Wednesday, January 3, 2024

Shady Menendez

 

We're back in the land of Shady -- Shady Menendez.  NBC News reports:

federal grand jury has filed a second superseding indictment against Sen. Bob Menendez, D-N.J., following previous allegations of accepting bribes.

The new allegations say Menendez made positive statements about Qatar to help a New Jersey developer get a multimillion-dollar investment from a company tied to the country. The developer cited in the indictment is Fred Daibes, who has also been charged in the case.

During the time of the discussions in late 2021 into 2022 for the investment in the deal, Menendez allegedly made a number of statements supportive of Qatar.

“Menendez provided Daibes with these statements so that Daibes could share them with the Qatari Investor and a Qatari government official associated with the Qatari Investment Company,” the indictment says.

Prosecutors allege that Daibes exchanged text messages with Menendez about the alleged scheme. In September 2021, Daibes sent Menendez, via an encrypted app, photos taken from Daibes' computer of luxury watches valued from $9,990 to $23,990 and asked Menendez “how about one of those,” according to prosecutors.




The nerve of Shady!  Who did he think he was?  Crooked Clarence Thomas?  Mediaite adds, "The Southern District of New York filed a superseding indictment Tuesday charging Menendez with accepting high-end items like race car tickets and luxury wristwatches valued at up to $24,000 in exchange for promoting the Qatari government."  And NY Daily News notes:



They [the feds] also say his bribery scheme stretched over a longer period than under the original charges brought in September, which included allegations that Menendez — a Democrat and former head of the Senate Foreign Relations Committee — sought to advance Egyptian interests. Those charges stretched between 2018 and 2022.

The amended indictment, which doesn’t contain new charges, alleges Menendez took bribes from Fred Daibes between 2021 and 2023 in exchange for boosting the government of Qatar, which was linked to an investment fund with which Daibes sought to do business.




Let's all remember if Shady's found guilty that he really needs the book thrown at him because he has refused to do the right thing and step down.  


 

This is C.I.'s "Iraq snapshot:"

 

Wednesday, January 3, 2024.  The Israeli government expands the war to Beirut, announces that the intent is to force Palestinians out of the region, whines that they aren't just a star on the American flag (they're not a star on the flag) and continues to assault Gaza.


As the assault on Gaza continues, the aims of the Israeli government becomes more clear -- so clear that even Joe Biden can't continue to ignore everything.  THE TIMES OF ISRAEL reports:

The “voluntary” resettlement of Palestinians from Gaza is slowly becoming a key official policy of the government, with a senior official saying that Israel has held talks with several countries for their potential absorption.

Zman Israel, The Times of Israel’s Hebrew sister site, has learned that Prime Minister Benjamin Netanyahu’s coalition is conducting secret contacts for accepting thousands of immigrants from Gaza with Congo, in addition to other nations.

“Congo will be willing to take in migrants, and we’re in talks with others,” a senior source in the security cabinet said.


Long feared, long anticipated, the land grab is now no longer in question.  REUTERS notes, "The U.S. State Department on Tuesday slammed recent statements from Israeli Ministers Bezalel Smotrich and Itamar Ben-Gvir that advocated for the resettlement of Palestinians outside of Gaza, calling the rhetoric 'inflammatory and irresponsible'."  The US State Dept issued the following:

The United States rejects recent statements from Israeli Ministers Bezalel Smotrich and Itamar Ben Gvir advocating for the resettlement of Palestinians outside of Gaza. This rhetoric is inflammatory and irresponsible. We have been told repeatedly and consistently by the Government of Israel, including by the Prime Minister, that such statements do not reflect the policy of the Israeli government. They should stop immediately.

We have been clear, consistent, and unequivocal that Gaza is Palestinian land and will remain Palestinian land, with Hamas no longer in control of its future and with no terror groups able to threaten Israel. That is the future we seek, in the interests of Israelis and Palestinians, the surrounding region, and the world.


The Hindustan Times notes the response of the Israeli government:

Israeli minister Itamar Ben-Gvir slammed ally United States over its criticism of his push for the transfer of Gazans out of the Palestinian territory amid Hamas war. The Israeli national security minister posted on X (formerly Twitter), “The United States is our best friend, but first of all we will do what is best for the State of Israel: the migration of hundreds of thousands from Gaza will allow the (Israeli) residents of th envelope to return home and live in security and will protect the IDF (Israeli) soldiers.”

"I deeply appreciate the United States of America, but with all due respect, we are not just another star on the American flag," he added.


First off, you're not any star on the American flag. 

Second, spoken like a cheap whore.  Is there a reason that they have steal the hard earned American taxpayers' money?  How pathetic are they that each year they beg for over 2 billion annually?  They put on their little g-string and dance begging the US to slip some cash in there.  No wonder that government's ended up where it is now.  How can you pretend to have self-respect on the world stage when the whole world knows you're just a whore.  

Two billion a year (at least) since 1999.  Do you know what the US would be like if the country invested that money into its own citizens?


Gaza remains under assault.  Binoy Kampmark (DISSIDENT VOICE) points out, "Bloodletting as form; murder as fashion.  The ongoing campaign in Gaza by Israel’s Defence Forces continues without stalling and restriction.  But the burgeoning number of corpses is starting to become a challenge for the propaganda outlets:  How to justify it?  Fortunately for Israel, the United States, its unqualified defender, is happy to provide cover for murder covered in the sheath of self-defence."   CNN has explained, "The Gaza Strip is 'the most dangerous place' in the world to be a child, according to the executive director of the United Nations Children's Fund."  ABC NEWS quotes UNICEF's December 9th statement, ""The Gaza Strip is the most dangerous place in the world to be a child. Scores of children are reportedly being killed and injured on a daily basis. Entire neighborhoods, where children used to play and go to school have been turned into stacks of rubble, with no life in them."  NBC NEWS notes, "Strong majorities of all voters in the U.S. disapprove of President Joe Biden’s handling of foreign policy and the Israel-Hamas war, according to the latest national NBC News poll. The erosion is most pronounced among Democrats, a majority of whom believe Israel has gone too far in its military action in Gaza."  The slaughter continues.  It has displaced over 1 million people per the US Congressional Research Service.  Jessica Corbett (COMMON DREAMS) points out, "Academics and legal experts around the world, including Holocaust scholars, have condemned the six-week Israeli assault of Gaza as genocide."   The death toll of Palestinians in Gaza is now well over  20,000. NBC NEWS notes, "The vast majority of its 2.2 million people are displaced, and an estimated half face starvation amid an unfolding humanitarian crisis."   THE GUARDIAN notes, "A total of 22,313 Palestinians have been killed and 57,296 have been injured in Israeli strikes on Gaza since 7 October, the Gaza health ministry said in a statement."  In addition to the dead and the injured, there are the missing.  AP notes, "About 4,000 people are reported missing."  And the area itself?  Isabele Debre (AP) reveals, "Israel’s military offensive has turned much of northern Gaza into an uninhabitable moonscape. Whole neighborhoods have been erased. Homes, schools and hospitals have been blasted by airstrikes and scorched by tank fire. Some buildings are still standing, but most are battered shells."  Kieron Monks (I NEWS) reports, "More than 40 per cent of the buildings in northern Gaza have been damaged or destroyed, according to a new study of satellite imagery by US researchers Jamon Van Den Hoek from Oregon State University and Corey Scher at the City University of New York. The UN gave a figure of 45 per cent of housing destroyed or damaged across the strip in less than six weeks. The rate of destruction is among the highest of any conflict since the Second World War."  Max Butterworth (NBC NEWS) adds, "Satellite images captured by Maxar Technologies on Sunday reveal three of the main hospitals in Gaza from above, surrounded by the rubble of destroyed buildings after weeks of intense bombing in the region by Israeli forces."


