Fish v. electricity: Could Salem nuclear plant be shut down?
Delaware Live KARL BAKER FEBRUARY 16, 2024
A judge in an obscure administrative court in Trenton, N.J., is set to hand down a ruling that could end a challenge to the Salem nuclear plant’s ability to pump billions of gallons of water out of the Delaware River each day.
The case, which strikes at the heart of the mid-Atlantic electricity ecosystem, pits a tenacious environmental group against one of the region’s largest energy companies, and its ultimate resolution could impact electricity prices for Delawareans, the health of birds and fish in the Delaware estuary, and President Joe Biden’s most ambitious energy initiative to date.
In short, it’s the region’s biggest environmental battle that you’ve probably never heard of.
At issue is the way in which the Salem Nuclear Generating Station’s two reactors cool steam created by the heat of nuclear fission. Currently, the plant pumps cold water from the Delaware River through a system of pipes that lead it to the steam, which is then cooled back to a liquid form.
The river water then returns to the estuary, but at far higher temperatures than when it was pumped in.
In all, the process kills large numbers of fish and fish larvae, though the exact amounts are disputed.
In late 2016, the Delaware Riverkeeper Network , an environment group and active critic of heavy industry in the region – petitioned New Jersey to rescind a permit that allows the plant to pump water out of the river.
When filed, the challenge was the latest of more than a decade of petitions, disputes and complaints brought against the Salem facility by the environmental group and its outspoken leader Maya van Rossum, who calls the power plant the largest “predator” in the Delaware estuary.
Van Rossum claims that 3 billion adult fish are killed on average each year by the plant’s cooling operations, plus billions more eggs and larvae. Those include the bay anchovy, a species that has suffered a declining local population even as larger fish, eagles, herons, and even whales rely on it for food.
“The cause of the problem for the fish is that the Salem Nuclear Generating Station is sucking them in, cooking them, ripping them apart, destroying them,” she said.
The New Jersey Department of Environmental Protection, which declined to comment for this story, suggested in their permit issued to Salem that the mortality figures cited by van Rossum and other critics are overstated.
Still, they do not appear to have presented current, counter estimate
During the early 2000s, the U.S. Environmental Protection Agency issued new rules mandating that new large power plants use closed-cycle cooling…………………………………………………………………………………………………………………………. more https://delawarelive.com/fish-v-electricity-could-salem-be-shut-down/
More indictments for Ohio nuclear crimes
Why does the nuclear industry find itself mired in these kinds of criminal conspiracies? Because it has no chance of standing on its own financial feet.
by beyondnuclearinternational, By Linda Pentz Gunter
Former executives face a judge — in their ankle monitors
It was called “likely the largest bribery money-laundering scheme ever perpetrated against the people of the state of Ohio.” And the shoes are still dropping. Or should that be ankle monitors? Because these latter belong to the three latest criminals indicted for their roles in a scheme that saw FirstEnergy hand over $61 million in bribes to Ohio politicians and their co-conspirators to secure favorable legislation.
That bill, known as HB6, guaranteed a $1.3 billion bailout to FirstEnergy in order to keep open its two failing Ohio nuclear power plants, Davis-Besse and Perry, as well as struggling coal plants. The nuclear portion of the bill has since been rescinded, but Ohio consumers are still paying to prop up two aging coal plants, to the tune of half a million dollars a day, amounting to an extra $1.50 a month on every ratepayer’s electric bill.
The $61 million bribery plot was the mastermind of then speaker of the Ohio House, Larry Householder, who is now a household name in Ohio for all the wrong reasons. He was sentenced last June to 20 years in prison for his part in the conspiracy. GOP Chairman Matt Borges, was also found guilty of racketeering conspiracy and sentenced to five years in federal prison. Both men say they will appeal.
Householder may have been the instigator, but in those earlier trials, FirstEnergy was described as a company that went “looking for someone to bribe them”. They found willing accomplices among politicians but also in the person of then Ohio Public Utilities Commission chairman, Samuel Randazzo.
So on February 12, yet more indictments were handed down, this time to Randazzo and the two FirstEnergy executives who corrupted him — former CEO Charles Jones, and former senior vice president of external affairs, Michael Dowling.
Their list of crimes, including a collective 27 felonies, was announced at a press conference by Ohio Attorney General Dave Yost. But although the presence of their company had been requested, the accused were not there. ………………………………………………………..
Householder, somewhat of a gangster lookalike himself, was described during his earlier trial as “the quintessential mob boss, directing the criminal enterprise from the shadows and using his casket carriers to execute the scheme.”
The mainstream national press has scarcely reported any of this. Maybe they view it as a local story. But this kind of nuclear corruption has also occurred in South Carolina and Illinois, culminating in multiple indictments and prison sentences. It’s possible we could yet see something similar go down in Georgia as electricity rates there soar to pay for the two late-arriving and over-budget Vogtle reactors, the second of which just started fissioning earlier this month.
Why does the nuclear industry find itself mired in these kinds of criminal conspiracies? Because it has no chance of standing on its own financial feet. Meanwhile, cheaper, faster, more job-friendly renewable energy industry options are leaving nuclear power behind in a cloud of radioactive dust.
This economic collapse has, in turn, put pressure on politicians to make things right for their corporate nuclear friends, something Senator Joe Manchin and others are currently working hard to do on Capitol Hill.
So there may yet be more shoes (and ankle monitors) to drop and it’s going to be very interesting to see who’s wearing them.
Linda Pentz Gunter is the international specialist at Beyond Nuclear and writes for and edits Beyond Nuclear International. https://beyondnuclearinternational.org/2024/02/25/more-indictments-for-ohio-nuclear-crimes/—
The Show Trial against Julian Assange
If the US authorities succeed in convicting a journalist for exposing war crimes, this would have another serious consequence. In the future, it would become even more difficult and dangerous to expose the sordid reality of wars,
How US and British authorities are bending the law and undermining press freedom
FABIAN SCHEIDLER, FEB 24, 2024 ore https://fabianscheidler.substack.com/p/the-show-trial-against-julian-assange
“Those who tell the truth need a fast horse,” says an Armenian proverb. Or they need a society that protects the truth and its messengers. But this protection, which our democracies claim to offer, is in danger. As a journalist, Julian Assange has published hundreds of thousands of files documenting war crimes committed by the USA and its allies in Afghanistan, Iraq, Guantanamo and elsewhere. The authenticity of the documents is beyond question. However, none of the perpetrators have been brought to justice or convicted. In contrast, the messenger has been incarcerated in a high-security prison in London for five years with life-threatening health problems, having previously spent seven years locked up in the Ecuadorian embassy. He has been charged with no crime in the UK, in any EU country or in his home country of Australia. The only reason for his grueling deprivation of liberty is that the US government has initiated extradition proceedings accusing the journalist Assange of espionage, invoking a law dating back more than a hundred years to the First World War: the Espionage Act.
Never before has a journalist been charged under this law. The extradition process therefore sets a dangerous precedent. If it is successful, every journalist on Earth who exposes US war crimes would have to fear suffering the same fate as Assange. That would be the end of freedom of the press as we know it. Because it is based on the capacity to bring to light the dark sides of power without fear of punishment. Where this freedom is extinguished, it is not only the freedom of journalists that dies, but the freedom of us all: the freedom from the arbitrariness of power.
