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RSN: Trump Deserves Impeachment. Does US House Have the Integrity? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=20877"><span class="small">William Boardman, Reader Supported News</span></a>   
Friday, 24 May 2019 10:48

Boardman writes: "As it stands now, Trump is forcing the House to choose between impeaching him and caving in to him."

Speaker Nancy Pelosi. (photo: Getty)
Speaker Nancy Pelosi. (photo: Getty)


Trump Deserves Impeachment. Does US House Have the Integrity?

By William Boardman, Reader Supported News

24 May 19

 

“I’m not a crook.”Richard Nixon, February 26, 1973

“I don’t do cover-ups.”Donald Trump, May 21, 2019

he theatrics at the White House on the morning of May 22 were especially surreal as the president who doesn’t do cover-ups stormed (by all accounts) out of a scheduled meeting to discuss national infrastructure and rushed to a pre-arranged press conference in the Rose Garden where he said he wouldn’t work with Democrats on anything until they stop investigating him. Because he doesn’t do cover-ups? Strictly speaking, that’s kind of true. Withholding documents, preventing witnesses from testifying, refusing to testify himself – Trump does all that openly, so it’s not a cover-up so much as a stonewall. Either way, evidence gets withheld. Or as the president went on to tell the assembled press corps:

I think most of you would agree to this, I’m the most transparent president, probably, in the history of this country.

What was truly transparent was the falseness of the president’s claim that he couldn’t work with Congress at the same time House committees are investigating him. Is he subtly admitting a disability that could trigger his replacement under the 25th Amendment? Or is that being covered up? And will it be stonewalled? Ironically, the president’s view of investigations is a mirror image of House Speaker Nancy Pelosi’s view of impeachment, that the House can’t do two things at once, pursue impeachment and pass good legislation. Her view is as transparently false as the president’s. How long has it been transparently obvious that the president will keep pushing Congress into a submissive corner until the Congress pushes back?

There are so many issues, large and small, where the Trump administration has demonstrated either limited transparency or none that listing them all would be daunting to impossible. Consider just a few areas involving war and peace where the American people are getting much more dishonesty than transparency – Iran, Venezuela, Yemen, Syria, Afghanistan, central Africa, among others. Domestically there are the obvious black holes where the country expected disclosure on the president’s tax returns, on his separation of private interests from government business, on his reckless handling of security clearances, or on his multiple failures faithfully to execute the laws of the United States as required by the Constitution. The suffering he causes ranges from children dying in US custody to the environment and the planet dying from US predation.

Later in the day, the White House continued the counter-attack, tweeting: “This week, Congress reminded Americans exactly why its public approval rating is 20%.” The White House tweets go on a familiar attack against a do-nothing Congress of the bipartisan sort we’ve heard for self-serving, empty decades. Then the tweets get to specifics and the spectacle is absurd. “Not fixing our immigration system” – by letting the administration kill children without consequence? “Not rebuilding our infrastructure” – by letting the president leave the room without looking at a lengthy proposal? “Not lowering prescription drug prices” – how are any of these Congressional failures when there is absolutely no administration proposal on the table?

The apparent trigger for Trump’s pre-planned morning tantrum was House Speaker Nancy Pelosi’s commentary coming out of a Democratic Caucus meeting. She concluded by expressing her understanding of the caucus consensus:

We believe that it’s important to follow the facts. And we believe that no one is above the law, including the president of the United States. And we believe that the President of the United States is engaged in a cover-up – a cover-up.

Although the Democratic Caucus meeting was closed to media coverage, there’s little question that it was devoted in part to questions of whether and when to initiate formal impeachment proceedings against President Trump. Pelosi and other Democratic leaders have been avoiding, evading, slow-walking the impeachment issue for years now, but increasing numbers of Democrats are saying both publicly and privately that time’s up, the president is dictating the way the government runs, and this is fundamentally unconstitutional. The morning theatrics look like the president calling Democrats’ bluff. And it could be a catalyst for the Democrats calling the president’s bluff. No matter what, it’s a long winding road ahead with an unknown destination.

Just before the Democratic Caucus meeting, Democratic congressman Al Green from Houston appeared on Democracy NOW to urge the principled case for initiating formal impeachment hearings now. In the fall of 2017, Rep. Green was the first member of Congress to introduce formal articles of impeachment against President Trump. At the time, the Republican majority voted in lockstep not to consider the question. A majority of Democrats, led by Pelosi, also voted against even discussing impeachment. ­

Almost surely what Al Green said on Democracy NOW is what he said at the Democratic Caucus meeting. He was careful not to make it an issue of Pelosi’s leadership, but rather a test of constitutional principle:

… where the House itself is on trial in the court of public opinion. The question is: Will we allow the time-honored system of checks and balances to be destroyed by this president? Your news report has indicated that he has resisted. In fact, he’s stonewalling. He doesn’t allow subpoenas. He doesn’t allow witnesses to testify. And the question is: Will he then amass this enormous amount of power that the Framers never intended him to have? This is the equivalent of becoming a monarch. We don’t want a monarchy; we want democracy. And impeachment is the means by which we maintain the check on the president so as to keep the balance of power.