Yesterday, Amy Goodman and Juan Gonzalez (DEMOCRACY NOW!) spoke with Francis Boyle about a new development.



AMY GOODMAN: As the death toll from Israel’s bombardment of Gaza since the October 7th Hamas attack on Israel now exceeds 22,000, South Africa has filed a case at the International Court of Justice in The Hague accusing Israel of genocide and trying to, quote, “destroy Palestinians in Gaza.” This comes as the separate International Criminal Court is already investigating alleged war crimes committed by both Israel and Hamas.

In its filing to the ICJ, the main judicial body for the United Nations, South Africa says, quote, “The acts and omissions by Israel complained of by South Africa are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group,” unquote. South Africa accused Israel of violating the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, which Israel has signed on to.

Israel responded by calling the charge, quote, “without legal merit.” The Israeli Foreign Ministry accused South Africa of, quote, “collaborating with a terrorist group that calls for Israel’s annihilation,” unquote.

South African President Cyril Ramaphosa has compared Israel’s treatment of Palestinians in the Occupied Territories to racist system of apartheid in his own country which ended in 1994 after nearly half a century. In November, Ramaphosa responded to Israel’s assault on Gaza by recalling South Africa’s diplomats from Israel.

PRESIDENT CYRIL RAMAPHOSA: The collective punishment of Palestinian civilians through the unlawful use of force by Israel is a war crime. The deliberate denial of medicine, fuel, food and water to the residents of Gaza is tantamount to genocide.

AMY GOODMAN: Meanwhile, in October, South African lawmaker and the grandson of Nelson Mandela, Nkosi Mandela, joined a Palestinian solidarity protest in Cape Town.

NKOSI ZWELIVELILE MANDELA: Palestinians are counting on each and every one of us to stand and be counted, like they stood side by side with us in the trenches when we fought to liberate our country.

AMY GOODMAN: For more, we’re joined by Francis Boyle, professor of international law at the University of Illinois College of Law. He previously applied the Genocide Convention for Bosnia and won two requests for provisional protection from the ICJ against Yugoslavia, and thinks the same could apply here. His books include The Bosnian People Charge Genocide, as well as Palestine, Palestinians, and International Law and World Politics, Human Rights, and International Law.

Professor Boyle, welcome back to Democracy Now! It’s good to have you with us in this new year, but under very serious circumstances. If you can explain why it’s South Africa that’s bringing this charge, and what exactly is the International Court of Justice, where it fits into the world justice system? And talk about the charge of genocide.

FRANCIS BOYLE: Well, thank you very much for having me on, Amy. My best to your listening audience.

Not to toot my own horn here, but I was the first lawyers to win anything under the Genocide Convention from the International Court of Justice, that goes back to 1921. I single-handedly won two World Court orders for the Republic of Bosnia-Herzegovina against Yugoslavia to cease and desist from committing all acts of genocide.

And based on my careful review of all the documents so far submitted by the Republic of South Africa, I believe South Africa will win an order against Israel to cease and desist from committing all acts of genocide against the Palestinians. And then we will have an official determination by the International Court of Justice itself, the highest legal authority in the United Nations system, that genocide is going on. And under Article I of the Genocide Convention, all contracting parties, 153 states, will then be obliged, quote, “to prevent,” unquote, the genocide by Israel against the Palestinians.

Second, when the World Court gives this cease-and-desist order against Israel, the Biden administration will stand condemned under Article III, paragraph (e), of the Genocide Convention, that criminalizes complicity in genocide. And clearly we know that the Biden administration has been aiding and abetting Israeli genocide against the Palestinians here for quite some time. This has also been raised by my friends in the Center for Constitutional Rights and in the National Lawyers Guild in a lawsuit against Biden, Blinken and Austin.

So, I believe we will be able to use the World Court order. Right now my sources tell me the hearing will be January 11, January 12. Based on my experience with the Bosnians, we can expect an order within a week.

I would also say, with respect to the Biden administration, they are currently in violation of the Genocide Convention Implementation Act, that makes genocide a crime under United States law. And again, once we — South Africa wins this order, the Biden administration also will stand in violation of the Genocide Convention Implementation Act.

So, I believe this is where we will be going between now, I would say, and the end of this month. And it is up to all of us, as American citizens, to figure out and support what South Africa is doing at the International Court of Justice here.

JUAN GONZÁLEZ: And, Francis Boyle, what’s the difference between the International Court of Justice and the International Criminal Court, which is already considering allegations of war crimes by both Israel as well as the Palestinian militant groups?

FRANCIS BOYLE: Right, Juan. The International Court of Justice was originally established back in 1921, its predecessor, legal predecessor, in law. And that is where I filed the genocide case. I was the first lawyer ever to win two orders in one such case since the World Court was founded in 1921, and it was on the basis of the Genocide Convention. The International Criminal Court is a separate international organization, set up in 2000.

The problem, Juan, is this. Back in 2009, after Operation Cast Lead, I advised Palestinian President Mahmoud Abbas to accept the jurisdiction of the International Court — of the International Criminal Court for Palestine, which he did. I regret to report that the International Criminal Court has not done one darn thing to help the Palestinians since 2009. The International Criminal Court has all the blood of the Palestinian people on its hands since 2009. And, Juan, that is why we set up a campaign to find a state willing to file a lawsuit at the International Court of Justice, the World Court.

The ICC basically operates at the behest of its funders and founders and masters, which is the U.S., the NATO states, the European states, etc. Until their expedited indictment of President Putin as U.S.-NATO lawfare against Russia, the International Criminal Court had not indicted one American, one European, one Brit, one NATO citizen and one Israeli, and one white person.

So, we’ve gone — we have a campaign now to support the Republic of South Africa at the International Court of Justice. And we are asking — we’re starting this campaign today. I’m part of a coalition. We’re starting this campaign today to get members of the Genocide Convention to file declarations of intervention at the World Court in support and solidarity with South Africa against Israel and in support of the Palestinians. That material hopefully will go out today.

JUAN GONZÁLEZ: Francis, I wanted to ask you, though — Joan Donoghue is the president of the International Court of Justice. She previously worked in the U.S. State Department. How do you think she will approach South Africa’s application? What power does she have to shape the proceedings?

FRANCIS BOYLE: That’s a good question, Juan. Yes, Donoghue is a lifelong, careerlong U.S. State Department legal apparatchik, which is how she got the job. And I am sure she’s in contact right now today with the U.S. State Department, giving them a heads-up on everything going on over there at The Hague behind the scenes. She will toe the State Department party line in these proceedings. I regret to report the president does have a lot of power there to shape these proceedings. I suspect she will use that power to shape the proceedings in favor of Israel.

However, I have also been advised that the Republic of South Africa is, as of now, nominating a judge ad hoc. That is their right under the statute of the International Court of Justice. I don’t have a name yet, but I would hope the South African judge ad hoc will do his or her best to try to keep Donoghue straight.

