Trump Kim Talks now in Jeopardy, Developing

The United States and South Korea do military drills often and Kim Jung Un was well aware of those planned stating the drills were a rehearsal for an invasion. Further, North Korea has canceled talks with South Korea. The Kim regime is making yet another demand stating the United States must be careful about deliberations and the summit itself due to the ‘ruckus’ over the drills.

This all comes from the conclusion of the meeting that North Korea has with China.

Meanwhile:

Sperimentazione allertamento test nucleare ...

That nuclear test site that North Korea has declared inoperable and where media has been invited to see the dismantling of the site and tunnels may not be the only site and no one is speaking of other sites but should be. Why? Well Iran refuses to declared PMD (possible military dimension) sites that are part of the nuclear development plan. Since Iran and North Korea have long collaborated on nuclear programs, it stands to reason North Korea has other sites as well.

***

Ahead of the April 27 inter-Korean summit, NGA published a separate assessment that North Korea had started dismantling significant components and structures associated with nuclear test observation at Punggye-ri.

 

The North’s decision not only came before Kim Jong-un’s first meeting with South Korean President Moon Jae-in at Panmunjom, but also before the first-ever U.S.-North Korea summit meeting, scheduled for June 12 in Singapore.

Satellite imagery published by 38 North on Monday, May 14, provides open source corroboration of significant changes near the northern, western, and southern portals leading into the underground tunnel network that composes the Punggye-ri test site.

North Korea watchers Jeffrey Lewis and Dave Schmerler of the Monterey Institute of International Studies have also observed the dismantling of structures around the Punggye-ri test site. Lewis and his team created a 3D model offering an impression of the horizontal tunnel network at the Punggye-ri test site.

North Korea’s work to dismantle structures at the test site comes ahead of its announced intention to invite journalists and experts from China, Russia, South Korea, the United States, and the United Kingdom to observe the site’s dismantlement between May 23 and May 25.

A report published over the weekend by the country’s outward-facing state media, the Korean Central News Agency, said that the event would be to “ensure transparency of discontinuance of the nuclear test (sic).” U.S. President Donald Trump called Kim’s move a “very smart and gracious gesture” in a tweet.

The same report specified the process for the site’s disabling, which would include the collapsing of tunnels — presumably with explosives — and the removal of observation and research facilities. U.S. intelligence assessments suggest that much of the latter work will have been completed prior to the arrival of foreign observers.

The DIA and NGA assessments leave open the possibility that North Korea’s planned modifications to the test site next week could significantly extend the period of time necessary to restore Punggye-ri to a usable state.

Following Kim’s announcement that the Punggye-ri site will be shut down, international observers, including the Comprehensive Nuclear Test-Ban Treaty Organization’s (CTBTO) executive secretary, Lassina Zerbo, welcomed the announcement. Kim has not specified whether the CTBTO will be invited to verify the closure of the nuclear test site.

North Korea is the only country known to have conducted full-yield tests of nuclear weapons in the 21st century. Kim Jong-un has not expressed an interest in signing the Comprehensive Test-Ban Treaty, which has yet to enter into force.

With six nuclear tests, North Korea likely has a useful set of data that it can use to continue refining its nuclear weapons designs. The U.S. intelligence community has, with consensus, determined as of mid-2017 that North Korea is capable of mounting compact nuclear weapons atop its larger ballistic missiles, including its intercontinental-range ballistic missiles that threaten the continental United States.

In the same report to the Workers’ Party of Korea’s 7th Central Committee where Kim first acknowledged that Punggye-ri’s mission had come to an end, that North Korean leader, for the first time, publicly acknowledged that North Korea had conducted sub-critical nuclear weapons testing.

North Korea has not made any concessions on its sub-critical testing program, which will likely continue at its Nuclear Weapons Institute. Continued sub-critical testing would allow North Korea to maintain its existing weapons and refine their performance.

RCD: With the location and date of the forthcoming summit between President Donald Trump and Kim Jong‑un now fixed, speculation has turned to what sort of agreement might be achievable. US National Security Advisor John Bolton recently suggested that the ‘Libyan model’ of nuclear disarmament—from 2003–2004—might offer a framework that could be applied to North Korea in 2018.

The suggestion received what might kindly be called a mixed reception, not least because the North Koreans believe that Muammar al-Qaddafi was a fool to abandon his nuclear program. Still, I’d like to explore the Libyan case here because it offers one of the few examples of ‘denuclearisation’ that we have.

