Tuesday, July 03, 2012

Roberta in concert!!!

Thank you to C.I. for filling in last night.  I had a last minute date. And I had a million reasons not to go but it boiled down to, "I won't be able to blog." To which C.I. yelled, "No problem! I got it! You're going!"  :D

As she told you last night, I have an album review for tomorrow.  It's actually three albums.  One came out earlier this year.  The other two are from 2006 and 2008.  And if you're thinking, "Yeah, right!" It's already done so nah-nah-nah.

:D

I didn't have anything to wear.  For my date last night.  And C.I. hauled me into her huge closet.  She sat there -- yes, she has chairs in her closet and said, "Look through that section."  I found many clothes I loved.  They are a little tighter on me than on C.I. because she's so thin. But while I was trying on various things and checking them out in the mirror, C.I. was in the chair with a pad and paper writing down various thoughts I had about the albums.  She then clipped them and pasted them on individual pages and today I wrote the thing.  So nah nah nah all of you who thought my legendary ability to procrastinate would mean I wouldn't have a piece for tomorrow.

Now, yes, I do have to type it up!  But I will.  I know I will.


What are you doing this weekend?  I'll be in San Diego seeing Roberta Flack!!!!

The one and only Roberta Flack is giving a concert Friday night and Saturday night.  George Varga (U-T San Diego) reports:




“Let It Be: Roberta Flack Sings The Beatles” may not be the first musical homage made by a multi-Grammy-Award-winning pop star whose own career started in the same decade as the perpetually Fab Four.
But it’s difficult to recall another album that takes as many artistic liberties — some overt, some subtle — in order to salute and transform classic songs that several generations know (or thought they knew) inside and out. And no other pop star, besides Flack, was the next-door neighbor of former Beatle John Lennon and his wife, Yoko Ono, in New York from 1975 to 1980 (when Lennon was assassinated).
“I just loved the (Beatles’) music,” said Flack, who is still Ono’s neighbor in the famed Dakota apartment building, overlooking Central Park.


As many of you know, Roberta Flack is one of my all time favorites and I love her latest album.

I bet you do too.  If you're in the San Diego area or will drive in like I will, you should really plan on checking out Roberta's show.  She's a legend and a national treasure.

Closing with C.I.'s "Iraq snapshot:"


Tuesday, July 3, 2012.  Chaos and violence continue,  the US White House still has no nominee for US Ambassador to Iraq, the State Dept is asked if Barack even plans to name a nominee, Iraq is slammed with bombings, Joe Biden's phone call to Nouri on behalf of ExxonMobil continues to get attention in Iraq (while the US press continues to ignore it), and more.
 
Conservative Thomas J. Basile (Washington Times) argues of Iraq, "The situation is a tragic reminder of just how fragile the country was when Mr. Obama opted to end any significant involvement in its future.  It also may give Mitt Romney and the Republicans an opportunity to open an effective foreign policy front against the administration for leaving Iraq in the lurch and providing an opportunity for Iran to extend its influence in the region."
 
Related, who is Peter W. Bodde?  Diplopundit noted in March that he is "a career member of the Senior Foreign Service, is currently the Assistant Chief of Mission for Assistance Transition in Iraq and Coordinator for Minority Issues at the U.S. Embassy in Baghdad." He was in the news over the weekend.  Saturday, the Himalayn News Service reported Peter W. Bodde had been named the new US Ambassador to Nepal.  He's set to to go to Nepal "in late August"  and he'll replace Scott H. DeLisi

James Jeffrey is no longer the US Ambassador in Iraq.  He stepped down.  The laughable Brett McGurk had been the new nominee but he withdrew his nomination.  At a time when Iraq is seeing so much violence, the White House still has yet to name a new nominee to be US Ambassador to Iraq and they're also transferring out people like Bodde who have experience?  Bodde is not going from Iraq to Nepal.  Nor should he be expected to.  He has every right to downtime.  And the point isn't that Bodde shouldn't be Ambassador to Nepal.  The point is that the White House is dropping the ball repeatedly.
 
Dropping the ball includes the fact that they're now scrambling to name the third US Ambassador to Iraq since Barack has been sworn in.  Bully Boy Bush nominee Ryan Crocker agreed to stay on while Barack found a nominee.  That was Chris Hill who was confirmed and didn't make four years, did he?  So then Barack nominated James Jeffrey who, like Hill, didn't even make two years in the post.  Clearly, the White House has done an awful job vetting people to be US Ambassador to Iraq.  This is the most costly diplomatic or 'diplomatic' US mission in the world.  There should not be this kind of turnover rate in the post.  There should have been a steady hand.  Instead, this White House has turned US Ambassador to Iraq into a revolving door post with each nominee having about the same longevity of one Larry King's wives.
 
Where is the leadership?
 
And that the Republican leadership in the Senate has failed to point this out is rather surprising.  They objected to Chris Hill but confirmed him.  When Jeffrey came before them, I really expected to see the Ranking Member talk about how 'regretabble' it was that less than two years after Hill was confirmed, they're again having to weigh a nomination for US Ambassador to Iraq.  Maybe if the Ranking Member were John McCain and not Richard Lugar, something would have been said. 
 
Since there's no one running the mission currently, maybe the Senate Foreign Relations Committee -- regardless of political party -- will start asking the White House some tough questions?  Today at the US State Dept press briefing, spokesperson Victoria Nuland faced some:
 
 
QUESTION: On Iraq.
 
MS. NULAND: On Iraq? Yeah.
 
QUESTION: Yeah. Iraq has seen a great deal of violence in the last few weeks. It always – the summer, it goes up. My question to you is: Are U.S. activities or the State Department or the Embassy's activities in Baghdad have been curtailed as a result of this spike of violence?
 
MS. NULAND: To my knowledge, not. But I'm going to refer you to Embassy Baghdad.
 
QUESTION: Okay.
 
MS. NULAND: Please.
 
QUESTION: Could you also – could you update us on the status of the new ambassador to Baghdad?
 
MS. NULAND: You mean whether the White House will nominate a new candidate, is that what you're asking?
 
QUESTION: Right.
 
MS. NULAND: That is definitely a question for the White House, Said.
 
QUESTION: But surely you can say that they will.
 
MS. NULAND: Over to the White House for that one.
 
QUESTION: Well, are you suggesting the White House is not going to name – nominate someone to be the new ambassador to the White House – I mean, to Iraq?
 
MS. NULAND: I'm suggesting that consideration on all ambassadorial appointments are the White House prerogative.
 
QUESTION: Well, are you aware that the Administration is not going to nominate someone to take that position?
 
MS. NULAND: I'm not aware one way or the other.
 
QUESTION: Okay. Could you comment on some reports that the relationship between Maliki and the United States is really quite tense these days?
 