Rep. Green is asked the standard journalistic cliché question, so what’s the point of impeaching the president in the House when the Senate will never convict him? It’s not as though that prediction is a fact. At best it’s a current likelihood. But the process of impeachment is long and illuminating as it winds through investigation, examination, and passage of the articles of impeachment, and then a full trial in the Senate presided over by the Chief Justice. To predict now what the Senate will do after a year or more of all that is presumptuous. It is to assume that evidence will not matter. And the cliché question dismisses any question of principle, justice, constitutionality. Green answers the question directly:

Nowhere in Article 2, Section 4 of the Constitution does it say that the House must have a Senate that will agree with it. What it says is, if the president commits impeachable acts, then we must move forward. That’s what it gives us the prerogative to do. It does not require that Republicans agree with us. It does not require that the public agree with us. What it requires is that we act on principle, not politics, that we put the people above our political party. It requires that we decide that we will not allow the moral imperative to be trumped by political expediency. This is really not about people in the House of Representatives. It’s about the people in this country and whether we are going to allow this president, who has demonstrated that he’s ruthless, lawless and reckless—whether we are going to allow him to destroy the system of checks and balances.

As to particular impeachable offenses, Rep. Green first cites obstruction of justice. In the case of Richard Nixon, the first article of impeachment voted by the House Judiciary Committee in 1973 was for obstruction of justice. The charges against Nixon included making false or misleading statements, influencing witnesses, withholding evidence, interfering with investigations, approving payments to witnesses, and hinting at pardons. Any of that sound familiar? The Mueller Report lists numerous instances of presidential behavior that could be construed as obstruction of justice. More than 800 former federal prosecutors have indicated that if anyone but the president had committed the same acts, that person would have been prosecuted. Mueller left the question to the House. Rep. Green argues: “That obstruction of justice is something we cannot allow to go unchecked.” 

He makes no effort to provide a comprehensive list of Trump’s impeachable offenses, but he emphasizes one area that is the epitome of “high crimes and misdemeanors” as contemplated in the Constitution:

But I also have contended, and still contend, that the president has infused his bigotry into policy. I think this is impeachable, as well. I have indelibly imprinted in my brain that baby standing at the border crying while she is being separated from parents. This is not what a great country does. We cannot allow a president to talk about African country as “s—hole countries” and then engage in the process of developing an immigration plan. We can’t have a president who is going to say that there are very fine people among the bigots, the racists, the xenophobes, the homophobes, who were in Charlottesville, where a woman lost her life protesting against bigotry, and do nothing about it. His bigotry is worthy of his being impeached.

Rep. Green dismissed the president’s claim that Congress couldn’t work with him and investigate him at the same time. He framed his answer in the context of the reality of presidential behavior:

We can work with the president and still fulfill our constitutional responsibility. We must do so. Now, working with the president is not easy. He will give you an answer today, and then he will negate the answer tomorrow or later today or perhaps in the same sentence that he gives you the answer. So, I am all for working with the president, but I’m not for allowing the constitutional mandate that has been accorded the House of Representatives to be obliterated because we want to try to appease a president, who clearly has demonstrated that he’s not in the business of making reconciliation with us in any way. He doesn’t want to negotiate; he wants to dictate.  

Rep. Green rejected another journalistic cliché question: well, what if Trump welcomes impeachment proceedings, what if you’re playing into his hand politically and not getting important legislation like the Green New Deal done? This is a muddled question, hobbled by prediction based on no evidence. The House has already passed important legislation (such as H.R.1, election reform) that the Senate may never consider. The Senate cannot avoid an impeachment trial. There is no reason to suppose the House won’t continue to pass important legislation (maybe even a Green New Deal, if it’s ever rendered in the form of a bill). The question is rooted in ill-considered assumptions that are most likely false (depending on House leadership – oh, that again). As far as one can tell, the Democratic strategy for 2020 includes the creation of a host of desirable health, economic, justice and other bills that Republicans can either pass or run against.

As for Trump inviting impeachment, Rep. Green doesn’t buy it. He calls it a reverse psychology trick. He says Trump’s bluffing. Following through with articles of impeachment would call that bluff. That would create an unpredictable dynamic that would depend first on the strength of the evidence presented to the Senate. And if the evidence is strong that the president committed impeachable offenses, and the Republican Senate votes NOT to convict, how will that play with American voters? 

As for the alternative, Rep. Green sees it as unacceptable:

And if we don’t impeach, here’s what the president will say. He will say that the Democrats had the House by overwhelming numbers. He will say that they did not impeach me. He will say, “By their inaction, I have been vindicated, I have been exonerated.” Mr. Mueller did not exonerate him. Why would the House of Representatives exonerate him? And he will say, “By virtue of this, you ought to elect me”—meaning him, President Trump—“president again.” And let me share this with you. He will make a powerful argument that we were complicit, in a sense, in his actions by not having our action in the House of Representatives.

That’s a credible scenario as far as it goes, but it omits anything else that may happen between now and November 2020, including not least the choice of a Democratic candidate. As it stands now, Trump is forcing the House to choose between impeaching him and caving in to him. Even if the House calls his bluff and impeaches him, Democrats and the country may lose the election. But if the House caves and allows the president to continue on his law-defying dictatorial path, then the election might well be irrelevant.   

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William M. Boardman has over 40 years experience in theatre, radio, TV, print journalism, and non-fiction, including 20 years in the Vermont judiciary. He has received honors from Writers Guild of America, Corporation for Public Broadcasting, Vermont Life magazine, and an Emmy Award nomination from the Academy of Television Arts and Sciences.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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What We Are Doing at the Border Is Unspeakable Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=11104"><span class="small">Charles Pierce, Esquire</span></a>   
Friday, 24 May 2019 08:23

Pierce writes: "The Trump administration* has admitted six migrant children have died so far. Should we trust that number?"

