Monday, November 1, 2021

 The Spy Who Tried To Stop A War.

Was the 2003 invasion of Iraq, by the US-led coalition, illegal under international law?

Are Bush, Cheney, Powell, Rumsfeld, Tony Blair, et al, war criminals according to international law?

Why did the US Media fail to report on this?

These are questions raised by the House of Commons and the UK Media. While the US has remained silent. 

Here's the thumb-nail outline of what happened. It's post 9/11. Bush cannot find OBL in Afghanistan in 2002. So decides invade Iraq in 2003. However, this would not be lawful without a UN Security Council mandate and especially not if regime change is the objective of the invasion (which it clearly IS). The US suspects that it won't get a UN mandate to invade Iraq. So the US NSA emails British Intelligence GCHQ asking for help in spying on Security Council members to pressurize them into voting for Bush's invasion of Iraq (Resolution 1441). The UK Attorney General, Lord Goldsmith, tells Blair that without a UN mandate, an invasion is unlawful. But then changes his mind after an apparent arm-twisting trip to Washington DC. While UN Resolution 1441, crafted by the US and UK, requires Iraq to support inspections by UNMOVIC and IAEA, it contains no "hidden triggers" and no "automaticity" with respect to the use of force. Ergo, no UN mandate to legitimize the imminent Bush/Blair invasion of Iraq. But the US nevertheless decides to unilaterally re-interpret Resolution 1441 to allow for an invasion. And then the NSA email lands on the desk of GCHQ staffer Katherine Gun. Concerned that the UK is about to get drawn into an unlawful war without a UN mandate, Gun leaks the email to the UK media. She quickly confesses to a breach of the British Official Secrets Act and is charged accordingly. Her defense is "necessity" - to save British, American and Iraqi lives in an unlawful war. When Gun appears at the Old Bailey Central Criminal Court to face charges under the OSA, the charges are suddenly withdrawn. Even though she confessed to leaking the document and breaching the OSA. Why? Perhaps in order to refute her defense of necessity, the UK, and by implication the USA, would have to challenge her contention that the war was indeed unlawful. (The defense of necessity does obviously not apply to an imminent threat that is lawful.) And a breach of UN resolution 1441, a unanimous vote on which the UN voters may or may not have been blackmailed by an unlawful joint NSA-GCHG spying operation. 

In not reporting on this, was the US media just asleep at the wheel, or were they too afraid to speak up and speak out? In either case, could they have stopped the war and perhaps saved thousands of American, British, Coalition and Iraqi lives? 

Read the full story : The Spy Who Tried to Stop A War by Marcia & Thomas Mitchell

Friday, March 9, 2018

Paranoia in the Fourth Reich?

After a sleepless 12-hour flight from Cape Town to Amsterdam, followed by another sleepless 9-hour flight to Atlanta GA, and with my Automated Passport Control receipt in hand, I respond to a crooked-finger summons and step up to the stern and blank-faced Customs & Border Protection officer and hand over my APC receipt, passport and US Permanent Residence Green-card. No greeting or welcome home from this unsmiling Gestapo agent. Just a number of questions. Where have you been? South Africa. How long? A month. Why so long? I went to bury my sister and take care of my mother. How much money are you bringing into the USA? About US$200 and about ZAR3000. How many bags did you check? Two. Do your bags contain any prohibited items such as meat, dairy or agricultural products? No.

My passport and Green-card are placed in a clear plastic folder and handed to another unsmiling CBP officer who beckons me to follow him to the baggage area where I collect my 2 pieces of checked luggage. We move to an inspection area where I am questioned again. Did you pack all of your bags? Yes. Are you carrying anything for anyone else? No.  Have your bags been in your possession all the time. Yes, but only until I checked my bags with the airline in Cape Town after having had them shrink-wrapped. Does your luggage contain any prohibited items? No. Do you take full responsibility for the contents of your bags? Yes. The officer thereupon proceeds to unpack and search both of my checked bags and my 2 items of cabin baggage. I am questioned about everything. Why so many chocolates? My family loves chocolate and Cadbury tastes better than Hershey. What are these bags of powdered Pepper Sauce? Mixed with boiling water, Pepper Sauce is great for steaks. What is this Durban Curry? It’s an Indian cooking spice. Referring to some Panado and Venteze, what are these medicines? Non-prescription over-the counter items from my father’s pharmacy – Panado is paracetamol, safer than ibuprofen, and Venteze is albuterol for my son’s asthma. An hour later I am instructed to repack my bags. I am then told to wait. My passport and Green-card are still in the plastic folder, lying on the officer’s counter. Another period of waiting. Then without another word, my passport and Green-card are handed to me and I am told to exit the inspection hall. The whole process has taken almost 2 hours. I smile at the officer with a “Thank you Sir. I hope you found what you were looking for.” Silence from his side. Clearly I have disappointed him.