MS. NULAND: We continue to have the same kind of dialogue that we've had all along. We maintain an open channel not only with the prime minister but with all of the major political figures in Iraq. And we use those channels to encourage them, among other things, to work well together and to settle their political differences through constitutional processes.
 
QUESTION: And who is leading that channel in Baghdad from the U.S. side?
 
MS. NULAND: The mission, at the moment, is led by our charge d'affaires who was the previous deputy.
 
 
 
Victoria Nuland loves/lives to be evasive.  The name she wouldn't provide is Robert Stephen Beecroft.  And, Nuland tells us, he was formerly the deputy!  Oh so he must have experience with Iraq, right?  No.  He's not even been assigned to Iraq for a year yet.  He began his first Iraq assignment July 14, 2011.  He's been Charge d'affaires since June 1st. 
 
 
And what position does he hold currently?  The number two US official in Iraq.  Since James Jeffrey has abandoned his post -- and that is the term for it, when Barack  Obama was sworn in as US President, Ryan Crocker agreed to stay on until Barack could find a successor -- and since this is obviously a very delicate time for Iraq, is it really wise to take the number two US official out of Iraq at a time when not only is there no number one US official (that would be a US Ambassador to Iraq) but the White House hasn't even named a nominee for the post.
 
If the White House thinks they can get away without naming one in the lead up to the US elections, they are mistaken.  The GOP will jump all over that to remind voters of Barack's indeciveness that characterized his state legislature career and his Senate career and they will draw lines between that and his mis-steps and failures once becoming president.
 
 
While Barack dithers, Iraq is again slammed with bombings today. Mohammed Tawfeeq (CNN) notes "a series of attacks" in Karbala, Baghdad and Taji.  BBC News focuses on a truck bombing in Diwaniya where the death toll has reached "at least 25" with another forty injured.  AP notes the truck used in the bombing was a vegetable truck. Mohammed Tawfeeq (CNN) explains, "In that attack, some 99 miles (160 kilometers) south of Baghdad, a suicide bomber parked a truck packed with explosives concealed by watermelons and began calling shoppers to the truck."  Alsumaria reports that the center of city has been closed to all traffic.   Yang Lina (Xinhua) reports 75 injured in that bombing.  Before morning was over in the US today,  RT was reporting the death toll in the Diwaniya bombing has risen to 40.  
 
AFP observes, "The blast came just hours after near-simultaneous car bombs targeting Shiite pilgrims on the outskirts of the central shrine city of Karbala killed four people." Alsumaria notes of the Karbala bombing that it hit at the popular market where fruits and vegetables are sold, it left 11 dead and forty-five injured (according to police sources) and that millions of Shi'ites are expected to travel through Karbala this week to celebrate the birth of the 12th or Hidden Imam (9th century).  Jamal Hashim and Mustafa Sabah (Xinhua) report, "Karbala's twin bombings came as hundreds of thousands of Shiite pilgrims have started to march to the holy city to commemorate the birth of Imam Mahdi, the last of the twelve most revered Shiite's Imams. Authorities in Karbala expect that the number of pilgrims from Iraqi Shiite cities and outside the country, who started to arrive to observe the ritual ahead of its climax date on Thursday and Friday morning in Karbala will exceed five millions."
 
Those weren't the only bombings today.  Reuters adds, "Earlier in the day, two roadside bombs targeting Shi'ite pilgrims killed four people and wounded 21 near the central Iraqi city of Kerbala, hospital and police sources said" while AP notes, "In Baghdad, a roadside bomb exploded next to a police patrol in the Sunni-dominated Ghazaliya neighborhood, injuring three policemen and two civilians, a police officer and a health official said." In addition, the Telegraph of London reports, "Another bomb attack in the town of Tuz Khurmatu, north of Baghdad, killed a policeman and wounded another, an officer and a local doctor said."
 
RTT counts at least 50 dead in today's violence.  Deutsche Welle points out,  "The bombings were just the latest in a series of such attacks in Iraq in recent weeks, which have raised fears that the county could be slipping back into a wider pattern of violence between Sunni and Shiite Muslims."  Sky News notes, "Security forces appear unable to stop the conflict since US troops left Iraq last December, after nearly nine years of war." 
Tim Arango (New York Times) has a more than solid report on the violence and the survivors but we're going to note this observation he makes:
 
Antony J. Blinken, the national security adviser to Vice President Joseph R. Biden Jr., wrote in Foreign Affairs recently that since President Obama took office, "violence in Iraq has declined and remains at historic lows -- a trend that has continued since the last U.S. troops departed late last year."
In fact, though, more Iraqis -- civilians and security force members alike -- have died from attacks in the first six months of 2012 [2,101] than in the comparable period of 2011 [1,832], according to United Nations statistics. 
 
2,101 deaths -- UN figures -- in just the first six months of the year.  Where is the security?
Dropping back to the December 21, 2010 snapshot:
 
Shashank Bengali and Mohammed al-Dulaimy (McClatchy Newspapers) report point out the Cabinet is missing "the key ministries responsible for security and military affairs for now, because lawmakers haven't agreed on who should fill them. There's still no deal, either, on creating a yet-to-be named strategic council -- a U.S.-backed initiative aimed at curbing al-Maliki's powers -- which lawmarkers said could be weeks away." Liz Sly and Aaron Davis (Washington Post) explain, "Maliki appointed himself acting minister of interior, defense and national security and said the three powerful positions would be filled with permanent appointees once suitable candidates have been agreed on."
 
 
And that's still true today.  There are no heads to the security ministries.  Nouri's never nominated people for the posts.  He likes to say ___ is "acting" ____.  But there's no such thing as "acting" in the Constitution.  If they are vacant, he controls the ministries.  (By contrast, if he nominates someone and Parliament confirms them, only a vote in Parliament can remove them.  We saw this when Nouri spent months attempting to get Deputy Prime Minister Saleh al-Mutlaq removed from office.  (He failed at that removal.)  A real minister doesn't have to do what Nouri says because Nouri can't fire them.  A real minister can run the ministry in a way that he or she feels best benefits the Iraqi people.  By controlling the security ministries, Nouri consoldiates his own power which is why Iraqiya (rightly) called this a power-grab back in 2010.
 
 
The 2010 elections were held in March of that year.  The process to form a government was supposed to last a few weeks.  Instead it lasted over eight months.  Why?  Nouri and his State of Law came in second in the elections which meant he wasn't supposed to get first crack at forming a Cabinet.  That should have gone to first place Iraqiya.  But the White House chose to back Nouri.  The Barack Obama White House chose to back a man already repeatedly caught running secret prisons where people were tortured, a man who attacked the press from his first days in office in 2006, a man who had a track record of no results (his entire first term, where he failed to meet the White House established benchmarks for progress that he had agreed to).  They backed this nightmare and that's why Bush starting the illegal war really doesn't matter at this point.
 