True, the two cases are markedly dissimilar: Libya, unlike North Korea, had made relatively little progress towards nuclear weapons when its leadership took the strategic decision to abandon the program. The Libyans had no nuclear weapons. Yes, they had a small number of centrifuges—some still in their original packing—and a quantity of uranium hexafluoride (the feedstock for a centrifuge enrichment cascade).

More ominously, they had a nuclear weapon design, apparently obtained from the A.Q. Khan network—although some Libyans claimed that the design was a ‘bonus’ intended as a reward for their other purchases.

But when US officials appeared before the US Senate Foreign Relations Committee in early 2004 to talk about the disarmament effort, senators were at least as interested in the detailed picture of the nuclear black market that the Libyan program revealed as they were in the program itself. While a raft of fascinating material about the program had suddenly spilled forth, it was the procurement trail, stretching from Libya to Pakistan and Malaysia, that the committee chairman, Senator Richard Lugar, referred to as ‘the treasure trove’.

While North Korea’s current indigenous capabilities are far stronger than Libya’s were 15 years ago, one suspects there would be similar interest in Washington today about Pyongyang’s proliferation links.

Further, there are some aspects of the Libyan model that the current US administration might want to replicate in any deal with North Korea. Two of those aspects concern access and relocation. US and British experts were given extraordinary access to the Libyan weapons of mass destruction (WMD) program. See the statements made in 2004 by Paula DeSutter, the US Assistant Secretary of State for Verification and Compliance, to two congressional committees (here and here) and, separately, in an interview with Arms Control Today:

The Libyans said, ‘We are no longer going to have a nuclear weapons program.’ They invited the United States and the United Kingdom in. They gave the United States and the United Kingdom access to all facilities that we requested to see. They were willing to permit any tests that we wanted to conduct. They were willing to have their centrifuge program removed … They have been very forthcoming.

In the chemical weapons area, we assisted them in drafting their declaration to the OPCW [Organization for the Prohibition of Chemical Weapons]. They had the OPCW technical secretariat come in. On one occasion they said, ‘You know, we really hadn’t told the others that came before, but there are some other munitions we need to show you.’ They took us to a facility that we almost certainly would not have been able to identify independently and showed us the unfilled munitions there. That is transparency. That is the kind of access that we are given when a country has made a strategic commitment. They volunteer information.

Some sources suggest that the procedure was not quite as straightforward as that passage of text implies. William Tobey, for example, argues that Libyan commitment and transparency varied on a day-to-day basis, at least in the early months. (See Tobey’s five-part series in the Bulletin of the Atomic ScientistsPart 1Part 2Part 3Part 4 and Part 5, and his 2017 assessment of intelligence and policy cooperation in the Libyan disarmament case.)

It was because of that variability that the Americans wanted to relocate key parts of the WMD program quickly. The most proliferation-sensitive parts of the program—equipment and documents—were airlifted to the Oak Ridge National Laboratory in Tennessee. The nuclear weapon design documents, revealed to the Americans on 20 January, were flown out of the country two days later.

During the night of 25–26 January 2004, an American C-17, its insignia painted over, landed at an air base near Tripoli, loaded its cargo—including advanced centrifuge rotors, five Scud‑C missile guidance sets and two tons of uranium hexafluoride—and took off again. Later, in March 2004, another 1,000 tons of materials and equipment were loaded aboard a US ship, the Industrial Challenger, its insignia again painted over, and taken to America.

Is that what President Trump is going to propose to Kim Jong‑un? Media sources say that the US has asked North Korea to ‘discard’ the data from its nuclear weapon development program and allow its nuclear scientists to emigrate. Of course, the manner—and direction—in which that data might be discarded is a non-trivial issue.

And emigration would, of course, be a humane solution to an intractable problem: that even after the weapons are gone and the data has been discarded, the knowledge of how to make nuclear weapons and their delivery vehicles will still exist in the minds of North Korea’s scientists. I don’t imagine, though, that Washington wants those scientists heading to the Middle East. Russia and China might be acceptable destinations. People say that Tennessee is nice this time of year.

As was the case with the Libyan deal, the US is also arguing that this is an opportunity for North Korea to abandon not merely its nuclear program, but all of its WMD. Still, nuclear weapons and ballistic missiles seem likely to be the core of any deal.