With children and parents being separated at the border, the Southern Baptist Convention has called for immigration reform that maintains 'the priority of family unity.' (photo: John Moore/Getty)
With children and parents being separated at the border, the Southern Baptist Convention has called for immigration reform that maintains 'the priority of family unity.' (photo: John Moore/Getty)


What We Are Doing at the Border Is Unspeakable

By Charles Pierce, Esquire

24 May 19


The Trump administration* has admitted six migrant children have died so far. Should we trust that number?

t's May, right? I checked the calendar on my phone, and the one on my laptop, and the one I got at Christmas from the nice people at Amnesty International. I checked the newspaper. I thought about calling the National Observatory to make sure, but that sounded excessive. Finally, I checked with CBS News. So, it's May, right?

I mean, just so we're all on the same page here.

Mark Weber, a spokesperson for the U.S. Department of Health and Human Services (HHS), said in a statement to CBS News that the girl had a history of congenital heart defects. Weber said when she entered the care of an Office of Refugee Resettlement (ORR) facility in San Antonio, Texas, on March 4, 2018, she was in a "medically fragile" state.

"Following a surgical procedure, complications left the child in a comatose state. She was transported to a nursing facility in Phoenix, Arizona for palliative care in May after release from a San Antonio hospital," Weber said. "On September 26, she was transferred to an Omaha, Neb., nursing facility to be closer to her family. On September 29, the child was transported to Children's Hospital of Omaha where she passed due to fever and respiratory distress."

This happened in September. This happened last year. And we found out about it at the end of May. This year.

We are operating what can at best be called the 21st century equivalent of the relocation facilities into which Japanese-Americans were forced during World War II. What they can be called at worst is unspeakable. And we are operating them full of sick, frightened, and exhausted children whose parents are god knows where and who, day after day, wake up every morning and look at their keepers through cage-wire, like zoo animals. And some of them are dying there. Six of them have died officially. They are the children whom this policy has killed that the architects of this policy will cop to—eight months later, of course.

In an interview with CBS News Wednesday, Rep. Joaquin Castro, D-Texas, accused the administration of concealing the girl's death. "I have not seen any indication that the Trump administration disclosed the death of this young girl to the public or even to Congress," Castro said. "And if that's the case, they covered up her death for eight months, even though we were actively asking the question about whether any child had died or been seriously injured. We began asking that question last fall."

Castro, the chair of the Congressional Hispanic Caucus, said he is going to demand more information from the government about the girl. "We're going to make immediate inquires to HHS to find out what happen to this young girl," Castro said.

It's May. Summer is coming. Even to the desert, it's coming.

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The Perils and Opportunities of Mueller's Testimony Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=45295"><span class="small">Bob Bauer, Lawfare</span></a>   
Thursday, 23 May 2019 13:33

Bauer writes: "There is a substantial and impatient audience both within and outside Congress for Special Counsel Robert Mueller's testimony on the Russia investigation."

A protestor at the 2018 Philadelphia Women's March displays an 'It's Mueller Time' poster. (photo: Rob Call)
A protestor at the 2018 Philadelphia Women's March displays an 'It's Mueller Time' poster. (photo: Rob Call)


The Perils and Opportunities of Mueller's Testimony

By Bob Bauer, Lawfare

23 May 19

 

here is a substantial and impatient audience both within and outside Congress for Special Counsel Robert Mueller’s testimony on the Russia investigation. The House judiciary committee is negotiating for Mueller to appear, and while the Trump administration is busily objecting to other appearances, such as that of former White House Counsel Don McGahn, it seems prepared to relent in the case of Mueller. President Trump has tweeted out his unhappiness about a potential appearance by Mueller, but he also stated that the decision rests with Attorney General William Barr. And Barr recently declared that whether Mueller appears will be the special counsel’s “call.” In any event, there is now a settled expectation that the Russia investigation cannot come to a close until Congress has heard from Robert Mueller.

It turns out that, according to press reports, Mueller has his own reservations. The New York Times reports that the judiciary committee’s negotiations with Mueller have gone slowly. Moreover, “House aides involved in the report say they have gotten the sense that Mr. Mueller, and some of his aides, would rather let his written report speak for itself than push him into the partisan fray.” Under discussion between the special counsel and the House majority are possible limits on his testimony, including portions delivered in closed session.

This news should prompt close attention to the role Mueller can most constructively play from this moment on, now that he has concluded his inquiry and written his report. The time may have arrived to phase out the intense focus—the “Mueller-centricity”—that has so long dominated the debate over the Russia-Trump campaign alliance and the president’s acts of obstruction.

What worries Mueller about the requested testimony? Of course, he fears the political circus: a hearing in which the majority and minority clash with Mueller caught in the middle and unable to deliver a clear or coherent narrative. Rather than clarify issues and questions left open in the report, the hearing could compound the confusion and supply ammunition for another round of unedifying political claims and counterclaims. He may also worry that classified information cannot be adequately protected in this setting. He could be asked questions he cannot answer in public, with the result that he may appear evasive or that his refusal to respond will encourage irresponsible interpretations of the reasons for his silence.