AMY GOODMAN: I want to go back to South Africa, who has done this genocide filing. In 2008, I had the opportunity to speak with the South African anti-apartheid icon, the Nobel Peace laureate Archbishop Desmond Tutu. I caught up with him at the South African vice consul’s apartment in New York right before Archbishop Tutu received the Global Citizens Circle award. I asked him about Palestine.

AMY GOODMAN: Would you compare the occupation of Gaza and the West Bank to apartheid South Africa?

ARCHBISHOP DESMOND TUTU: I have to speak about what I know. I mean, most people — a Jew will usually speak about their experiences and maybe compare whatever it is that is happening with what happened in the days of the Holocaust. For me, coming from South Africa and going — I mean, and looking at the checkpoints and the arrogance of those young soldiers, probably scared, maybe covering up their apprehension, there’s no way in which I couldn’t say — of course, that is a truth. It reminds me — it reminds me of the kind of experiences that we underwent.

AMY GOODMAN: So, that was Archbishop Desmond Tutu. Francis Boyle, talk about the significance of it being South Africa and what it means for one state to bring a charge against another state. Who are signatories here? And how binding is this? Explain what happened, for example, in Bosnia.

FRANCIS BOYLE: Sure. Well, first, the connection there with the late, great Archbishop Tutu, the current lead counsel now in the lawsuit for South Africa is professor John Dugard, a longtime friend of mine. Professor Dugard was one of the very few courageous white professors of international law who internationally opposed the criminal apartheid system in South Africa, at risk to his life. Second, later on, Professor Dugard became U.N. special rapporteur for Palestine. I read all of his reports. They are excellent. Professor Dugard’s heart and head are in the right place with the Palestinians, and he is one of the top professors of international law in the world.

So, there is a direct comparison between the Israeli apartheid system on all the Palestinians, including Palestinian citizens of Israel, and what happened in apartheid South Africa. Indeed, Professor Dugard has written that the Israeli system of apartheid against the Palestinians is worse than the apartheid that the Afrikaners applied to the Black people in South Africa.

I was involved in the struggle against apartheid in South Africa, and that is my assessment, too. Indeed, the parallels here then led me, in November 2000, to call for the establishment, in a speech — the establishment of the divestment/disinvestment campaign against Israel, for the exact same reasons we had a divestment/disinvestment campaign against the criminal apartheid regime in South Africa. And then, in 2005, Palestinian civil society contacted me to go in with them on establishing the Palestinian Boycott, Divestment and Sanctions campaign against Israel, against apartheid Israel, for the exact same reason we had a BDS campaign against the criminal apartheid regime in South Africa.

So, Tutu, Dugard, I and, I would — Ramaphosa, the foreign minister in South Africa, who’s made very compelling speeches, they all understand what’s going on here and what’s at stake.

AMY GOODMAN: And the issue of genocide in Bosnia, if you could explain, for people who are not familiar with what happened? And then what came of the charges at the International Court of Justice?

FRANCIS BOYLE: Yes. Well, Yugoslavia exterminated about 200,000 Bosnians, raped about 40,000 Bosnian women. I was the lawyer for all of them, arguing their case at the International Court of Justice. And I won these two orders on 8 April, 1993, and 13 September, 1993. Until I won that order, 8 April, 1993, everyone was denying that genocide was going on. And once I won that order, that was massive and overwhelming in favor of the Bosnians, no one could deny anymore that genocide was going on.

As for the effectiveness, when I walked out of the World Court on 8 April, 1993, and won that order, I walked into the foyer there outside the grand courtroom. The whole world news media were there. And I said at the time, “The World Court has just determined that genocide is going on in Bosnia and Herzegovina. Under Article I, every state party to the Genocide Convention has an obligation to prevent genocide in Bosnia. And I hereby request direct military intervention by the United States and the NATO states to save the Bosnians from genocide.” Later that day, the United States and NATO announced that they were instituting a no-fly zone, enforcing a no-fly zone over Bosnia. So these orders by the World Court can have consequences.

And it will be up to us here in the United States to devise the strategy for consequences for the Biden administration, because we have to pressure the Biden administration to order Israel to stop the genocide. They will do what we Americans tell them to do. In Operation Cast Lead, that had been going on for a period of time under President Bush Jr., Obama — the Obama people were coming into power. Obama was about to be inaugurated. And in order not to spoil Obama’s inauguration, the United States government told Israel to stop Operation Cast Lead. So we have to understand we here in the United States of America have the power to stop this. But we have to figure out how to use the order that South Africa will win here in the United States of America.

This is exactly what happened in Nicaragua. You’ll remember, Amy, I was involved in advising almost every peace NGO and lawyer here in the United States on the legal issues with respect to Reagan’s war against Nicaragua, El Salvador, Guatemala. My teacher, mentor and friend, the late, great Abe Chayes at Harvard Law School, won a World Court order against the Reagan administration in 1984, and then also a final judgment on the merits in 1986. We here in the United States used that World Court order and the final judgment to stop Reagan’s war against Nicaragua. Regretfully, 16,000 —

AMY GOODMAN: We have 20 seconds.

FRANCIS BOYLE: Regretfully, 16,000 Nicaraguans were killed, including U.S. citizen Ben Linder, but we did stop that. And I believe that with this World Court order that South Africa will win, we can stop what Israel is doing to the Palestinians.

AMY GOODMAN: Francis Boyle, professor of international law at the University of Illinois College of Law. His books include The Bosnian People Charge Genocide, Palestine, Palestinians, and International Law, as well as World Politics, Human Rights, and International Law.

When we come back, as this pivotal election year gets underway, we speak with Ryan Grim about how the powerful lobby group AIPAC is set to spend more than $100 million against progressive congressmembers who are critical of Israeli human rights violations in Palestine. His new book, The Squad. Stay with us.

[break]

AMY GOODMAN: “EZLN… Para tod@s, todo,” “For everyone, everything,” by Manu Chao. This week marks the 30th anniversary of the Zapatista uprising in Chiapas.


Yesterday, the Israeli government expanded the war to Beirut.  Leo Sands, Sarah Dadouch and Claire Parker (WASHINGTON POST) report:


Regional and global leaders warned against escalating violence after the killing of a top Hamas official, Saleh Arouri, in Beirut, amid fears that tensions could boil over on the Israel-Lebanese border and across the region.

  • In France, President Emmanuel Macron told Israeli Minister Benny Gantz that it was “essential to avoid any escalatory attitude, particularly in Lebanon,” according to a readout of a call Tuesday provided by French officials, AFP reported. Macron also reportedly offered for France to play an intermediary role to keep lines of communication open between all parties.



The director general of the World Health Organization (WHO), Tedros Adhanom Ghebreyesus, condemned strikes on the Palestine Red Crescent Society headquarters in Khan Younis in a statement on Tuesday.

“I deplore today’s strikes on the @PalestineRCS-run Al-Amal hospital in the southern #Gaza city of Khan Younis, which severely damaged the Palestine Red Crescent Society training centre located within the hospital complex,” he said.

Calling the bombardment “unconscionable,” Ghebreyesus said hospitals, ambulances, health workers and people seeking care must be protected under international humanitarian law and added that WHO’s movements, as well as those of its partner organizations like the Red Crescent, had been severely impeded by the ongoing violence across Gaza.

Ghebreyesus reiterated his call for an immediate ceasefire to ensure “the accelerated and unimpeded flow of food, medical supplies, water and other essential items to millions of civilians forced to live in unspeakable conditions.”