On ballistic missiles, a key US objective in 2003–2004 was to ensure that Libya’s missile program was compliant with the thresholds set out in the Missile Technology Control Regime—namely, that its missiles were limited in their range to a maximum of 300 kilometres and in their payload to a maximum of 500 kilograms.

In short, the Libyan model sets high standards in relation to the exposure of proliferation linkages; provision of access to sites, personnel and materials; relocation of key items; and acceptance of international standards on WMD. Can an agreement with Pyongyang meet those standards? Frankly, it seems unlikely.

The Libyan model, after all, had one driver that might not be equally compelling in the North Korean case: the strategic commitment by the leadership to put aside WMD. Because of that commitment, the model unfolded quickly and the verification hurdles proved surmountable.

A similar level of strategic commitment on Kim Jong‑un’s part is what the Americans are hoping to find in Singapore on 12 June. The Trump administration is certainly signallingthat this is their desired approach.

 

U.S. Applies New Iran Sanctions, Hardly Enough

We are still at war in the Middle East where Iran with proxies is the real and virtual enemy. The United States uses proxies as well, yet the United States near term and long range strategy remains fleeting.

The talks that continue between Iran and Europe on the JCPOA should include Iran’s war operation in the Middle East.

For related reading: How Iran Spreads Its Empire through Terrorist Militias, In Lebanon, Iraq, Yemen, and elsewhere, Tehran has perfected the art of gradually conquering a country without replacing its flag.

https://lh5.googleusercontent.com/_fdkmbEaLNsthfxOkoTpRxuhC2mSgPJfm2_f4IcdO9OLC8jMqBk5ambXr3ZwDw1cbXzPO0HkTEU_l5j-ZIOvKmJfUplgWyyl6COiJ7zOyS8IC7PFxOXsApqtEhf085IRRVbVd8e_ photo

Going forward for the United States:

Implications and Future Research
The unwillingness of the United States and its GCC partners to use their vast conventional military superiority has shifted the balance of power in the region from the conventional to the unconventional realm. Iran then relies on its willingness to assume more risk and its ability to better influence proxies than its adversaries, to achieve favorable foreign policy outcomes despite the opposition of the United States and its Arab allies. The use of proxy groups fundamentally decreases the physical cost a state incurs due to conflict. However, when the soldiers of a state die advising and assisting these proxies, it is more difficult to justify domestically, because using proxies signals that the objectives are not important enough to warrant decisive intervention. Therefore, states are most successful when they use proxies not as a cost-reduction mechanism alone but because proxies
are better able to achieve the desired end than conventional military forces. If the United States is unwilling to risk additional battle deaths or domestic political repercussions to prevent Iran from projecting power across the Middle East, then it must instead apply cost-imposing strategies.
Increasing the effectiveness of special operations forces from allied Arab states through intelligence sharing, kinetic strikes, training, and attached American advisors, while encouraging deployments of these elements to areas where Iranian advisors and IRGC units operate, would increase the human cost of Iranian activities. In addition to targeting Iran’s primary efforts in Iraq and Syria, these partnered operations should also confront peripheral Iranian efforts throughout the Gulf, including Yemen, in order to exploit the weakness of Iranian popular support for its presence therein. By working through Arab partners, the United States can apply the indigenous force necessary to confront Iranian proxies, while increasing the likelihood that Arab states achieve a confluence of shared ideology and objectives with their proxies, which eludes the United States
as a separate actor. Saudi and Emirati support to Yemeni military units recapturing the port of Aden and the Bab al-Mandab Strait serve as good examples of the type of effort the United States should expand.
In addition to combating Iranian proxy groups directly, targeting the ground, air, and sea logistical routes that the IRGC Quds Force uses to supply its proxies would affect Iran’s ability to support its efforts in the region. As long as Iran continues to rely on a domestically based force projection model, its network is vulnerable to air strikes, raids, and sabotage. An expanded network of friendly proxies partnered with US and allied
-Arab advisors would be ideally suited to facilitating this type of targeting.
The author is: Maj. Alex Deep is an assistant professor in the Department of Social Sciences at the United States Military Academy at West Point. He is a Special Forces officer with ten years of service and multiple deployments to Afghanistan in conventional and special operations task forces. He served as a rifle platoon leader and company executive officer in the 173rd Airborne Brigade Combat Team prior to completing Special Forces Assessment and Selection and subsequently the Special Forces Qualification Course. He then served as a Special Forces detachment commander and battalion assistant operations officer in 1st Battalion, 3rd Special Forces Group (Airborne). He currently teaches SS307: Introduction to International Relations. Deep holds a Bachelor of Science in American Politics and Arabic from the United States Military Academy at West Point and a Master of Arts in Strategic Studies and International Economics from the Johns Hopkins University School of Advanced International Studies.