The testimony also would not be entirely congruent with the conception of the special counsel’s role as defined by the governing regulations, which anticipate that the special counsel will set forth his conclusions only to the attorney general. Unlike the independent counsel model, Mueller does not have independent obligations to disclose information to Congress or the public, nor does he have the discretion to determine those parts of his work he might provide outside the Department of Justice. Of course, Congress has every right to call for his testimony, and it has done so. But when he does appear, he will be stepping outside the role envisioned for the counsel. This may add to Mueller’s discomfort as a law enforcement professional known to prefer “going by the book.”

For these reasons, when Mueller does testify, he may decline to part significantly from the material presented in his report. He wrote what he wrote. It is worth recalling that when Mueller sent Barr a letter questioning the attorney general’s four-page summary of the report, he stressed the language of the report itself. From his standpoint, what he had already written, in the final report that he submitted to the attorney general, was the best statement of his findings. It would be curious if the scrupulous Mueller would take the occasion of public testimony to riff on his report. It is far more likely that he would stick to the script.

If he largely uses any testimony to rephrase what appears in his report, critics of Trump may become enraged that, one more time, Mueller left them disappointed. Republicans intent on diverting attention from the damaging material in the report will revel in this disappointment.

By contrast, if Mueller decides to elaborate on his conclusions, the outcome may not be any more productive. Democrats may push him to put the finest possible point on those elaborations while Republicans accuse him of going beyond his brief. Then the country will face the inevitable if misleading charge that Mueller has  editorialized in the style of James Comey’s press conference comments decrying Hillary Clinton’s “carelessness.” For the first time in his investigation, Mueller will have been made a party to a press event not of his own choosing, and any comments he offers beyond the ground covered in his report will open him up, however unfairly, to the claims that he is a prosecutor “gone rogue.” The outcome of all this could be less, not more, public clarity about Mueller’s conclusions.

This is not to suggest in any way that Mueller should not testify. It is to strike a note of caution about importance to be attached to that testimony. Mueller did his job and laid out at length, in more than 400 pages, his analysis and the conclusions he was prepared to reach. Now Congress has its own responsibilities, which  Mueller should not be expected to assume on its behalf. As Walter Dellinger has pointed out, Mueller’s report contains massive amounts of material upon which Congress can make various investigative and oversight judgments.

Those judgments can include the initiation of an impeachment inquiry, or escalation in that direction if Congress cannot overcome, through negotiation and accommodation, the administration’s refusal to cooperate with its investigation. If Congress elects not to pursue impeachment, it still has the option of censure, a response to the Mueller report that has generally underrated potential. A carefully structured censure resolution puts Congress on record on the activities that should not, for want of congressional action, pass as acceptable.

So, yes, Mueller should testify, but expectations should be set realistically, and Congress should not suggest that it is overly dependent on that testimony in its assessment of the import of his findings or the next steps in responding to them.

There is one clear public service that Mueller could render with his testimony and which would present none of the problems that seem to be troubling him as he negotiates his appearance with the House. He could reflect on his experience operating under the current special counsel rules.

Written to provide for an independent law enforcement function in cases like this one without the excesses of the old independent counsel statute, the regulations do not provide for the special counsel to report directly to Congress or the public, or to identify and assess potential grounds for impeachment. They provide some but not extensive guidance on the scope of the attorney general’s supervision.

This is the question Mueller could be asked that he could freely and constructively answer: Given the purposes of the regulations, how would you consider revising them in the light of experience to better achieve those objectives?

Most critically, Mueller could clarify the impact on the special counsel’s work of the Office of Legal Counsel (OLC) opinions that purport to immunize the president from criminal prosecution while in office. When addressing this issue, he will almost certainly seek to avoid being baited into suggesting that, but for the opinions, he would or would not have prosecuted the president on this record. But he can provide useful information on the ways in which the opinions could be clarified or improved, with particular attention to his view that they blocked him from reaching a final conclusion about the obstruction issues. He might be asked, for example, whether he checked with OLC on his reading of the opinions and the limits that, in his view, they imposed.

In this way, Mueller’s testimony could provide an opportunity to look ahead, not only back, and help with the next stage in the difficult task of designing procedures to hold presidents and other senior executive branch officials accountable for compliance with the law. The independent counsel rules did not work for one set of reasons; now, for different reasons, the special counsel rules have also been shown to be flawed. Robert Mueller can help fix them.

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Here's Exactly Who's Profiting From the War on Yemen Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=49732"><span class="small">Alex Kane, In These Times</span></a>   
Thursday, 23 May 2019 13:33

Kane writes: "Saudi Arabia, one of the world's richest countries, has been bombing Yemen, the fifth-poorest nation in the world, since 2015 - with support from the United States."

Photo of aftermath of Saudi airstrike in Yemen. (photo: Amal Al-Yarisi/Getty)
Photo of aftermath of Saudi airstrike in Yemen. (photo: Amal Al-Yarisi/Getty)


Here's Exactly Who's Profiting From the War on Yemen

By Alex Kane, In These Times

23 May 19


And how the U.S. could stop weapon sales if it wanted to.

riyanka Motaparthy, a researcher for Human Rights Watch, arrived at a market in the Yemeni village of Mastaba on March 28, 2016, to find large craters, destroyed buildings, debris, shredded bits of clothing and small pieces of human bodies. Two weeks earlier, a warplane had bombed the market with two guided missiles. A Human Rights Watch (HRW) report says the missiles hit around noon on March 15, killing 97 civilians, including 25 children.