Now I understand and appreciate the need for security. But I am a lawful permanent resident of the United States of America. I have earned this privilege through hard work and not through accident of birth.  And I am a tax-payer. Those Customs and Border Protection officers are there on my dime. They are public servants and they are the first face of America that arrivals see.  Would a “Good Morning” be too difficult?  There was a time when a CBP officer, on seeing my Green-card, smiled at me with a “Welcome back to America, Sir.”

But no more. The paranoia of this Fourth Reich seems to operate under a presumption of guilt. A suspicion that everyone coming to the USA has ill-intent. An attitude of hostility towards every arrival. And apparently makes no distinction between visa-holders and legal permanent residents. Or has my family been ear-marked for some sort of special treatment? Just 6 months ago, my wife had an even worse experience at the hands of the CBP officers at JFK Airport in New York. There’s nothing quite like having to use the ladies bathroom in full open-door view of a watchful CBP agent and then finding that there’s no toilet-paper, wash-basin or paper-towels, to develop just a bit of a dislike for this so-called bastion of civilization.


Come on America. You only get one chance to make a first impression. Be firm. Be strict. But courteousness, politeness, civility and human decency are currencies with immeasurable investment returns.

Friday, March 23, 2012

Defining America – an Essay on the Changing American Culture and Morality

The only thing necessary for the triumph of evil is for good men to do nothing -- Edmund Burke.

Perhaps when Henry Ford launched his first Model-T production line, he failed to realize that while it would automate the production of a car, it might also automate the very thinking of a society, and irrevocably change the culture and morality of future generations. No longer would auto-workers have to apply intelligence and discretion to make decisions. No longer would Mr Ford have to deal with independent thought from someone who wanted to do more, or differently or even better. Each activity would be clearly defined, each responsibility clearly delineated, each worker a living, breathing automaton that would all too soon be replaced by a robot that would similarly never need to think, or make a judgment call, or use its discretion, and with the added benefit of never needing sleep or leisure or sick-time.

Has our society not become a place of puppets and puppet-masters? A society where a few puppet-masters control a multitude of puppets who are required to respond precisely to the rules of puppeteering? A place where there is no room for intelligence, no need for wisdom, and no need for ethics or morality? And perhaps a place where robots might better serve society absent the variables and foibles inherent in a thinking, critical and discerning mind.

Has not an overly legislated society, coupled with a queue-card mentality, obviated the need for, and indeed benefits of, an educated, knowledgeable, responsible and self-regulating populace? Where laws regulate every conceivable form of conduct, regardless of whether the legislator actually considered that specific circumstance at the time of penning such laws?

When I was a child, my father extended store-credit based upon a relationship with each of his customers, the customers’ word and a handshake. When asked about this, my Dad explained that if he recognized a thing called character and integrity -- a driving force to do the right thing -- this was more binding than a contract. And not once did a customer ever fail to repay a debt.

Many years later, I went into a Manhattan store to purchase a cell-phone. I struck up a friendly conversation with the salesman while we selected a phone, accessories and a suitable service contract. We spoke about the company I owned and my blue-chip and military clients. Yet all of this counted for little when he pulled my Trans Union credit score – lower than average because I was a new-comer to the USA with a short credit record and few long-term accounts. The store-policy was not to do business with a credit-score like mine. The salesman apologized profusely but said rules are rules that have to be applied without question or variance. Interestingly enough, a neighboring store pulled my Experian credit-score which turned out to be 70 points higher than my Trans Union score and the salesman enthusiastically served me with an even better package deal and at an even better rate.

The moral of this story was that unquestioning obedience to system-rules have superseded business acumen, discretion and intelligence. The automaton no longer has to think or use discretion. Simply check the queue-card to find the answer.