Hey, How About Assigning an IG to the JCPOA?

There is still much dispute over the Iranian nuclear deal, the P5+1, the money, the players and the inspections. There were side deals too, do we really know all there is to know?

Iran in parallel nuclear talks in Vienna, Istanbul - Daily News Egypt photo

Perhaps it is past time that an Inspector General is assigned to the whole deal and talks. How much did the United States really pay to Iran? How many other countries participated in the deal beyond those of the P5+1? Who took bribes? Who is getting kickbacks? What is Ben Rhodes doing these days for a living? Were there really any inspections to confirm Iran’s compliance?

A little known fact is the UN’s top nuclear inspector resigned immediately when President Trump withdrew from the JCPOA.

The International Atomic Energy Agency didn’t give a reason for the sudden resignation of Tero Varjoranta, stating Saturday that it doesn’t comment on confidential personnel matters.

Varjoranta, who was in the role for almost five years, will be replaced temporarily by Massimo Aparo, an Italian nuclear engineer who was most recently the agency’s top inspector for Iran.

The move comes just days after U.S. President Donald Trump announced the United States would withdraw from the 2015 Iran nuclear accord designed to keep Tehran’s atomic weapons program in check.

The Vienna-based nuclear agency says it has no indications Iran is in breach of the accord.

*** What does Iran know now that could incriminate Western officials? If there is real evidence of international corruption by Western officials, will that affect snap-back sanctions on Iran? Will that affect relations with Britain, France or Germany? Susan Rice admitted to 2 side deals and those documents would not be published or provided.

After passing a 90-day mark on Aug. 6, the following sanctions will snap back on Iran, according to the Treasury Department:

  • Sanctions on Iran buying or acquiring U.S. dollars
  • Sanctions on Iran trading gold and other precious metals
  • Sanctions on Iran’s sale, supply or trade of metals such as aluminum and steel, as well as graphite, coal and certain software for “integrating industrial processes”
  • Sanctions on “significant” sales or purchases of Iranian rials, or the maintenance of significant funds or accounts outside the country using Iranian rials
  • Sanctions on issuing Iranian debt
  • Iranian auto sanctions

The U.S. will also revoke certain permissions, granted to Iran under the deal, on Aug. 6. These include halting Iran’s ability to export its carpets and foods into the U.S., as well as ending certain licensing-related transactions.

At the end of the 180-day interval on Nov. 4, another set of sanctions will once again be clamped down on Iran:

  • Sanctions on Iran’s ports, as well as the country’s shipping and shipping sectors
  • Sanctions on buying petroleum and petrochemical products with a number of Iranian oil companies
  • Sanctions on foreign financial institutions transacting with the Central Bank of Iran and other Iranian financial institutions
  • Sanctions on the provision of certain financial messaging services to Iran’s central bank and other Iranian financial institutions
  • Sanctions on the provision of underwriting services, insurance, or reinsurance
  • Sanctions on Iran’s energy sector

The following day, on Nov. 5, the Trump administration will disallow U.S.-owned foreign entities from being allowed to engage in certain transactions with Iran. Sanctions on certain Iranian individuals will also be re-imposed on Nov. 5.

Read the Treasury’s full guide to the re-imposition of Iran nuclear deal sanctions here.

*** Why are we only focusing on Iran regarding the nuclear deal? Why not their global reign of terror?

Iran, a State Sponsor of Terrorism, continues to invest in proxy terrorist and militant organizations that threaten the Homeland and US interests and engage in activities that impede US counterterrorism goals. This hearing will examine trends in Iran’s external operations and capabilities and consider the near-term and long-term security implications of Iranian support for Shia militants and terrorist groups operating in the Middle East, Afghanistan and Latin America.

 

Yes, it is for sure time for a full set off committee hearings and for subpoena power along with an Inspector General.