“When the first strike came, the world was full of blood,” Mohammed Yehia Muzayid, a market cleaner, told HRW. “People were all in pieces; their limbs were everywhere. People went flying.” As Muzayid rushed in, he was hit in the face by shrapnel from the second bomb. “There wasn’t more than five minutes between the first and second strike,” he said. “People were taking the injured out, and it hit the wounded and killed them. A plane was circling overhead.”

Saudi Arabia, one of the world’s richest countries, has been bombing Yemen, the fifth-poorest nation in the world, since 2015—with support from the United States. Their mission is to topple the Houthis, an armed political movement that overthrew Yemen’s president, Abdu Rabbu Mansour Hadi, a Saudi ally, in February 2015. Saudi Arabia (a Sunni monarchy with an oppressed Shiite minority) feared that the Houthi movement in Yemen (who are Zaydis, a Shiite sect) was acting as an arm of its regional foe, Iran, in an effort to take power right across its southern border. While the Houthis have never been controlled by Iran, Iran delivers arms to the movement.

Under President Barack Obama’s administration and, now, President Donald Trump’s, the United States has put its military might behind the Saudi-led coalition, waging a war without congressional authorization. That war has devastated Yemen’s infrastructure, destroyed or damaged more than half of Yemen’s health facilities, killed more than 8,350 civilians, injured another 9,500 civilians, displaced 3.3 million people, and created a humanitarian disaster that threatens the lives of millions as cholera and famine spread through the country.

U.S. arms merchants, however, have grown rich. Fragments of the bombs were documented by journalists and HRW with help from Mastaba villagers. An HRW munitions expert determined the bombs were 2,000-pound MK-84s, manufactured by General Dynamics. Based in Falls Church, Va., General Dynamics is the world’s sixth most profitable arms manufacturer. One of the bombs used a satellite guidance kit from Chicago-based Boeing, the world’s second-most profitable weapons company. The other bomb had a Paveway guidance system, made by either Raytheon of Waltham, Mass., the third-largest arms company in the world, or Lockheed Martin of Bethesda, Md., the world’s top weapons contractor. An In These Times analysis found that in the past decade, the State Department has approved at least $30.1 billion in Saudi military contracts for these four companies.

The war in Yemen has been particularly lucrative for General Dynamics, Boeing and Raytheon, which have received hundreds of millions of dollars in Saudi weapons deals. All three corporations have highlighted business with Saudi Arabia in their reports to shareholders. Since the war began in March 2015, General Dynamics’ stock price has risen from about $135 to $169 per share, Raytheon’s from about $108 to more than $180, and Boeing’s from about $150 to $360.

Lockheed Martin declined to comment for this story. A spokesman for Boeing said the company follows “guidance from the United States government,” while Raytheon replied, “You will need to contact the U.S. government.” General Dynamics did not respond to inquiries. The State Department declined to comment on the record.

The weapons contractors are correct on one point: They’re working hand-in-glove with the State Department. By law, the department’s Bureau of Political-Military Affairs must approve any arms sales by U.S. companies to foreign governments. U.S. law also prohibits sales to countries that indiscriminately kill civilians, as the Saudi-led military coalition bombing Yemen did in the Mastaba strike and many other documented cases. But ending sales to Saudi Arabia would cost the U.S. arms industry its biggest global customer, and to do so, Congress must cross an industry that pours millions into the campaigns of lawmakers of both parties.

The Civilian Death Toll

Saudi coalition spokesperson Gen. Ahmed al-Assiri told the press that the Mastaba market bombing targeted a gathering of Houthi fighters. But because the attack was indiscriminate, in that it hit both civilians and a military target, and disproportionate, in that the 97 civilian deaths would outweigh any expected military advantage, HRW charged that the missile strikes violated international law.

According to an In These Times analysis of reports by HRW and the Yemeni group Mwatana for Human Rights, the Saudi-led coalition (including the United Arab Emirates [UAE], a Saudi ally that is also bombing Yemen) has used U.S. weapons to kill at least 434 people and injure at least 1,004 in attacks that overwhelmingly include civilians and civilian targets.

“Most of the weapons that we have found and been able to identify in strikes that appear unlawful have been U.S. weapons,” Motaparthy says. “Factories have been hit. Farmlands have been hit with cluster bombs. Not only have they killed civilians, but they have also destroyed livelihoods and contributed to a dire humanitarian situation.”

“The [U.S. government is] now on notice that there’s a high likelihood these weapons could be used in strikes that violate the laws of war,” Motaparthy says. “They can no longer say the Saudis are targeting accurately, that they have done their utmost to avoid civilian casualties.”

According to the Foreign Assistance Act of 1961, the United States may not authorize arms exports to governments that consistently engage in “gross violations of internationally recognized human rights.” The Arms Export Control Act of 1976 stipulates that exported weapons may only be used for a country’s defense.

“When a country uses U.S.-origin weapons for other than legitimate self-defense purposes, the administration must suspend further sales, unless it issues a certification to Congress that there’s an overwhelming national security need,” says Brittany Benowitz, a former defense adviser for former Sen. Russ Feingold (D-Wis.). “The Trump administration has not done that.”

A HUNDRED-BILLION-DOLLAR CLIENT

Over the past decade, Saudi Arabia has ordered U.S.-made offensive weapons, surveillance equipment, transportation, parts and training valued at $109.3 billion, according to an In These Times analysis of Pentagon announcements, contracts announced on defense industry websites and arms transfers documented by the Stockholm International Peace Research Institute. That arsenal is now being deployed against Yemen.

