| Friday, September 30, 2011. Chaos and violence continue, disagreement in  Iraq over whether or not Nouri can close the deal alone on extending the US  military presence, protests take place across Iraq, US President Barack Obama  orders the deaths of two Americans, and more.   "Suddenly the place turned into hell," explains survivor Haider Qahtan to  Reuters . It was supposed to be a typical Shi'ite funeral as  mourners gathered in Hilla this evening to bury Abdelamir Jaffar al-Khafaji but  instead it turned into a bloodbath. Mazin Yahya and Rebecca Santana (AP)  report  a car bomb exploded outside Nabi Ayub Shi'ite mosque and quote  Mohammed Ali who felt the blast inside the mosque, "I heard the blast, then was  hit by glass from windows and my hand was bleeding severely.  I blame the  security forces for such a horrible breach."  Mu Xuequan (Xinhua) adds  that there was  "damage to some civilian vehicles and nearby buildings"; however, the people  most harmed were the "mourners heading to a funeral tent near the mosque".  Tim Arango and Duraid Adnan (New York Times)  report , "Several high-level officials were in attendance, including the  leaders of the local court and provincial council. Both officials had just left  before a vehicle, which had been parked outside the mosque, exploded. But the  son of the local judge, who led the appeals court in the area, was killed."  Lara Jakes and Qassim Abdul-Zahra (AP) count  17  dead and forty-eight injured.  Citing police officials, Kareem Raheem (Reuters) states  18 died  and sixty-three were injured.    Before the Hilla attack, Dar Addustour noted  that Parliament  will be examining security issues shortly in light of the continued rise in  violence. Kurdistan Alliance MP Mahmoud Othman is quoted stating that the  security chiefs and Nouri al-Maliki must be called before Parliament to answer  about the security breaches throughout the country resulting in the death of  "many innocents."  After the attack, BBC News notes , "Parliament speaker Osama al-Nujaifi condemned  the attack but blamed failings in the 'security apparatus'."  AFP quotes  Ali Khafaji who claims to be  "astonished at how the explosion happened, because on the way to the funeral  there were many police checkpoints."  Arango and Adnan quote  an unnamed security  official who feels there wasn't enough security considering all the "dignitaries  in attendance."      Al Mada  reports Nouri al-Maliki appeared on Al-Manar TV  today and declared no US troops would remain in Iraq, that, as per the SOFA,  they will all leave at the end of this year. . . . except . . . Nouri said Iraq would keep "trainers" and "experts" and that this  is "normal" and "universally" accepted.  So, to translate that into reality, Nouri al-Maliki declared today  that the US military will remain in Iraq beyond 2011 and they will be called  "trainers" or "experts."   US outlets haven't reported on Nouri's remarks and Al Mada is an Arabic  publication.  But those needing an English language source on the above can  refer to this article by Aswat al-Iraq today   which includes:  Iraq's Prime Minister, Nouri al-Maliki, has said on Thursday that  the presence of foreign experts and trainers during the purchase of weapons is a  natural thing, reiterating that the presence of the US troops in his country  would end by end of the current year  "The presence of the American troops is settled and shall end by  the end of the current year, according to an agreement between both sides, and  there won't remain a single foreign soldier in the country," a statement by the  Prime Minister's office reported. But Prime Minister Maliki said that the "resence of foreign experts  and trainers during the process of purchase of weapons is something natural and  is followed in other parts of the world."   Al Mada now reports that a meeting next  week is expected to resolve the issue of how many US soldiers will remain in  Iraq after December 31st.  The rumored meeting would be attended, according to  unnamed sources, by Jalal Talabani, President of Iraq, as well as leaders of the  various political blocs.  The issue for Parliament would be the immunity issue.   The US government wants immunity for US soldiers.  Nouri al-Maliki apparently  can't grant it by himself (or prefers not to or hasn't yet figured out how to  seize that power) so that would be taken to Parliament.  As for the troops being  on the ground themselves, it is believed that the Strategic Framework Agreement  (signed when the SOFA was) would cover their presence.  The article notes that  Tareq al-Hashemi, Iraq's Sunni Vice President, declared earlier this week that  when Talabani returned to Iraq (he left to take part in the United Nations  meetings -- mainly to argue that Iraq needs to be released from Chapter 7, a  point the US press pointedly ignored -- Ammar al-Hakim talks about Chapter 7 to Al Mada  today ) there would be another meet-up at Talabani's residence.  Alsumaria TV has a different interpretation of the  meet-up :   Iraqi Vice President, Tariq Al Hashemi, declared that President  Jalal Talabani will call for a third meeting of political blocs at his return  from New York. The meeting however was subject to doubts even before being held. Hashemi's announcement about Talabani's call for a third meeting seemed to  be according to Iraqiya list's desire. Iraqiya MPs stressed the necessity to  know the reasons behind State of Law Coalition's failure to commit to last  meeting's decisions. This meeting would be the last attempt during the present  government's term, MPs