Pointing to “widespread deaths, suffering and decimation of homes, roads and other infrastructure,” the WHO chief wrote “If the conditions for a cease-fire in hostilities have not been met by now, I do not know what it will take.”


This morning, Human Rights Watch released information on the conditions in which Gaza workers have been detained/imprisoned by the Israeli government:


Israeli authorities held thousands of workers from Gaza in incommunicado detention for several weeks following the October 7 attacks, subjecting at least some of them to inhumane and degrading conditions, Human Rights Watch said. Thousands more remain stranded in the occupied West Bank without valid legal status and vulnerable to arrest.

Those detained after October 7 were held by Israeli authorities in Israel and the West Bank, some of whom were reportedly interrogated on alleged links to, or knowledge of, the attacks. On November 3, over 3,000 Palestinian workers were released from detention and transferred to Gaza. Israeli authorities have yet to state the total numbers of workers from Gaza in Israel on October 7, or the number of workers who were detained or remain detained. Israeli authorities have not disclosed if any workers from Gaza were charged with any crime.

“Israeli authorities detained thousands of workers for weeks without charge in incommunicado detention, subjecting at least some to humiliating ill-treatment,” said Michelle Randhawa, senior refugee and migrant rights officer at Human Rights Watch. “The search for perpetrators and abettors of the October 7 attacks does not justify abusing workers who had been granted permits to work in Israel.”

The October 7 Hamas-led attacks killed an estimated 1,200 people, mostly civilians, according to Israeli authorities. More than 21,600 Palestinians have been killed, including more than 8,500 children, during the hostilities, according to Gaza authorities.

An estimated 18,500 workers from Gaza had permits to work in Israel on October 7, though it is unclear how many were in Israel that day. To get permits, applicants from Gaza underwent stringent security evaluations.

On December 19 and 21, Human Rights Watch wrote to the Israeli military and Israel Prison Service with its findings asking for comment, but received no response, as of writing.

Human Rights Watch spoke to four workers from Gaza detained by Israeli authorities after October 7. Three workers were part of a small group released to the West Bank before November 3, and one was released on November 3 to Gaza.

One man attempted to go to the West Bank after he realized his work permit was cancelled and deleted from Al Munasiq, the phone app where work permits are stored. He said he was stopped at a checkpoint on the way to the West Bank, blindfolded, hands tightly bound with zip ties, and taken first to Ofer prison, and then to an unknown second location. There, he said, “They [forced me to take] off all my clothes…and they took pictures of me.…They beat me intensely, I was naked during this, it was humiliating. The worst part was when the dogs were attacking [me]. I was blindfolded and cuffed with metal shackles, I didn’t know if the dogs were controlled by someone or just left to attack me, I was terrified.”

He was interrogated and asked to identify his home on an aerial map of Gaza and was also asked about specific people. He was then released on November 3 at the Kerem Shalom crossing into Gaza.

Another man said Israeli police in Rahat, a city in southern Israel, arrested him and other workers from Gaza after the October 7 attacks and took them to an army base in Ofakim, Israel.

[The Israeli forces] “made us undress,” he said. “[We were] completely naked. They handed us Pampers to wear and thin white overalls…. We stayed blindfolded and cuffed [with zip ties on our hands and feet] for 10 days... We kept asking why we are detained. We never got an answer, only verbal assaults and death threats.”

He said he was beaten for hours, then dragged on gravel face down and attached to a wall or fence by his cuffed hands, and then beaten again: “Every time I fell on the ground I was forced to stand up, and again more beatings and I fell on the ground. With every beating and fall the plastic zip ties on my hands became tighter and more painful.”

He was then transferred to Ofer prison where he spent another four or five days until he was released into the West Bank.

Another man who worked in Rahat said he and other workers were arrested and taken to the Rahat police station on or around October 9. While blindfolded with their hands zip-tied behind their backs, “Israeli forces constantly cursed at us…and threatened to kill us.... We were held for 12 hours. We were not allowed water or [to use] the bathroom.”

Israeli forces also transferred him to Ofer prison, where he said he was interrogated about Hamas in Gaza. On October 22, Israeli authorities released him to Palestinian Red Crescent paramedics, who took him by ambulance to the Ramallah Public Hospital, where staff treated his zip tie wounds. Human Rights Watch saw the scars on his wrists.

The Israeli military spokesperson confirmed to Haaretz two Gaza workers, one with cancer, one with diabetes, died in Israeli custody, saying, “The two died due to […]complex medical condition[s] contracted before they arrived at the facilities. An investigation is being conducted into the circumstances of their death.” Both men were arrested after October 7. One of the men Human Rights Watch interviewed said there was a cancer patient with him in Ofer who died after a few days in pain.

The Israeli human rights groups Gisha and HaMoked told Human Rights Watch that families in Gaza contacted them after October 7 when they stopped hearing from relatives with work permits in Israel. Both organizations requested permission to visit the detainees, speak to them by phone, and receive information on their judicial status, yet to no avail.

“We had no contact with the Gaza workers while they were detained,” said Nadya Daqqah, a lawyer from HaMoked. “It can’t get any more incommunicado than this.”

On October 23, six human rights organizations in Israel filed an urgent petition with Israel’s High Court, which stated Israeli authorities had refused to provide any information about where workers were being detained, under what law, and for how long.

On November 2, Gisha and HaMoked submitted a second urgent petition to Israel’s High Court stating that “the detainees were being held…without access to legal representation” and allegedly subjected to “physical violence and psychological abuse, as well as…inhumane conditions.”

On November 2, the Israeli cabinet voted to return “Gaza workers who were in Israel on the day the war broke out” to Gaza. The next day, Israeli authorities released 3,026 Palestinian workers to Gaza via the Kerem Shalom crossing. On November 13, the Court rejected the petition, given the release of workers on November 3.

The released Palestinian workers gave media interviews, describing abuses and degrading conditions in detention, including being subjected to electric shocks, urinated on, attacked by dogs, as well as held for several days without food or water. Human Rights Watch was not able to verify these accounts. Gisha interviewed two brothers who had similar accounts of being blindfolded, beaten, and held without any communication with either their families or lawyers.

On November 9, the Israeli government published an emergency regulation on the “detention and deportation of unlawful residents of [Gaza].” The regulation states that Gaza workers no longer have a legal basis for being in Israel – since Israeli authorities canceled their work permits – and will be held in custody until removal. While the regulation sets time limits on detention, it also allows for extensions based on security needs.

The situation of the thousands of workers from Gaza who fled or were released to the West Bank remains unclear. Many are living in temporary shelters provided by the Palestinian Authority and nongovernmental organizations. There are reports from late November that Israeli Defense Forces have arrested workers from Gaza who had been sheltering in private homes.

On November 10, Israel, in coordination with the Palestinian Authority, transferred another group of 982 workers from Gaza who had been sheltering in the West Bank to Gaza via the Kerem Shalom crossing.

On November 28, Israeli authorities released 300 Palestinian workers to Gaza via the Kerem Shalom crossing. According to Osnat Cohen-Lifshitz, the head of Gisha’s legal department, these workers were released from the Anatot military base.

“Israeli authorities should disclose how many workers from Gaza were in Israel on October 7, how many were detained, whether any remain in detention and the basis for their detention,” Randhawa said. “They should investigate reports of abuse in detention and ensure the humane treatment of all detainees.”



