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Tag Archives: President Trump

Continuing Prosecutions: Assange and the Biden Administration

With changes of presidential administrations, radical departures in policy are always exaggerated. Continuity remains, for the most part, a standard feature. It is precisely that continuity being challenged by groups fearful of the continuing prosecution of Julian Assange.

The effort by the US Justice Department to extradite Assange from the UK on eighteen charges based on the Espionage Act and the Computer Fraud and Abuse Act met a stumbling block in the courts on January 4 this year. The decision by District Judge Vanessa Baraitser proved exceedingly unsympathetic to the press and to Assange in general, but found his “the mental condition … such that it would be oppressive to extradite him to the United States of America.”

Undeterred, the Justice Department promised to appeal (the February 12 deadline looms), while President Donald Trump showed little interest in dropping the case or using his pardoning powers. With the Biden administration still finding its feet, advocacy groups have gathered to press for the dropping of the case against the founder of WikiLeaks. On February 9, the Freedom of the Press Foundation sent a letter to President Joe Biden making the case. Signatories included Amnesty International, Human Rights Watch, the ACLU, the Knight First Amendment Institute, the Committee to Protect Journalists and Reporters Without Borders.

“While our organizations have different perspectives on Mr Assange and his organization,” states the letter, “we share the view that the government’s indictment of him poses a grave threat to press freedom both in the United States and abroad.” The letter distils the implications of the continued prosecution to model simplicity. The indictment is a threat to press freedom given that it covers the sort of conduct “journalists engage in routinely – and that they must engage in in order to do the work the public needs them to do.” Journalism entails speaking with sources, seeking clarification or further documentation and receiving and publishing documents “the government considers secret.”

Biden is weakly kitted out in the garb of a press defender, having positioned himself against Trump’s designation of the fourth estate as “the Enemy of the People.” In May last year, he promised that a Biden White House would ensure that there was “no bullying of the media from the press room podium or by tweet.” But for a good stretch of the presidential campaign, Biden tended to ignore the press, part of a general strategy to avoid his famed bumbling. For three months he did not hold a single news conference, even in virtual format.

Biden was also Vice President in an administration that preached mightily about the values of the press while regularly resorting to the Espionage Act in prosecuting journalistic sources and whistleblowers. Parker Higgins of the Freedom of the Press Foundation even argues that the Obama administration created a model Trump would grasp with glee, one characterised by the Espionage Act, efforts to “eviscerate reporter’s privilege,” the use of surveillance and the “abuse of the classification system”.

The new president does not count himself among Assange’s fans. In the aftermath of the publication of US State Department cables by WikiLeaks in 2010, Biden went so far as to call the publisher a “high-tech terrorist”, a position almost intemperate relative to other White House officials. The point is worth reiterating, given the Obama administration’s general reluctance to prosecute either Assange or WikiLeaks given the proximity of their activities to journalism. In 2013, Obama’s officials fell back on precedent, sparing WikiLeaks, and by virtue of that other press outlets, from legal action.

In that unfortunate interview on NBC’s Meet the Press, an irony that eluded him at the time, the then Vice President revealed that the Justice Department was “taking a look” at possible charges. If conspiracy could be proven behind obtaining “these classified documents with a member of the US military that is fundamentally different than if someone drops on your lap … if you are a press person, here is classified material.”

Biden also threw cold water on any claims that the publications had been anything like the Pentagon Papers released during the Nixon administration. Assange had “done things that have damaged and put in jeopardy the lives and occupations of people in other parts of the world.” There was also a complaint that meeting world leaders had become more onerous. “For example, in my meetings … there is a desire to meet with me alone, rather than have staff in the room. It makes things more cumbersome – so it has done damage.”

Such reasoning has been essentially duplicated in the current indictment, despite a paucity of evidence as to what actual harm the disclosures are said to have caused. Daniel Ellsberg, the man behind the release of the Pentagon Papers, told the court in Assange’s extradition trial that US authorities had “not been able to identify a single person at risk of death, incarceration or physical harm.”

Given Biden’s previous form on the subject, it is hardly surprising that his administration is promising to continue the prosecution. On February 9, Justice Department spokesman Marc Raimondi revealed that there would be no change of tack in pursuing Assange. “We continue to seek his extradition.” The new is looking awfully like the old on this point.

 

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Disruptive Assassinations: Killing Qassem Soleimani

On the surface, it made not one iota of sense. The murder of a foreign military leader on his way from Baghdad airport, his diplomatic status assured by the local authorities, evidently deemed a target of irresistible richness. “General Soleimani was actively developing plans to attack American diplomats and service members in Iraq and throughout the region.” The words from the Pentagon seemed to resemble the resentment shown by the Romans to barbarian chiefs who dared resist them. “This strike was aimed at deterring future Iranian attack plans. The United States will continue to take all necessary action to protect our people and our interests wherever they are around the world.”