Saudi Arabia’s precision-guided munitions are responsible for the vast majority of deaths documented by human rights groups. In These Times found that, since 2009, Saudi Arabia has ordered more than 27,000 missiles worth at least $1.8 billion from Raytheon alone, plus 6,000 guided bombs from Boeing (worth about $332 million) and 1,300 cluster munitions from Rhode Island-based Textron (worth about $641 million).

About $650 million of those Raytheon orders and an estimated $103 million of the Boeing orders came after the Saudi war in Yemen began.

Without these ongoing American-origin weapons transfers, the Saudi coalition’s ability to prosecute its war would wither. “We can stop providing munitions, and they could run out of munitions, and then it would be impossible to keep the war going,” says Jonathan Caverley, associate professor at the U.S. Naval War College and a research scientist at M.I.T.

The warplanes the United States delivers also need steady upkeep. Since the war began, the Saudis have struck deals worth $5.5 billion with war contractors for weapons maintenance, support and training.

“The Saudi military has a very sophisticated, high-tech, capital-intensive military that requires almost constant customer service,” Caverley says. “And so most of the planes would be grounded if Lockheed Martin or Boeing turn off the help line.”

“JUST A PILIING UP OF STUFF”

The U.S.-Saudi relationship has its roots in the 1938 discovery of oil in Saudi Arabia, and President Franklin Roosevelt’s energy-for-security deal with the Saudi monarchy. Today, in addition to oil, U.S.-Saudi relations are cemented by a geopolitical alliance against Iran—and by weapons deals.

Arms exports accelerated under Obama. By 2016, his administration had offered to sell $115 billion in weapons and defensive equipment to Saudi Arabia—the most of any administration in history.

Those arms exports “used to be more of a symbolic thing, just piling up the stuff,” says William Hartung, director of the Arms and Security Project at the Center for International Policy.

But experts also say selling the Saudis so many arms incentivized the Arab monarchy to use them in devastating fashion.

“If a country, like Saudi Arabia or the UAE, has no commitment to human rights—whether stated or in practice—it’s no wonder that those countries would eventually misuse U.S.-sold weapons by committing war crimes,” says Kate Kizer, the policy director of Win Without War. “The U.S. government should be assuming these weapons of warfare will eventually be used in a conflict, even if one isn’t going on at the moment.”

With the Saudi invasion of Yemen in 2015, the U.S.-Saudi arms pipeline became deadly. Despite reports that U.S. bombs were killing civilians, the Obama administration’s support for the Saudi war drew only muted criticism in Washington.

“It was Obama’s war, and there was a lot of reluctance in Congress to take this on, particularly among Democrats,” says Shireen Al-Adeimi, a Yemeni American activist and professor at Michigan State University. Still, advocates with groups like Win Without War, Just Foreign Policy and the Yemen Peace Project worked to raise public awareness of the war’s horrors, lobbying Congress and the White House.

In May 2016, Obama canceled the delivery of 400 Textron cluster bombs to Saudi Arabia. In December 2016, two months after a Saudi airstrike hit a funeral hall and killed more than 100 people in the Yemeni capital of Sanaa, he halted the sale of 16,000 precision guided bombs from Raytheon, a deal worth $350 million. Those two decisions accounted for only a fraction of overall arms sales to the Saudis, and the flow of most weapons continued unchecked.

TRUMP’S BIG PHOTO OPP

When Trump took office in January 2017, he made it a priority to strengthen the U.S.-Saudi relationship, which had taken a hit after Obama’s nuclear deal with Iran. As part of that bid, Trump reversed Obama’s decision to halt the $350 million Raytheon order.

Trump’s first overseas visit, in May 2017, was to Saudi Arabia, a jaunt to strengthen the alliance against Iran and get Saudi Arabia to sign on to Trump’s plans for an Israeli-Palestinian peace deal. During that visit, the United States agreed to sell Saudi Arabia $110 billion in American weapons, with an option for a total of $350 billion over the next decade.

Trump boasted his deals would bring 500,000 jobs to the United States, but his own State Department put the figure at tens of thousands.

On May 20, 2017, Trump and King Salman bin Abdulaziz Al Saud presided over Boeing’s and Raytheon’s signings of Memorandums of Agreement with Saudi Arabia for future business. Raytheon used the opportunity to open a new division, Raytheon Saudi Arabia. “This strategic partnership is the next step in our over 50-year relationship in the Kingdom of Saudi Arabia,” Raytheon CEO Thomas A. Kennedy told shareholders. “Together, we can help build world-class defense and cyber capabilities.”

The ink was barely dry before $500 million of the deal was threatened by a bill, introduced by Sen. Rand Paul (R-Ky.) in May 2017, to block the sale of bombs to Saudi Arabia. In response, Boeing and Raytheon hired lobbying firms to make their case.

