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April 19, 2022

After Undermining International Criminal Court, US Now Wants It to Charge Russians

Although the United States has tried mightily to undermine the International Criminal Court (ICC) since it became operational in 2002, the U.S. government is now pushing for the ICC to prosecute Russian leaders for war crimes in Ukraine. Apparently, Washington thinks the ICC is reliable enough to try Russians but not to bring U.S. or Israeli officials to justice.

On March 15, the Senate unanimously passed S. Res 546, which “encourages member states to petition the ICC or other appropriate international tribunal to take any appropriate steps to investigate war crimes and crimes against humanity committed by the Russian Armed Forces.”

When he introduced the resolution, Sen. Lindsey Graham (R-South Carolina) said, “This is a proper exercise of jurisdiction. This is what the court was created for.” The United States has refused to join the ICC and consistently tries to undercut the court. Yet a unanimous U.S. Senate voted to utilize the ICC in the Ukraine conflict.

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April 7, 2022

Federal Judge’s Opinion May Compel DOJ to Bring Criminal Charges Against Trump

Donald Trump and his lawyer, former Chapman law school dean John Eastman, launched “a coup in search of a legal theory,” U.S. District Court Judge David O. Carter recently wrote in his stunning 44-page opinion. Carter found it “more likely than not” that Trump committed two federal crimes to further his and Eastman’s “campaign to overturn a democratic election, an action unprecedented in American history.”

Carter’s opinion provides a road map for Attorney General Merrick Garland’s Department of Justice to bring criminal charges against Trump. Although the House of Representatives Select Committee to Investigate the January 6 Attack on the U.S. Capitol (“Select Committee”) can send a criminal referral to the Justice Department, only the department can file a criminal indictment.

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March 28, 2022

GOP Senators Use Jackson Hearing to Agitate Their Base Before Election Campaigns

Judge Ketanji Brown Jackson is inching toward confirmation as a Supreme Court Justice after sailing with strength and grace through days of racist and disrespectful attacks by GOP senators. Conservative Democrat Joe Manchin has now signaled that he will vote to confirm Jackson, showing that the often fractured Democratic senators are uniting to support her confirmation.

Although Judge Jackson is exceptionally qualified to sit on the Supreme Court, she was subjected to snide, condescending and racist attacks by Republican members of the Senate Judiciary Committee during her confirmation hearing this week. Jackson remained remarkably unflappable in the face of grueling questions and hostile, vicious assaults.

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March 18, 2022

Extradition Looms for Assange After UK Supreme Court Refuses to Hear His Appeal

The British judicial system has erected still another barrier to Julian Assange’s freedom. On March 14, the U.K. Supreme Court refused to hear Assange’s appeal of the U.K. High Court’s ruling ordering his extradition to the United States. If extradited to the U.S. for trial, Assange will face 17 charges under the Espionage Act and up to 175 years in prison for revealing evidence of U.S. war crimes.

With no explanation of its reasoning, the Supreme Court denied Assange “permission to appeal” the High Court’s decision, saying that Assange’s appeal did not “raise an arguable point of law.” The court remanded the case back to the Westminster Magistrates’ Court, which is the same court that denied the U.S. extradition request on January 4, 2021.

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March 9, 2022

Supreme Court Says Torture at CIA Black Site Is a “State Secret”

Abu Zubaydah, whom the CIA once mistakenly alleged was a top al-Qaeda leader, was waterboarded 80+ times, subjected to assault in the form of forced rectal exams, and exposed to live burials in coffins for hundreds of hours. Zubaydah sobbed, twitched and hyperventilated. During one waterboarding session, he became completely unresponsive, with bubbles coming out of his mouth. “He became so compliant that he would prepare for waterboarding at the snap of a finger,” Neil Gorsuch wrote in his 30-page dissent in United States v. Zubaydah.

On March 3, in a 6-3 decision, the Supreme Court dismissed Zubaydah’s petition requesting the testimony of psychologists James Mitchell and John Jessen, whom the CIA hired to orchestrate his torture at a secret CIA prison (“CIA black site”) in Poland from December 2002 until September 2003. Zubaydah was transferred to other CIA black sites before being sent to Guantánamo in 2006, where he remains today with no charges against him.

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March 2, 2022

Here’s an Action the UN General Assembly Can Take Against Russia’s Invasion

As the Russian military continues to mount rocket attacks that target Ukraine’s airports and military installations, and as its ground troops advance, reportedly firing missiles and long-range artillery, what can the United Nations do to stop the violence, protect civilians and work to achieve a diplomatic path to peace?

The UN Security Council is not able to act to restore international peace and security due to Russia’s veto of its resolution. But given the fact that Russia did not act in self-defense or with Security Council approval — and thus its military actions constitute illegal aggression — there is a step that the UN General Assembly could and should take immediately to promote a ceasefire, a withdrawal of Russian troops from Ukraine, and the pursuit of a diplomatic solution.