Qasem Soleimani, Marshal of Global Terror and Money Laundering

Primer: Qasem Soleimani, the military maestro of the IRGC, commanded the base that attacked Israel earlier this week. Further, the Israelis asked permission to assassinate Soleimani during the Obama administration. They were denied and Obama officials leaked the plot to Iran. Now, that same request has apparently been asked of the Trump administration and the request was approved.

General Qassem Suleimani: The Thinker Of Our Time ...

Soleimani has a long terror history, globally.

Tower: The United States Treasury Department, working with authorities in the United Arab Emirates, broke up a money laundering scheme that provided millions of dollars to Iran’s Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF), Reuters reported Thursday.

Treasury designated six individuals and three business entities for their role in the scheme. The UAE, where companies facilitating the money laundering were located, but the same people and entities on its list of terrorists and terror organizations that do business with the IRGC-QF.

In a statement announcing the new sanctions, Treasury Secretary Steven T. Mnuchin said, “The Iranian regime and its Central Bank have abused access to entities in the UAE to acquire U.S. dollars to fund the IRGC-QF’s malign activities, including to fund and arm its regional proxy groups, by concealing the purpose for which the U.S. dollars were acquired. As I said following the President’s announcement on Tuesday, we are intent on cutting off IRGC revenue streams wherever their source and whatever their destination. Today we are targeting Iranian individuals and front companies engaged in a large-scale currency exchange network that has procured and transferred millions to the IRGC-QF.”

Mnuchin thanked the UAE for its “close collaboration” in disrupting the money laundering and called on all nations to “be vigilant” in fighting Iranian attempts at money-laundering to “fund the nefarious actors of the IRGC-QF and the world’s largest state sponsor of terror.”

United States and United Arab Emirates disrupt large scale currency exchange network transferring millions of dollars to Iran’s Islamic Revolutionary Guard Corps-Qods Force: Exchange Network CHART:

Reuters described the IRGC as Iran’s “most powerful security entity,” with control over a large share of Iran’s economy. IRGC-QF is described as “an elite unit in charge of the IRGC’s overseas operations.”

In 2015, Reuters reported that more than $1 billion in cash had been smuggled into Iran despite sanctions, utilizing “money changers and front companies in Dubai, in the United Arab Emirates and Iraq.” Iran preferred using a network of front companies to handle the money laundering in order to conceal “the overall size of the dollar-purchasing operation.”

When he announced the United States’ withdrawal from the nuclear deal earlier this week, President Donald Trump gave companies either three month or six months to wind down their dealings with Iran.

CIA Haspel Confirmation: Sen. Warner and Harris can GTH

The open session in the Senate for the confirmation of Gina Haspel to be the new Director of CIA quickly became a contest between Democrats in the committee on who maintained the higher moral authority all at the expense of Gina Haspel. Countless questions were asked in various forms on the enhanced interrogation techniques, torture and the destruction by Jose Rodriguez of the video tapes on an interrogation session with one al Qaeda detainee.

Remember, it is the Democrat party that is good with abortion, late term abortion that is when a fetus can live and thrive outside the womb. Death versus waterboarding…humm and by the way, not one Democrat mentioned that the Army Field Manual included waterboarding and that during SERE training, our military personnel are waterboarded.

The CIA does not do interrogations, it is contracted out to professionals. Document below as explained by an interrogator.

 

An Interrogator Breaks His Silence by J. Swift (TWS) on Scribd

At the end of the open confirmation session, Senator Burr asked Gina Haspel to explain who Khalid Sheikh Mohammed and Abd al Rahim al Nashiri were. She responded in detail.

Un tribunal militar de EEUU ultima el juicio al cerebro ... photo

On the matter of al Nashiri, below is a fact that should tell you the reader just how twisted things get regarding the war on terror. Enter Navy Lt. Alaric Piette and al Nashiri. Everyone deserves a lawyer, but c’mon.

The bombing of the USS Cole in Yemen was concocted by al Nashiri along with Fahd al Quso and Jamal al Badawi.

*** Attorney Navy Lt. Alaric Piette, with his SEAL trident topping his uniform, at the U.S. Navy base at Guantánamo Bay, Cuba, on Nov. 3, 2017.Attorney Navy Lt. Alaric Piette, with his SEAL trident topping his uniform, at the U.S. Navy base at Guantánamo Bay, Cuba, on Nov. 3, 2017. Carol Rosenberg

2017:

After suicide bombers attacked the USS Cole 17 years ago, this young Navy SEAL from Wisconsin would have gladly risked his life on a mission to snatch someone suspected of plotting the attack that killed 17 U.S. sailors.

Now, the former SEAL sits in the war court with the man accused of orchestrating the bombing that killed his shipmates. And Navy Lt. Alaric Piette, 39, is navigating a different kind of treacherous assignment.

Piette, a lawyer for just five years, is the lone attorney in court representing Saudi captive Abd al Rahim al Nashiri, whose long-serving death-penalty defender and two other civilian lawyers quit the case over a clandestine ethical conflict. So across two weeks of court hearings, Piette has answered the trial judge’s instruction to litigate by arguing that until a new capital defender is found, the case cannot go on.

“When military attorneys are assigned to these cases, people just expect us to go along and roll over. And I’m not going to,” Piette said in an interview at the end of a week in which the judge sentenced the Marine general overseeing the defense teams to 21 days confinement for letting Nashiri’s civilian lawyers quit.

Piette was one of the last military attorneys hired on the team led by Rick Kammen, the 71-year-old capital defense attorney from Indiana who for years led a constantly changing cast of military lawyers with a kangaroo pin on his lapel to express his contempt for the war court system.

Their courtroom style is a study in contrasts.

Where Kammen wore a kangaroo pin, Piette wears the coveted trident of a SEAL, the elite Navy unit whose slogan is “the only easy day was yesterday.”

Where Kammen was confrontational in both words and attire, Piette has been nothing but courteous, even as he has explained again and again that he must sit mute alongside Nashiri, litigate no motions and question no witnesses until a qualified death-penalty defense attorney arrives in court.

Nashiri, 52, is accused of orchestrating al-Qaida’s Oct. 12, 2000, bombing of the Cole while it was on a resupply mission off Aden, Yemen. Two men pulled alongside in an explosives-laden skiff, ostensibly to collect the ship’s garbage, then blew themselves up.

Nashiri was captured in Dubai in 2002 and held for four years in the CIA’s Black Sites, where he was waterboarded, rectally abused and subjected to other torture techniques. He was first charged at Guantánamo in 2011, five years after his arrival. All those circumstances have caused delays in getting him to trial.

After a clearly frustrated lead prosecutor Mark Miller fired off an invective against defense lawyers — accusing the Marine general in charge of “obstruction” and the civilian attorneys of adopting a “scorched-earth strategy,” and calling Piette “a potted plant defense” — the soft-spoken Navy lieutenant responded with this:

“What I am asking — the only reason I’m up here now — is to ask the courts, when they’re looking at this on the record, to look deeply and without the hats of cynicism and understand that everybody here cares about justice and getting to the truth.”

Kammen spent years overtly salting the record with asides for a post-conviction appeal in civilian courts. With that remark, Piette did the same.

The contrast doesn’t end there. Kammen started practicing law seven years before Piette was born in Wisconsin to a family of Belgian ancestry. Kammen says he has defended about 40 capital cases, none ending in a death sentence, and has never voluntarily left one before. Kammen handled his first capital case before Piette was in first grade.

Piette has worked on none.

But on one issue they are in agreement: Something secret has gone on at the prison to make it impossible for any defense attorney to trust in the confidentiality of privileged attorney-client conversations. And because it’s classified, neither Nashiri nor the public can know precisely what it is.

Piette says he has the same ethical conflict as the three lawyers who quit: He can’t carry on confidential conversations with Nashiri, and can’t provide the Saudi with a classified explanation. But he has stayed on the case in part because, as a military attorney, it took him longer to get an ethics opinion through Navy channels. By then, Kammen and fellow civilian defenders Rosa Eliades and Mary Spears had all resigned.

“The only reason I think I can stay on right now is because I view my scope of representation as limited solely to getting him a learned counsel, and making sure that his rights aren’t violated while he doesn’t have learned counsel,” Piette said. “I am not representing him on substantive matters for the trial.”

Now, he said, he has a duty to represent Nashiri — not by arguing motions or filing new pleadings but by helping him find capital counsel.

Only after that person is found, gets top secret clearances, reads the record, and finds out about the classified confidentiality problem, might that attorney decide whether he or she is ethically bound to quit the case as well.

The trial judge, Air Force Col. Vance Spath, meantime has been hearing from witnesses on potential trial evidence — basic litigation, as the judge sees it, that any lawyer with court-martial experience can handle.

“Death is different,” says Piette. Last week he responded to every opportunity to argue or cross-examine witnesses by saying the defense has no position because no learned counsel is in court. Spath, who at one point considered holding Piette in contempt, replied on Friday: “There is a position and a strategic decision from the defense and the defense community.”

Three more military defense attorneys are waiting in the wings — two from the Air Force, the other a Marine. None is death-penalty qualified. But, to Spath’s annoyance, Piette sits there alone.

“I think Colonel Spath, whom I have a lot of respect for, is in a bad position,” Piette said, explaining that the Manual for Military Commissions gives the chief defense counsel authority to hire and fire. That authority exists in “no other court in the United States,” he said.

In other U.S. courts an attorney of record must go before a judge to be released from a case. Spath argues his power is the same.

So much so that, after Marine Brig. Gen. John Baker, the chief defense counsel for military commissions, refused to return Kammen and the other civilian attorneys to the case, the judge found the general in contempt of the war court and ordered him confined to his quarters in a trailer park behind the court for 21 days. A senior Pentagon official suspended that sentence after 48 hours.

Piette got to the case in April and only got a clearance to begin seeing classified material in June.

But he said that even while he was a junior lawyer representing sailors accused of housing allowance fraud, he followed Guantánamo’s USS Cole case. Navy colleagues and mentors had served as defense attorneys at the military commissions.

Tom Clancy novels, Michael Bay movies and a shadowy terrorist named Osama bin Laden drew him to the SEALs from high school, Piette said. By his account, he didn’t really know anything about al-Qaida but from the news, but he was well aware of the “audacious” Feb. 26, 1993, first World Trade Center bombing and enlisted four years later.

After six months of indoctrination and Basic Underwater Demolition SEALS training, he was assigned to SEAL Team Two.

“I had joined the Navy because I thought there was this covert war on terror going on,” he said. “I thought it was clear, if they’re willing to do that, they’re not going to stop. So we must be fighting this war out there, that’s a secret nobody knows about. And I wanted to be part of that; thought that would be cool.”

He felt that even more so after the bombing of the USS Cole. “I thought after the Cole happened that we were going to go to war and start doing the things I came in to do. We didn’t. Not until after September 11th.”

Piette says that he never saw combat as a SEAL and never fired a shot outside training, and his missions were mostly “recons” and the occasional “snatch and grab” in Kosovo, a hot area of commando activity at the time. He didn’t know much about who the targets were, but says he believes they were mostly weapons smugglers who were ultimately let go.

Had his team been ordered to snatch someone suspected of being the USS Cole bomber, Piette “would’ve been happy to do it,” he said. “Whoever did this killed my fellow sailors. I would’ve been eager to do it.

“I actually had to have a friend talk me down about my anger about the issue. He said, ‘Look, it’s upsetting but at the same time that’s why we’re here, that’s why we wear the uniform. So we’re the targets.’ ”

Truth be told, he said, had a target ever been identified for a snatch-and grab, that assignment would have no doubt gone to SEAL Team Six, the best of the best. But none was.

It was only after he left the Navy, got a bachelor’s degree at Old Dominion University and went on to study law at Georgetown that he began to think hard about defendants and due process.

He said he studied law “intending to become rich,” and pay for his degree. But at a Georgetown legal clinic he found his calling in criminal defense. If the Public Defender Service for the District of Columbia had accepted his application, he said, he never would have turned to the Navy Judge Advocate General’s Corps.

In his five years as a naval officer, he has tried 15 cases to court martial verdict. Probably the most serious crime he handled was a sailor accused of attempted murder. Piette, who got it reduced to battery, called it classic prosecution overcharging.

But he says he’s learned a lot from his clients — about human struggle and consequences — and to distrust career prosecutors, whom he describes as “often arrogant and smug.”

“Prosecutors tend to be so judgmental and dismissive of these human beings and think that people make out these well thought-out deliberate choices. It’s just people, living.”

Now the lone defense lawyer in court, he said his time as a SEAL is serving him well. “Sometimes I miss parts of it but I’ve found my calling as a criminal defense lawyer.” Being in the teams taught him “the paramount importance of disciplined and thorough preparation.”

It sounds nerdy, perhaps dull — not exactly fodder for an action thriller. But this is a man who points to his favorite part of the SEAL code as this: “Excel as warriors through discipline and innovation.”