   Al Mada speaks with a member of Iraqiya  who states that Nouri was to enter into talks with the US government on  extending the US military presence; however, he was supposed to brief the  political blocs on all negotiations and that the final say was not supposed to  be Nouri's.  The Iraiqya MP states that Nouri has not briefed the political  blocs (that's been stated before by MPs with other political slates and parties  as well).  State of Law and National Alliance MP Jawad Albzona disagrees over  Nouri's power and states that any agreement would not need Parliamentary  approval and would be valid just as a contract signed by Nouri and the US.  He  states it would be valid because Nouri would have identified the need on behalf  of security and that would be it (presumably he's saying that's due to Nouri  being commander in chief of the military but he doesn't make that point).  An  unidentified deputy with the Sadr bloc rejects that interpretation and insists  that Parliament would have to vote on any agreement. A Sadr MP, Rafi Abd  al-Jabbar, is quoted stating that the Sadr bloc rejects US military forces  remaining under any name or title (such as the faux term of "trainers").     Who's right?     If by "right" you mean legal, the Strategic Framework Agreement does allow  for Iraq to keep US personnel to provide support and training.  The SFA covers  not only diplomatic and economic realmsbut also security. Though Parliament  wasn't interpreting that, in 2008, to mean that US forces could stay on the  ground in Iraq beyond 2011 under the SFA, that is what it can allow.   Who's "right" in their debate over what Nouri has or doesn't have the power  to do?   If the SFA is accepted -- and it may not be -- as the document that will  allow the continued presence of US troops on the ground in Iraq, the only  sticking point is the immunity clause.  Otherwise, Nouri's actions in the past  demonstrate that while he does not have the power in writing to extend the US  military presence without the consent of Parliament, he has repeatedly done that  and since Parliament has refused to fight back, it is a power he has assumed and  the Iraqi courts (already in Nouri's pokets) would be unlikely to rule against  him.     If you're late to the party, Nouri becomes prime minister the first time in  the spring of 2006.  The UN madate covering the continued occupation is running  out because it is yearly.  Nouri is supposed to get approval from Parliament to  renew it.  He doesn't bother to.  He just renews it on his own.  The Parliament  notes that the move was illegal and they pass another law to make it 'doubly'  illegal.  Nouri swears it won't happen again.  As 2007 is winding down, Nouri  again renews the UN mandate without Parliament's consent or input.  Either time,  Parliament could have done a vote of no-confidence or taken some serious measure  against Nouri. They did not.  Though it's not a power the Constitution has given  the office of Prime Minister, Nouri has now done it twice and the courts  (already friendly to Nouri, to put it mildly) would most likely see the assumed  power as one that now belongs to him.   I'm against the illegal war and want all US troops out now.  Within these  snapshots, my goal is to be honest.  If I'm dishonest, there's no reason for  anyone to bother reading it.  So when we're talking the PKK (as we were  recently) and I'm explaining how Turkey has over-reacted and hurt themselves and  include that the PKK could damage their own reputation by attacking civilians,  I'm aware that the Turkish government could begin rumors or stage such events to  discredit the PKK.  And certainly they have in some instances in the last two  weeks labeled attacks PKK when they weren't PKK attacks.  (There are many  Kurdish rebel groups fighting for independence.  An attack on teachers this week  may or may not be the PKK.  An event further into northern Turkey last week was  not the PKK.  And, in fact, the group responsible claimed credit -- and AP was  the only outlet to report on that, by the way.  A number of US  commentators don't know the first thing about the Kurdish resistance and should  probably find another topic to gas bag on.)  My condern can't be, "How will this  be used!!!"  That's not my worry, that's not my concern within these snapshots.   Equally true, what I'm about to go into doesn't help get US troops out of Iraq.   And so maybe I should bite my tongue and hope no one thinks too hard on the  issue of immunity?   We don't play it that way, we let the chips fall where they may.  As  commander in chief of the military, Nouri al-Maliki is responsible for the  military.  If, in that role, he is allowed to bring in "trainers," then he is  allowed to give them immunity.   This should have been obvious to all sides long ago.  He either has no  power to bring in "trainers" or he has that power and having that power includes  providing them with "immunity."  What "trainers" would ever come in to work on  security issues -- which could mean someone was accidentally killed -- without  knowing that the government recognized the "trainers" were there to assist and  would not prosecute the "trainers" for carrying out the duties the Iraqi  government tasked them with?   