Wasn’t there also a time when you could call a company, speak to the switchboard and find out the best person to speak to for a solution to your question? Now are you not simply told that she cannot help you because all she does is answer the phone? That she doesn’t really know what anyone else in the company actually does?

And what does it say about a society when you can sue Starbucks for serving you a hot cup of coffee and you burned yourself? Or when you can sue the microwave manufacturer because they never warned you that you cannot dry your Poodle in the microwave? Or when you can sue me for injuries sustained when you come to visit me and slip on my walkway? Has the protection of law not deprived you of rational thought, common sense and self-responsibility?

Have we not indeed created a society where education is no longer designed to instill the power of independent, rational and logical thought, but rather to instill simple unquestioning obedience to the rules and string-pulling of the puppet-masters? When it’s easier to sentence a man to death than it is to grant him a stay of execution or a re-trial? When the assumption exists that a bureaucratic ruling must be implicitly obeyed without question and without ever wondering whether the prevailing circumstances may be indicative of some error in adjudication?

And in creating this unquestioning, unthinking, queue-card, rule-following society of automatons, have we not allowed ourselves to become circus-animals, performing and responding to the prods of the puppet-masters, without knowing why or what they are doing, other than that failure to perform and conform will evoke punishment?

Why did the people of Germany rampage though the streets on Kristallnacht in November 1938? Perhaps because the people of Germany needed someone to blame for the hardships of Germany, and blaming the Jews was an easy outlet for their frustrations? Perhaps, as said by Joseph Stalin, because education is a weapon whose effects depend on who holds it in his hands and at whom it is aimed.

What does it say about a society when college students at a sporting match target and taunt a foreign-looking brown-skinned student with a chant of “where’s your green-card?” Do we blame the students for being young and ignorant? Or do we blame our society for instilling in our students an antipathy for anyone with a brown skin? Is this anti-immigrant profiling not the thin edge of the wedge? Will we not also resort to the Nazi’s anti-semitic playbook in restricting the rights of people to educate their children, operate a business, rent a home or secure basic utilities? Indeed, have we not already dusted off the Nazi playbook?

America is a nation of immigrants and its greatness is because of immigrants, not in spite of immigrants. To even suggest that immigrants today, whether documented or undocumented, legal or illegal, are to blame for American unemployment or an overburdened health-care system or an over-burdened and impoverished educational system, is nothing less than naïve. Yet the propaganda about the costs of undocumented immigrants will always work if the populace is too ignorant to know better and if the populace needs someone to blame for some perceived hardship. Thus, the undocumented immigration debate is emotional propaganda, fuelled by emotional ignorance, against which reality and common sense is a poor defense. Yet the debate will continue for as long it’s easier to blame someone else for your hardship than it will be for you to seek the solution within yourself.

The term “illegal” immigrant is in itself an emotionally charged and inaccurate term. It tends to suggest the stereotypical criminal. Yet people without papers are not criminals. They have committed no crime. Indeed, being an undocumented person is a civil matter rather than a criminal matter. But using the term “illegal” rather than “undocumented” tends to enflame the passionate desire to punish and marginalize a group of people who by and large are tax-paying, law-abiding and hard-working entrepreneurs.

And as a society progresses along the path of “obedience regardless”, the automatons are increasingly spared the dilemma of having to choose between following the queue-card and doing what is right, fair and just. When Martin Luther King condemned “unjust laws”, was he perhaps referring to not only laws that are unjust per se, but also to laws that are sometimes applied in an unjust manner, or laws that result in unjust consequences?

If the law stipulates that murder without extenuating circumstances must be punished with the death penalty, what do we do if extenuating circumstances are known to the jury, but not introduced in the court-room in order to protect an innocent party. To disregard knowledge not introduced into evidence, will be to secure an unjust consequence from the application of a law that may not be inherently unjust.

Further support for electing to disregard just laws in pursuit of a just and equitable consequence may perhaps be found in the invasion of Iraq. Clearly a breach of international law respecting the sovereignty of nations, but perhaps justified on the humanitarian grounds of unseating and prosecuting Sadam Hussein. Similarly, justification for the illegal entry into Pakistan to execute Osama Bin Laden may have been found in the argument that the unquestioning obedience to international law would have unjust consequences.