In the end, five Democrats—Joe Donnelly (Ind.), Claire McCaskill (Mo.), Joe Manchin (W.Va.), Bill Nelson (Fla.) and Mark Warner (Va.)—broke with their party to ensure arms sales continued, in a 53-47 vote. The five had collectively received tens of thousands in arms industry donations, and would receive another $148,032 in the next election cycle from the PACs and employees of Boeing and Raytheon. Nelson and McCaskill pulled in $44,308 and $57,230, respectively. Weapons firms are aided by a revolving door with the Trump administration. Then-Defense Secretary Jim Mattis, a former General Dynamics board member, warned Sen. Lindsey Graham (R-S.C.) that the Rand Paul bill would be a boon for Iran. Acting Defense Secretary Patrick Shanahan served as a senior vice president of Boeing prior to coming to the Defense Department, though it’s unclear whether he’s championed U.S.-Saudi arms deals.

The Wall Street Journal reports that, in 2018, State Department staff, voicing concerns about the war on Yemen, asked Secretary of State Mike Pompeo not to certify that civilian deaths were being reduced. Their concerns were overridden by the department’s Bureau of Legislative Affairs, which argued such a move could put billions of dollars in future arms sales in jeopardy. The bureau is led by Charles Faulkner, a former Raytheon lobbyist.

CONGRESS WAKES UP

In October 2018, the U.S. relationship with Saudi Arabia took center stage in Washington, when Saudi agents murdered and dismembered journalist Jamal Khashoggi in their country’s consulate in Istanbul. Khashoggi, a Saudi Washington Post columnist, had been critical of Saudi Crown Prince Mohammed bin Salman.

The murder forced Congress to reckon with Salman, who, as defense minister, had launched the Saudi war on Yemen alongside a vicious crackdown on human rights activists. Suddenly, leading members of Congress, including Graham and other defenders of the U.S.-Saudi relationship, were alarmed at the prospect of selling more arms to Salman.

“The Khashoggi murder really broke the dam on congressional outrage about what the administration’s conduct has been [toward Saudi Arabia],” says Kate Gould, former legislative director for Middle East policy at the Friends Committee on National Legislation.

This spring, the Senate and House passed a bill championed by Sen. Bernie Sanders (I-Vt.) and Rep. Ro Khanna (D-Calif.) requiring the United States to stop giving the Saudi coalition intelligence and to prohibit the in-air refueling of Saudi warplanes. It was the first time in U.S. history that both chambers of Congress invoked the War Powers Act, designed to check the president’s war-making powers by requiring congressional authorization to deploy troops overseas. Trump vetoed the bill on April 16.

Arms expert William Hartung says the current political climate makes new deals unlikely: “It’d be very difficult [right now] to push a substantial sale of offensive weapons like bombs. Anything that can be used in the war is probably a non-starter.”

Still, billions of dollars of approved weapons are already in the pipeline. If congressional anger at the Saudis wanes, the arms spigot could reopen.

In February, a bipartisan group of senators—including Graham and Chris Murphy (D-Conn.)—introduced the Saudi Arabia Accountability and Yemen Act of 2019, which would halt future sales of ammunition, tanks, warplanes and bombs, and suspend exports of bombs that had been given a prior green light.

Rep. Jim McGovern (D-Mass.) wants to go even further. In January, he introduced legislation that would ban all weapons exports to Saudi Arabia, as well as maintenance and logistical support. The bill has 29 cosponsors (most of them Democrats).

“The bottom line is: We know for a fact that they’re bombing school buses, bombing weddings, bombing funerals, and innocent people are being murdered,” McGovern told In These Times. “The question now is: Are we going to just issue a press release and say, ‘We’re horrified,’ or is there going to be a consequence?”

McGovern says that if a measure like his is not passed, “other authoritarian regimes around the world will say, ‘Hey, we can do whatever the hell we want.’”

To pass such bills, Congress members will have to muscle past the arms industry. In Lockheed Martin’s 2018 annual report, the company warned, “Discussions in Congress may result in sanctions on the Kingdom of Saudi Arabia.” For Jehan Hakim of the Yemeni Alliance Committee, the ongoing war comes down to the influence of money in Washington.

“We talk to family back home [in Yemen] and the question they ask is, ‘Why? Why is the U.S. supporting the Saudi coalition?’” Hakim says. “Profiteering is put before the lives of humans.”

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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=48990"><span class="small">Norman Solomon, Reader Supported News</span></a>   
Thursday, 23 May 2019 11:55

Solomon writes: "In a party that officially condemns dog-whistle appeals to racism, Joe Biden is running on Orwellian eggshells."

Former Vice President Joe Biden. (photo: Getty)
Former Vice President Joe Biden. (photo: Getty)


RSN: Will Biden’s Dog Whistles for Racism Catch Up With Him?

By Norman Solomon, Reader Supported News

23 May 19

 

n a party that officially condemns dog-whistle appeals to racism, Joe Biden is running on Orwellian eggshells. Whether he can win the Democratic presidential nomination may largely depend on the extent of “doublethink” that George Orwell described in 1984 as the willingness “to forget any fact that has become inconvenient.”

It is an inconvenient fact that Biden has a political history of blowing into dog whistles for racism. More than ever, the Democratic electorate is repelled by that kind of pitch. If his dog-whistling past becomes a major issue, the former vice president and his defenders will face the challenge of twisting themselves into rhetorical pretzels to deny what is apparent from the video record of Biden oratory on the Senate floor that spans into the last decade of the 20th century.

Biden is eager to deflect any prospective attention from his own history of trafficking in white malice and racial division. When he tweeted this week that “our politics today has become so mean and petty – it traffics in division and our president is the divider in chief,” Biden was executing a high jump over the despicably low standards set by Donald Trump.

