Category Archives: Legislation

Iraq Parliament Vote to Remove US Forces, Symbolic So Far

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The vote hardly is final and the United States military forces would likely not begin to exit Iraq for a year or more. In the meantime, the U.S. military has suspended all consular operations at the embassy in Baghdad and suspended all training operations of the Iraqi military.

Iraq parliament passes resolution to expel US troops

For the details of the Iraq parliamentary vote, read on.

Key Takeaway: Iraq’s Parliament, the Council of Representatives (CoR), passed a non-binding resolution to cancel the request for military aid from the government of Iraq to the U.S.-led anti-ISIS coalition. The resolution does not require a U.S. withdrawal, which only the Prime Minister can order by rescinding the Status of Forces Agreement with the U.S. It is unclear whether caretaker Iraqi Prime Minister Adel Abdul Mehdi has the authority to do so. The CoR resolution sets political conditions to justify subsequent Iranian proxy attacks on U.S. forces and installations, however. Nationalist Shi’a Cleric Muqtada al Sadr also called for the mobilization of new “resistance” groups to support such attacks.

Iraq’s parliament passed a non-binding resolution rejecting the presence of U.S. and coalition forces in Iraq. 172 members of the Iraqi Council of Representatives (CoR) convened on Sunday, January 5 in an “extraordinary session” to discuss the U.S. airstrike that killed Iranian IRGC Quds Force Commander Qassem Soleimani and Iraqi Popular Mobilization Committee Deputy Chief and Kata’ib Hezbollah commander Abu Mehdi al-Muhandis on January 3, 2020. Kurdish political parties boycotted the session, as did many Sunni political parties. Caretaker Prime Minister (PM) Adel Abdul Mehdi submitted the resolution. It passed with 170 votes.[1]

The resolution does not require an immediate withdrawal of U.S. forces. The CoR’s resolution asks the Government of Iraq (GoI) to cancel the 2014 military aid request from the GoI to coalition forces. The resolution does not explicitly ask the GoI to revoke the State of Forces Agreement (SOFA) between the U.S. and Iraq.[2] It does, however, say the GoI “must work to end the presence of any foreign troops on Iraqi soil and prohibit them from using its land, airspace or water for any reason.” [3] It also calls on the Iraqi government to establish a timetable for the withdrawal of all foreign troops. The CoR cannot itself cancel the 2014 request for coalition support or the SOFA, which requires executive action from the PM. It is unclear if PM Mehdi has the legal authority to do so given his status as a caretaker PM. Mehdi resigned on November 29, 2019 during mass protests.

Nationalist Cleric Muqtada al-Sadr may participate in attacks on US forces and installations. The leader of Sadr’s Toward Reform bloc issued a statement to the CoR on Sadr’s behalf that included demands for an even greater response. In addition to withdrawing from U.S. security agreements, Sadr called for the immediate closure of the “Embassy of American Evil in Iraq,” the closure of U.S. bases in the country, the “humiliating expulsion” of U.S. troops, the “criminalization” of any communication with the U.S. government, and the boycott of American products.[4] In a tweet following the session, Sadr condemned the CoR resolution as insufficient and called on “the Iraqi resistance factions in particular and the factions outside of Iraq for an immediate meeting to announce the formation of “international resistance groups.”[5]

Implications: This resolution renders the maintenance of a U.S. or coalition military presence in Iraq politically difficult but does not yet legally require a U.S. withdrawal. However, it solidifies the Iranian narrative of a U.S. “occupation” of Iraq and sets political conditions to justify subsequent attacks on U.S. forces across the Middle East. These escalations will likely come not only from Iran’s direct proxy militias, but also from a pan-Shi’a resistance movement that Muqtada al-Sadr is now attempting to generate. The Iraqi Security Forces have up until this point depended on coalition military support to sustain pressure on the Islamic State (ISIS). Any withdrawal of coalition forces from Iraq offers ISIS increased freedom of movement and improves conditions for ISIS to reconstitute itself inside of Iraq and Syria.

[1] DO NOT GO TO SITE: “Shiite MPs draft legislation seeking to expel US troops from Iraq” Rudaw, 05 January 2020. https://www.rudaw.net/english/middleeast/iraq/05012020

[2]“Iraqi Lawmakers Urge End U.S. Troop Presence as Iran Mourns a Slain General,” New York Times, 05 January 2020. https://www.nytimes.com/2020/01/05/world/middleeast/iran-general-soleimani-iraq.html

[3] “Iraqi Parliament Passes Resolution to End Foreign Troop Presence,” Voice of America, 05 January 2020. https://www.voanews.com/middle-east/voa-news-iran/iraqi-parliament-passes-resolution-end-foreign-troop-presence

[4] DO NOT GO TO SITE: Iraqi Council of Representatives Readout of CoR Session, 05 January 2020. http://ar.parliament.iq/2020/01/05/%d9%85%d8%ac%d9%84%d8%b3-%d8%a7%d9%84%d9%86%d9%88%d8%a7%d8%a8-%d9%8a%d8%b5%d9%88%d8%aa-%d8%b9%d9%84%d9%89-%d9%82%d8%b1%d8%a7%d8%b1-%d9%86%d9%8a%d8%a7%d8%a8%d9%8a-%d8%a8%d8%a5%d9%86%d9%87%d8%a7%d8%a1/

[5] Muqtada al-Sadr Twitter 05 January, 2020: @Mu_AlSadr https://twitter.com/Mu_AlSadr/status/1213829592789782529

 

Great News on the Feres Doctrine

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The Supreme Court again on Monday opted not to hear a challenge to the legal precedent barring individuals from suing the military for medical malpractice, a decision blasted by Justice Clarence Thomas as short-sighted and unfair.

“Unfortunate repercussions — denial of relief to military personnel and distortions of other areas of law to compensate — will continue to ripple through our jurisprudence as long as the Court refuses to reconsider (this issue),” Thomas wrote in his dissent to the court’s decision not to take up the challenge.

The move once again shifts from the courts to Congress debate on how to fix problems surrounding the Feres Doctrine, a 1950 Supreme Court decision that blocks troops from claiming medical malpractice damages for actions related to their military service. At the time, the court found that military personnel injured by the negligence of another federal employee cannot sue under the Federal Tort Claims Act.

Image result for Sgt. 1st Class Richard Stayskal

Tuesday is a historic day in Washington D.C. It’s a day that a Fort Bragg soldier fought for as he battled terminal cancer, a diagnosis he says military doctors missed.

Stayskal along with his wife, Megan witnessed the Senate approve the National Defense Authorization Act (NDAA). The NDAA is the defense spending bill that includes a provision Stayskal fought for which will, for the first time, give active duty service members the right to be compensated for malpractice in military facilities in cases that are unrelated to combat.

So, what is the good news? The Senate.

In full disclosure, several months ago, I interviewed for radio Sgt. 1st Class Richard Stayskal and his lawyer. One of the hardest interviews I have ever hosted with a dedicated soldier dying of cancer.

Image result for Sgt. 1st Class Richard Stayskal

Fourteen months after the North Carolina Purple Heart Green Beret first shared his story with FOX 46 – how doctors at Womack Army Medical Center misdiagnosed his lung cancer as pneumonia in 2017, delaying treatment that could have prolonged his life – his story is getting results and now changing federal law.

“It’s just an amazing feeling overall right now. I don’t have the words to describe it,” said Stayskal, who has stage 4 lung cancer, and came back to Washington to watch the historic vote inside the Senate chamber. “It’s a victory for everybody. For all the service members across the board.”

On social media, Stayskal and his attorney, Natalie Khawam, wrote: “We did the impossible!”

Back to the Senate and the NDAA:

The Senate overwhelmingly passed the National Defense Authorization Act by a vote of 86-8 on Tuesday. Tucked inside is a provision, sparked by Stayskal, that will allow service members who have been victims of negligent medical care to finally be allowed to hold the government accountable. The measure allocates $400 million to the Dept. of Defense to investigate and pay out military medical malpractice claims internally. It will provide a measure of justice to service members and their families that has previously been denied.

“Everyone involved in this conference, including the Department of Defense,” said Sen. Jim Inhofe (R-Okla.), “recognized the importance of fixing the medical malpractice issue in a common sense fashion.” The NDAA now goes to President Donald Trump to sign into law, which is expected to happen in the coming days. More here.

Did we Forget Freedom Fighters Around the World?

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The country is still in collapse and Maduro remains in power. Question is why? Beyond Venezuela, there is Bolivia, Chile, Columbia and even Ecuador where tyranny and socialism is being protested.

Image result for protests in latin america photo Miami Herald

Image result for protests in iran photo The Atlantic
A quick review for Latin America is looking much like the freedom fighters in Hong Kong, Syria, Iraq and Iran.

* Two months after Chile lurched from an illusory calm to a fiery outburst of rage, there is still no sign that life is about to return to normal. After an agreement last month between political parties, the country will next year hold a referendum on drafting a new constitution – one of the protesters’ main demands.

But widespread anger still simmers over inequality, social exclusion and the high cost of education and healthcare. Demonstrators continue to gather across the country every day, and violence often erupts at nightfall.

Chileans have found themselves in a state of uncertainty – suspended between hopes of progress, and frustration over a political solution which seems beyond reach.

* In Columbia: The number of FARC dissidents now stands at around 3,000 combatants, already accounting for more than 20 percent of the 13,000 FARC members who demobilized. This number continues to grow and is likely to keep growing in the short and medium-term. While there are no indications that the ex-FARC mafia will ever reach the numbers of the FARC prior to demobilization, it is clear that the dissident elements are a threat to national security and could become more than just a localized threat within Colombia.

Faith in the FARC Peace Process – This is low, among the Colombian public, among former rebel combatants, and even within the government itself. Unless significant action is taken to reassure those rebels that remain in the peace process, the risk of further desertion is high. Add to this the killing of former FARC members, including some likely carried out by security forces, and the precariousness of the peace accord becomes clear.

Criminal Economies – The criminal economies that sustained the FARC for more than five decades are more lucrative than ever, with Colombia producing record amounts of cocaine. However, the ex-FARC mafia rely on more than cocaine. Marijuana, especially in the violence-ridden department of Cauca is a big earner, while the profits from poppy and the heroin it produces are also considerable. More here.

*After 12 days of nationwide unrest, several Indigenous peoples of Ecuador joined by social organizations succeeded in forcing the government of Lenin Moreno into scrapping a presidential decree eliminating fuel subsidies in the oil-producing nation.

The uprising saw thousands of indigenous people marching towards the capital Quito from different corners of the country. They occupied the city and received unprecedented solidarity from local volunteers and progressive universities, while protesters vigorously clashed with security forces for days around the presidential palace and National Assembly.

“You can call it a war zone. It is ugly, ugly, ugly,” said Margarita, a member of the rescue brigade of the Eugenio Espejo hospital in the Ecuadorian capital Quito, attempting to catch her breath. She had just returned to a health care post a few hundred meters away from the frontlines of the clashes between security forces and anti-government protesters.

President Trump has a huge opportunity to lead the world on the importance of freedom, liberty, capitalism, peace and economies. Secretary of State Mike Pompeo is doing a great job yet the tasks are larger than one person and the Congressional Democrats  and 2020 candidates should be shamed for selling socialism.

FISA, Horowitz v. FBI

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The second hearing in the Senate where Inspector General Horowitz delivered more testimony to the Senate Homeland Security and Governmental Affairs Committee was quite chilling and revealing.
There was a particular exchange between Senator Josh Hawley (R-Mo.) and Horowitz that explains the bias or perhaps even the plotting.

Sen. Josh Hawley, R-Mo., was blunt in trying to get to the bottom of what happened during Wednesday’s Senate Homeland Security and Governmental Affairs Committee hearing.

“Were they just all incompetent?” he asked. Hawley then noted that due to the complexities involved, “it doesn’t sound like they’re very stupid to me.”

Hawley ultimately asked why the members of the FBI would commit such failures to mislead a court multiple times.

“That was precisely the concern we had,” Horowitz said. The inspector general made clear that he did not reach any conclusions regarding intent, but he did not necessarily accept the reasons people gave him during his investigation.

“There are so many errors, we couldn’t reach a conclusion or make a determination on what motivated those failures other than we did not credit what we lay out here were the explanations we got,” Horowitz said.

This echoed what Horowitz said in his opening statement, where he made clear that “although we did not find documentary or testimonial evidence of intentional misconduct, we also did not receive satisfactory explanations for the errors or the missing information and the failures that occurred.”

Horowitz previously appeared before the Senate Judiciary Committee in the aftermath of his report on the subject, but Wednesday’s hearing before the Senate homeland security panel comes a day after the Foreign Intelligence Surveillance Court (FISC) sharply criticized the FBI in a rare public order that referenced his findings.

Horowitz said that both Justice Department attorneys and the Foreign Intelligence Surveillance Court “should have been given complete and accurate information,” adding, “that did not occur and as a result, the surveillance of Carter Page continued even as the FBI gathered evidence and information that weakened the assessment of probable cause and made the FISA applications less accurate.”

So, the Democrats along with the media prepackaged the headlines prior to the Horowitz testimony that the IG report found NO bias. We are now getting more concise and factual information that says otherwise. Seems those on the top floor of the J. Edgar Hoover building opened some old history books on the former Director of the FBI and used several of Hoover’s tactics for all things Crossfire Hurricane and the 4 FISA warrants.

 

Image result for fisa courtThe IG report is teeming with deceit and clandestine maneuvers at the hands of the SSA’s (Special Agents) on the top floor and not those of 7 levels down from the Director level as Comey and McCabe have declared.

The first FISA application: “contained seven significant inaccuracies and omissions.”. None of these were corrected with an addendum or with the 3 renewals.  Contrary to Comey’s constant testimony, the dossier played the largest role in the warrant application and the FBI knew that Carter Page worked as an agent for the CIA to collect and share information on his Russian interactions, yet that was stripped out of the hundreds of pages in the warrant applications. By the way, both the FBI and the CIA as a matter of practice use civilian informants and even top leaders of global corporations to gather intelligence during foreign travels and interactions.

Now, where is the outrage of the pesky now very loyal and dedicated pro-Constitutional Democrats and where is the media on all this? In fact, with the top judge, Rosemary Collyer at the FISA court issuing a demand letter after the IG report and testimony to the FBI, what will the all the clean up measures include and will there be legal consequences for those who lied, cheated and deceived the court? Beware, much of our media, TV and print operates with wild abandon by applying propaganda….the Kremlin would be proud.

Time to Place a Terror Status on Drug Cartels

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President Trump has long pledged to sign off on declaring drug cartels as terror organizations going back to at least March of 2019.

Mexican security forces on Sunday killed seven more members of a presumed cartel assault force that rolled into a town near the Texas border and staged an hour-long attack, officials said, putting the overall death toll at 20.

The Coahuila state government said in a statement that lawmen aided by helicopters were still chasing remnants of the force that arrived in a convoy of pickup trucks and attacked the city hall of Villa Union on Saturday.

The reason for the military-style attack remained unclear. Cartels have been contending for control of smuggling routes in northern Mexico, but there was no immediate evidence that a rival cartel had been targeted in Villa Union.

Earlier Sunday, the state government had issued a statement saying seven attackers were killed Sunday in addition to seven who died Saturday. It had said three other bodies had not been identified, but its later statement lowered the total deaths to 20.

Death toll put at 20 for Mexico cartel attack near US ...

The governor said the armed group — at least some in military style garb — stormed the town of 3,000 residents in a convoy of trucks, attacking local government offices and prompting state and federal forces to intervene. Bullet-riddled trucks left abandoned in the streets were marked C.D.N. — Spanish initials of the Cartel of the Northeast gang.

Given the recent deaths in two attacks, momentum is building and what is taking so long? Frankly, it comes down to the trade deal(s) between the United States and Mexico which has been approved by Mexico, Canada and the Unites States but not ratified yet by our own Congress.

For some context on how easy it is to apply sanctions regarding ‘countering narcotics trafficking’ there is a law titled the King Pin Act. Recently updated this past June, The Foreign Narcotics King Pin Designation Act has 32 pages, two columns of named individuals or organizations.

In part of this law for reference includes:

THE KINGPIN ACT

On December 3, 1999, the President signed into law the Kingpin Act (21 U.S.C. §§
1901-1908 and 8 U.S.C § 1182), providing authority for the application of
sanctions to significant foreign narcotics traffickers and their organizations
operating worldwide. Section 805(b) of the Kingpin Act blocks all property and
interests in property within the United States, or within the possession or
control of any U.S. person, which are owned or controlled by significant foreign
narcotics traffickers, as identified by the President, or foreign persons
designated by the Secretary of the Treasury, after consultation with the
Attorney General, the Director of Central Intelligence, the Director of the
Federal Bureau of Investigation, the Administrator of the Drug Enforcement
Administration, the Secretary of Defense, the Secretary of Homeland Security,
and the Secretary of State, as meeting the criteria as identified in the Kingpin
Act.

On July 5, 2000, OFAC issued the Foreign Narcotics Kingpin Sanctions
Regulations, 31 C.F.R. Part 598, which implement the Kingpin Act and block all
property and interests in property within the United States, or within the
possession or control of any U.S. person, which are owned or controlled by
specially designated narcotics traffickers, as identified by the President, or
foreign persons designated by the Secretary of the Treasury, after consultation
with the Attorney General, the Director of Central Intelligence, the Director of
the Federal Bureau of Investigation, the Administrator of the Drug Enforcement
Administration, the Secretary of Defense, the Secretary of Homeland Security and
the Secretary of State, as meeting the following criteria:

• Materially assists in, or provides financial or technological support for or
to, or provides goods or services in support of, the international narcotics
trafficking activities of a specially designated narcotics trafficker;

• Owned, controlled, or directed by, or acts for or on behalf of, a specially
designated narcotics trafficker; or

• Plays a significant role in international narcotics trafficking.

III. PROHIBITED TRANSACTIONS

E.O. 12978

E.O. 12978 blocks the property and interests in property in the United States,
or in the possession or control of U.S. persons, of the persons listed in the
Annex to E.O. 12978, as well as of any foreign person determined by the
Secretary of the Treasury, after consultation with the Attorney General and the
Secretary of State, to be a specially designated narcotics trafficker.

The names of persons and entities listed in the Annex to E.O. 12978 or
designated pursuant to E.O. 12978, whose property and interests in property are
therefore blocked, are published in the Federal Register and incorporated into
OFAC’s list of Specially Designated Nationals and Blocked Persons (SDN List)
with the OFAC program tag “[SDNT].” The SDN List is available through OFAC’s web
site: http://www.treasury.gov/sdn.

THE KINGPIN ACT

The Kingpin Act blocks all property and interests in property within the United
States, or within the possession or control of any U.S. person, of the persons,
identified by the President, or foreign persons designated by the Secretary of
the Treasury, after consultation with the previously identified federal
agencies.

So, what is the problem? Actually it is likely the top government officials of Mexico would be sanctioned and the government itself would fall. The other suggestion is U.S. domestic banks would be implicated as well as some city officials in the United States including Los Angeles, Chicago, New York, Newark and Miami.

The consequences are huge but it is time.