For this reason alone, this extradition process should never have been accepted by the courts in a functioning legal system. Julian Assange did not act as a spy in any way, but as a journalist and as such is subject to special protection. Incidentally, the key witness for the espionage charge was the notorious fraudster and convicted paedophile Sigurdur Ingi Thordarson, who admitted in 2021 that he had lied on behalf of the FBI and had been granted immunity from prosecution.
Let us imagine the case with reversed roles: Suppose an Australian journalist had published war crimes committed by the Russian military and intelligence services and sought protection in a Western European country. Would the courts seriously consider extradition proceedings to Moscow for espionage, especially if the key witness is a convicted criminal?
Assange is facing the absurd sentence of 175 years in the USA. It is to be feared that he will not survive the extremely harsh conditions in the notorious US prison system. For this reason, the London Magistrates’ Court initially halted his extradition in 2021. The US government then published a paper stating that Assange would not face solitary confinement. However, according to Amnesty International, this declaration is “not worth the paper it is written on”, as the non-binding diplomatic note reserves the right for the US government to change its position at any time. The Court of Appeal, however, found this paper sufficient to clear the way for extradition – a travesty of justice, as Amnesty noted.
The hearings, which took place on February 20 and 21 at the High Court in London and whose verdict is expected in March, are the last opportunity for Assange to obtain an appeal against this extradition decision. However, there is a high risk that the law will once again be turned on its head. As the investigative platform Declassified UK reports, one of the two judges, Jeremy Johnson, previously worked for the British secret service MI6, which is closely intertwined with the CIA and whose illegal activities came to public attention through the work of Julian Assange.
For Julian Assange, the trial itself has already become a punishment. Nils Melzer, the UN Special Rapporteur on Torture, concluded after detailed investigations that Assange had been subjected to systematic psychological torture for years. The fact that the US was prepared to go even further came to light in September of the same year: according to reports in the Guardian, senior intelligence officials, including the then head of the CIA and later Secretary of State Mike Pompeo, planned to kidnap and murder Assange in 2017.[v]
The background:
Wikileaks had published documents that year that became known as “Vault 7”. They show the CIA’s massive activities in the field of cyber warfare and prove how the secret service systematically and comprehensively intervenes in web browsers, IT systems in cars, smart TVs and smartphones, even when they are switched off. This was one of the most sensational revelations by Wikileaks since the leaks by Edward Snowden, who uncovered the massive illegal surveillance by the NSA. The CIA was not to forgive Assange for this coup and subsequently classified Wikileaks as a “non-state hostile intelligence service” – a momentous neologism that allowed journalists to be declared enemies of the state. After Pompeo became Secretary of State in 2018, the US government initiated the extradition proceedings. This move replaced Pompeo’s original kidnapping and killing plan, with the goal remaining the same: the destruction of an inconvenient journalist.
The revelations of whistleblowers such as Edward Snowden and Chelsea Manning and journalists such as Julian Assange have shown that in the shadow of the so-called war on terror, a vast parallel universe has emerged in recent decades that is obsessed with the illegal spying on its own citizens and the arbitrary imprisonment, torture and killing of political opponents. This world is largely beyond democratic control, indeed it is undermining the democratic order from within.
However, this development is not entirely new. In 1971, leaks revealed a secret FBI program for spying on, infiltrating and disrupting civil rights and anti-war movements, which became known as COINTELPRO. In the same year, the New York Times published the Pentagon Papers leaked by whistleblower Daniel Ellsberg, which showed that four successive US administrations had systematically lied to their citizens about the extent and motives of the Vietnam War and the massive war crimes committed by the US military. In 1974, Seymour Hersh revealed the CIA’s secret programs to assassinate foreign heads of state and the covert operation to spy on hundreds of thousands of opponents of the war, which ran under the code name “Operation CHAOS”. Driven by these reports, the US Congress convened in 1975 the Church Committee, which carried out a comprehensive review of the secret operations and led to greater parliamentary control of the services.
Julian Assange is part of this venerable journalistic tradition and has made a decisive contribution to its renewed flourishing. However, there is one important difference to the 1970s: Today, the most important investigative journalist of his generation is openly persecuted, criminalized and deprived of his freedom. When states declare the investigation of crimes to be a crime itself, society enters a dangerous downward spiral, at the end of which new forms of totalitarian rule can emerge. As early as 2012, Assange remarked, at the time with regard to the increasingly comprehensive surveillance technologies: “We have all the ingredients for a turnkey totalitarian state”.
If the US authorities succeed in convicting a journalist for exposing war crimes, this would have another serious consequence. In the future, it would become even more difficult and dangerous to expose the sordid reality of wars, especially those wars that Western governments like to sell as civilizing missions with the help of embedded journalists. If we do not learn the truth about these wars, it becomes much easier to wage them. Truth is the most important instrument of peace.
Julian Assange has not yet been extradited and sentenced. Over the years, a remarkable international movement has formed for his release and the defense of press freedom. Many parliamentarians around the world are also raising their voices. The Australian parliament, for example, supported by Prime Minister Anthony Albanese, passed a resolution by a large majority calling for Assange’s release. A group of over 80 members of the German parliament have joined in. However, the German government is still refusing to exert any serious pressure on Joe Biden’s government, which continues to persecute Assange. German Foreign Minister Annalena Baerbock, who as the Green Party’s candidate for chancellor had spoken out in favor of freeing Assange, has persistently avoided questions on the subject since joining the government. Her ministry has left questions from MPs about the case unanswered for months, only to then make elusive rhetorical excuses. The leading politicians of the governing German coalition, who like to loudly present themselves as the guardians of democracy and the rule of law, must finally take action in this case of political justice and unequivocally demand the release of Julian Assange before it is too late. However, this would require overcoming the cowering attitude towards the godfather in Washington and actually standing up for the much-vaunted values of democracy.
Justice Department Announces Nuclear Materials Trafficking Charges Against Japanese Yakuza Leader
Takeshi Ebisawa, Leader within the Yakuza Transnational Organized Crime Syndicate, Allegedly Trafficked Nuclear Materials, Including Uranium and Weapons-Grade Plutonium
A superseding indictment was unsealed in Manhattan today charging a Japanese national with conspiring with a network of associates to traffic nuclear materials from Burma to other countries.
According to court documents, Takeshi Ebisawa, 60, and co-defendant Somphop Singhasiri, 61, were previously charged in April 2022 with international narcotics trafficking and firearms offenses, and both have been ordered detained.
“The defendant stands accused of conspiring to sell weapons grade nuclear material and lethal narcotics from Burma, and to purchase military weaponry on behalf of an armed insurgent group,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “It is chilling to imagine the consequences had these efforts succeeded and the Justice Department will hold accountable those who traffic in these materials and threaten U.S. national security and international stability.”