A key question remains: Does it matter that Biden was a shrill purveyor of tropes, racist stereotypes, and legislation aimed at African Americans? During pivotal moments in the history of race relations in this country, from the 1970s to the 1990s, Biden’s hot air manifested as pitches to white racism. From the outset of his career on Capitol Hill, he even stooped to reaching out to some of the worst segregationist senators from the South to advance his legislative agenda against busing.

As Adolph Reed and Cornel West noted this month in The Guardian, Biden began his racially laced approach to lawmaking soon after arrival in the Senate, when he “earned sharp criticism from both the NAACP and ACLU in the 1970s for his aggressive opposition to school busing as a tool for achieving school desegregation.”

That was no fluke. “In 1984,” Reed and West recount, Biden “joined with South Carolina’s arch-racist Strom Thurmond to sponsor the Comprehensive Crime Control Act, which eliminated parole for federal prisoners and limited the amount of time sentences could be reduced for good behavior. He and Thurmond joined hands to push 1986 and 1988 drug enforcement legislation that created the nefarious sentencing disparity between crack and powder cocaine as well as other draconian measures that implicate him as one of the initiators of what became mass incarceration.”

It’s likely that no lawmaker did more to bring about the mass incarceration of black people during recent decades than Joe Biden. In an understated account last week, The Hill newspaper reported that Senator Biden “was instrumental in pushing for the [1994] crime bill, which critics have said led to a spike in incarceration, particularly among African Americans.”

Yet Biden is now eager to project an image as a longtime ally of people of color. In short, journalists Kevin Gosztola and Brian Sonenstein wrote recently, he is in a race between his actual past and his PR baloney.

As the leading advocate for what became the infamous 1994 crime bill, Biden stood on the Senate floor and declared: “We must take back the streets. It doesn’t matter whether or not the person that is accosting your son or daughter or my son or daughter, my wife, your husband, my mother, your parents, it doesn’t matter whether or not they were deprived as a youth. It doesn’t matter whether or not they had no background that enabled them to become socialized into the fabric of society. It doesn’t matter whether or not they’re the victims of society. The end result is they’re about to knock my mother on the head with a lead pipe, shoot my sister, beat up my wife, take on my sons.”

And Biden proclaimed with fervor that echoed right-wing dogma: “I don’t care why someone is a malefactor in society. I don’t care why someone is antisocial. I don’t care why they’ve become a sociopath. We have an obligation to cordon them off from the rest of society.”

Shane Ryan, writing in Paste, pointed out the unsubtle subtexts of Biden’s speechifying: “This is the language of demonization, and even without the underlying racial element, it would be offensive to describe Americans this way, and to brush aside the societal conditions that lead to violent crime as though they’re irrelevant. But, of course, the racial element is not just present, but profound. It’s impossible to read these remarks, complete with dehumanizing rhetoric, without coming to the conclusion that Biden is, in fact, talking about black crime.”

At the time, even some of the members of Congress who ended up voting for the crime bill loudly warned about its dangerous downsides. One of them was Bernie Sanders (who I actively support in his run for president). While swayed by inclusion of the Violence Against Women Act in the bill, Sanders said in an April 1994 speech on the House floor: “A society which neglects, which oppresses and which disdains a very significant part of its population – which leaves them hungry, impoverished, unemployed, uneducated, and utterly without hope – will, through cause and effect, create a population which is bitter, which is angry, which is violent, and a society which is crime-ridden. And that is the case in America, and it is the case in other countries throughout the world.”

In 2016, Biden was continuing to defend his key role in passage of the landmark crime bill. During recent months, gearing up for his current campaign, Biden acknowledged some of the law’s negative effects while still defending it and denying its huge impacts for mass incarceration. And Biden has avoided copping to – much less expressing remorse for – the toxic, racially laced rhetoric that he used to promote the bill. He simply refuses to renounce the Senate-floor oratory that he deployed to propel the legislation to President Clinton’s desk.

Unfortunately for Biden, online video is available that conveys not only his words but also the audibly arrogant tone with which he delivered them.

What does all this add up to? Anyone who doubts that Biden methodically mined racist political shafts for decades should read the well-documented New York magazine piece “Will Black Voters Still Love Biden When They Remember Who He Was?” It’s devastating.

The New York article, by journalist Eric Levitz, begins with the tip of a very cold white iceberg: “Biden once called state-mandated school integration ‘the most racist concept you can come up with,’ and Barack Obama ‘the first sort of mainstream African American who is articulate and bright and clean.’ He was a staunch opponent of ‘forced busing’ in the 1970s, and leading crusader for mass incarceration throughout the ‘80s and ‘90s. Uncle Joe has described African-American felons as ‘predators’ too sociopathic to rehabilitate – and white supremacist senators as his friends.”

Such clear overviews of Biden’s racial behavior in politics have been rare. And news media have not illuminated what all this has to do with “electability.” Turnout from the Democratic Party’s base will be crucial to whether Trump can be defeated in November 2020. Biden’s record of dog-whistling is made to order for depressing enthusiasm and turnout from that base, especially among African Americans.

Apt to be a big political liability among voters who normally vote Democratic in large numbers, Joe Biden’s historic dog-whistling for racism is an incontrovertible reality. Denial of that reality could help him win the party’s nomination – and then help Donald Trump get re-elected.

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Norman Solomon is co-founder and national coordinator of RootsAction.org. He is the author of a dozen books including War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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