If it appears Parliament will balk at the issue of immunity, don't look for  that to be a sticking point.  Nouri will issue some sort of order (either solo  as commander in chief or with the backing of his Cabinet).     It's an important point to raise because if the talks are even semi-public,  at some point a gas bag's going to go on Democracy Now! or elsewhere  and smugly assert that it doesn't matter because, in the end, Parliament will  never approve immunity for US troops.  And a lot of people will nod their heads  excitedly because it's what we want to hear (the Iraq War finally ends!) and  we'll focus on something else and drop our objections only to learn a week or  two later that, oops, Parliament wasn't the only way to get immunity for US  troops.     Early in the day, protests took place.  The Great Iraqi Revolution  reports , "A big demonstration came out after Friday prayer today in  Wasit condemning the American occupation and refusing to grant occupation forces  an extension of their stay under the pretext of 'training'." They note the same  was true in Theeqar , in Karbala  and in Qadisiya , in Amara . And  in Baghdad? Alsumaria News reports  that  activists gathered in Tahrir Square calling for an end to the occupation and an  end to govermnet corruption. They protested the millions spent for Jalal  Talabani's New York Visit to the United Nations and they called for unity and  the registion of sectarianism. Banners included those that rejected  sectarianism, called out the judiciary that protects the corrupt and declared  Parliament to be a farce. They noted that the two million spent for Jalal's NYC  visit could have been spent within Iraq on needed projects that would benefit  the people. The report notes that as much as $7.5 billion may have been wasted  in corruption by the government in the last two years -- that should be in US  dollars because the oil monies in the article are in dollar figures and not  dinars -- and that estimate appears after they note the Transparency  International annual reports. I'm not sure where the figure comes from, but it  maybe TI's estimate. The Great Iraqi Revolution's Baghdad  correspondent reports , "A large number of protestors were unable to  access Tahrir Square today as the government forces have cordoned the square and  allowed only one entrance point which was in turn controlled by at least forty  officers and troops of the government forces. A number of ambulances were also  seen in the square which raised suspicions and fears that abductions are planned  as has been the practice in previous Fridays.In addition, a number of  intelligence officers were deployed atop surrounding buildings, In fact they  were seen using binoculars and cameras to document and know the identity of the  protestors,. Due to the severity of the measures ,the revolutionary youth were  unable to document the protest by videos."  Aswat al-Iraq reports that they also  called for improved basic services and condemned attacks on Iraq by other  countries, "The demonstrators have demanded to put an end for interferences and  violations by Iraq's neighborly states, including Iran, Turkey and Kuwait,  demanding the government to take opposite measures against such  violations." "I will sleep in peace. I want to rest so long, and  dream of my name written on my grave, dream that my son will come and visit me,  even once, my son who does not speak Arabic well. I hope that he will be able to  read his father's name, the lover of freedom and its martyr."      Even civil society organisations -- confronted by government  intimidation in the form of anonymous threats, arrests of political activists  and violence, including police brutality -- have proved incapable of placing a  check on government. Although the perpetrators have yet to be found, the killing  on 9 September 2011 of a prominent journalist and leading organiser of weekly  protests against government corruption has contributed to rising fears of the  Maliki government's authoritarian streak.      Also noting Hadi's assassination is Yochi J. Dreazen (National Journal) who examines the state of  journalism in Iraq : Instead, Iraq's outlook is more like China's than  America's. The onslaught began on Feb. 17 with the unsolved murder of Hilal  al-Ahmadi, who focused on government corruption. Seven days later, soldiers  stormed the office of the Journalistic Freedoms Observatory, the country's sole  media-advocacy group. "They wanted to shut us up to clear the way for what they  planned to do," says Ziad al-Ajili, the group's director. The troops confiscated  hard drives, cameras, and other files. The next week, tens of thousands of young Iraqis  protested the government, modeling themselves on the Arab Spring movements.  First, government agents began arresting Iraqi reporters in attendance,  confiscating their cameras and notebooks. Having silenced the native  chroniclers, security teams swept in, beating scores of demonstrators and using  tear gas, water cannons, and bullets to disperse crowds. Nineteen people were  killed and several thousand arrested. Ajili estimates that 160 journalists were  arrested within five days of the protest. Hundreds of other reporters have been  detained or beaten in the months since, he said. Ali al-Sumery, an editor at the state-owned al-Sabaah  newspaper, was arrested on Feb. 25 as he ate lunch with Mehdi and two other  Iraqi journalists. Soldiers struck the four men with wooden sticks and the butts  of their rifles. The journalists were driven to a bend of the Tigris River where  bodies are commonly found. "I thought they were going to kill us," Sumery says.  