“As alleged, the defendant brazenly trafficked material containing uranium and weapons-grade plutonium from Burma to other countries,” said U.S. Attorney Damian Williams for the Southern District of New York. “He did so while believing that the material was going to be used in the development of a nuclear weapons program, and while also negotiating for the purchase of deadly weapons. It is impossible to overstate the seriousness of this conduct. I want to thank the career prosecutors of my office and our law enforcement partners for ensuring that the defendant will now face justice in an American court.” …………………………………………………………………………………………………………………………………………………………………………………………………. more https://www.justice.gov/opa/pr/justice-department-announces-nuclear-materials-trafficking-charges-against-japanese-yakuza
Assange’s final appeal – Your man in the public gallery, part 2
Craig Murray, Sott.net, Wed, 21 Feb 2024
Comment: This is the continuation of Craig Murray’s coverage of Julian Assange’s final extradition hearing in the UK Royal Court on February 21, 2024. Read the first part here.
Julian Assange is a person in political conflict with the view of the United States, who seeks to affect the policies and operations of the US government.
Section 87 of the Extradition Act 2003 provides that a court must interpret it in the light of the defendant’s human rights as enshrined in the European Convention of Human Rights. This definitely brings in the jurisdiction of the court. It means all the issues raised must be viewed through the prism of the ECHR and from not other angle.
To depend on the treaty yet ignore its terms is abuse of process and contrary to the ECHR. The obligation in UK law to respect the terms of the extradition treaty with the USA while administering an extradition under it, was comparable to the obligation courts had found to follow the Modern Slavery Convention and Refugee Convention
(quotes given here)
Mark Summers KC then arose to continue the case for Assange. A dark and pugnacious character, he could be well cast as Heathcliff. Summers is as blunt and direct as Fitzgerald is courteous. His points are not so much hammered home, as pile-driven.
This persecution, Summers began, was “intended to prohibit and punish the exposure of state level crime”. The extradition hearing had heard unchallenged evidence of this from many witnesses. The speech in question was thus protected speech. This extradition was not only contrary to the US/UK Extradition Treaty of 2007, it was also plainly contrary to Section 81 of the Extradition Act of 2003.
(quotes given here)
This prosecution was motivated by a desire to punish and suppress political opinion, contrary to the Act. It could be shown plainly to be a political prosecution. It had not been brought until years after the proposed offence; the initiation of the charges had been motivated by the International Criminal Court stating that they were asking the Wikileaks publications as evidence of war crimes. That had been immediately followed by US government denunciation of Wikileaks and Assange, by the designation as a non-state hostile intelligence agency, and even by the official plot to kidnap, poison, rendition or assassinate Assange. That had all been sanctioned by President Trump.
This prosecution therefore plainly bore all of the hallmarks of political persecution.
The magistrates’ court had head unchallenged evidence that the Wikileaks material from Chelsea Manning contained evidence of assassination, rendition, torture, dark prisons and drone killings by the United States. The leaked material had in fact been relied on with success in legal actions in many foreign courts and in Strasbourg itself.
The disclosures were political because the avowed intention was to affect political change. Indeed they had caused political change, for example in the Rules of Engagement for forces in Iraq and Afghanistan and in ending drone killings in Pakistan. Assange had been highly politically acclaimed at the time of the publications. He had been invited to address both the EU and the UN.
The US government had made no response to any of the extensive evidence of United States state level criminality given in the hearing. Yet Judge Baraitser had totally ignored all of it in her ruling. She had not referred to United States criminality at all.
At this point Judge Sharp interrupted to ask where they would find references to these acts of criminality in the evidence, and Summers gave some very terse pointers, through clenched teeth.
Summers continued that in law it is axiomatic that the exposure of state level criminality is a political act. This was protected speech. There were an enormous number of cases across many jurisdictions which indicate this. The criminality presented in this appeal was tolerated and even approved by the very highest levels of the United States government. Publication of this evidence by Mr Assange, absent any financial motive for him to do so, was the very definition of a political act. He was involved, beyond dispute, in opposition to the machinery of government of the United States.
This extradition had to be barred under Section 81 of the Extradition Act because its entire purpose was to silence those political opinions. Again, there were numerous cases on record of how courts should deal, under the European Convention, with states reacting to people who had revealed official criminality.
In the judgment being appealed Judge Baraitser did not address the protected nature of speech exposing state criminality at all. That was plainly an error in law.
Baraitser had also been in error of fact in stating that it was “Purely conjecture and speculation” that the revelation of US war crimes had led to this prosecution. This ignored almost all of the evidence before the court.
The court had been given evidence of United States interference with judicial procedure over US war crimes in Spain, Poland, Germany and Italy. The United States had insulated its own officials from ICC jurisdiction. It had actively threatened both the institutions and employees, of the ICC and of official bodies of other states. All of this had been explained in detail in expert evidence and had been unchallenged. All of it had been ignored by Baraitser.…………………………………………………………………………………………………………………………………………
Political persecution was also apparent in the highly selective prosecution of the appellant. Numerous newspapers had also published the exact same information, as had other websites. Yet only Assange was being prosecuted. Baraitser had simply ignored numerous facts which were key to the case, and therefore her judgment was plainly wrong.
……………………………………………………………………………………………………………………………………………………………………………………………………………… Separately, the Secretary of State had failed in her specific duty to obtain assurances that the death penalty would not be implemented, before agreeing an extradition. The United States could add further charges at any time were Assange in the US, including aiding and abetting treason or other Espionage Act charges which attract the death penalty. It was routine in these circumstances to obtain assurances against the death penalty, and it was sinister they had not been obtained.
The law on this point was very clear; in the absence of assurances against the death penalty, the extradition must be stopped by the Home Secretary and the defendant discharged.
On this rather sombre point, Judge Sharp called the end of the day, and we staggered out into a wet London evening. It was a huge amount to pack into our heads in a day for those of us with brains smaller than Mr Fitzgerald, and the large crowd that roared its approval as we emerged hardly registered with me at all.
It had gone better than I expected……………………………………………. https://www.sott.net/article/489199-Assanges-final-appeal-Your-man-in-the-public-gallery-part-2
DAY ONE: Assange Timeline Exposes US Motives
February 20, 2024
Julian Assange’s lawyers on Tuesday argued before the High Court about why the imprisoned publisher must be allowed to appeal against his extradition order, reports Joe Lauria.
By Joe Lauria, in London, Consortium News
On Day One of Julian Assange’s attempt to appeal Britain’s order to extradite him to the United States, his lawyers laid out a timeline that exposed U.S. motives to destroy the journalist who revealed their high-level state crimes.
Before two High Court judges in the cramped, wood-paneled Courtroom 5 at the Royal Courts of Justice, Assange’s lawyers argued on Tuesday that two judges had seriously erred in the case on a number of grounds necessitating an appeal of the home secretary’s decision to extradite Assange to the United States.
High to the left of the court, next to oak shelves with neat rows of law books, was an empty iron cage. The court said it had invited Assange to either attend in person or via video link from Belmarsh Prison, where he has been locked up on remand for nearly five years. But Assange said he was too ill take part in any capacity, his lawyers confirmed.
Vanessa Baraitser, the district judge who presided over Assange’s 2020 extradition hearing, and Jonathan Swift, a High Court judge, came in for heavy criticism from Assange’s lawyers. Baraitser in January 2021 ordered Assange released on health grounds.
But she refused him bail while the U.S. appealed. On the basis of assurances that it would not mistreat Assange in the United States, the High Court reversed Baraitser’s decision. The U.K. Supreme Court then refused to take Assange’s challenge of the legality of these assurance and the home secretary signed the extradition order.