If the law stipulates that a legal submission is to be filed within a period of 30 days, and the submission is filed timeously, but accidentally to an incorrect office of the designated recipient, thus resulting in it only reaching the correct office of the designated recipient some days after the stipulated deadline, would the unquestioning application of a just law not result in unjust consequences if the entire submission were to be rejected, regardless of the consequential seriousness and degree of hardship resulting from such a rejection?

Is the application of law a matter of black and white with no room for gray? Should laws be applied by automatons or is there a need for society to temper laws with humanity, fairness, discretion and morality? It is justice, not law, that is the great standing policy of civil society, and any eminent departure from it, under any circumstances, lies under the suspicion of being no policy at all. The jurists at Nuremburg argued that they were applying the laws of Nazi Germany. The American court ruled that the laws were unjust, that humanity, morality and justice demanded a refusal to obey an unjust law.

What then of the laws persecuting undocumented immigrants, denying education to their children, denying them the human rights of liberty, equality and the right sell their labor free from oppression and discrimination? What difference is there between the persecution of the Jews in Germany in 1938 and the persecution of undocumented immigrants in America in 2012?

When the House Judiciary Committee decides to blindly follow its self-imposed regulations and reject a private immigration bill because no precedent exists for approving a bill to over-rule the decision of another government agency, without examining the veracity or justness of such a decision, are we not sacrificing the principles of justice on the alter of legislative obedience? And when the consequences of such failure result in the loss of innocent lives, what then do we say about the defense that the House Judiciary Committee is simply following regulations?

Perhaps America has reached a turning point. Perhaps the desire to achieve a utopian, regulated, organized, law-abiding society with a populace that obeys rather than thinks, will itself sow the seeds of our demise. Undermining justice and morality may just be the first step in ensuring that America will collapse from within itself rather than at the hands of its external enemies.

Make the lie big, make it simple, keep saying it, and eventually the people will believe it -- Adolf Hitler.

Sunday, September 26, 2010

America should be ashamed of its intolerance

In a free and democratic America, Muslims have every right to build a mosque near Ground Zero. And Americans should have the tolerance to accept this constitutional right.

And to promote this culture of universal tolerance in America, I propose the following :

* Two nightclubs be opened next door to the mosque thereby promoting tolerance within the mosque. We could call one of the clubs (which would be gay) "The Turban Cowboy" and the other, being a topless bar, "You Mecca Me Hot".

* Next door might be a butcher shop that specializes in pork and adjacent to that an open barbeque pork rib restaurant, called something like “Iraq o’ Ribs”?

* Across the street there might be a very daring lingerie store called “Victoria Keeps Nothing Secret” with sexy mannequins in the window modeling the goods.

* Next door to the lingerie shop, there would be room for an Adult Toy Shop, “Koranal Knowledge”, its name in flashing neon lights, and on the other side a liquor store, perhaps called "More Hammered"?

* Security for these treasured landmarks would be provided by the mosque itself. Indeed, America should encourage the construction of a mosque next door to the White House, the Capitol, the Pentagon, and every other strategic and cultural landmark. Unlike terrorists who have a penchant for hiding behind human shields, something frowned upon in America, I see no major problem in America protecting itself with the religious shields of Islamic domes and minarets.

Then these folk could share with us and demonstrate their tolerance for our cultural freedoms and constitutional rights.

Wednesday, August 25, 2010

Dumbing Down America

At a time when the US Economy, employment, the housing market and health care are on the ropes and fading fast, there is one area where the good old US of A is excelling beyond all expectations – dumbed-down education!

Once the world leader in the percentage of young people with college degrees, the USA has fallen to 12th among 36 developed nations. In the key group of 25- to 34-year-olds with a college degree, the US ranks behind Canada, South Korea, Russia, Japan, New Zealand, Ireland, Norway, Israel, France, Belgium and Australia. And as America’s aging and highly educated work force moves into retirement, the nation will rely on young Americans to maintain and increase our standing in the world.

One generation ago, the US was No. 1 in the world in college graduations. Now we’re 12th at a time when a good education is critically important to getting a decent job. We read less and less and write like barbarians. These days, a child drops out of high school every 26 seconds and it is expected that the educational level of the younger generation of Americans will not approach their parents’ level of education.