The Iraqi people bravely went to the polls and expressed their will.  It wasn't to give Nouri a second term.  When the White House chose to ignore democracy, the will of the people and the votes to back Nouri, Barack bought into the fate of Iraq.  Sherwood Ross (OpEdNews) notes:
 

 
Prime Minister Nouri al-Maliki's "harassment and persecution of anyone deemed a threat to himself or his party has dramatically reduced freedom throughout Iraq," a noted journalist reports.
What's more, al-Maliki is presiding over a system "rife with corruption and brutality, in which political leaders use security forces and militias to repress enemies and intimidate the general population."
So writes former Los Angeles Times foreign correspondent Ned Parker in the March/April issue of "Foreign Affairs" magazine. His is a rather grim assessment of life in "The Iraq We Left Behind" or "Welcome to the World's Next Failed State."
Now Edward R. Murrow Press Fellow at the Council on Foreign Relations, Parker writes that al-Maliki, America's favorite, "will keep striving for absolute power, using fear, intimidation, and cronyism." And he adds that by turning a blind eye to Maliki's encroaching authoritarianism, "U.S. officials allowed Iraq's political culture to disintegrate."
Whereas some Iraqi officials wonder if the next elections will be free and fair, Parker writes, "several former U.S. military officers wonder if the elections will happen at all."
 
That's who Barack backed.  That's who he trashed the election, the votes and any hopes of democracy in Iraq for. 
 
Iraqis get to vote in two sets of elections -- or are supposed to get to vote in two sets of elections: Provincial elections and parliamentary elections.  The provincial elections determine the governance of the provinces.  The parliamentary elections determine who sits in Parliament and are supposed to determine who gets first crack at being prime minister-designate.  Mohammad Sabah (Al Mada) reports that the Electoral Commission is stating provincial elections will be postponed until April 2013 and that this is due to both an amendment to a law being needed and also due to budget concerns.  Elections were supposed to be held January 31, 2013.  Budget concerns?  Iraq brought in over six billion in oil revenues last month alone -- and last month was the worst month for oil revenues in Iraq since February 2011. All Iraqi News reported yesterday on the lack of an election law and quoted the Independent High Electoral Commission's Chair Faraj al-Haidari stating that the elections would not be held on time. Today All Iraqi News reports that Arshad al-Salehi,  Chair of the Turkman Front, met with the UN Secretary-General's Special Envoy to Iraq Martin Kobler and stressed that all segments of the Iraqi people need to be represented in the elections.

This does not effect the Kurdistan Regional Government which holds their own provincial election.  They are currently working on a law regarding the Christian minority because, as the law reads currently, Christians must vote for other Christians.   Three provinces currently make up the KRG -- Duhok, Erbil and Sulaymaniyah.  If Article 140 of the Constitution is ever implemented (Nouri was supposed to implement it by the end of 2007, per the Constitution), Kirkuk might also become part of the KRG.

Someone wants to visist the KRG.  Al Mada reports the National Alliance wants to send a delegation -- with Ibrahim al-Jaafari mentioned as the possible head -- to the KRG.  This would be an effort to smooth things over for Nouri.  Not a smart effort considering the long standing issues between the Kurds and al-Jaafari. Haitham Jubouri, attorney for State of Law, states that the withdrawal of confidence in Nouri is no longer possible.

A lot of people seem to believe Moqtada al-Sadr has changed his position.  There's nothing he's said that's changed his position.  He appears to be taken the issue of questioning very seriously.  And would appear to be presenting himself as impartial and reluctant.  That's been his position all along.  Is Nouri going to appear before Parliament for questioning?  If he follows the Constitution, yes.  There's not X number needed for questioning.  He has been asked to appear.


Whether he does or not, per the Constitution, he has to.  If he does, per Moqtada's statements, an opinion will be formed based on Nouri's answers.  If the answers are not satisifactory, Moqtada -- with a heavy heart and great reluctantce -- would have his bloc vote for no-confidence if the others got their required votes.  As Al Mada reports today, the vote is currently postponed because, among other reasons, Jalal Talabani remains out of the country (that reason comes from the Sadr bloc).
 

Nouri may not appear before Parliament.  Alsumaria has Moqtada al-Sadr already attempting to set guidelines for the Reform Commission.  Yesterday al-Jaafari announced that the Reform Commission had held two hearings so far. All Iraqi News reports the third meeting was held at al-Jaafari's home last night.  There will be a meeting Saturday in Baghdad.

What's the Reform Commission?  Nouri's attempt to avoid a national conference. 
 
The national conference.  To give Nouri his second term as prime minister and to end Political Stalemate I (the over eight month period of gridlock after the elections), the US said, "Hey, Iraqiya, Kurds, everybody, let's all be adults and end this gridlock.  Let's figure out what you want and we know Nouri wants a second term as prime minister, so let's draw up a contract outlining what your blocs get in exchange for that.  And don't worry, this is a binding contract and we are backing you and the contract."
 
That was the Erbil Agreement.  It allowed Nouri to be named prime minister-designate in November 2010 and prime minister in December of 2010.
 
But that wasn't a gift to Nouri.  That was in exchange for his concessions on certain items.  Instead, Nouri trashed the Erbil Agreement, the US government turned its back on the Kurds (to the point that relations with the Kurds right now are at an all time low) and on the new Iraqiya and everyone else.
 
Part of the reason that the US has been unable to fix anything, to mediate successfully, is due to the fact that Barack's White House has ensured that the US government is not to be trusted by Iraqi politicians.
 
The Kurds were told in January of 2011, told by US officials, "Be patient.  Nouri will return to the Erbil Agreement."  He didn't.  And by the summer of 2011, with no support coming from DC, the Kurds demanded Nouri return to the Erbil Agreement.  Iraqiya and Moqtada al-Sadr quickly joined the Kurds in that demand.  This is Political Stalemate II.  December 21, 2011, Speaker of Parliament Osama al-Nujaifi and Iraqi President Jalal Talabani began calling for a national conference.  Nouri said no.  Then he stone walled.  Then he finally went along with Jalal's call for an April 5th start date.  But then he called it off less than 24 hours before the conference.
 
April 28, 2012, efforts began for a no-confidence vote on Nouri.  We could go through all of that but suffice is to say, Jalal met with US officials after the petition got the needed number of signatures for a vote of no-confidence (that number was only needed for a floor vote -- there is no number requirement for Parliament to call for a vote of no-confidence).  US officials pressured the forever-buckle Jalal and he refused to pass on the petition.  Then he fled Iraq for an 'emergency procedure' in Germany (knee surgery).
 
Let's hope the US got something out of it because they may have leaned on Jalal for the last time.  Not because Jalal will suddenly find a spine but because Jalal's actions have seriously hurt his standing in the KRG.
 
 Now we're going back to today's US State Dept press breifing.
 
 
QUESTION: Okay. Could you comment on some reports that the relationship between Maliki and the United States is really quite tense these days?
 