Assange’s last avenue of appeal is of the home secretary’s order as well as Baraitser’s 2021 decision, in which, on every point of law and many of fact, she sided with the United States. The application to pursue this appeal was rejected by a single High Court judge, Swift, last June.
He permitted his rejection of the application to itself be appealed. That two-day hearing began Tuesday before Justice Jeremy Johnson and Dame Victoria Sharp.
The Timeline
Assange lawyer Mark Summers made a forceful argument that the United States in essence is treating Assange no differently than any authoritarian regime would deal with a dissident journalist who revealed its secret crimes.
“There was evidence before the district judge that this prosecution was motivated to punish and inhibit the exposure of American state-level crimes,” Summers told the court. “There was unchallenged evidence” during Baraitser’s 2020 extradition hearing “of crimes that sit at the apex of criminality,” he said.
He said there was a direct nexus between Assange’s work to expose U.S. crimes and the U.S. pursuing him. “This is a prosecution for those disclosures,” he said. “There is a straight-line correlation between those disclosures and the prosecution, but the district judge (Baraitser) addressed none of this and neither did Swift.”
Summers then sketched out a timeline of events showing successive stages of motivation for the United States to go after Assange. “There was compelling circumstantial evidence why the U.S. brought this case,” he said.
First, he said, there was no prosecution of Assange (despite the Obama administration empaneling a grand jury) until 2016, when the International Criminal Court announced it would look into possible U.S. crimes in Afghanistan, following Assange’s disclosures. The U.S. then denounced him as a political actor.
Summers said “that morphed into plans to kill or rendition Assange” from the Ecuadorian embassy, where he had asylum, following the Vault 7 release of C.I.A. spying tools in 2017.
The then new C.I.A. Director Mike Pompeo, in his first public appearance in that position, denounced WikiLeaks as a hostile, non-state intelligence service, a carefully chosen legal term, Summers said, that permitted taking covert action against a target without Congressional knowledge.
Because these plans to kill or rendition Assange, asked for by President Donald Trump, raised alarms with White House lawyers, a legal prosecution was pursued as a way to determine where to put Assange if he were renditioned to the U.S., Summers said.
“This prosecution only emerged because of that rendition plan,” he said. “And the prosecution that emerged is selective and it is persecution.” It was selective because even though other outlets, such as Freitag and cryptome.org,, had published the unredacted diplomatic cables first, Assange was the only one charged.
“This is not a government acting on good faith pursuing a legal” path, he said……………………………………
Assange lawyer Edward Fitzgerald called espionage, with which Assange is charged, a “pure political offense.” The issue is crucial to Assange’s defense because the U.S.-U.K. Extradition Treaty bars extraditions for political offenses.
However, the Extradition Act, Parliament’s implementing legislation of the Treaty, does not mention political offenses. Baraitser ruled that the Act and not the Treaty should take precedence.
Assange’s team has been arguing that he is wanted for a political crime and therefore the extradition should not proceed. They argued that the Act bars extradition for “political opinion,” which they equate with “political offense.
A considerable amount of time in the five-hour hearing was thus spent by Assange’s lawyers making the point that Assange’s charges are political. Fitzgerald argued that Britain has extradition treaties with 158 nations and in all but two (Kuwait and the UAE), political offenses are barred.
Assange’s work was to influence and change U.S. policy, Fitzgerald said, therefore his work was political and he could not be extradited for his political views or opinions.
Informants!
Justices Johnson and Sharp appeared to be not extremely well-versed in the Assange case and seemed at times surprised by what they were hearing from Assange’s lawyers. But they had been prepared on the U.S. view of Assange allegedly harming U.S. informants.
What they didn’t know is that Assange had actually spent time redacting the names of U.S. informants from the Diplomatic Cables, while WikiLeaks‘ mainstream partners in 2010 did not.
Justice Johnson asked before lunch whether there were cases where someone had published the names of informants and were not prosecuted. After the break, Summers offered the example of Philip Agee, the ex-C.I.A. agent who revealed undercover agents’ names, some of whom were harmed, but he was never indicted for it.
Summers also mentioned The New York Times publishing names of informants in the Pentagon Papers. “The New York Times was never prosecuted,” Summers said. However, Richard Nixon indeed empaneled a grand jury in Boston to indict Times reporters but after it was revealed the government tapped whistleblower Daniel Ellsberg’s phone — and thus also the reporters’ — the case was dropped.
Despite their apparent unfamiliarity with the Assange case both judges seemed intrigued by its serious political, legal and press freedom issues. They are senior judges who might be less susceptible to political pressure.
The Death Penalty
The judges may also have been surprised to learn that under U.S. law and practice, (in this case with agreement from the British government), new charges could be added to Assange’s indictment after he would arrive in America. The Espionage Act, for instance, carries a provision for the death penalty if committed during wartime.
Britain does not have the death penalty and cannot extradite someone who could face capital punishment. Though the U.S. could offer Britain diplomatic assurances that it would not seek the death penalty against Assange, so far it has refused.
Fitzgerald also seemed to shock the courtroom by speaking of instances in U.S. courts where someone convicted for one crime could at sentencing receive time for another offense he or she was never tried for.
He expressed concern that though Assange was never charged with the Vault 7 C.I.A. leak, he might still be sentenced for it. He also said that at sentencing the rules of admissibility could be discarded, for example to consider evidence that was obtained through surveillance.
First Amendment
The judges may have been surprised to hear that the U.S. prosecutor in Virginia has said he may deny Assange his First Amendment rights during trial on U.S. soil because he is not a U.S. citizen. Pompeo stated more categorically that Assange would be without First Amendment protection.
Stripping the right of free speech is a violation of Article 10 of the European Court of Human Rights, Assange’s lawyers argued.
What Strasbourg Would Do
Summers brought the court through a scenario in which the European Court of Human Rights had tried Chelsea Manning, instead of a U.S. military court. He said whistleblower protection laws in Europe had advanced to the point where he believed the court would have weighed the harm done by breaking a confidentiality agreement and the harm prevented by blowing the whistle…….
The overall strategy of Assange’s lawyers appeared to be to make it obvious to these judges that there are vast grounds for appeal as well as arguments to toss the case (such as evidence of C.I.A. spying on Assange’s privileged conversations with his lawyers)
Forseeable
Assange’s lawyers also argued that Article 7 of the European Convention on Human Rights says someone must foresee that their behavior is a crime before he or she could be charged with it.
They said Assange could not have known that publishing his classified disclosures could have led to prosecution under the Espionage Act because no journalist or publisher had ever been charged under it for possession and publication of classified material. Therefore a violation of Article 7 should bar extradition, they say……………………
The hearing continues on Wednesday with lawyers representing the United States presenting their arguments about why Assange should not be allowed to appeal. https://consortiumnews.com/2024/02/20/day-one-assange-timeline-exposes-us-motives/
—
Chris Hedges: Julian Assange’s Day in Court
The defense must convince the two judges that the District Judge made serious legal errors to see an appeal granted.
They argued that espionage is, as a matter of law, a political offense and that the extradition treaty with the U.S. prohibits extradition for political offenses. They focused on the extensive UK law, common law and international law that defines espionage as a “pure political offense” because e it is directed against a state apparatus. For this reason, those charged with espionage should be protected from extradition.