Under the Uniting for Peace resolution, when the Security Council is unable to act due to the lack of unanimity of its five permanent members, the General Assembly can take up the matter to restore international peace and security, even ordering the use of force. On February 27, the Security Council referred the matter of Ukraine to the General Assembly under Uniting for Peace.

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February 25, 2022

US Stokes Tensions With Russia by Building Military Base 100 Miles From Border

On February 21, after Russian President Vladimir Putin recognized the independence and sovereignty of the Donetsk People’s Republic (DPR) and the Luhansk People’s Republic (LPR), he sent troops into those regions to carry out what he called “peacekeeping functions.” This was undertaken in response to actions that Russia characterized as a Ukranian government offensive.

During the previous weekend, Ukraine had significantly increased fire against residential sections of DPR and LPR, reportedly launching 1,600 projectiles and killing civilians. Nikolai Pankov, deputy Russian defense minister, said that Ukraine has 60,000 troops prepared to attack DPR and LPR, an intention Ukraine has denied.

United Nations Secretary-General António Guterres characterized “the decision of the Russian Federation to be a violation of the territorial integrity and sovereignty of Ukraine and inconsistent with the principles of the Charter of the United Nations.”

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February 7, 2022

Biden Should Replace Breyer With a True Progressive

As we await President Joe Biden’s nomination to fill the Supreme Court seat that Stephen Breyer will vacate this summer, many commentators are saying the nominee will not alter the ideological balance of the court. The 6 to 3 split in favor of the right-wingers will not change. But each new member transforms the dynamics of the court. “The Court changes every time there’s a new face. The dynamics are different” when a new justice joins the court; “that is the way the system works,” Justice Harry Blackmun told Professor Philippa Strum in a 1993 interview. Biden has a golden opportunity to replace Breyer with a progressive justice — one who could help lay the foundation for a political shift in the future.

An examination of Breyer’s voting record in the areas of criminal justice and civil rights reveals that he has been out of step with his fellow liberals on the court.

Breyer cast a smaller percentage of liberal votes than any other Democratic appointee with whom he served on the court (Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan), according to a January 24, 2022, report by professors Lee Epstein, Andrew Martin and Kevin Quinn.

This divide between Breyer and his liberal colleagues is particularly apparent in cases involving defendants’ rights and civil rights litigation.

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January 27, 2022

Julian Assange Can Now Seek Appeal Against US Extradition to Top UK Court

On January 24, 2022, the British High Court of Justice allowed WikiLeaks publisher Julian Assange to ask the U.K. Supreme Court to hear his appeal of the extradition order. In December 2021, the High Court had overturned U.K. District Judge Vanessa Baraitser’s January 2021 ruling denying the U.S. request for extradition.

Following a three-week evidentiary hearing, Baraitser concluded that if extradited to the United States for trial, Assange was very likely to commit suicide because of his mental state and the harsh conditions of confinement under which he would be held.

During that hearing, the Biden administration didn’t provide the judge with any assurances that Assange would not be held in near-isolation in U.S. prisons. It was only after Baraitser denied extradition that the U.S. government came forward with “assurances” that Assange wouldn’t be subject to special administrative measures (SAMs) or be held in the ADX supermax prison in Florence, Colorado. But those so-called assurances contained a loophole. They would be null and void if Assange were to commit a “future act” that “met the test” for the imposition of SAMs.

The late timing of the U.S. assurances precluded Assange’s defense from arguing that they were unreliable. Nevertheless, the High Court accepted the Biden administration’s 11th-hour assurances and ruled that Assange could be extradited to the United States.

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January 26, 2022

Veterans For Peace Urges US to Rejoin Iran Deal and Negotiate With North Korea

January 22 marked one year since the UN Treaty on the Prohibition of Nuclear Weapons (TPNW), which the U.S. has refused to sign, became a binding treaty. To commemorate that anniversary and in anticipation of the impending release of the Biden administration’s Nuclear Posture Review, Veterans For Peace (VFP), a non-governmental organization that exposes the costs and consequences of militarism and war and seeks peaceful, effective alternatives, issued its own Nuclear Posture Review (NPR).

The Pentagon’s 2018 NPR says the United States can use nuclear weapons in response to non-nuclear attacks, including cyberattacks, in “extreme circumstances to defend the vital interests of the United States, its allies and partners.” This would allow the U.S. to engage in the “first use” of nuclear weapons. Anti-nuclear activists are pushing Joe Biden to reverse Donald Trump’s policies set forth in the 2018 NPR, including the first-use policy. Moreover, first use of nuclear weapons violates international law. It would also spell disaster for the survival of the planet.

VFP’s 10-page NPR replaces the goal of “full spectrum dominance” over the globe with “full spectrum cooperation.” It calls on the U.S. to implement a verifiable No First Use policy, take nuclear missiles off hair-trigger alert and remove the sole authority of the president to launch a nuclear war. VFP urges the United States to begin good faith negotiations with the goal to eliminate all nuclear weapons and take immediate measures to decrease the risk of an accidental nuclear war. It also calls on the U.S. to sign the TPNW.

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