blog

March 11, 2020

Team Trump Tried to Bully the ICC Into Dropping War Crimes Probe But Failed

After the prosecutor of the International Criminal Court (ICC) found a reasonable basis to believe that U.S. military and CIA leaders committed war crimes and crimes against humanity in Afghanistan, Team Trump threatened to ban ICC judges and prosecutors from the U.S. and warned it would impose economic sanctions on the Court if it launched an investigation.

Apparently succumbing to the U.S. threats, in April 2019, the ICC’s Pretrial Chamber refused to authorize the investigation that prosecutor Fatou Bensouda had requested.

But in an unprecedented decision, the Appeals Chamber unanimously overruled the Pretrial Chamber on March 5, 2020, and ordered a formal investigation of U.S., Afghan and Taliban officials for war crimes, including torture, committed in the “war on terror.”

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March 5, 2020

Trump’s Afghanistan Deal Prioritizes Bragging Rights Over Lasting Peace

It’s true that the Trump administration signed a “peace deal” with the Taliban — something that eluded both George W. Bush and Barack Obama — but a closer look at the agreement reveals it to be riddled with conditions that are fraught with obstacles.

The terms of the deal suggest that Trump is more interested in boasting that he’s fulfilling his campaign promise to bring the troops home than he is committed to achieving real peace in Afghanistan. This fact has also been noted by Trump’s former national security aides, some of whom have said that the president “is far less interested in an actual Afghan peace” than in claiming he is making good on his vow to withdraw the U.S. troops.

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February 28, 2020

If Venezuelan Embassy Protectors Are Retried, Jury Should Hear About US Crimes

On February 28, federal prosecutors will announce whether they plan to retry four people who spent 37 days in the Venezuelan embassy in Washington, D.C., in the spring of 2019 to protect it from an illegal invasion by the U.S. government. The first trial of Adrienne Pine, Margaret Flowers, Kevin Zeese and David Paul, who were charged with “interfering with the protective functions” of the State Department, ended in a hung jury on February 14.

The Trump administration has been trying to engineer a coup d’état against the lawfully elected Venezuelan government of Nicolás Maduro and install the U.S. puppet Juan Guaidó. To that end, Washington continues to impose unlawful, punishing sanctions against Venezuela that have contributed to “the largest economic collapse in a country outside of war since at least the 1970s,” according to The New York Times. The sanctions have led to the deaths of at least 40,000 Venezuelans. On February 13, Venezuela filed a complaint against the United States in the International Criminal Court, claiming that the sanctions constitute crimes against humanity.

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February 26, 2020

Arguments About Bloomberg’s “Electability” Overlook His Racism and Misogyny

As billionaire Michael Bloomberg endeavors to buy his way to the presidency, some pundits continue to speculate that he has the best chance of defeating Donald Trump, even after his abysmal debate performance in Nevada. Bloomberg’s campaign says Bernie Sanders is the only candidate standing in the way of Bloomberg winning the nomination and beating Trump.

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February 19, 2020

Extradition of Assange Would Set a Dangerous Precedent

The Trump administration is seeking extradition of WikiLeaks founder Julian Assange to the United States for trial on charges carrying 175 years in prison. On February 24, a court in the U.K. will hold a hearing to determine whether to grant Trump’s request. The treaty between the U.S. and the U.K. prohibits extradition for a “political offense.” Assange was indicted for exposing U.S. war crimes in Iraq and Afghanistan. That is a classic political offense. Moreover, Assange’s extradition would violate the legal prohibition against sending a person to a country where he is in danger of being tortured.

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January 30, 2020

Dershowitz Is Wrong — Abuse of Power Is Grounds for Impeachment

Alan Dershowitz, the Harvard emeritus law professor who is serving as a hired gun for Team Trump, is arguing that even if John Bolton testifies that Trump admitted the quid pro quo with Ukraine to him, the Senate could not remove the president from office. Dershowitz has gone so far as to say that even if Trump told Bolton he was withholding the congressionally authorized military aid to Ukraine until it helped him with an investigation of the Bidens, that is still not impeachable conduct.

Contrary to the overwhelming weight of scholarly legal thought, Dershowitz has claimed that “high crimes and misdemeanors” is limited to offenses prohibited by statute. He told senators that abuse of power and obstruction of Congress, for which Trump was impeached, are not grounds for impeachment.

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January 24, 2020

First the Trial, Then the Evidence? Impeachment in Wonderland.

In a scene straight out of Alice’s Adventures in Wonderland, the GOP-controlled Senate has refused to allow timely testimony from witnesses who had front row seats to Donald Trump’s abuse of power. The senators voted 53-47, strictly along party lines, to table any possible discussion of whether to allow witnesses and documentary evidence until six days of legal arguments and two days of senator questioning had occurred. That means the parties will argue the case and senators will ask questions before they ever get to see documents or hear from prospective witnesses.

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January 18, 2020

Trump Is the Third President to Lie About Afghan War Success

The Bush, Obama and Trump administrations all routinely lied to the American people about the success of the 18-year war in Afghanistan. They exaggerated progress and inflated statistics to create an illusion that that the war was winnable. But after the deaths of 157,000 people at a cost of $2 trillion, corruption is rampant and the carnage continues.

“There’s an odor of mendacity throughout the Afghanistan issue … mendacity and hubris,” John Sopko, special inspector general for Afghanistan reconstruction, told the House Foreign Affairs Committee during his January 15 testimony. In the last few years, Sopko said, the Trump administration has been “lying by omissions,” classifying “everything that is bad news,” including Afghan troop casualties and calculation of Taliban strength.

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January 8, 2020

Trump Threatens War Crimes Against Iran. Congress Must Stop Him.

Trump has already committed the crime of aggression against Iran, and he is now threatening to commit a war crime if he carries through on his January 4 promise to target Iran’s cultural sites. The United States has violated the United Nations Charter’s prohibition on the use of military force. This is the time to raise our voices and demand that our congressional representatives put a halt to Trump’s illegal war-making.

It should be clear to any legal analyst that Donald Trump’s catastrophic decision to order the illegal assassination of Iranian Maj. Gen. Qassim Suleimani and Iraqi senior military leader Abu Mahdi al-Muhandis constituted the crime of aggression and violated both the United Nations Charter and the U.S. War Powers Resolution.

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January 2, 2020

Palestinians Decry ICC Prosecutor’s Delay of Israeli War Crimes Investigation

In a significant development for Israeli accountability, Fatou Bensouda, chief prosecutor of the International Criminal Court (ICC), seeks to launch an investigation into war crimes committed in Palestine. But she has established an unnecessary and politically suspect condition to slow down the process.

Following a five-year preliminary examination, Bensouda found a reasonable basis to mount an investigation of “the situation in Palestine.” She is “satisfied that (i) war crimes have been or are being committed in the West Bank, including East Jerusalem and the Gaza Strip . . . (ii) potential cases arising from the situation would be admissible; and (iii) there are no substantial reasons to believe that an investigation would not serve the interests of justice.”

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