The hearing was, after those in 2020 that focused on Julian’s mental and psychological health, refreshing in that it discussed the crimes committed by the U.S. and the importance of making them public.
Julian Assange’s lawyers — in a final bid on Tuesday to stop his extradition — fought valiantly to poke holes in the case of the prosecution to obtain an appeal.
By Chris Hedges https://scheerpost.com/2024/02/21/chris-hedges-julian-assanges-day-in-court/
LONDON — By the afternoon the video link, which would have allowed Julian Assange to follow his final U.K. appeal to prevent his extradition, had been turned off. Julian, his attorneys said, was too ill to attend, too ill even to follow the court proceedings on a link, although it was possible he was no longer interested in sitting through another judicial lynching. The rectangular screen, tucked under the black wrought iron bars that enclosed the upper left hand corner balcony of the courtroom where Julian would have been caged as a defendant, was perhaps a metaphor for the emptiness of this long and convoluted judicial pantomime.
he arcane procedural rules — the lawyers in their curled blonde wigs and robes, the spectral figure of the two judges looking down on the court from their raised dais in their gray wigs and forked white collars, the burnished walnut paneled walls, the rows of lancet windows, the shelves on either side filled with law books in brown, green, red, crimson, blue and beige leather bindings, the defense lawyers, Edward Fitzgerald KC and Mark Summers KC, addressing the two judges, Dame Victoria Sharp and Justice Johnson, as “your lady” and “my lord” — were all dusty Victorian props employed in a modern Anglo-American show trial. It was a harbinger of a decrepit justice system that, subservient to state and corporate power, is designed to strip us of our rights by judicial fiat.
The physical and psychological disintegration of Julian, seven years trapped in the Ecuadorian Embassy in London and nearly five years held on remand in the high-security HM Prison Belmarsh, was always the point, what Nils Melzer the former U.N. Special Rapporteur on torture calls his “slow-motion execution.” Political leaders, and their echo chambers in the media, fall all over themselves to denounce the treatment of Alexei Navalny but say little when we do the same to Julian. The legal farce grinds forward like the interminable case of Jarndyce and Jarndyce in Charles Dickens’ novel Bleak House. It will probably grind on for a few more months — one can’t expect the Biden administration to add the extradition of Julian to all its other political woes. It may take months to issue a ruling, or grant one or two appeal requests, as Julian continues to waste away in HM Prison Belmarsh.
Julian’s nearly 15-year legal battle began in 2010 when WikiLeaks published classified military files from the wars in Iraq and Afghanistan — including footage showing a U.S. helicopter gunning down civilians, including two Reuters journalists in Baghdad. He took refuge in London’s Ecuadorian embassy, before being arrested by the Metropolitan Police in 2019 who were permitted by the Ecuadorian embassy to enter and seize him. He has been held for nearly five years in HM Prison Belmarsh.
Julian did not commit a crime. He is not a spy. He did not purloin classified documents. He did what we all do, although he did it in a far more important way. He published voluminous material, leaked to him by Chelsea Manning, which exposed U.S. war crimes, lies, corruption, torture and assassinations. He ripped back the veil to expose the murderous machinery of the U.S. empire.
The two-day hearing is Julian’s last chance to appeal the extradition decision made in 2022 by the then British home secretary, Priti Patel. On Wednesday the prosecution will make its arguments. If he is denied an appeal he can request the European Court of Human Rights (ECtHR) for a stay of execution under Rule 39, which is given in “exceptional circumstances” and “only where there is an imminent risk of irreparable harm.” But the British court may order Julian’s immediate extradition prior to a Rule 39 instruction or may decide to ignore a request from the ECtHR to allow Julian to have his case heard by the court.
District Judge Vanessa Baraitser in January 2021, at Westminster Magistrates’ Court, refused to authorize the extradition request. In her 132-page ruling, she found that there was a “substantial risk” Julian would commit suicide due to the severity of the conditions he would endure in the U.S. prison system. At the same time, she accepted all the charges leveled by the U.S. against Julian as being filed in good faith. She rejected the arguments that his case was politically motivated, that he would not get a fair trial in the U.S. and that his prosecution is an assault on the freedom of the press.
Baraitser’s decision was overturned after the U.S. government appealed to the High Court in London. Although the High Court accepted Baraitser’s conclusions about Julian’s “substantial risk” of suicide if he was subjected to certain conditions within a U.S. prison, it also accepted four assurances in U.S. Diplomatic Note no. 74, given to the court in February 2021, which promised Julian would be treated well. The “assurances” state that Julian will not be subject to Special Administrative Measure. They promise that Julian, an Australian citizen, can serve his sentence in Australia if the Australian government requests his extradition. They promise he will receive adequate clinical and psychological care. They promise that, pre-trial and post-trial, Julian will not be held in the Administrative Maximum Facility in Florence, Colorado.
Continue readingJapanese mafia boss conspired to traffic nuclear materials, says US
By Bernd Debusmann Jr, BBC News, Washington, 22 Feb 24
US prosecutors have charged an alleged member of the Japanese mafia with conspiring to traffic nuclear materials.
Takeshi Ebisawa, 60, tried to sell uranium and plutonium that he believed would be transferred to Iran to build a nuclear bomb, it is alleged.
Mr Ebisawa and a Thai co-defendant were previously hit with weapons and drug charges in April 2022.
He faces life imprisonment if convicted of the latest charges.
US authorities say Mr Ebisawa – who is being held in a Brooklyn jail – is a senior figure in the Japanese organised crime syndicate, known as the Yakuza, with operations in Sri Lanka, Myanmar, Thailand and the US.
The US Department of Justice said Mr Ebisawa and his “confederates showed samples of nuclear materials in Thailand” to an undercover agent from the US Drug Enforcement Agency (DEA)……………………………………………………………………………
Mr Ebisawa faces charges including conspiracy to commit international trafficking of nuclear materials, narcotics importation conspiracy, conspiracy to acquire, transfer and possess anti-aircraft missiles and money laundering.
His co-conspirator in the case – 61-year-old Thai national Somphop Singhasiri – is facing drugs and weapons charges.
Both are facing life in prison if convicted.
The pair will be arraigned in a New York federal courtroom on Thursday.
https://www.bbc.com/news/world-us-canada-68365597
Julian Assange judge previously acted for MI6
The judge set to rule on the Assange extradition case was previously paid to represent the interests of MI6 and the Ministry of Defence – whose activities WikiLeaks has exposed.
MARK CURTIS AND JOHN MCEVOY, 19 FEBRUARY 2024
One of the two High Court judges who will rule on Julian Assange’s bid to stop his extradition to the US represented the UK’s Secret Intelligence Service (MI6) and the Ministry of Defence, Declassified has found.
Justice Jeremy Johnson has also been a specially vetted barrister, cleared by the UK authorities to access top secret information.
Johnson will sit with Dame Victoria Sharp, his senior judge, to decide the fate of the WikiLeaks co-founder. If extradited, Assange faces a maximum sentence of 175 years.
His persecution by the US authorities has been at the behest of Washington’s intelligence and security services, with whom the UK has deep relations.