MS. NULAND: We continue to have the same kind of dialogue that we've had all along. We maintain an open channel not only with the prime minister but with all of the major political figures in Iraq. And we use those channels to encourage them, among other things, to work well together and to settle their political differences through constitutional processes.
 
QUESTION: And who is leading that channel in Baghdad from the U.S. side?
 
MS. NULAND: The mission, at the moment, is led by our charge d'affaires who was the previous deputy.
 
What's so tense these days?  ExxonMobil and the KRG signed a contract last fall.  Nouri has repeatedly attempted to kill that contract.  As June drew to an end, he sent a formal letter to the White House demanding that Barack kill the ExxonMobil contract.  Forget that it's the immensely powerful oil industry and pretend for a moment it was Betty Crocker and they were planning to send millions of dry cake mixes to Baghdad.  Barack is the President of the United States.  There's a lot of power with that position.  But the president of the United States -- regardless of whom he or she is -- does not control US business, cannot give orders to US businesses.  The United States has no king or queen.
 
Now let's return to the fact that it is ExxonMobil, that it is the oil industry.  Many have accused the illegal war of being all about oil to begin with.  Former Fed Chairman Alan Greenspan briefly admitted to that before rushing to deny what he wrote when there was pushback.  (What he had written in his book The Age of Turbulence: Adventures in a New World  was, "Whatever their publicized angst over Saddam Hussein's 'weapons of mass destruction,' American and British authorities were also concerned about violence in an area that harbors a resource indispensable for the functioning of the world economy. I am saddened that it is politically inconvenient to acknowledge what everyone knows: the Iraq war is largely about oil.")   From SourceWatch:
 
  • The public interest group Judicial Watch, in July 2003, "after a protracted court battle with the White House," obtained documents utilized by the controversial Cheney Energy Task Force. It was discovered that the task force "led by Vice President Dick Cheney was examining maps of Iraq's oil assets in March 2001, two years before the United States led an invasion to oust Saddam Hussein."
The task force had maps which showed "Iraq's oil fields, its major refineries and pipelines," a list of "companies from countries that were interested in doing business with Saddam's regime, ranging from Algeria to Vietnam," details of "oil and gas projects in Saudi Arabia and the United Arab Emirates, and [which included] information on the cost and status of projects in those countries." [4]
  • "Bush's Cabinet agreed in April 2001 that 'Iraq remains a destabilising influence to the flow of oil to international markets from the Middle East' and because this is an unacceptable risk to the US 'military intervention' is necessary." [5]
 
 
A US president will tell the oil industry what to do? 
 
That would be novel.
 
More often the oil industry tells the White House what it will do.  From yesterday's snapshot:
 
Meanwhile remember when Little Saddam (Nouri al-Maliki) forgot he was a puppet and thought he could demand that the White House get ExxonMobil to drop their deal with the Kurds?  Silly puppet.  Administrations dance for oil corporations.  Dar Addustour reports that US Vice Presidetn Joe Biden phoned Nouri on Thursday to express the US government's belief that Nouri needs to stop trying to halt that deal and that Nouri was informed that the F-16s Iraq 'needs' will not be supplied if Nouri doesn't stop trying to halt he ExxonMobil deal.  It's amazing.  Torture cells didn't bother the White House.  Killing gay men and men suspected of being gay didn't bother the White House.  Attacking Iraqi youths didn't bother the White House.  But when a billion dollar ExxonMobil deal was threatened, suddenly the White House is ready to pull the F-16s.
 
 
Today Dar Addustour columnist As Sheikh explores the issue and finds Nouri in an embarrassing situation having made a demand and been not only denied his request but informed that if he keeps attacking ExxonMobil's deal with the KRG, he won't get the F-16s he's been insisting he needs. The Thursday night call between Biden and Nouri is noted and As Sheikh says Joe also threatened to deny a number of visas to Iraqi officials.  As Sheikh feels that Iraqis can't grasp the power of ExxonMobil in the US and how it can sway an administration.  He may be right.
 
 
Turning to the US and political prisoner Lynne Stewart.  This week's Black Agenda Radio, hosted by Glen Ford and Nellie Bailey (first airs each Monday at 4:00 pm EST on the Progressive Radio Network) featured an update on Lynne from her husband.
 
Glen Ford:  Lynne Stewart, the New York-based human rights attorney sentenced to 10 years in prison on charges related to her defense of a terrorism sdefendant has lost an appeal in federal court.  She's confined at a medical prison near Fort Worth, Texas.  We spoke with Lynne Stewart's husband and fellow activist Ralphy Poynter.
 
Ralph Poynter: When I read the papers, and I read them again, one of the things that struck me is that they're referring to Lynne as having disrespect for the law.  My reaction to that is, anybody who studied the history of American law knows it's based in genocide, slavery and the double standard.  And so the only things that we can look to in America that are positive are those people who disobeyed the law and those people who fought to right the wrongs, who followed justice rather than law.  I like that better.  I am proud of her.  I am not saddended -- the things they said about her give me great pride.  We don't have to look far to see where she was afoul of the law [. . .] supporting immigrant rights, immigrant children, supporting the Black Movement,  And all of these things oppose the law.  So they and those who seek justice are coming at opposite ends.  So I applaud Lynne.  She has just had her operation that she should have had 36 months ago and she was scheduled to have her operation when the Second Circuit said she must go to jail immediately because 'she's traveling around the country to law schools and universities corruption our youth.'  So she's just had her operation. She went to a hospital. She said she had good treatment at the hospital.  But they said it was time to go back.  Not according to medical necessity but according to prison necessity. She was concerned about going back to a prison that is not hospital clean.  But Antoinette Martinez, an inmate from the Bronx, made sure that the section she went back to in the prison was as clean as a hospital.  And this really gives me -- Lynne says when she looked and saw it, she came to tears, that the inmates know who she is and are protecting her.  They cleaned. So here we are.  Lynne is fighting for the rights of the people int here and some of the people inside understand who she is and they're fighting for her rights the best way they can.
 
Last night, I filled in for Elaine and wrote about Lynne so you can refer to that for more but we'll note Peter Daniels (WSWS) article:

One of Stewart's lawyers, Herald Price Fahringer, said that an appeal to the full appeals court would be made, and that attorneys might eventually ask for a Supreme Court review. The opinion is a "terrible deterrent for people speaking out in public," Fahringer said.
Another attorney for Stewart, Jill R. Shellow, said, "Our intent is to pursue all of the legal remedies available to Lynne to redress her unreasonable sentence… Lynne was not and is not a terrorist. She was a fine and dedicated lawyer. She is almost 73, and under the best of circumstances will not be released from prison until 2018. That's a lifetime, her lifetime."
The vindictiveness of the appellate judges compares with the inability and unwillingness of any court up to the Supreme Court to put a halt to the genuinely criminal activities that continue to be carried out at the Guantanamo Bay prison, not to mention the drone attacks and other violations of international law by the Obama administration that provoked the condemnation of former US president Jimmy Carter this past week.