The killing of Major General Qassem Soleimani of Iran’s Islamic Revolutionary Guards Corps-Quds Force in a drone strike on January 3, along with Abu Mahdi al-Muhandis, deputy commander of Iraq’s Popular Mobilisation Forces, or Hash a-Shaabi and PMF Kata’ib Hezbollah, was packaged and ribboned as a matter of military necessity. Soleimani had been, according to the Pentagon, “responsible for the deaths of hundreds of American and coalition service members and the wounding of thousands more.” He was behind a series of attacks on coalition forces in Iraq over the last several months including attacks on the US embassy in Baghdad on December 31, 2019.

US President Donald J. Trump had thrown caution to the wind, suggesting in a briefing at his Mar-a-Lago resort in Florida that an option on the table would be the killing of Soleimani. The Iran hawks seemed to have his ear; others were caught off guard, preferring to keep matters more general.

A common thread running through the narrative was the certainty – unshakable, it would seem – that Soleimani was on the warpath against US interests. The increased danger posed by the Quds Force commander were merely presumed, and US Secretary of State Mike Pompeo was happy to do so despite not being able to “talk too much about the nature of the threats. But the American people should know that the President’s decision to remove Soleimani from the battlefield saved American lives.” (Pompeo goes on to insist that there was “active plotting” to “take big action” that would have endangered “hundreds of lives”). How broadly one defines the battlefield becomes relevant; the US imperium has decided that diplomatic niceties and sovereign protections for officials do not count. The battlefield is everywhere.

Trump was far from convincing in reiterating the arguments, insisting that the general had been responsible for killing or badly wounding “thousands of Americans over an extended period of time, and was plotting to kill may more… but got caught!” From his resort in Palm Beach, Florida, he claimed that the attack was executed “to stop a war. We did not take action to start a war.”

Whatever the views of US officialdom, seismic shifts in the Middle East were being promised. Iraq’s prime minister Adel Abdul-Mahdi demanded an emergency parliamentary session with the aim of taking “legislative steps and necessary provisions to safeguard Iraq’s dignity, security and sovereignty.” On Sunday, the parliament did something which, ironically enough, has been a cornerstone of Iran’s policy in Iraq: the removal of US troops from Iraq. While being a non-binding resolution, the parliament urged the prime minister to rescind the invitation extended to US forces when it was attacked by Islamic State forces in 2014.

Iranian Armed Forces’ spokesman Brigadier General Abolfazl Shekarchi promised setting “up a plan, patiently, to respond to this terrorist act in a crushing and powerful manner.” He also reiterated that it was the US, not Iran, who had “occupied Iraq in violation of all international rules and regulations without any coordination with the Iraqi government and without the Iraqi people’s demands.”

While the appeals to international law can seem feeble, the observation from the UN Special Rapporteur on extrajudicial, summary or arbitrary executions Agnès Callamard was hard to impeach. “The targeted killings of Qassem Soleimani and Abu Mahdi Al-Humandis are most [likely] unlawful and violate international human rights law: Outside the context of active hostilities, the use of drones or other means for targeted killing is almost never likely to be legal.” To be deemed lawful, such targeting with lethal effect “can only be used where strictly necessary to protect against an imminent threat to life.”

The balance sheet for this action, then, is not a good one. As US presidential candidate Marianne Williamson observed with crisp accuracy, the attack on Soleimani and his companions had little to do with “whether [he] was a ‘good man’ any more than it was about whether Saddam was a good man. It’s about smart versus stupid use of military power.”

An intelligent use of military power is not in the offing, with Trump promising the targeting of 52 Iranian sites, each one representing an American hostage held in Iran at the US embassy in Tehran during November 1979. But Twitter sprays and promises of this sort tend to lack substance and Trump is again proving to be the master of disruptive distraction rather than tangible action.

Even Israeli outlets such as Haaretz, while doffing the cap off to the idea of Soleimani as a shadowy, dangerous figure behind the slayings of Israelis “in terrorist attacks, and untold thousands of Syrians, Iraqis, Lebanese and others dispatched by Iran’s Islamic Revolutionary Guard Quds Force,” showed concern. Daniel B. Shapiro even went so far as to express admiration for the operation, an “impressive” feat of logistics but found nothing of an evident strategy. Trump’s own security advisers were caught off guard. A certain bloodlust had taken hold.

Within Congress, the scent of a strategy did not seem to come through, despite some ghoulish cheers from the GOP. Rep. Adam Schiff (D-Calif.) and chairman of the House Intelligence panel, failed to notice “some broad strategy at work.” Michigan Democrat Rep. Elissa Slotkin, previously acting assistant secretary of defence and CIA analyst, explained why neither Democratic or Republic presidents had ventured onto the treacherous terrain of targeting Soleimani. “Was the strike worth the likely retaliation, and the potential to pull us into protracted conflict?” The answer was always a resounding no.

By killing such a high ranking official of a sovereign power, the US has signalled a redrawing of accepted, and acceptable lines of engagement. The justification was spurious, suggesting that assassination and killing in combat are not distinctions with any difference. But perhaps most significantly of all, the killing of Soleimani will usher in the very same attacks that this decision was meant to avert even as it assists Iranian policy in expelling any vestige of US influence in Iraq and the broader Middle East. It also signalled to Iran that abiding by agreements of any sort, including the international nuclear deal of 2015 which the US has repudiated, will be paper tigers worth shredding without sorrow.

 

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