His persecution by the US authorities has been at the behest of Washington’s intelligence and security services, with whom the UK has deep relations.
Assange’s journalistic career has been marked by exposing the dirty secrets of the US and UK national security establishments. He now faces a judge who has acted for, and received security clearance from, some of those same state agencies.
As with previous judges who have ruled on Assange’s case, this raises concerns about institutional conflicts of interest.
Exactly how much Johnson has been paid for his work for government departments is not clear. Records show he was paid twice by the Government Legal Department for his services in 2018. The sum was over £55,000.
Briefed by MI6
Justice Johnson became a deputy High Court judge in 2016 and a full judge in 2019. His biography states he has been “often acting in cases involving the police and government departments”.
As a barrister, in 2007 he represented MI6 as an observer during the inquests into the deaths of Princess Diana and Dodi Al Fayed.
Johnson worked alongside Robin Tam QC, previously described by legal directories as a barrister who “does an enormous amount of often sensitive work” for the UK government…………………………………………………….
Defending the ministry
Johnson has also represented the UK Ministry of Defence (MoD) on at least two occasions.
In 2013, he acted for the department during the high-profile Al-Sweady inquiry, which looked into allegations that “British soldiers torture and unlawfully killed Iraqi prisoners” in 2004.
The MoD’s lawyers said the Iraqi allegations were a “product of lies” and that those making the claims “were guilty of a criminal conspiracy”.
Johnson argued there was “compelling and extensive and independent forensic evidence” to refute the case. The five-year inquiry, which cost around £25m, exonerated the British troops.
Johnson also acted for the MoD in 2011, in an appeal case against Shaun Wood, a Royal Air Force (RAF) serviceman. ………………………….
‘Highest security clearance’
Johnson was appointed by the Attorney General to be a “special advocate” in around 2007, Declassified understands. These are specially vetted barristers who act for the purpose of hearing secret evidence in a closed court.
Special advocates “must undergo and obtain Developed Vetting (the highest level of HM Government security clearance) prior to their appointment”, government guidance states.
Developed Vetting is required for individuals having “frequent and uncontrolled access to TOP SECRET assets or require any access to TOP SECRET codeword material”. ………………………………………………………………………………………………………………………….. https://www.declassifieduk.org/julian-assange-judge-previously-acted-for-mi6/
After years of avoiding extradition, Julian Assange’s appeal is likely his last chance. Here’s how it might unfold (and how we got here)
On February 20 and 21, Julian Assange will ask the High Court of England and Wales to reverse a decision from June last year allowing the United Kingdom to extradite him to the United States.
There he faces multiple counts of computer misuse and espionage stemming from his work with WikiLeaks, publishing sensitive US government documents provided by Chelsea Manning. The US government has repeatedly claimed that Assange’s actions risked its national security.
This is the final avenue of appeal in the UK, although Stella Assange, Julian’s wife, has indicated he would seek an order from the European Court of Human Rights if he loses the application for appeal. The European Court, an international court that hears cases under the European Convention on Human Rights, can issue orders that are binding on convention member states. In 2022, an order from the court stopped the UK sending asylum seekers to Rwanda pending a full review of the relevant legislation.
The extradition process has been running for nearly five years. Over such a long time, it’s easy to lose track of the sequence of events that led to this. Here’s how we got here, and what might happen next.
Years-long extradition attempt
From 2012 until May 2019, Assange resided in the Ecuadorian embassy in London after breaching bail on unrelated charges. While he remained in the embassy, the police could not arrest him without the permission of the Ecuadorian government.
In 2019, Ecuador allowed Assange’s arrest. He was then convicted of breaching bail conditions, and imprisoned in Belmarsh Prison, where he’s remained during the extradition proceedings. Shortly after his arrest, the United States laid charges against Assange and requested his extradition from the United Kingdom.
Assange immediately challenged the extradition request. After delays due to COVID, in January 2021, the District Court decided the extradition could not proceed because it would be “oppressive” to Assange.
The ruling was based on the likely conditions that Assange would face in an American prison and the high risk that he would attempt suicide. The court rejected all other arguments against extradition.
The American government appealed the District Court decision. It provided assurances on prison conditions for Assange to overcome the finding that the extradition would be oppressive. Those assurances led to the High Court overturning the order stopping extradition. Then the Supreme Court (the UK’s top court) refused Assange’s request to appeal that ruling.
The extradition request then passed to the home secretary, who approved it. Assange appealed the home secretary’s decision, which a single judge of the High Court rejected in June 2023.
This appeal is against that most recent ruling and will be heard by a two-judge bench. These judges will only decide whether Assange has grounds for appeal. If they decide in his favour, the court will schedule a full hearing of the merits of the appeal. That hearing would come at the cost of further delay in the resolution of his case.
Growing political support
Parallel to the legal challenges, Assange’s supporters have led a political campaign to stop the prosecution and the extradition. One goal of the campaign has been to persuade the Australian government to argue Assange’s case with the American government.
Cross-party support from individual parliamentarians has steadily grown, led by independent MP Andrew Wilkie. Over the past two years, the government, including the foreign minister and the prime minister, have made stronger and clearer statements that the prosecution should end.
On February 14, Wilkie proposed a motion in support of Assange, seconded by Labor MP Josh Wilson. The house was asked to “underline the importance of the UK and USA bringing the matter to a close so that Mr Assange can return home to his family in Australia.” It was passed.
In addition, Attorney-General Mark Dreyfus confirmed he had recently raised the Assange prosecution with his American counterpart, who has the authority to end it.
What will Assange’s team argue?
For the High Court appeal, it is expected Assange’s legal team will once again argue the extradition would be oppressive and that the American assurances are inadequate. A recent statement by Alice Edwards, the United Nations Special Rapporteur on Torture, supports their argument that extradition could lead to treatment “amounting to torture or other forms of ill-treatment or punishment”. She rejected the adequacy of American assurances, saying:
They are not legally binding, are limited in their scope, and the person the assurances aim to protect may have no recourse if they are violated.
The argument that extradition would be oppressive remains the strongest ground for appeal. However, it is likely Assange’s lawyers will also repeat some of the arguments which were unsuccessful in the District Court proceedings.
One argument is that the charges against Assange, particularly the espionage charges, are political offences. The United States–United Kingdom extradition treaty does not allow either state to extradite for political offences.
Assange is also likely to re-run the argument that his leaks of classified documents were exercises of his right to freedom of expression under the European Convention on Human Rights. To date, the European Court of Human Rights has never found that an extradition request violates freedom of expression. For the High Court to do so would be an innovative ruling.
The High Court will hear two days of legal argument and might not give its judgement immediately, but it will probably be delivered soon after the hearing. Whatever the decision, Assange’s supporters will continue their political campaign, supported by the Australian government, to stop the prosecution.
Chris Hedges: Julian Assange’s Final Appeal
Julian Assange will make his final appeal this week to the British courts to avoid extradition. If he is extradited it is the death of investigations into the inner workings of power by the press.