In the 1950s, prior to the onset of one education “reform” initiative after another, America’s literacy rate was at an all-time high, and it’s interesting to note that, with rare exception, we early baby-boomers were not taught to read until first grade. Typically, our mothers made no effort whatsoever to teach us any literacy skills during our preschool years. Yet today’s parents are convinced, in the face of a growing amount of evidence to the contrary, that where reading and computers are concerned, earlier is better.

Unequivocal research indicates that television watching during the preschool years greatly increases the likelihood of attention problems, yet it is a rare preschool program that doesn’t have children watching the tube for 30 minutes or more a day. There is also a strong link between preschool computer time and later learning difficulties. Studies have found that screen time of any sort during preschool years actually changes the way the brain develops. And the research is clear that teaching reading before the age of 6 greatly increases the possibility of later learning problems and underachievement. (In my next blog, I’ll deal with this item – Author)

So, if we set out with education reform to dumb down America, we may have succeeded beyond our wildest expectations! But wait! Perhaps the nadir is still to come – the Institute for Justice, an organization that champions school choice, recently posted a revealing news report where a father commented that his daughter learned the alphabet, and only the alphabet, during her entire first-grade year in a local public school. To make matters worse, the teacher did not get all the way through the alphabet. The school year ended before they got beyond “W”! (No Shrub Jokes Please!)

Tuesday, August 10, 2010

The Obama birth certificate plot thickens ...

Okay, so Barack Obama got away with becoming President using an abridged Certificate of Live Birth instead of a vault copy of the original birth certificate. And Anderson Cooper says this is okay. Well a friend of mine, a born US Citizen of US parents, grandparents and whatever, went to apply for a US Passport, and took along her certificate of live birth. Guess what? The US Passport office refused to accept her certificate of live birth. Told her she needed her original vault copy. So, how come you can become President with a certificate of live birth, but for a passport you need a vault copy? mmmmmmmm!!!

Saturday, August 7, 2010

Where have all our Presidents gone?

If you watched Anderson Cooper’s AC360 failed attempt to brow-beat Lt Col Terry Larkin on Friday 6 August 2010, http://ac360.blogs.cnn.com/2010/08/06/video-release-birth-certificate-military-doctor-demands-2/ , the plot becomes even thicker. If anything, Anderson Cooper raised even more doubts by pointedly refusing to allow Terry Larkin’s attorney to explain the issue. So let’s look at what Anderson Cooper did NOT KNOW or did NOT WANT you to know.

The certificate under discussion is Barack Obama’s Certificate of Live Birth, an electronically-issued computer generated abridged birth certificate which clearly states that “This copy serves as prima facie evidence of the fact of birth in any court proceedings”. See the certificate at http://latimesblogs.latimes.com/washington/2008/06/obama-birth.html . This Certificate of Live Birth is NOT the original birth certificate signed by the parents and the doctor who delivered the baby, but simply an abridged copy. Indeed, the certificate of live birth does not even allege that this certificate is absolute indisputable unquestionable proof – the words “prima facie” mean “on first appearance”, thus leaving the door open to a challenge as to accuracy and authenticity.

Notwithstanding Mr Cooper’s insistence that this is a legal document, recognized by the US Government, he is simply incorrect. In immigration matters, for example, the US Citizenship and Immigration Service does NOT accept abridged birth certificates (such as this Certificate of Live Birth). The USCIS demands a “vault copy” – a certified, notarized copy of the full, unabridged and signed ORIGINAL birth certificate which contains the handwritten entries of the parents and delivering doctor – names, dates, signatures and place of birth.

Now I figure that a person of Anderson Cooper’s intelligence would know this. So why did he so pointedly and aggressively shut the attorney down when he tried to explain that Terry Larkin is, as is his right, challenging the accuracy and authenticity of a certificate which is unsigned by the parents, unsigned by the delivery doctor, clearly an abridged copy and clearly identified as only prima facie evidence? And why did Mr Cooper not simply concur with Terry Larkin’s lawyer and say “Okay, if you cannot get a certified notarized vault copy of the original, I’m sure the power of CNN will have more luck.”

Perhaps this country does not want to face the consequences if Terry Larkin manages to prove something we don’t want to know? Can you imagine trying to undo and reverse every piece of legislation enacted since Barack Obama was elected? Indeed, would this not make this great country the laughing stock of the entire world, doing incalculable damage to us politically, economically and militarily? Perhaps this is a Pandora’s Box best left closed?