashing their wrists there's usually a greater that 50% chance that they will live, that someone will save them. There's not much saving going on when there's a bullethole in one's head.

The other pertinent fact regarding gun-related homicides is that more than 60% of murders involve people who know each other — usually it's a domestic situation between spouses, boyfriends/girlfriends or family members. An argument breaks out and somebody "loses it" and goes and grabs the gun. If guns in these heated situations had not been so easily accessible, many deaths would have been avoided.

We will probably never be able to rid ourselves of the more than quarter-billion guns that are in our homes. But any effort to reduce this number would reduce the level of killing.

Unfortunately, even if we had stronger gun laws, we would still have a few thousand gun deaths in this country. That's because we have a problem no law can solve. Canada has strict gun laws, but they also have an estimated five million hunting rifles and shotguns in their homes — and they don't go and shoot each other on a daily basis like we do. In 2013, they had a total of 131 gun murders in a nation of 35 million people. We have nine times their population, but fifty-fives times their gun killings. How can this be?

Which brings us to Hollywood. I don't think I'm making any big revelation here when I point out that the Canadian kids (and adults) are watching the same exact violent movies, playing the same exact violent video games and watching the same exact violent TV shows as their neighbors, the Americans. So why don't their students — other than on the rare, rare occasion — continually walk into their high schools and colleges and start firing away? It's not that the Canadians don't get angry — have you even been to a hockey game? You cannot say that violent Hollywood movies somehow magically affect only American youth, but no one else. The Japanese cannot get enough of blood and gore in movies, ours and their own. Total number of gun murders in Japan in 2012: three.

So what is it about us? It's clear that the NRA is actually half-right in their slogan, "Guns don't kill people, people kill people." We just need to modify that to: "Guns don't kill people — Americans kill people."

It's not the movies or the video games or the gruesome crime scene photos on CSI that drive us Americans to kill each other. It's fear. Why would one want to own a gun in the first place? Well, fear of being robbed or assaulted or killed. Wanting to protect yourself or your family. You know, "just in case."

But in case of what? Remember, the statistics show that the most dangerous threat to you is sitting over there on the couch right now. We have nearly 123 million homes in the US. There are only about 600 home invasions here each year that result in a gun-related death. And in nearly half of those incidents, the deceased was killed by the gun that was in the house to protect... the deceased!

It's the fear of getting killed that is getting a lot of us killed. But it's also other fears that are winding us up and making a few of us go crazy enough to take off on a shooting rampage. Unlike in other civilized countries where people take care of each other — with free health care, generous compensation for the unemployed, free or nearly-free college education, strict laws on credit card debt and junk mortgages, serious help and treatment for the mentally ill, aid for aging and infirm people and the list goes on and on. From Ireland to Italy to Norway, from New Zealand to South Korea to Morocco, governments all over the world have discovered that the real way to reduce violence is to simply take care of each other.

What separates us from everyone else is the way we force the members of our society to live in a constant state of fear: fear of going broke, fear of losing your job, fear of getting sick, fear of getting old and being without. We know that there's no safety net for us here in the USA. We are the "pull yourself up by your bootstraps" nation, the "you take care of yours and I'll take care of mine" and the "your problems are not my problems" society. Most of us find a way to cope with all of this. We suck it up and take the ulcer for the team. But then there are the few that can't. And with easy access to any kind of gun — and as much ammo as they want — they find a way to act out their frustration and aggression. Not because they saw Kill Bill. But because they live in the home of the brave. That is something we can change.

But first, it will require some of that "bravery."

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