By Chris Hedges / ScheerPost, 18 Feb 24
LONDON — If Julian Assange is denied permission to appeal his extradition to the United States before a panel of two judges at the High Court in London this week, he will have no recourse left within the British legal system. His lawyers can ask the European Court of Human Rights (ECtHR) for a stay of execution under Rule 39, which is given in “exceptional circumstances” and “only where there is an imminent risk of irreparable harm.” But it is far from certain that the British court will agree. It may order Julian’s immediate extradition prior to a Rule 39 instruction or may decide to ignore a request from the ECtHR to allow Julian to have his case heard by the court.
The nearly 15-year-long persecution of Julian, which has taken a heavy toll on his physical and psychological health, is done in the name of extradition to the U.S. where he would stand trial for allegedly violating 17 counts of the 1917 Espionage Act, with a potential sentence of 170 years.
Julian’s “crime” is that he published classified documents, internal messages, reports and videos from the U.S. government and U.S. military in 2010, which were provided by U.S. army whistleblower Chelsea Manning. This vast trove of material revealed massacres of civilians, torture, assassinations, the list of detainees held at Guantanamo Bay and the conditions they were subjected to, as well as the Rules of Engagement in Iraq. Those who perpetrated these crimes — including the U.S. helicopter pilots who gunned down two Reuters journalists and 10 other civilians and severely injured two children, all captured in the Collateral Murder video — have never been prosecuted.
Julian exposed what the U.S. empire seeks to airbrush out of history.
Julian’s persecution is an ominous message to the rest of us. Defy the U.S. imperium, expose its crimes, and no matter who you are, no matter what country you come from, no matter where you live, you will be hunted down and brought to the U.S. to spend the rest of your life in one of the harshest prison systems on earth. If Julian is found guilty it will mean the death of investigative journalism into the inner workings of state power. To possess, much less publish, classified material — as I did when I was a reporter for The New York Times — will be criminalized. And that is the point, one understood by The New York Times, Der Spiegel, Le Monde, El País and The Guardian, who issued a joint letter calling on the U.S. to drop the charges against him.
Australian Prime Minister Anthony Albanese and other federal lawmakers voted on Thursday for the United States and Britain to end Julian’s incarceration, noting that it stemmed from him “doing his job as a journalist” to reveal “evidence of misconduct by the U.S.”
The legal case against Julian, which I have covered from the beginning and will cover again in London this week, has a bizarre Alice-in-Wonderland quality, where judges and lawyers speak in solemn tones about law and justice while making a mockery of the most basic tenants of civil liberties and jurisprudence.
How can hearings go forward when the Spanish security firm at the Ecuadorian Embassy, UC Global, where Julian sought refuge for seven years, provided videotaped surveillance of meetings between Julian and his lawyers to the CIA, eviscerating attorney-client privilege? This alone should have seen the case thrown out of court.
How can the Ecuadorian government led by Lenin Moreno violate international law by rescinding Julian’s asylum status and permit London Metropolitan Police into the Ecuadorian Embassy — sovereign territory of Ecuador — to carry Julian to a waiting police van?
Why did the courts accept the prosecution’s charge that Julian is not a legitimate journalist?
Why did the United States and Britain ignore Article 4 of their Extradition Treaty that prohibits extradition for political offenses?
How is the case against Julian allowed to go ahead after the key witness for the United States, Sigurdur Thordarson – a convicted fraudster and pedophile – admitted to fabricating the accusations he made against Julian?
How can Julian, an Australian citizen, be charged under the U.S. Espionage Act when he did not engage in espionage and wasn’t based in the U.S when he received the leaked documents?
Why are the British courts permitting Julian to be extradited to the U.S. when the CIA — in addition to putting Julian under 24-hour video and digital surveillance while in the Ecuadorian Embassy — considered kidnapping and assassinating him, plans that included a potential shoot-out on the streets of London with involvement by the Metropolitan Police?
How can Julian be condemned as a publisher when he did not, as Daniel Ellsberg did, obtain and leak the classified documents he published?
Why is the U.S. government not charging the publisher of The New York Times or The Guardian with espionage for publishing the same leaked material in partnership with WikiLeaks?
Why is Julian being held in isolation in a high-security prison without trial for nearly five years when his only technical violation of the law is breaching bail conditions when he sought asylum in the Ecuadorian Embassy? Normally this would entail a fine. ………………………………………………………………………………………………………………………….
Julian’s lawyers will attempt to convince two High Court judges to grant him permission to appeal a number of the arguments against extradition which Judge Baraitser dismissed in January 2021. His lawyers, if the appeal is granted, will argue that prosecuting Julian for his journalistic activity represents a “grave violation” of his right to free speech; that Julian is being prosecuted for his political opinions, something which the U.K.-U.S. extradition treaty does not allow; that Julian is charged with “pure political offenses” and the U.K.-U.S. extradition treaty prohibits extradition under such circumstances; that Julian should not be extradited to face prosecution where the Espionage Act “is being extended in an unprecedented and unforeseeable way”; that the charges could be amended resulting in Julian facing the death penalty; and that Julian will not receive a fair trial in the U.S. They are also asking for the right to introduce new evidence about CIA plans to kidnap and assassinate Julian.
If the High Court grants Julian permission to appeal, a further hearing will be scheduled during which time he will argue his appeal grounds. If the High Court refuses to grant Julian permission to appeal, the only option left is to appeal to the ECtHR. If he is unable to take his case to the ECtHR he will be extradiated to the U.S.
…………………………………………………………………………………………………………………………….. No other contemporary journalist has come close to matching his revelations.
Julian is the first. We are next. https://scheerpost.com/2024/02/18/chris-hedges-julian-assanges-final-appealchris-hedges/—
ICJ Hearings to Examine 57 Years of Israeli Occupation of Palestine
“Decades of injustice will finally face scrutiny,” said U.N. human rights official Francesca Albanese ahead of next week’s Hague hearings on the legal consequences of Israel’s illegal occupation.
Brett Wilkins, Common Dreams, 16 Feb 24 ,
https://www.commondreams.org/news/israeli-occupation
More than 50 countries are set to participate in next week’s hearings at the International Court of Justice focusing on Israel’s illegal 57-year occupation of Palestine, a forum that follows the Hague tribunal’s finding last month that Israel is “plausibly” committing genocide in occupied Gaza.
The ICJ—also known as the World Court—will hold a week of hearings on the legal consequences of Israel’s occupation of Palestine, which dates to the Israeli conquest of the West Bank, East Jerusalem, Gaza Strip, Syrian Golan Heights, and Egyptian Sinai Peninsula during the 1967 Six-Day War.
“The International Court of Justice is set for the first time to broadly consider the legal consequences of Israel’s nearly six-decades-long occupation and mistreatment of the Palestinian people,” Human Rights Watch senior legal adviser Clive Baldwin said in a statement. “Governments that are presenting their arguments to the court should seize these landmark hearings to highlight the grave abuses Israeli authorities are committing against Palestinians, including the crimes against humanity of apartheid and persecution.”
The West Bank, East Jerusalem, and Golan Heights remain under Israeli military occupation six decades after their conquest. The United Nations—to which the ICJ belongs—and many international NGOs contend that, despite removing its troops and settlers from Gaza two decades ago, Israel continues to occupy Gaza by controlling the besieged enclave’s airspace, territorial waters, and the entry and exit of people and goods.
Since the October 7 Hamas-led attacks on Israel, the Israeli Defense Forces (IDF) have killed or wounded more than 100,000 Palestinians in Gaza while forcibly displacing around 90% of the population. Numerous Israeli leaders have called for the renewed physical occupation, Jewish resettlement, and ethnic cleansing of the strip.
During the current assault on Gaza, occupation forces have also killed at least 388 Palestinians, including 99 children, in the West Bank, according to U.N. human rights officials.
Israeli settlers have for decades been steadily colonizing the occupied territories under the protection of the IDF, while ethnically cleansing Palestinians whose lands and homes they steal.
Next week’s hearings come on the heels of the ICJ’s provisional ruling last month in a case led by South Africa—which will be the first nation after Palestine to present at next week’s hearing—that Israel is “plausibly” committing genocide in Gaza. The tribunal ordered Israel to “take all measures within its power” to adhere to its obligations under Article II of the Genocide Convention.
Earlier this week, South Africa urgently appealed to the ICJ to act amid the looming threat of an Israeli ground invasion of Rafah. More than 1.5 million Palestinians, most of them refugees ordered to flee to the south of Gaza by invading Israeli forces, are crammed into what is now one of the world’s most densely populated places.
On Friday, the ICJ declined to take any additional action against Israel, while reiterating that the “perilous situation” in Rafah “demands immediate and effective implementation of the provisional measures indicated by the court” in last month’s ruling.
Biden & Blinken – Rule of Illegal Power Over Rule of Law
By Ralph Nader, February 16, 2024,
more https://nader.org/2024/02/16/biden-blinken-rule-of-illegal-power-over-rule-of-law/
Among the puzzling questions that the media chooses to ignore is asking high government officials why they are exercising the illegal use of power that violates the rule of law which they are required to obey.
This week, the Veterans for Peace (VFP) made it very easy for reporters to pose questions by sending an open letter (See veteransforpeace.org) to the Inspector General of the U.S. State Department and Antony Blinken, Secretary of State, invoking several U.S. statutes that require the “termination of provision of military weapons and munitions to Israel.”
Josh Paul, a former senior official in the State Department’s office charged with reviewing weapon transfers to foreign countries, said: “The Secretary and all relevant officials under his purview should take this letter from Veterans for Peace with the utmost seriousness. It is a stark reminder of the importance of abiding by the laws and policies that relate to arms transfers.”
What laws are being violated by the State Department daily as it approves ships and cargo planes full of weapons of mass destruction to be used in Israel’s war crimes and genocide against hundreds of thousands of Gaza’s civilians, mostly children and women?
These are the laws highlighted in the VFP letter:
- The Foreign Assistance Act, which forbids the provision of assistance to a government which “engages in a consistent pattern of gross violations of internationally recognized human rights.”
- Arms Export Control Act, which says countries that receive US military aid can only use weapons for legitimate self-defense and internal security. Israel’s genocidal campaign in Gaza goes way beyond self-defense and internal security.
- The U.S. War Crimes Act, which forbids grave breaches of the Geneva Conventions, including wilful killing, torture or inhuman treatment, wilfully causing great suffering or serious injury to body or health, and unlawful deportation or transfer, perpetrated by the Israeli Occupying Forces.
- The Leahy Law, which prohibits the U.S. Government from using funds for assistance to units of foreign security forces where there is credible information implicating that unit in the commission of gross violations of human rights.
- The Genocide Convention Implementation Act, which was enacted to implement U.S. obligations under the Genocide Convention, provides for criminal penalties for individuals who commit or incite others to commit genocide
Under these laws, the State Department has a “Conventional Arms Transfer Policy” which, the letter notes, “prohibit [U.S. weapons transfers when it’s likely they] will be used by Israel to commit … genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, [including attacks intentionally directed against civilian objects or civilians protected] or other serious violations of international humanitarian or human rights laws.”
The VFP letter continues, “Dozens of authoritative complaints and referrals made by hospital administrators in Gaza, as well as by Amnesty International, Human Rights Watch, Palestine Authority, South Africa, Turkey, Medicins san Frontieres, UNRWA, UNICEF, the Secretary-General of the United Nations, the Norwegian Refugee Council and the World Food Programme have confirmed that there is an ongoing human rights and humanitarian disaster due to Israel’s cutoff of water and electricity, deliberate destruction of sewage infrastructure and delaying of aid shipments by Israeli forces.”
If you are wondering why these laws are not being enforced – the answer is that individual citizens or groups of citizens do not have any “legal standing” to sue Secretary Blinken, according to the U.S. Supreme Court. Only a Committee of Congress, backed by a Senate or House Resolution, can take the State Department to federal court. That action to enforce Congressionally passed and enacted laws is not likely to happen in this lawless, Israeli government-indentured Congress which refuses even to demand a ceasefire.
Mike Ferner, VFP National Director, observed “Just as any good soldiers can recognize when they are given an unlawful order, we believe some State Department staff are horrified at the orders they’re given and will decide to uphold the law, find the courage to speak out and demand an end to the carnage.”
There is a related serious matter, pointed out by international law practitioner, Bruce Fein who said “The United States has clearly become a co-belligerent with Israel in its war against Hamas-Gaza Palestinians by systematically supplying the IDF with weapons and intelligence without conditions. Under the Fourth Geneva Convention, nationals of a co-belligerent state are not regarded as protected persons if their state has customary diplomatic relations with an allied nation [in this case, Israel].”
For decades, the State Department has had an independent Office of the Legal Adviser. The present occupant of that post, acting legal adviser Richard C. Visek has been publicly silent. I am sending the Veterans for Peace letter to him and asking him to respond to this letter and to the American people who pay his salary.
Julian Assange’s Final Appeal at the Royal Courts of Justice 20-21 Feb. What to Expect.
Day X is here! Julian Assange’s Final Appeal at the Royal Courts of Justice.
STELLA ASSANGE, FEB 19, 2024, Stella Assange – The Fight to Save my Husband
The new public hearing dates are upon us. We will be gathering outside the Royal Courts of Justice on Tuesday and Wednesday, 20-21 February. It may be the final chance for the UK to stop Julian’s extradition.
Date: 20-21 February 2024
Location: Royal Courts of Justice
Time: 8:30 am GMT
On Wed 21 Feb, there will be a march to Downing St after the hearing.
Here’s what to expect on the two days.
Meet our presenters that will be live outside the Royal Courts of Justice…………………….
JADC (The Committee to Defend Julian Assange), one of the oldest grassroots groups here in the UK will be helping us to sell T-shirts, bags, badges and our new hoodies. So, make sure to come by and say hi to Emmy and Jeannie who will be manning our table.
There will be speakers throughout the two days! Including:
Apsana Begum
Tim Dawson
John Hendy
Richard Burgon
Peter Oborne
Jeremy Corbyn
John McDonnell
Zarah Sultana
Chris Hedges
Andrew Feinstein
Andrew Wilkie
Tariq Ali
Rebecca Vincent
Ben Westwood
PEN International
Clare Daley
Mick Wallace
Chip Gibbons
Here’s how you can help………………………………………..
1 This Month
of the week– Nuclear Reactor Information Task Force
14 May – online event From Bombs to Data Centres: the Face of Nuclear Colonialism
To see nuclear-related stories in greater depth and intensity – go to https://nuclearinformation.wordpress.com
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