At THE GUARDIAN, V notes, "We are watching now, millions of us and we must keep watching. They know how powerful our watching is and that is why they are doing everything they can to censor what we are watching. They want us to turn away. They are betting that they will outlast us and exhaust our attention with their atrocities. We must keep watching because it is only in this pain and through this pain that we will charge our resolve and our power and force America and Israel to end this bloody war. We can and we must."



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  • Tuesday, January 2, 2024

    What is up with the attacks on fast food workers in North Carolina


    Dwayne Waden is the name of the idiot.  I read first about the crazy at USA Today and they did not provide his name.  Then I read AP.  Same thing.  The Guardian's article by Erum Salam reports the name:



    Christian pastor’s recent trip to a McDonald’s in North Carolina ended in his arrest on allegations that he attacked his wife’s co-worker while threatening to put his head in a deep fryer.
    According to authorities, Dwayne Waden’s arrest on 28 December occurred after he went into a McDonald’s restaurant in High Point, North Carolina, where his wife was training to be a manager. The visit was prompted by a call to Waden from his wife, who complained that her fellow employees were “disrespecting her”.

    Waden, described as both a pastor of Elevated Life International Ministries and a semi-truck driver, went behind the counter after arriving and punched a worker several times. He then placed his hands around the targeted employee’s neck, led the worker to the deep fryer and threatened to submerge his head until the victim’s colleagues pulled Waden off, police alleged.

    Security cameras captured footage of the attack, police said.



    Leave out pastor for just a moment.  As a Christian he's supposed to be a model.  His behavior is not the behavior of my family or me.  Nor does it reflect the members of our church.  And he needs to be removed as a pastor because of his actions.  He clearly has misunderstood the very book he's supposed to be teaching.  His actions are outrageous.  

    And what is it about North Carolina and idiots there attacking fast food workers?  This:





    An enraged North Carolina man and woman are being sought for viciously attacking a Chipotle worker after learning that their order of extra chicken would cost more, police say. 

    Jamel Williams, 36, and Kayla Pyle, 34, reportedly placed an order inside a Charlotte, North Carolina, Chipotle on Dec. 10 but when a 20-year-old worker there said that Pyle’s request for extra protein would cost more, a heated argument kicked off, according to local authorities.

    The unidentified worker was allegedly so upset with the interaction that she decided to end her shift early from the Indian Land eatery and go home at around 9 p.m., according to the Lancaster County Sheriff’s Office. It is unclear what was said between the arguing parties. 

    As the worker headed for the door on one side of the dining room, Williams, who at 6-feet 3 inches tall and 300 pounds is much bigger than the worker, entered from the other side and approached the victim, police said.

    "He pushed her to the floor and began hitting her, pulling her hair, and jerking her around," the Lancaster County Sheriff’s Office said in a statement.


    All three attackers need to go to prison.  Not for a minute but for a long stretch of time.  Two different fast food workers have been injured.  While doing their job.  There is no excuse for that.  The attacker at McDonalds and the two attackers at Chipotle should be sentenced to maximum sentences to send a message that you're not going to be allowed to attack fast food workers.  This is outrageous.  

    These are the year in review community pieces, by the way:

    2023 end of the year pieces:  Rebecca's "sexiest men of 2023,"   "2023 in film (Ann and Stan)" and Stan's "2023 in film (Ann and Stan)," Mike's "Idiot of 2023,"  Ruth's "Ruth's Streaming Report." Martha & Shirley's "2023 in books (Martha & Shirley)." Kat's "2023 in music"  and C.I.'s "2023: The Year of Touch Grass."

     

    This is C.I.'s "Iraq snapshot"

    Tuesday, January 2, 2024.  The assault on Gaza continues, Joe Biden continues to search for a spine, and much more.


    The government of Israel is pulling a small number of troops from Gaza and some outlets are trying to distort this into some sort of end of war or move towards a cease-fire.  It is nothing of the sort.  They're being pulled so that the Israeli government can attack other areas.  CNN's Amir Tal and Charbel Mallo note that the Israeli military is also now attacking Lebanon and Syria. NBC NEWS adds, "Israel says it will withdraw five military brigades, including many reservists, from the Gaza Strip this week in an effort to pace itself for an expected long-term conflict and to mitigate damage to its economy."

    Gaza remains under assault.  Yousef Aljamal (ZNET) notes:

    The number of Palestinians killed by Israel since October 7 is more than 20,000 according to the Gaza Health Ministry, although no one can give an exact number under these circumstances. As I write, in early December, Israel has just bombed a residential bloc in the crowded Shuja’iyya district in Gaza City, destroying 50 more houses on top of their residents. The amount of destruction brought upon the people of Gaza, unseen since 1948, suggests one thing: Israel’s clear intention to depopulate Gaza, a plan that Tel Aviv tried to implement in the past but has never succeeded at.

    While grieving the dead, Gazans are also mourning the loss of familiar landscapes as major landmarks in Gaza City turn to rubble. Israel seems intent on eradicating not just Gaza’s future, but its past. Churches, universities, cultural sites and the city’s main archive, which housed more than 100 years of historical records, have been destroyed in airstrikes. In early December 2023, Israel bombed the Great Omari Mosque, the largest mosque in the city and the site of thousands of years of history spanning multiple faiths. On that site is believed to have stood the temple of Dagon central to the biblical story of Samson and Delilah, which later became a Byzantine church to the patron god of Gaza, Marnas, which Rome then destroyed to build a Christian church, whose ruins were used to build the mosque.

    But Gaza’s people, known for their love for spices and chiles (brought to the Arabian Peninsula through Gaza’s old seaport), have always been stubborn. The coastal enclave has been conquered and destroyed numerous times in the past 3,500 years; the city’s symbol is the phoenix, rising from the ashes. Alexander the Great lost three battles before conquering Gaza; the Allied Forces during World War I, more than two millennia later, lost two.

    Gaza was the last Palestinian city to convert to Christianity, around the year 400. After the Islamic conquest of Palestine, in 636, a strong Christian minority remained (although it has dwindled to 1,000 people in recent years, as young Christians fled the occupation).

    In 1948, the Greater Gaza district included 45 villages, mostly agricultural communities. All of these villages were ethnically cleansed by Zionist militias seizing the land. The Palestinians from these villages ended up as refugees in what became the Gaza Strip, a tiny territory that makes up 1.3% of historic Palestine. Between May and October 1948, the population of Gaza tripled, from 100,000 to 300,000.

    Today, the population is 70% refugees. Since 2007, Gazans have been living under a tight Israeli land, air and sea blockade, suffocating their potential and their ability to lead a normal life. The unemployment among young people has risen to 70%. Hundreds of Palestinians have died waiting for Israel to issue permits for access to medical care. In 2007, my sister, 26 at the time, needed a minor surgery, but her application to leave Gaza was denied for a week; when she was finally able to have the surgery, she was unable to handle it, and she lost her life.