 
 
cnn
sherwood ross

Monday, July 02, 2012

The worst Court verdict in modern history?

C.I. filling in for Kat tonight.  She had a personal event to take care of.  And so you have me tonight.  Wednesday, she'll have a new music review up, by the way.

We're focusing on the Supreme Court verdict on ObamaCare and mainly focusing on the reporting of Jan Crawford (CBS News) and the Fresh Air (NPR) discussion with Adam Liptak (New York Times). I've read and listened to other things but everyone's working off Jan Crawford's reporting today with the exception of Adam Liptak.

If Jan Crawford's reporting is accurate (and she has a solid record of nailing things down), Chief Justice John Roberts originally was going to vote against ObamaCare.  She's working from two sources which has created a minor tizzy at the tizzy prone sites (CJR, for example) who swear that this just isn't done.  Justices don't talk and clerks don't.  Clerks don't?  Two words: Jeffrey Toobin.  Clerks talk all the time. Most do it on background (and after they are no longer clerks).  Toobin did it on the record in a book he put his name to.

I have no idea who Jane Crawford's sources are.  (Clerks and Justices don't make the DC social scene. So any gossip on the dinner circuit would be second hand at best.)  Assuming they are correct, Roberts changed his mind.

Adam Liptak believes Roberts changed his mind and cites the ruling and the dissent including Judge Ruth Bader Ginsberg's dissent which he feels (I agree, but only after he made the observation, I didn't pick it up on my own while reading through the opinions this weekend) is too strong for someone who emerged victorious.  Meaning she wrote in anticipation of an original vote tally where Roberts sided with those opposed and ObamaCare was struck down.  Here he is:


The Ginsberg opinion on the Commerce Clause grounds is very bitter and nasty and slashing, and not the sort of tone you might take from somebody who needs the vote of the chief justice and, in fact, in the end prevails. So those are a handful of hints. But it's consistent with the idea that there was some moving around in the deliberation and drafting process.

Liptak floats a possible reason for Roberts changing his mind if he did.  It's been floated by others (you heard it on Friday but as why Roberts voted as he did -- no one was reporting Friday that Roberts had switched his vote).  It boils down to the fact that Roberts was concerned with the way the Court would look. He was concerned, in this argument, that the court might appear partisan.

Liptak feels this is a valid reason for ruling.

Liptak is 100% wrong.  Here's Liptak on that:


I do think that John Roberts takes himself very seriously, and he should, as the custodian of the prestige and legitimacy of the branch of government that he hits. How much that entered his calculations in this particular case, only he knows, but it's a perfectly appropriate consideration to make sure that your branch - which is meant to be disinterested and apolitical and judicial - should not be perceived as yet a third political branch of government.

The law is the law.  It's not the law some of the time or part of the time.  It's not the law on only even-numbered days.  For the law to warrant any respect at all, it has to be consistent.  A Justice who disregards the law isn't a qualified Justice (even if he or she rules in the way I would like).  If the law isn't applied equally and fairly, you no longer have a justice system.

Liptak is saying it's an appropriate consideration -- fear of public opinion.  No, it's not and it was disturbing to hear Liptak state that.  The opinion did not come in a vacuum.  It came after weeks and weeks of Democratic politicians (my own House Rep Nancy Pelosi among them) insisting it would be a political decision if it didn't rule in favor of ObamaCare.  And you had Democratic operatives as well making these comments on various TV networks.  In addition, you have in the not so distant past, Barack's State of the Union Address where he felt it was appropriate to call out the Supreme Court.  (That was inappropriate.)

So if Roberts did change his mind and if one of the the factors was public opinion of the Court -- or if he didn't change his mind but based his ruling on public opiinion of the Court -- then he should be ashamed of himself and he wouldn't be fit to wear a judicial robe.

That would mean that, in the future, any administration that wanted the Court to rule in its favor (while Roberts was Chief Justice) would only have to attack the Court in and to the press repeatedly and the Court would then be so intimidated that it would hand the administration the verdict it wanted.

That's not an independent judiciary nor is it three co-equal branches of government.

So if Roberts' decision was based upon fear of public opinion, of the image of the Court, then he didn't serve justice.

Hopefully that's not what happened.  Hopefully, he voted as he intended based on the law.  (As he intended can include changing his mind.  As Liptak notes, changing minds is not uncommon as someone goes further into the issues surrounding a case).

But if that's not what happened, if a standard other than a law was applied to the determination of ObamaCare, the US doesn't have a justice system.  It has a whim system.  It has an intimidation system.  Call it an abdication, an intimidation, a dereliction but grasp that, if that happened, the law no longer matters.

Okay, Kat asked me to write brief and about a light topic so that's going to be it.  Here's today's "Iraq snapshot:"