They were interrogated for hours and accused of being Baathists. Bruised and  bleeding, they were abruptly released later that evening.    Hossam Acommok (Al Mada) reports  on Moqtada al-Sadr's criticism of Nouri al-Maliki swearing out an arrest warrant  for Sabah al-Saadi claiming that criticizing Nouri is a threat to national  security (see yesterday's  snapshot). al-Sadr has called out the move and  compared it to a new dictatorship and issued a call for the government to work  on inclusion and not exclusion. Another Al  Mada report notes Sadr declaring that Nouri  needs to drop this issue and focus on the needed political work. It's noted that  the Sadr bloc waited until Moqtada issued a statement to weigh in and that the  Kurdish Regional Government President Massoud Barazni declared that the Kurdish  bloc would not support a vote to strip al-Saadi of his immunity. As a member of  Parliament, Sabah al-Saadi should be immune to Nouri's arrest warrant for the  'crime' of speech. Currently, the warrant exists but cannot be executed due to  the immunity members of Parliament have. So in addition to filing charges  against al-Saadi, Nouri and State of Law (his political slate) are also  attempting to strip a member of Parliament of his immunity.But that's not  all. Nouri has a back up plan. Should the Parliament not agree to strip al-Saadi  of his immunity, the warrant will stand through 2014 when al-Saadi's term  expires (al-Saadi's decided not to run again or Nouri's made that decision and  intends to utilize the Justice and Accountability Commission to keep him from  running?) at which point all-Saadi would be a citizen (without immunity) and  then the warrant can and will be executed. In addition, Al Mada notes  the claim that immunity can be stripped of a member of Parliament if  half-plus-one of those in attendance vote in favor of the motion.
 For those wondering how an insult, any insult, rises to the level  of criminal, this AFP  report (in French) explains that Nouri's complaint  utilizes a law from the reign of General Ahmed Hassan al-Bakr, Article 226 of  the 1969 Criminal Code which made it a crime for anyone to insult a member of  Parliament, the government, the courts, armed forces, etc.     We'll again note that over the weekend, Al-Badeal  noted  Nouri's efforts to have Sabah al-Saadi arrested led to a rebuke  from the Popular de-Baathification Movement (established in August 2009) which  stated it rejects Nouri's efforts and finds them unconstitutional.  The Movement  also warns that dictatorship isn't born in a day and that they must remain  faithful to all of those who died defeating Iraq's previous dictatorship.  This  Movement is a group that would normally be alligned with Nouri.  For example,  they keep a blacklist of people that they allege are Ba'athists and publish it online .  If he's alarmed this group, he's  alarmed pretty much Iraq's entire political spectrum with his moves. Al Mada reports  that al-Sudani declared today he does  not fear the arrest warrant and it will not silence him from exposing government  corruption.  Nouri is most upset by a private conversation al-Sudani had with  another person which was taped and during which al-Sudani declared that "the end  of al-Maliki will be like the end of Saddam Hussein."  Nouri's attorney, Tariq  Harb, repeats to Al Mada that should Parliament not strip al-Sudani of immunity,  they will leave the arrest warrant in place until May 13, 2014 (when the current  session of Parliament is supposed to end) and then immediately arrest  al-Sudani.  There are a number of problems with Nouri's attorney's view but the most  obvious is probably: Don't pin your hopes on May 13, 2014.   What we've seen is that each election takes longer and longer in Iraq.   Following the March 7, 2010 elections, the government pretty much stayed in  place -- despite their terms being up -- for over eight months as Political  Stalemate I continued.   We need to cover two non-Iraq things.  First, in Yemen today, two American  citizens were killed.  Anwar al-Awlaki and Samir Kahn were killed by Barack  Obama who, in a deliberate distortion of the powers of a US president, ordered a  drone attack on them.  Their crime?   There is no crime.  They're American -- they were American citizens.  In  the United States, you're not guilty of a crime until you've been convicted of  one in a court of law.  These are the basics and they're not difficult to grasp  unless you're an idiot serving in the US Congress who disgraced yourself today  whooping with joy over this attack on US citizenship, attack on the US legal  system and attack on the US Constitution -- the last one should especially  concern Congress since they take an oath to uphold the Constitution -- clearly  not an oath they take very seriously.  Or maybe they're just too stupid and  ignorant to grasp what they're swearing an oath to?  Maybe we need to get some  Constitutional tutors to spend time with members of Congress?  And this was  bi-paristan stupidity -- Democrats joined Republicans in treating this as a  joyful moment. And not just Congress.  Members of the US military also take an  oath to uphold the Constitution.  