    Gaza remains under assault.  Binoy Kampmark (DISSIDENT VOICE) points out, "Bloodletting as form; murder as fashion.  The ongoing campaign in Gaza by Israel’s Defence Forces continues without stalling and restriction.  But the burgeoning number of corpses is starting to become a challenge for the propaganda outlets:  How to justify it?  Fortunately for Israel, the United States, its unqualified defender, is happy to provide cover for murder covered in the sheath of self-defence."   CNN has explained, "The Gaza Strip is 'the most dangerous place' in the world to be a child, according to the executive director of the United Nations Children's Fund."  ABC NEWS quotes UNICEF's December 9th statement, ""The Gaza Strip is the most dangerous place in the world to be a child. Scores of children are reportedly being killed and injured on a daily basis. Entire neighborhoods, where children used to play and go to school have been turned into stacks of rubble, with no life in them."  NBC NEWS notes, "Strong majorities of all voters in the U.S. disapprove of President Joe Biden’s handling of foreign policy and the Israel-Hamas war, according to the latest national NBC News poll. The erosion is most pronounced among Democrats, a majority of whom believe Israel has gone too far in its military action in Gaza."  The slaughter continues.  It has displaced over 1 million people per the US Congressional Research Service.  Jessica Corbett (COMMON DREAMS) points out, "Academics and legal experts around the world, including Holocaust scholars, have condemned the six-week Israeli assault of Gaza as genocide."   The death toll of Palestinians in Gaza is now well over  20,000. NBC NEWS notes, "The vast majority of its 2.2 million people are displaced, and an estimated half face starvation amid an unfolding humanitarian crisis."  ABC NEWS notes, "In the Gaza Strip, at least 20,915 people have been killed and more than 54,900 others have been wounded by Israeli forces since Oct. 7, according to the Hamas-run Gaza Health Ministry and the Government Media Office."  Actually, that figure has already been updated.  ALJAZEERA notes, "The Palestinian death toll in Gaza rose to 21,978."  That's an increase of nearly one thousand since Friday.  What is the magic number, by the way, the death toll that moves Joe Biden to action?  Friday, THE GUARDIAN notes, "The ministry reported that 55,243 people had been wounded. It said 195 people were killed and 325 injured in the last 24 hours."  In addition to the dead and the injured, there are the missing.  AP notes, "About 4,000 people are reported missing."  And the area itself?  Isabele Debre (AP) reveals, "Israel’s military offensive has turned much of northern Gaza into an uninhabitable moonscape. Whole neighborhoods have been erased. Homes, schools and hospitals have been blasted by airstrikes and scorched by tank fire. Some buildings are still standing, but most are battered shells."  Kieron Monks (I NEWS) reports, "More than 40 per cent of the buildings in northern Gaza have been damaged or destroyed, according to a new study of satellite imagery by US researchers Jamon Van Den Hoek from Oregon State University and Corey Scher at the City University of New York. The UN gave a figure of 45 per cent of housing destroyed or damaged across the strip in less than six weeks. The rate of destruction is among the highest of any conflict since the Second World War."  Max Butterworth (NBC NEWS) adds, "Satellite images captured by Maxar Technologies on Sunday reveal three of the main hospitals in Gaza from above, surrounded by the rubble of destroyed buildings after weeks of intense bombing in the region by Israeli forces."



    In Palestine the turn of the year was marked by continuing horror. In the final days of 2023 Israel only accelerated its plan to massacre and displace as many Palestinians as possible.

    The terror state continued to flatten whole neighbourhoods in Gaza with its bombs. And it targeted those left homeless with a bloody ground assault. The Red Cross wrote last week that Israel’s war has now forced 1.9 million people out of their homes.

    Most are now internally displaced within Gaza and have been forced to shelter in makeshift tents that do little to keep out the rain or the cold. Ibitsam, who lives in Deir el-Balah, in central Gaza, told Socialist Worker, “People have nowhere but streets. Hundreds and maybe thousands are homeless in Gaza as people’s houses and shelters are full. Gazans don’t only die from rockets but also from cold, dirt, diseases and hunger.”

    Zahrat, who lives near Nablus, in the West Bank, told Socialist Worker that watching from close by is “terrifying and heartbreaking.”

    “The bombing is now intensifying to increase the death toll, and homes are being demolished over the heads of their owners without warning. And the Israelis are killing journalists to prevent the truth from reaching the world. This is a war of deliberate killing and extermination of civilians.

    “The remaining population lives in fear, without food, without shelter, without electricity, and in the open in this cold weather. I don’t understand how the world could have celebrated Christmas and New Year. While the children of the world received gifts, the children of Palestine were under bombardment.

    “Save what is left of Gaza by pressuring your governments across the world to stop this war.”

    Palestinians are still trying to count the dead after Israel bombed the Maghazi refugee camp, in central Gaza, on Christmas Eve. After the attack, Israeli said it “regretted” how many civilians had been killed because its soldiers “accidentally” used the wrong kind of bombs.

    An Israeli Defence Forces spokesperson said that “the type of munition did not match the nature of the attack, causing extensive collateral damage that could have been avoided.”

    The Maghazi camp was one of the areas Israel had instructed Palestinians to evacuate to and which it had labelled “safe”. The official death toll following the attack currently stands just under 100, but residents of the camp say that figure is likely to rise.

    Ahmed Maghari, a resident of Maghazi, said, “We pulled out so many body parts that we can’t even estimate the total number of deaths yet. In each home, there’s a minimum of 50 people.

    “A lot of them are displaced Palestinians from other parts of Gaza who were forced to flee their homes. They’re all in pieces, and we’re pulling them out with our bare hands,” he added.

    “We’ve now gathered at least two piles of body parts.”

    If the scale of death at Maghazi was unintentional, as Israel suggests, that must mean the numbers of dead after every other massacre it commits are intentional.

    Delegates at the United Nations (UN) last month finally passed a resolution on the war on Gaza. But rather than calling for an immediate ceasefire, as millions of people across the world are demanding, it instead is just a promise for more aid.

    Western powers have repeatedly blocked calls for a break in Israel’s bombardment. They ensured only language acceptable to Israel was contained in the final motion.

    The resolution now says the UN will “facilitate and enable the immediate, safe and unhindered delivery of humanitarian assistance at scale.” Farcically, the West prevented the UN from calling for an end to Israel’s targeting of its own agencies in Gaza.

    The UN Agency for Palestinian Refugees was hit by Israeli troops last week. “Israeli soldiers fired at an aid convoy as it returned from northern Gaza along a route designated by the Israeli army,” Thomas White, director of the agency in the Gaza Strip, said in a statement. “Our international convoy leader and his team were not injured but one vehicle sustained damage,” he added.

    In total, 180 UN facilities have been targeted by Israel, including schools and medical facilities. Even if the UN were to take a tougher line, Israel would likely ignore it. Since 1968 it has broken over 30 UN resolutions.


    Meanwhile, Chris Marsden (WSWS) critiques some efforts in the UK:


    Millions of workers and young people have protested in the UK and internationally, outraged by the slaughter carried out by Israel in Gaza with the explicit aim of ethnically cleansing the Palestinians. Their anger is directed not only against Netanyahu’s fascist government, but their backers in Britain’s parliament and paymasters in the United States.

    But Britain’s Stop the War Coalition (STWC) and its political leader Jeremy Corbyn have sought to limit all protests to placing pressure on the Conservative government, and its de facto allies in the Labour Party, to shift from their naked support for Israel and instead demand a ceasefire.

    Week after week, the Israeli war machine grinds on and the mountain of Palestinian corpses grows while governments have either made their appeals for “pauses” or ceasefires in the United Nations, or abstained like the UK—all knowing that the US-Israel axis will ensure the genocide continues unabated.

    In the mouths of everyone from President Macron in France to the despotic rulers of various Arab regimes, calls for a ceasefire are a transparent cover for their active collusion with Israel in its efforts to ethnically cleanse Gaza, to be followed by the West Bank and Israel itself. Yet the more bankrupt this perspective has proved, the more Stop the War insists that success will come by just getting more people onto the streets.