Monday, July 2, 2012.  Chaos and violence continue, the political crisis continues, Iraqi women are court-ordered to take virginity tests, the drone war and more.
Last month, Al Jazeera's Listening Post reported on the Drone War (currently second clip below the viewing box).  Excerpt.
Michelle Shephard (Toronto Star's National Security reporter): I think that New York Times article [Jo Becker and Scott Shane's "Secret 'Kill List' Proves a Test of Obama's Principles and Will"]  has actually changed the way that people are now reporting on the drone program.  It revealed that the Obama administration actually counts anybody who's of military age that's killed in a certain region where al Qaeda is known to be as a militant.  So, in other words, the only way to prove innocence is after death and proving that they weren't in fact involved in the terrorist group.
Chris Woods (Bureau of Investigative Journalism):  Any adult male in Waziristan, we're told is fair game.  And the only way a civilian can be identified is after the event and posthumously.  Actually, even there, when we've supplied the CIA with named civilians they have killed, they've spat it back in our face.  Civilians have no chance of being recognized as such by the CIA under their present methodology.
Richard Gizbert:  According to the US government's methodology, 16-year-old Tariq Aziz was a militant.  According to the Bureau of Investigative Journalism, he was in Warziristan armed with only a camera given to him by a Pakistani human rights organization to document drone strikes and their impact on Pakistan's civilian population. 
Shahzad Akbar (Foundation For Fundamental Rights):  This young boy, Tariq Aziz, when he goes back after the training, three days later he is killed.  And when we say this thing to the media reporters and we file a case about this, what we get to hear from CIA is that they completely deny.  They say that they have killed a 16-year-old boy but he was a militant. 
Richard Gizbert: Tariq Aziz is just one case. The Bureau of Investigative Journalism says there are 320 cases like his in Pakistan alone.  And those are just the names they know about.  More civilians have been killed in drone strikes in Yemen and Somalia.  Yet the Obama administration maintains that no more than 60 civilians have been killed by drones in Pakistan and that is the figure that often gets reported. 
Jameel Jaffer (American Civil Liberties Union): One of the really frustrating things is that there are still media organizations in spite of that New York Times story that continue to just recite the government statements about how many militants were killed or how many civilians were not killed
CNN news clip: Privately US officials say the covert strikes are legal.
Jameel Jaffer:  Without making clear that the government uses the word "civilian" in this very unusual way and that it uses the word "militant" in this very unusual way. 
Richard Gizbert:  The uncritical use by most of the US media of the administration's numbers, its narrative, is part of a disturbing trend in American journalism that news consumers have been seeing in the post-9/11 era. When it comes to matters of national security and intelligence, the government plays the access card and most journalists play along.
Lara Logan (CBS News) news clip: But our 60 Minutes team was given secret clearance and unprecedented access.
Shahzad Akbar:  So how it works normally is that they talk to individual reporters and leak information and then that reporter does not name the official who has leaked it but everyone in journalistic community knows that it's CIA source which is leaking that source.
Chris Woods:  It's a rewards based system that we've seen emerge in Washington where --  national security correspondents in particular -- if they play the game, they get the goodies.  They get the morsels.  But when you stop playing that game, if you don't even play that game to start with, you're cut off at the knees.  You don't get access.
Michelle Shephard:  And there hasn't been any challenging.  No one has challenged the numbers or any of the important issues such as the legality of the program itself.  I think thankfully that has changed but only recently.  And considering how long the program has gone on, I think that's surprising.
Barack Obama news clip: Actually drones have not caused a huge number of civilian casualties.
Richard Gizbert:  The White House did not even confirm the existence of its drone program until just six months ago.  That was not under questioning from the American news media.  President Obama made the admission during an online Google talk forum.  Since then journalists like NBC's Brian Williams and CBS' Scott Pelley who are paid millions to anchor network news shows had prolonged interviews on national security with both the president and his CIA Director [to clarify, Pelley interviewed Leon Panetta -- former CIA Director, currently Secretary of Defense -- the current CIA Director is David Petraeus] but neither journalist asked a specific question about the drone program.
Brian Williams news clip: And the First Lady?  She's at dinner?
Scott Pelley news clip: It turned out the lightest thing on board was the heart of the man with a world of worry.
Chris Woods:  The inside the situation room was hagiography at its worst.  I mean, [the late Nicolae] Ceausescu [General Secretary of the Romanian Communist Party and President of Romania] would have been proud of that had it appeared on Romanian TV two decades ago.
Barack Obama news clip: Good job, national security team.
Chris Woods:  It was an appalling, appalling piece of television.
Brian Williams news clip: In your official life, where does this day rank?
Chris Woods:  It's a particular sycophancy among particularly broadcast journalists in Washington right now towards administration figures.
Jameel Jaffer:  The vast majority of that coverage has been extremely deferential -- not just failing to ask questions but essentially glorifying the program.
Scott Pelley news clip:  But Leon Panetta has held the toughest jobs in Washington and quietly done what seems impossible.
Jameel Jaffer:  And part of the reason that the United States is now at war with more countries than even Leon Panetta can manage to remember in a TV interview.
Scott Pelley news clip: And how many countries are we currently engaged in a shooting war?
Leon Panetta news clip: [Laughing]  That's a good question.
Shahzad Akbar:  Why don't we see President Obama or Leon Panetta in an interview where he's actually asked some strict questions and not that how great it is and how much time they spend on selecting a target to kill?  Can we go a bit further to explain that these 3,000 people who have been killed in drone strikes, who exactly are they and what was the level of their militancy and what was the threat they posed to the US?
In his most recent piece (June 29th) on the Drone War, Chris Wood observed:
Earlier this week, former US President and fellow Democrat Jimmy Carter also made an outspoken attack on Obama's counter-terrorism policy. In a New York Times article, Carter said of the covert drone strikes 'We don't know how many hundreds of innocent civilians have been killed in these attacks, each one approved by the highest authorities in Washington. This would have been unthinkable in previous times.'
Saying that the United States had lost the right to speak with moral authority on foreign affairs, Carter urged Washington 'to reverse course and regain moral leadership according to international human rights norms that we had officially adopted as our own and cherished throughout the years.'
The Drone War's not getting the attention it deserves and we note it here from time to time.  All the above can be seen as applying to US coverage of Iraq -- the reliance on officials, on officials figures, the failure to ask questions, etc.
July 1st was Sunday.  The June death tolls were covered or 'covered' depending upon how easy of grader you are.  As noted in Third's "Editorial: 472 killed in June from violence in Iraq," "Reuters claims 237 deaths.  AFP goes a wee bit higher with 282."  Iraq Body Count -- which neither of the outlets bothered to mention -- counted 472 deaths.  The United Nations counted 401 deaths.  But the wire services went with the much, much smaller number.  Well maybe they weren't aware of the IBC number of the United Nations number?
Oops.
Competing #Iraq death tolls for June: AP - 234; Reuters - 237; AFP - 282; UN - 401; Iraq Body Count - 472. Government figure? 131.
Prashant is the Baghdad Bureau Chief and clearly he was aware of the other numbers.  He could include them in a Tweet.  One wonders why AFP wasn't able to include them in an actual news article?  Sunday Margaret Griffis (Antiwar.com) reported her outlet's count: 544.
Of course, a month with over 400 deaths?  That doesn't imply the Iraq War is over, does it?
My name is Penny Evans and I've just gone twenty-one
A young widow in the war that's being fought in Vietnam
And I have two infant daughters, I thank God I have no sons
Now they say the war is over but I think it's just begun
Now the death tolls?  Not a new issue.  And in April, Joel Wing wrote a great article for AK News about the Iraqi government undercounting:

In February 2012, the Iraqi government released its official figures for casualties from April 2004 to the end of 2011. It had over 69,000 deaths for that time period. That count was 30,000 less than other organizations that keep track of violence in Iraq. During the height of the civil war, the country's ministries' numbers were comparable to other groups, but since 2011 they have consistently been the lowest. While some Iraqi politicians have claimed that the official counts miss many deaths, it could also be argued that the statistics are being politicized by the prime minister who controls all of the security ministries.
On February 29, 2012, Iraqi government spokesman Ali Dabbagh announced the government's numbers for deaths in the country. He said that from April 5, 2004 to December 31, 2011 69,263 Iraqis were killed. 239,133 were also wounded. The deadliest year was 2006 when there were 21,539 dead, and 39,329 wounded. 2011 was the least violent with only 2,777 casualties. Of the nation's eighteen provinces, Baghdad was the deadliest with 23,898 dead for the reported time period, followed by Diyala, Anbar, and Ninewa. Muthanna in the south was the safest with only 94 killed over the seven years covered. A member of parliament's human rights committee immediately criticized the report. The deputy claimed that there were thousands of people who disappeared during the civil war that were never counted. He also said that out in the countryside, reporting to the ministries was poor. No numbers on violence in Iraq can be anywhere near complete. During the civil war from 2005-2008 there were sections of the country that were too dangerous to enter and do any serious reporting. Some insurgent groups also buried their victims. The problem with the ministries numbers however are that they are so far below other organizations that keep track of violence in Iraq, which was not always true.
It's a shame Prashant wasn't aware of the article.  Oh, wait.  He was.  And Joel Wing reminded him of it yesterday.
Competing #Iraq death tolls for June: AP - 234; Reuters - 237; AFP - 282; UN - 401; Iraq Body Count - 472. Government figure? 131.
@prashantrao Here's article I wrote comparing govt death figures to others Only recently have their numbers been so off http://musingsoniraq.blogspot.com/2012/04/whats-wrong-with-iraqi-governments.html
@JoelWing2 Worth recalling that in mid-2010, opposite was true - govt figure was so high, US military felt compelled to release their figure
I don't know what Prashant's been smoking in Baghdad but after Nancy A. Youssef got her scoop (in Knight Ridder's final days before becoming McClatchy) that the US was keeping a count (they'd denied it previously) that figure was regularly included in the State Dept reports. Those reports continued through 2011.  Possibly he was unaware of them.  I have no idea what he's Tweeting about with his claim that the "US miltiary felt compelled to release their figure"  in 2010.  Again, the US kept toll of Iraqis dying from violence was included in the State Dept reports.  These were usually weekly though they did drop to bi-weekly and less in the final year (2011).
Sometimes when I am feeling as a big as the land
With the velvet hills in the small of my back
And my hands are playing in the sand
And my feet are swimming in all of the waters
All of the rivers are givers to the ocean
According to plan
-- "Peace Will Come" written by Melanie (Safka), first appears on her Leftover Wine
But never according to the US press' plan, apparently.   Reminder:  From October 19th through 28th at Blackfriars Theatre in Rochester, New York, Melanie and the Recordman will be performed, the story of Melanie and her late husband Peter Schekeryk (he passed away in 2010, they were together for decades, starting in the sixties).  That's ten performances only and among those working on the show with Melanie is her son Beau Jarred Schekeryk.  Melanie is the original Queen of the Rock Festivals, having performed at so many (including Woodstock).  "Lay Down (Candles in the Rain)" made her a name all over the world and her other hits include "What Have They Done To My Song, Ma?," "Peace Will Come (According to Plan), "Bitter Bad," "The Nickel Song," "Ring The Living Bell," her cover of "Ruby Tuesday," "Beautiful People" and her number one hit "Brand New Key."
Sunday, W.G. Dunlop (AFP) reports, "Iraqi women face court-ordered virginity tests that often show they were virgins until marriage but shame them nonetheless, doctors at an institute that carries out the tests and a lawyer said."  He quotes Amnesty International's Marianne Mollman stating, "The issue of virginity testing, and forced virginity testing and sort of legal virginity tests in court proceedings or in other ways, violate a whole host of human rights and are just not justifiable.  Even if it were legitimate to look at whether women were virgins for whatever reason, which it's not, you can't use a virginity test for that, because the hymen might break for any reason." Anna Breslaw (Jezebel) notes, "The Human Rights Watch, Amnesty International and the Iraqi Women's Association are all doing their best to eliminate this practice as the status quo, claiming it's both inhuman and ineffective." 
While many have remained in Iraq, millions have chosen to leave.  That includes the brain drain period -- where Iraq lost a large number of doctors, nurses, attorneys and other professionals in the earliest years of the illegal war.  In 2006 and 2007, as the ethnic cleansing took place, many more began fleeing.
Despite false claims, there has been no great return. Some people flat out lie and others apparently don't understand UN figures on IDPs are not UN figures on Iraqis who have left the country.  Owen Bowcott (Guardian) has two reports on Iraqi refugees.  From his first one:
Hind Abed sees her husband every day – in Colnbrook detention centre, west London, where he is detained under threat of deportation. Together they can listen to the sound of planes departing from nearby Heathrow airport.
The 18-year-old fled with her family from bombings and gun attacks in Baghdad. They arrived in Britain five years ago and Abed has been granted indefinite leave to remain. Last year, she married Anwer al-Zaidi, 28, in an Islamic ceremony; she is a Shia Muslim, he is a Sunni from a different area of Baghdad. Her family, she says, does not approve of the match.
"I love him," she said, "but if he is sent back to Iraq, he will be killed.
The Iraqi parliament has banned the forced return from Europe of tens of thousands of failed asylum seekers and threatened to fine airlines that take part in deportation programmes.
The unilateral declaration has already resulted in deportees being turned back at the border, according to the London-based refugee support organisation that has lobbied for the policy change.
For the past year, the United Kingdom has been unable to remove Iraqis, even after they have lost the right to remain in Britain, owing to legal disputes over their reception at Baghdad airport and the state of security within Iraq.
Though the United Nations has repeatedly noted it is not safe for Iraqis to return, many host countries have ignored that reality.  And in the United States, the target goals set for Iraqi refugees remain unmet.
The political crisis continues, Al Mada reports that an Iraqiya spokesperson says that the tolerance of nondemocratic moves by the government is hurting Iraq and that, when Nouri al-Maliki is questioned before Parliament,, this will become even more obvious.  The spokesperson says when, not if.  Alsumaria interviews State of Law MP Haitham al-Jubouri who insists taht the Sadr bloc has abandoned efforts for Nouri to appear before Parliament for questioning and that it wants to work with Nouri.  The Sadr bloc is not part of State of Law and State of Law is Nouri's political slate so the announcements regarding the Sadr bloc will continue to come from Moqtada and his spokespersons, not from State of Law.  Kitabat reports on Moqtada al-Sadr's statements which were that he worries this may not be the time for a no-confidence vote and where he says he would favor reforms.  Of course, he would favor reforms.  He's said that for how many months now?  Does State of Law think no one pays attention?  He wants the Erbil Agreement returned to.  There's nothing new in his statements -- which were in reply to a follower online.   Al Mada reports that Nouri is still pushing his recent interest: a national conference.  He wasn't interested in it from December through most of June but, suddenly last week, he became interested.  The newspaper reports he's pushing Ibrahim al-Jaafari to head it.  Nouri knew this would cause conflict -- the Kurds and al-Jaafari have been publicly at odds since 2005.  (At odds much longer but it went public in 2005.  They began fighting against his receiving a second term as prime minister at that point.)

Meanwhile remember when Little Saddam (Nouri al-Maliki) forgot he was a puppet and thought he could demand that the White House get ExxonMobil to drop their deal with the Kurds?  Silly puppet.  Administrations dance for oil corporations.  Dar Addustour reports that US Vice Presidetn Joe Biden phoned Nouri on Thursday to express the US government's belief that Nouri needs to stop trying to halt that deal and that Nouri was informed that the F-16s Iraq 'needs' will not be supplied if Nouri doesn't stop trying to halt he ExxonMobil deal.  It's amazing.  Torture cells didn't bother the White House.  Killing gay men and men suspected of being gay didn't bother the White House.  Attacking Iraqi youths didn't bother the White House.  But when a billion dollar ExxonMobil deal was threatened, suddenly the White House is ready to pull the F-16s.
In other news,  Mark Bentley (Bloomberg News) reports that the Turkish government is stating that its war planes have bombed "three positions of the Kurdistan Workers' Party, or PKK, in northern Iraq."  AP adds, "It was the latest Turkish air campaign against the rebels in Iraq since the killing of eight Turkish soldiers along the border around mid-June." AFP notes the announcement here. Aaron Hess (International Socialist Review) described the PKK in 2008, "The PKK emerged in 1984 as a major force in response to Turkey's oppression of its Kurdish population. Since the late 1970s, Turkey has waged a relentless war of attrition that has killed tens of thousands of Kurds and driven millions from their homes. The Kurds are the world's largest stateless population -- whose main population concentration straddles Turkey, Iraq, Iran, and Syria -- and have been the victims of imperialist wars and manipulation since the colonial period. While Turkey has granted limited rights to the Kurds in recent years in order to accommodate the European Union, which it seeks to join, even these are now at risk."  AP notes the Turkish government is claiming 24 PKK killed last week.
On this week's Law and Disorder Radio,  an hour long program that airs Monday mornings at 9:00 a.m. EST on WBAI and around the country throughout the week, hosted by attorneys Heidi Boghosian, Michael S. Smith and Michael Ratner (Center for Constitutional Rights) and this week they address the Supreme Court immigration decision with attorney Cathy Albisa and Dr. Katherine Albrecht joins the hosts to discuss microchips and other privacy issue.   Spychips: How Major Corporations and Government Plan To Track You Your Every Move with RFID, is Albrecht's latest book.  Excerpt:
Dr. Katherine Albrecht:  Where I get concerned is when we start talking about places where your privacy is invaded that you don't know it's happening and you don't have control over it.  That's not Facebook, that's more getting into Google and Gmail and e-mail programs and tracking cookies and online tracking.  And once all of that stuff starts to get collected about you, then it begins to impede with democracy, with freedom, with all of the things that we value so much in this country.  And I'll give you an example.  When we -- Google is kind of my current project right now because when you log on to Google -- and I could say Yahoo or Bing too because they're all doing this -- you think you're logging on to a search engine that's a helpful tool that's going to answer a question that you have. The reality is that it does answer your questions.  But Google does not view the google.com search box as a helpful tool for you. They do not spend millions of dollars perfecting their search algorithms so they can give you stuff for free.  They're not your mom, they're not your dad, they're not your best buddy.  They're a company that's in business to make money.  So what they do is they set this up as essentially bait to get you to log onto their system and tell them what you are thinking.  You know, if you think about this from a government perspective,  Stalin and Pol Pot and Hitler and all these people going back would have given their eye teeth to have had a way to get the entire population five, ten, twenty times a day to log into a centralized computer and upload what they were thinking about at that moment. But the reality is that they came at us with guns and tanks and laws and regulations forcing us to do that, we'd all say, "Heck no."  We'd never do it.  But when they give us -- and by "they," here I'll go back to Google --  when Google gives us a little window into which we can type what's on our minds, we voluntarily do it and we thank them for it.  So another way to think of it, Google is a multi-billion dollar corporation.  When was the last time a multi-billion dollar corporation gave you all of its products for free?  And the answer is "never" because those aren't products, they're bait and you are the product.  Let me transfer this over to e-mail as well.  Every G-mail [Google e-mail account] that you send or receive is read and copied and the keywords are placed into the profile of both the sender and the recipient of every e-mail.  Now let me tell you why that's a disaster.  My doctor, my primary care physician -- I just overcame an 18-month battle with breast cancer.  My doctor, who I love dearly, whose a total freedom loving woman, she said, "Listen, I need to get your latest blood tests and you just had a full workup on the cancer.  Send that to me."  And I said, "Well I have it as a PDF."  And she said, "Send it to me as an attachment."  And then she writes down her e-mail address and it's G-mail.  Had I sent that to her, Google -- according to its own privacy policy -- would have stripped of my entire medical report from that PDF and placed it into their files that I don't even have access to, that I can't delete.  They would have put it in their file and then they would have known all of that about me. 
So this becomes not only a problem for privacy and control because I certainly would not put my medical records up on a billboard in Time Square, but it also becomes a problem for dissidents and for people who are working for freedom in dangerous parts of the globe.  You may have heard a few years ago there was a fairly high profile case in which Google was hacked into by the Chinese and the people whose e-mails were hacked -- these were G-mail accounts and Google searches and all the records that Google keeps.  They were hacked, we believe, because the Chinese government  wanted to identify dissidents so that they could round them up and lock them up.  People whose identifies that they were not able to get otherwise.
Michael Ratner: Yeah, it's absolutely creepy, Katherine.
Dr. Katherine Albrecht:  I was going to say, Michael, when people say, 'If you're not doing anything wrong, why should you care?' Alright, we've heard this a thousand times.  Well let me you that if a woman is -- feels a lump in her breast and suspects she might have cancer, if a woman is going through a miscarriage and needs some counseling, if-if a man if his prescription drug use might be tipping the scale over into addiction, if you are in the process of losing your home, or maybe you're looking for unemployment insurance, you're not doing anything wrong but you certainly don't want that information out there in a giant data base where it could fall into the wrong hands or even where Google itself could have it.  Why would I want anyone to know this personal information unless I chose to disclose it?  So when people say 'you're not doing anything wrong,' I say, "No, we've all got a line of what's private and what's public.  And it's not about right and wrong.  That is a fake argument. That is an argument that these people will give you when they want to invade your privacy and they want you to suck it up and accept it.   And we've got to get passed 'I'm not doing anything wrong' and we've got to get into, "It's none of your blank business."
Heidi Boghosian: Now Katherine that brings up the issue, for example, of attorney - client privilege if there are communications through G-mail, for example.
Katherine Albrecht: Huge issue.  When you've got a situation where you are duty bound and perhaps even legally bound to keep certain information private, if you are using a G-mail account, even if your client has a G-mail account and you don't, if you are transmitting sensitive information through there, I believe that you are in violation of not only your attorney-client privileges but potentially even in violation of the law.  And I believe that there will be in the future some major lawsuits over this because Google clearly states in its privacy policy that that so-called free e-mail program that they're giving you, which is really only worth about five bucks a month, you're not getting a huge value from them, but in exchange for that, you are allowing them openly to copy and make records of everything that you send and transmit.