Though Wesley Clark has now retired from the  military and from running for office -- he's retired everything but his large  mouth -- he is applauding the destruction as well .  Let's  be clear, Wes, what got bombed by the predator drone was the US Constitution and  the US legal system.  There's nothing to cheer or applaud there and your gross  ignorance on this subject is appalling because I can remember conversations with  you about Bush doing similar things back when Bully Boy Bush occupied the White  House and you were alarmed that America might slide into a dictatorship.         Is this the world we want? Where the  president of the United  States can place an American citizen, or  anyone else for that matter, living outside a war zone on a targeted  assassination list, and then have him murdered by drone  strike.  This was the very result we at the  Center for Constitutional Rights and  the ACLU feared when we brought a case in US federal court on behalf of Anwar  al-Awlaki's father, hoping to prevent this targeted  killing. We lost the case on procedural  grounds, but the judge considered the  implications of the practice as raising "serious questions",  asking:   "Can the executive order the  assassination of a US citizen without first affording him any form of judicial  process whatsoever, based on the mere assertion that he is a dangerous member of  a terrorist organisation?"     Michael Ratner is one of the hosts of the radio program Law and Disorder  Radio -- a weekly hour long  program that airs Monday mornings on WBAI  and around  the country throughout the week.  You can be sure that either this coming Monday  or the one after, he and fellow attorneys Heidi  Boghosian , Michael S. Smith   and Michael Ratner  (Center for Constitutional Rights ) will  be exploring the Yemen events because they have huge meaning and it's damn shame  members of Congress choose instead to treat it as a football game -- a damn  shame but highly illuminating.     September 30, 2011, New York -- Today, in response to the news that  a missile attack by an American drone aircraft had killed U.S. citizen Anwar  Al-Awlaki in Yemen, the Center for Constitutional Rights, which had previously  brought a challenge in federal court to the legality of the authorization to  target Al-Awlaki in Yemen, released the following statement:  "The assassination of Anwar Al-Awlaki by American drone attacks is  the latest of many affronts to domestic and international law," said Vince  Warren, Executive Director of the Center for Constitutional Rights. "The  targeted assassination program that started under President Bush and expanded  under the Obama Administration essentially grants the executive the power to  kill any U.S. citizen deemed a threat, without any judicial oversight, or any of  the rights afforded by our Constitution.   If we allow such gross overreaches of  power to continue, we are setting the stage for increasing erosions of civil  liberties and the rule of law."   Pardiss Kebriaei, a CCR senior staff attorney, added: "In  dismissing our complaint, the district court noted that there were nonetheless  'disturbing questions' raised by the authority being asserted by the United  States. There certainly are disturbing questions that need to be asked again,  and answered by the U.S. government about the circumstances of the killing and  the legal standard that governed it."       The Libyan War continues (and US military is now on the ground there).   We've been too busy with Iraq to note it.  But Mahdi Darius Nazemroaya was an  unembedded reporter covering the US military assualt (under the guise of NATO)  on the country and we will make time to include an excerpt from his latest,  "The War in Libya is a Fraud: Using Human  Rights Organizations to Launch Wars" (ICH):The war against Libya is built on fraud. The United  Nations Security Council passed two resolutions against Libya on the basis of  unproven claims, specifically that Colonel Muammar Qaddafi was killing his own  people in Benghazi. The claim in its exact form was that Qaddafi had ordered  Libyan forces to kill 6,000 people in Benghazi. These claims were widely  disseminated, but always vaguely explained. It was on the basis of this claim  that Libya was referred to the U.N. Security Council at U.N Headquarters in New  York City and kicked out of the U.N. Human Rights Council in  Geneva.False claims about African  mercenary armies in Libya and about jet attacks on civilians were also used in a  broad media campaign against Libya. These two claims have been sidelined and  have become more and more murky. The massacre claims, however, were used in a  legal, diplomatic, and military framework to justify NATO's war on the  Libyans.Using Human Rights as a  Pretext for War: The LLHR and its Unproven ClaimsOne of the main sources for the claim that Qaddafi was  killing his own people is the Libyan League for Human Rights (LLHR). The LLHR  was actually pivotal to getting the U.N. involved through its specific claims in  Geneva. On February 21, 2011 the LLHR got the 70 other non-governmental  organizations (NGOs) to sent letters to the President Obama, E.U. High  Representative Catherine Ashton., and the U.N. Secretary-General Ban-ki Moon  demanding international action against Libya invoking the "Responsibility to  Protect" doctrine. Only 25 members of this coalition actually assert that they  are human rights groups.             |