    December 9 saw the seventh national march demanding a ceasefire since October 7 and the last scheduled to take place until January 13 next year. The lead-up to that march saw the campaign for Britain to demand a ceasefire go down to a catastrophic defeat. On November 15, the first UK vote of any kind was held on Israel’s genocidal assault, on a Scottish National Party’s (SNP) ceasefire amendment to the King’s Speech.

    In the weeks before this vote, Labour leader Sir Keir Starmer became a hate figure for millions because of his justification of war crimes by citing Israel’s “right to self defence”. Facing a backlash, more than two dozen Labour councillors quit, while thousands wrote condemning the party’s position and demonstrations took place outside MP’s constituency offices.

    On November 11, 800,000 marched in London demanding a ceasefire in the biggest protest in the UK since the 2003 march against the Iraq War. Despite this, and after five weeks of mass murder, Starmer did not budge an inch—just four days later whipping his MPs to oppose the ceasefire amendment. The SNP’s motion met with a resounding No, with 293 against and just 125 in favour. A large portion of the Tory Party’s 350 MPs were not even required to cast a vote to ensure its defeat.

    Close to three quarters (142) of Labour MPs followed Starmer’s order to abstain. Only 56 voted for a ceasefire. As the WSWS wrote, “Not one of the Labour MPs who broke with Starmer’s orders in this vote has any intention of breaking with the Labour Party or waging any fight against its pro-genocide majority. Few were thinking about saving anything other than their chances of re-election.”

    In the vote’s aftermath, eight members of Labour’s frontbench resigned or were sacked and the party machine rumbled on. Most who did resign professed their continued loyalty to Starmer, with Labour Friends of Israel member Jess Phillips’s “Dear Keir” resignation letter noting her “heavy heart”, pride in “your Labour Party” and pledge to “do everything I can to deliver a Labour government…” Most of these scoundrels will be back on board in due course.

    More revolting still was the refusal of a single nominally “left” MP to break from the party, after weeks of near blanket refusal to even criticise Starmer by name for his criminal collusion with genocide.


    In the US, Joe Biden remains committed to the slaughter as it continues to destroy his chances of re-election.  He stands on the world stage exposed as a scared and elderly man not fit to lead a nation as evidenced by his refusal to show true leadership and demand an immediate cease-fire.  Instead of demanding what is required, he continues to back the slaughter and supply weapons.  Jordan Shilton (WSWS) notes, "The far-right government led by Prime Minister Benjamin Netanyahu can only proceed with such aggression because it knows it enjoys the unconditional support of US imperialism and its European allies. In the latest example of this fact, Secretary of State Anthony Blinken declared an emergency situation to bypass the requirement to obtain congressional approval for the sale of M107 155mm shells worth close to $150 million to Israel. The shells are typically fired from howitzer guns and will enable the IDF to continue its indiscriminate bombardments of densely populated areas."


    March 31, 1968, then-President LBJ declared, "Accordingly, I shall not seek, and I will not accept, the nomination of my party for another term as your President."  If Joe can't find his spine, it's time for him to start crafting his speech announcing he will not seek re-election because he's destroying the party currently.  Young people are not motivated to vote for him, they are horrified by his actions.  Muslim Americans who had to live through the witch hunts following 9/11 are not on board with a second term of Joe Biden.  He should not be allowed to drag the entire political party down with him.

    The only way he can be re-elected currently is for the media to fall in line and lie for him.  That's what the silencing is about.

     

     

    Janine Jackson: Depending on when you hear this, the Rutgers/New Brunswick chapter of Students for Justice in Palestine might be the most recent campus group to be suspended for what administrators called “disruptive and disorderly conduct,” and “failure to comply with university or civil authority.”

     SJP is a student-activist network of campus groups in support of Palestinian lives and liberation, and naturally very active now in the midst of Israeli military attacks on Gaza that, as we record, have killed some 20,000 Palestinians minimally, injuring and displacing orders of magnitude more.

    Calls for a ceasefire, at least, are growing in this country and around the world, but that’s in the face of ever-more aggressive, top-down efforts to shut those calls, and the people making them, down. If we are to resist what many are calling a new McCarthyism, we need to inform ourselves of what and where the concerns are, and to stay in conversation with one another.

    Here to help us with both of those is Wadie Said, professor of law and dean’s faculty fellow at the University of Colorado Law School, and author of the book Crimes of Terror, out from Oxford University Press. He joins us now by phone. Welcome to CounterSpin, Wadie Said.

    Wadie Said: Thank you for having me.

    JJ: Listeners will have heard the unsettling reports—more, it seems, each day—of not only student groups being shut down on campus, but powerful people calling for publishing lists of the names of any students who even sign a petition, so that they can be denied future jobs.

    We’ve seen editors and journalists and other workers fired, forced out or reprimanded for indicating in any way that they oppose, not even the state of Israel, but the killing and harming and displacing of thousands and thousands of people. Poetry and art events canceled, just for suggesting support for Palestinians, and many of it coming with this kind of fig leaf of: This targeting—which to be clear, we do hope ruins your life—it isn’t just because you don’t support Israel in all of its actions, but because, by our reckoning, you insufficiently oppose Hamas and what it does.

    It is lost on few people who are paying attention that we are living in a very disturbing moment for an aspiring democracy, and it’s within this context that we see the piece that you recently co-authored with Anthony O’Rourke for Dissent, in which you warn that this is potentially moving beyond private institutions like universities or Wall Street companies using their power to sanction or to intimidate—not that that doesn’t mean real, material harm—but moving to federal law enforcement facing pressure to employ a particular federal statute that kicks a number of other things into play.

    And you note that this tool wasn’t even at the hands of the FBI during the COINTEL Program, which some of us will remember from the 1960s. So there are levels of troubling things happening here, but let’s get started with: What is the statute that you’re talking about, and why are you concerned that it could come into play right now?

    WS: The ban on providing material support to designated foreign terrorist organizations, with the law that was passed by Congress as part of a larger omnibus bill that purported to reform both—and, I use “reform” in the most euphemistic sense of the word, it was actually a kind of crackdown on immigration to this country, and also on habeas corpus rights for federal and state prisoners, where the avenues for relief were significantly narrowed.

    And within the confines of this larger bill, there was an element that purported to take on the problem of terrorism. And this was in 1996 that the law was actually passed. So it predates the September 11 attacks by over five years. And the way the law works, is it gives the secretary of state the authority to designate organizations, provided that they’re one, foreign; two, engage in terrorist activity; and three, that terrorist activity hurts American national security, or other foreign interests or economic interests of the United States.

    And this is a finding that’s completely within the province of the secretary of state. So this isn’t something that you or I or anyone else can challenge in a court. In fact, the only way to challenge a group being designated as a foreign terrorist organization is if someone were to argue, well, you got the wrong group, or you got the name wrong, or something like that. Just on purely administrative basis. There’s no substantive basis to challenge this.

    And once the group is designated as an FTO, or foreign terrorist organization, individuals, wherever they are, are prohibited from providing what is called material support. And when the law was passed in 1996, the idea was that there was a problem in the United States that Congress was cracking down on, terrorist organizations raising money via humanitarian or charitable activity.

    And the idea was that Congress made a finding in passing this law that money is fungible, and so money for legitimate charitable activity—the government never challenged that the activity in question was charitable activity. They just said that if a terrorist group is raising money for charity, that frees up money for buying weapons and conducting violent activity. And it can be banned as such. It can be criminalized as such.

    The interesting thing here of—well, there are many interesting things, but some of the interesting things here are, for example, one, this bill created a list of foreign terrorist organizations, but it was passed in the wake of the Oklahoma City bombing, which was a decidedly domestic act. And there’s no corresponding list of domestic terrorist organizations.

    Two, this purported problem of terrorist organizations raising money in the United States under the cover of humanitarian activity, I personally have never seen, and I’ve been following this law since it was passed, and litigating it and studying it for over 20 years. And I do have to say I have never seen evidence that this was a really pressing problem, that the United States was somehow a way station for terrorist organizations to raise money under cover of charitable activity. So there’s that issue as well.

    And then, the final issue is that the concept of material support, money and weapons and things like this, tangible items that contribute to an organization’s illegal ends or illegal goal, that has expanded to include things like free speech. So in 2010, the Supreme Court, in a case called Holder v. Humanitarian Law Project, decided that “material support” in the form of speech could be criminalized.

    So the group of the day is Hamas, the Islamic resistance movement; if I wanted to say, “Hey, you need to work according to international law and be less violent and use peaceful means to pursue your goals and get away from violence,” I could be prosecuted for providing material support to a foreign terrorist organization, provided that that support is done in coordination with, or under the direction of, the foreign terrorist organization.

    The key stop that the Supreme Court put in place, because they realized that this was going after what was otherwise protected free speech, the key stop or safety valve provision that they put in, well, they said, provided the speech that is being criminalized with material support has to be “in conjunction with,” or “at the behest of,” a terrorist organization. Independent advocacy is not covered.

    So that’s why when we see, for example, the Brandeis Center (which is not affiliated with Brandeis University, as my co-author Tony O’Rourke has pointed out several times), and the ADL, when they make the call for students, pro-Palestinian activist students, to be investigated under this law, it’s disingenuous for numerous reasons, but primarily because there is no evidence, as far as I know of, that these students are acting in coordination with or at the behest of Hamas, for example.

    So this is a kind of an interesting gray area, where the call to investigate and the concept of material support, it’s broad enough that perhaps the FBI or other federal agencies could investigate. It may not lead to criminal charges, but the fact of an investigation is enough of an impediment and enough of a chill to be alarming to those of us who believe that free speech rights should be much better protected.

    JJ: Absolutely. And I think the word “chill” is of course important here. There was, listeners may know, a Senate resolution that condemned anti-Israel, pro-Hamas student groups. And that language—you don’t have to be a historian or a regional expert to understand that “anti-Israel,” “pro-Hamas,” is very inexact language, and intentionally broad and leading. And you can hear the echoes of it. If you were someone who condemned the US invasions of Afghanistan and Iraq, there were people online who called you pro–Al Qaeda or whatever, but it didn’t necessarily, although it did in some cases, come with this law enforcement, federal definition that that speech was in fact in support of a foreign terrorist operation.

    So I think what we’re trying to say, or what I’m trying to say, is there’s a whole lot of discretion involved here by federal law enforcement: who they choose to identify as a threat, what they call material support, who they use it against, who gets to bring the cases. These are kind of the questions that you’re bringing up in that piece, that it’s not like, this is a law and it’s just being applied. This is a law with a whole lot of discretion being very particularly or potentially particularly applied.

    WS: Of course. And I think one of the things that I identified, again, many years ago, when I was a federal public defender and working on a case involving material support charges, and I’ve talked about this quite a bit in terms of my writing, but I initially saw it in the context of a terrorism prosecution, where you see how the material support law has what I call a double selectivity problem.

    The first is, “Who gets on the list?” So it’s not every group that engages in—not every non-state group, it has to be said; these are all non-state actors, with the one exception of the Iranian, it’s kind of confusing, the Iranian Republican Guard, but they call themselves the Islamic Republican Guard, that’s part of the Iranian government. So that’s the one exception to the whole apparatus that targets non-state groups, with the one exception of this Iranian group, but basically targets these non-state groups.

    So there’s a question of who gets on the list, OK, which is 100% within the discretion of the secretary of state. It’s not something that you or I can say anything about or influence.

    And then there’s a question of, even if a group gets on the list, it doesn’t necessarily mean that anyone’s going to be prosecuted for providing material support to any particular FTO, because, like you mentioned, this is all discretionary. Prosecutors have basically unreviewable discretion to bring these type of cases, provided they’re free of overt bias, which is almost impossible to prove.


    Silencing also includes burying reality about Israelis reacting against the slaughter.  Which is why 60 MINUTES avoids Tal Mitnick and it's left to Omri Wolfe (WSWS) to report:


    Tal Mitnick, an 18-year-old conscript to the Israeli Defense Forces (IDF), refused to serve and was sentenced to a 30-day prison term. Mitnick is one of hundreds of Israeli teenagers who have refused military enlistment this year to protest the Palestinian occupation. His refusal became a lightning rod in Israeli politics because of his sentence and the sharply worded political statement he published on social media, tearing down the arguments of the defenders of genocide.

    Fortress Israel always requires an endless stream of fresh recruits, guaranteed through Israel’s conscription laws, which mandate military service for both men and women, including reserve duty until age 40 or beyond. 

    Israel is a garrison state. Its navy strictly controls the shared coastline with the Gaza Strip; pilots crisscross the skies to carpet bomb the Palestinians or evade air defenses en route to Iran; drone pilots operate the densest reconnaissance network in the world; intelligence agents capture and process millions of signals a day; spies conduct assassinations abroad; and engineers maintain a massive nuclear arsenal, the Iron Dome missile shield, and sophisticated cyber operations. The West Bank is crowded with young foot soldiers guarding illegal settlements, patrolling endless checkpoints, and meting out military justice against an occupied population.

    Military service functions as a pipeline to private industry, and placement in competitive military units is a prerequisite to specialized careers. The question, “In what unit did you serve?” is the Israeli equivalent of “How’s the weather?” and a non-answer may invite condemnation.

    Mitnick’s decision to refuse would therefore be a courageous act of defiance at any time. Amid the xenophobic anti-Palestinian hysteria whipped up to justify genocide in Gaza, it assumes even greater significance. Despite widespread enlistment exemptions granted for religious, health, and increasingly mental health reasons, the Zionist state views Mitnick’s refusal under conscientious objector status as treasonous and, consequently, is making an example of him. 

    While first-time refusal often carries a sentence of 7-10 days, Mitnick has been sentenced to thirty days’ imprisonment, after which he will again be called up, again refuse, and face further punishments to act as a deterrent to others contemplating similar protests against the war crimes of the Israeli state.

    Mitnick published a statement on Twitter/X, stating, “Violence cannot solve the situation, neither by Hamas, nor by Israel. There is no military solution to a political problem.” He lays out the political problem in clear and powerful language: “Before the war, the army guarded the settlements, maintained the murderous siege on the Gaza Strip, and upheld the status quo of apartheid and Jewish supremacy in the land between the Jordan [river] and the [Mediterranean] Sea.”



    2023 end of the year pieces:  Rebecca's "sexiest men of 2023,"   "2023 in film (Ann and Stan)" and Stan's "2023 in film (Ann and Stan)," Mike's "Idiot of 2023,"  Ruth's "Ruth's Streaming Report." Martha & Shirley's "2023 in books (Martha & Shirley)." Kat's "2023 in music"  and our "2023: The Year of Touch Grass."

    The following sites updated: