Flynn Lays Gauntlet to Iran Due Recent Violations

Iran violating United Nations Security Council Resolution 2231. General Flynn, the White House National Security Advisor has announced the gauntlet. NSC, General Flynn did not declare what the responses would be or consequences to be applied now or in the near future.
Image result for iran missile launch filephoto
The White House
Office of the Press Secretary
For Immediate Release

“Recent Iranian actions, including a provocative ballistic missile launch and an attack against a Saudi naval vessel conducted by Iran-supported Houthi militants, underscore what should have been clear to the international community all along about Iran’s destabilizing behavior across the Middle East.

The recent ballistic missile launch is also in defiance of UN Security Council Resolution 2231, which calls upon Iran “not to undertake any activity related to ballistic missiles designed to be capable of delivering nuclear weapons, including launches using such ballistic missile technology.”

These are just the latest of a series of incidents in the past six months in which Houthi forces that Iran has trained and armed have struck Emirati and Saudi vessels, and threatened U.S. and allied vessels transiting the Red Sea.  In these and other similar activities, Iran continues to threaten U.S. friends and allies in the region.

The Obama Administration failed to respond adequately to Tehran’s malign actions—including weapons transfers, support for terrorism, and other violations of international norms.  The Trump Administration condemns such actions by Iran that undermine security, prosperity, and stability throughout and beyond the Middle East and place American lives at risk.

President Trump has severely criticized the various agreements reached between Iran and the Obama Administration, as well as the United Nations – as being weak and ineffective.

Instead of being thankful to the United States for these agreements, Iran is now feeling emboldened.

As of today, we are officially putting Iran on notice.”

In the 114th Congress, legislation passed the House known as the Iran Accountability Act H.S. 5631 that included the following action and text in part:

TITLE I—SANCTIONS WITH RESPECT TO ENTITIES OWNED BY

IRAN’S REVOLUTIONARY GUARD CORPS

Sec. 101. Imposition of sanctions with respect to the IRGC.

Sec. 102. Additional sanctions with respect to foreign persons that support or

conduct certain transactions with Iran’s Revolutionary Guard

Corps or other sanctioned persons.

Sec. 103. IRGC watch list and report.

Sec. 104. Imposition of sanctions against Mahan Air.

Sec. 105. Modification and extension of reporting requirements on the use of

certain Iranian seaports by foreign vessels and use of foreign

airports by sanctioned Iranian air carriers.

TITLE II—IRAN BALLISTIC MISSILE SANCTIONS

Sec. 201. Expansion of sanctions with respect to efforts by Iran to acquire ballistic

missile and related technology.

Sec. 202. Expansion of sanctions under Iran Sanctions Act of 1996 with respect

to persons that acquire or develop ballistic missiles.

Sec. 203. Imposition of sanctions with respect to ballistic missile program of

Iran.

Sec. 204. Expansion of mandatory sanctions with respect to financial institutions

that engage in certain transactions relating to ballistic

missile capabilities of Iran.

Sec. 205. Disclosure to the Securities and Exchange Commission of activities

with certain sectors of Iran that support the ballistic missile

program of Iran.

Sec. 206. Regulations.

TITLE III—SANCTIONS RELATING TO IRAN’S SUPPORT OF

TERRORISM

Sec. 301. Special measures with respect to Iran relating to its designation as

a jurisdiction of primary money laundering concern.

****

In part from Bloomberg:

Iran confirmed for the first time that it recently carried out a missile test and told other nations not to meddle in its defense affairs, hours after the U.S. called the launch unacceptable and vowed to act.

Defense Minister Hossein Dehghan on Wednesday said the test was part of Iran’s ongoing defense program, according to Tasnim news agency. “We have no other aim but to defend our interests and in this path we will neither seek permission nor allow anyone to interfere.”

The launch, in just the second week of Donald Trump’s presidency, is the first test of the new U.S. administration’s policy on the Islamic Republic. A United Nations resolution that endorses world powers’ 2015 nuclear deal with Iran calls on it not to undertake any activity related to ballistic missiles capable of delivering nuclear weapons, including launches using such ballistic technology. Iran has maintained it does not have a nuclear weapons program.

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After an emergency meeting of the Security Council on Tuesday that the U.S. called to discuss the missile issue, U.S. Ambassador to the UN Nikki Haley said Iran’s launch was “absolutely unacceptable.” The U.S. is “not going to stand by, you will see us call them out as we said we would and we will act accordingly,” she said, without elaborating.

 

 

Saudi Frigate Struck by Houthi Missiles, Meant for U.S.?

EXCLUSIVE: Pentagon believes attack on Saudi frigate meant for US warship

Nachrichtensignal 301

loc: westcoast of yemen date: 01/30/2017 the houthi/yeminin vessel appears very close to the saudi warship (#AlMadinah). the attackers fire an unknown missile at the traget. hit scored onto the back part of the enemy ship. juding the explosion the missile is much larger than an guided anti-tank rocket (ATGM). huge fireball; enemy end up in smoke. no future reaction.

Four Al Madinah-class frigates based in the Red Sea, built in France (Arsenal de Marine, Lorient (French Government Dockyard and CNIM, La Seyne) in the mid-1980s. Their full load displacement is 2,610 tons and they are armed with eight Otomat surface-to-surface missiles, one 8-cell Crotale surface-to-air missile launcher (26 missiles total), one 100 mm/44 dual purpose gun, two 40 mm anti-aircraft guns, four torpedo tubes, an aft helicopter deck and hangar; one #Dauphin helicopter.

FNC: The Iranian-backed suicide attack targeting a Saudi frigate off the coast of Yemen on Monday may have been meant for an American warship, two defense officials told Fox News.

The incident in question occurred in the southern Red Sea and was carried out by Iranian-backed Houthi rebels. Two Saudi sailors were killed and three were wounded. At first the ship was thought to have been struck by a missile.

But based on new analysis of a video showing the attack, American intelligence officials now believe this was, in fact, a suicide bomber whose small boat rammed the side of the Saudi vessel.

In the audio heard on the video, a voice narrating the attack shouts in Arabic, “Death to America, Death to Israel, Death to the Jews.”

U.S. defense analysts believe those behind the attack either thought the bomber was striking an American warship or that this was a “dress rehearsal” similar to the attack on the USS Cole, according to one official.

The attack, near the Bab al Mandab Strait connecting the Red Sea to the Gulf of Aden, occurred in the same area where U.S. Navy warships came under missile attack in October.

An American destroyer shot down those incoming missiles — the first successful engagement in combat using an American SM-2 missile.

USS Nitze, an American destroyer, retaliated soon after, launching Tomahawk missiles on October 13 at multiple Houthi radar sites in Yemen.

This latest incident came a day after President Trump spoke by phone with the Saudi King to discuss setting up safe zones for refugees in Syria and Yemen. Senior U.S. defense officials who spoke with Fox News say they’re concerned by this latest incident, but are confident American warships can defend themselves.

The United States has supported a Saudi-led air campaign against the Houthi rebels in Yemen since 2015.

***

Yemen and Red Sea security update: The situation in Yemeni ports along the Red Sea coastline remains volatile

The Saudi-led Coalition and Yemeni forces launched a major military operation (Operation Golden Spear) Operation Golden Spear on 7 January 2017. The aim of the operation is reportedly to drive the Houti rebels from Yemen’s coastal regions near the Red Sea and the Bab Al Mandeb Strait and regain control of the country’s west coast ports.

According to information received on 29 January 2016 from Gard’s correspondent in Yemen, Gulf Agency Co. Ltd. (GAC): “Fierce fighting is now taking place at the port city of Mokha”. The correspondent also stated that Hodeida port was still in operation on this date but that bombings were carried out in the vicinity of the port. The situation is, however, subject to change and Members and clients are advised to warn their vessels’ crews and to carry out an assessment of the risks involved prior to entering or transiting Yemeni waters. It is important to check frequently with local sources of information, e.g. vessel’s agent, Gard’s correspondent, etc., to obtain the most up to date and reliable security information available at any given time in order to assess the current security situation. Information may also be obtained via GAC’s website under “Hot Port News”.

Our Gard Alert updated as at 14 October 2016 provides guidance on Red Sea/Gulf of Aden transits. Vessel operators are advised to follow recommended best practices for registering with the United Kingdom Maritime Trade Operations (UKMTO) and Maritime Security Center Horn of Africa (MSCHOA)/European Union Naval Force (EUNAVFOR) when operating in this area. For guidance on entry conditions applicable to vessels calling at other Yemeni ports, e.g. Aden and Mukalla, see our Gard Alert updated as at 22 November 2016.

Iran Conducts Ballistic Missile Test, UN Violation

Iran conducts ballistic missile test, US officials say

FNC: Iran on Sunday conducted a ballistic missile test in yet another apparent violation of a United Nations resolution, U.S. officials told Fox News.

The launch occurred at a well-known test site outside Semnan, about 140 miles east of Tehran.

The missile was a Khorramshahr medium range ballistic missile and traveled 600 miles before exploding, in a failed test of a reentry vehicle, officials said.

U.N. resolution 2231 — put in place days after the Iran nuclear deal was signed — calls on the Islamic Republic not to conduct such tests, however, this is at least Iran’s second such test since July. The resolution bars Iran from conducting ballistic missile tests for eight years and went into effect July 20, 2015.

Iran is “called upon not to undertake any activity related to ballistic missiles designed to be capable of delivering nuclear weapons, including launches using such ballistic missile technology,” according to the text of the resolution.

The landmark nuclear deal between Iran and world powers does not include provisions preventing Iran from conducting ballistic missile tests.

Iran claims its ballistic missile tests are legitimate because they are not designed to carry a nuclear warhead.

***  DW
Historical Iranian events beginning in 1982 as provided by IranPrimer:
1982
Jan. 22 – Parliamentary Speaker Akbar Hashemi Rafsanjani said, “Iran does not want to attack the small countries of the Persian Gulf and does not want to interfere in their internal affairs.” The next day, Bahrain’s prime minister accused Iran of instigating Shiite communities throughout the Persian Gulf to overthrow their governments.
March 1 – Following weeks of heavy fighting around Susangerd, Shush and
Bostan, Special U.N. Envoy Palme announced failure to mediate a truce between Iran and Iraq. Jordanian volunteers left to join Iraqi troops.
March 9 – Ayatollah Khomeini announced that President Saddam Hussein was “past salvation and we will not retreat even one step.”
May 24 – Iran recaptured the City of Khorramshahr, an oil-rich area in southern Iran, taken by Iraq during its initial attacks in 1980.
June 12 – Iran dispatched a contingent of 1,000 Revolutionary Guards to Lebanon after Israel’s invasion. Iranian forces supported the formation of Hezbollah, a Shiite militia, but never directly confronted Israel.
July 19 – American University of Beirut President David Dodge was taken hostage. He spent the next year in Iran, before being released after Syrian intervention.
June 20 – President Hussein announced that Iraq had begun to pull out of Iran. He announced completion of its withdrawal on June 29, which Iran said was “a lie.”
July 12 – Iran rejected a U.N. ceasefire resolution. Iraq reported an Iranian attack that same day near the southern oil port of Basra.
Oct. 4 – The United Nations Security Council unanimously voted for an end to the Iran-Iraq War and a withdrawal of all forces from occupied territory. Tehran rejected the move, while Baghdad said it would accept a ceasefire.
1983
April – Washington suspected Iran was indirectly involved in a suicide bombing which killed 63 people at the U.S. Embassy in Lebanon. The Reagan administration blamed Hezbollah for the attack, which U.S. officials believed was being funded by Iran and Syria.
Aug. 23 – Reacting to internal squabbling, Ayatollah Khomeini urged unity between the military and the Revolutionary Guards
Sept. 17 – President Hussein said Baghdad wanted peace with Tehran based on mutual non-interference. The next day Iran repeated threats to block oil exports if its shipments were disrupted.
Oct. 23 – A suicide bomber attacked the barracks of U.S. Marine peacekeepers in Beirut, killing 241 Marines, the largest loss of U.S. military life in a single incident since Iwo Jima in World War II. The United States suspected Iran-backed Hezbollah.
Dec. 3 – The U.S. press reported the Reagan administration’s policy shift toward Iraq was because of a belief that an Iraqi defeat would hurt U.S. interests.
1984
Jan. 23 – The Reagan administration put Iran on the State Department list of governments supporting terrorism.
Feb. 11 – Iraq attacked civilian targets in Dezful, triggering a new phase of the war. Iran responded on Feb. 12 by shelling seven Iraqi cities. After repeated incidents, Iran accepted an Iraqi ceasefire offer on Feb. 18. Both agreed to allow a U.N. mission to assess damage in civilian areas. But in late February, Iran announced new offensives on the northern and southern fronts.
March 3 – Iran charged Iraq with using chemical weapons, a practice which Iraq continued throughout the war.
March – Hezbollah abducted American hostages in Beirut, including CIA station chief William Buckley, who died in captivity.
May 13 – After a run of at least six Iraqi strikes on tankers doing business with Iran, Iran for the first time attacked a Persian Gulf ship, the Kuwaiti Umm Casbah, marking the outbreak of the “tanker war.” Parliamentary Speaker Rafsanjani declared on May 15, “Either the Persian Gulf will be safe for all or for no one.”
 
July – The CIA began giving Iraq intelligence that was reportedly used for subsequent mustard gas attacks against Iranian troops.
 
Sept. 20 – Hezbollah was once again suspected of being behind an attack against the new U.S. Embassy in Beirut, which killed 24 people.
1985
Feb. 21 – The United Nations reported that both Iran and Iraq were violating the
Geneva Convention on prisoners of war treatment.
March 14 – Iraq began a bombing campaign against Iranian cities, particularly targeting Tehran. Iran responded with its own scud missile attacks. The “war of the cities” air strikes continued until 1988.
Aug. 14 – A shipment of U.S. TOW antitank missiles was shipped to Tehran from Israel as part of the Reagan administration’s arms-for-hostage swap. The Reagan administration secretly facilitated the sale of Israeli arms to Iran (which was subject to an arms embargo), in exchange for Iran’s help in the release of American hostages in Lebanon.
Nov. 22 – Another shipment of HAWK antiaircraft missiles was shipped to Tehran from Israel as the second phase of the arms-for-hostage swap. But the deal fell far short of what was promised, and Iran ordered a refund of payment and a resupply.
1986
Nov. 3 – The Lebanese magazine Ash-Shiraa exposed the secret arms-for-hostage dealings between Iran, Israel, and the United States.
July 20 – The U.N. Security Council unanimously passed Resolution 598, demanding an immediate ceasefire.
October – During Operation Nimble Archer, the United States attacked Iranian oil platforms in retaliation for an Iranian attack on the U.S.-flagged Kuwaiti tanker, Sea Isle City.
1988
June 2 – Ayatollah Khomeini named Parliamentary Speaker Rafsanjani acting commander-in-chief of the Armed Forces of the Islamic Republic of Iran
April – The U.S. Department of Commerce reportedly approved the shipment to Iraq of chemicals for agricultural use that were later used to manufacture mustard gas. Four major battles were fought between April and August in which Iraqis used massive amounts of chemical weapons against Iran. By that time, the United States was aiding Saddam Hussein by gathering intelligence and assisting in battle plans.
Apr. 14 – The frigate USS Samuel B. Roberts was badly damaged by an Iranian mine. U.S. forces responded with Operation Praying Mantis on April 18, the U. S. Navy’s largest engagement of surface warships since World War II. Two Iranian oil platforms, two Iranian ships and six Iranian gunboats were destroyed.
Aug. 20 – Iran and Iraq accepted U.N. Resolution 598, ending the eight-year war. Iran claimed to suffer over 1 million casualties.
1992
March 17 – A suicide bombing at the Israeli Embassy in Buenos Aires killed around 30 and wounded more than 300 individuals. A group called the Islamic Jihad Organization, with alleged links to Iran and Hezbollah, claimed responsibility for the attack. Iran and Hezbollah denied involvement.
1994
April – Iran expelled workers from the Island of Abu Musa. Tehran began to station Revolutionary Guards on the islands of Abu Musa and the Greater and Lesser Tunbs. The islands had been a source of tension between Iran and the United Arab Emirates (UAE) since Iran seized them in the early 1970s. Both countries claim rights to the islands.
April – President Clinton gave what Congress later termed a “green light” for Iran to transfer arms to the Muslim government of Bosnia fighting Serbian forces. The permission came despite a United Nations arms embargo against Iran. In 1996, the Senate Intelligence Committee and the House Select Subcommittee confirmed the U.S. role in the Iranian arms transfer.
July 18 – The bombing of a Jewish community center in Buenos Aires, which killed 85 and wounded 300, was blamed on Iran and Hezbollah. The charges were denied by both parties. In 2006, Argentine prosecutors called for the arrest of former President Rafsanjani.
1996
April 6 – Belgian customs officials seized a large mortar from an Iranian shipment of pickles destined for Munich, Germany. Belgian officials speculated the military equipment was meant for attacks targeting Israeli interests in Europe.
June – Iran was suspected of masterminding the June 25 bombing of Khobar Towers, a U.S. Air Force housing complex in Saudi Arabia. Iran denied the allegations.
1997
April 10 – A German court ruled that the Iranian government was behind the murders of four Kurdish dissidents in Berlin in 1992. Iran denied allegations.
1998
Aug. 8 – Nine diplomats were killed by the Taliban militia during an attack on the Iranian consulate in Mazar-e Sharif. At the time, more than 70,000 Iranian troops were deployed along the Afghan border. U.N. mediation defused the situation. Iran and the Taliban held talks in February 1999, but relations did not improve.
2001
April – Iran and Saudi Arabia signed a security agreement with particular emphasis on the fight against drug smuggling and terrorism.
Oct. 2 – Russia signed a military accord with Tehran, six years after it halted arms sales to Iran under U.S. pressure. The agreement included the sale of jets, missiles and other weapons.
Oct. 8 – Supreme Leader Khamenei condemned U.S. strikes on Afghanistan. At the same time, Iran agreed to perform search-and-rescue missions for U.S. pilots who crashed on Iranian soil during the war.
2002
January – Israel seized the Karina A, a ship carrying 50 tons of arms which Israeli officials claimed were supplied by Iran for the Palestinian authority.
2005
June – Former Revolutionary Guards commander and presidential candidate Mohsen Rezaei said Iran played a more significant part in the overthrow of the Taliban than given credit for by the United States. Washington consistently denied that Iranians made meaningful contributions.
June 16 – Iran and Syria signed an agreement for military cooperation against what they called the “common threats” presented by Israel and the United States. In a joint press conference, the defense ministers from the two countries said their talks had been aimed at consolidating their defense efforts and strengthening mutual support.
June 6 – Iran was given observer status in the Shanghai Cooperation Organization, a security organization including China, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and Uzbekistan. It applied for full membership on March 24, 2008. But its admission was blocked because of ongoing sanctions levied by the United Nations.
2007
February – Iran denied accusations by the United States that it was stirring violence in the Iraq.
May 28 – Iran and the United States held the first official high-level talks in 27 years. The meeting, which took place in Baghdad, came after Iraq hosted a security conference attended by regional states and the permanent members of the U.N. Security Council. The talks were on Iraq’s security and were followed by two more rounds in July and November. The United States urged Tehran to stop supporting Shiite militias in Iraq. The talks ultimately did not lead anywhere and stopped after three meetings.
Sept. 6 – NATO forces in Afghanistan intercepted a large Iranian shipment of arms destined for the Taliban. The shipment included armor-piercing bombs. Washington said that the shipment’s large quantity was a sign that Iranian officials were at least aware of the shipment, even if not directly involved. Tehran denied the charges.
October – U.S. military commander Gen. David Petraeus claimed Iran was triggering violence in Iraq. Petraeus also accused Iran’s ambassador to Iraq of being a member of the elite Qods Force, a wing of the Revolutionary Guards responsible for foreign operations.
2008
April – The United States accused Iran of continuing its alleged support of Taliban insurgents.
July 9 – Iran test-fired a new version of the Shahab-3 long-range missile with a range of 1,240 miles, which Iran said was capable of hitting targets in Israel.
2009
Feb. 2 – President Mahmoud Ahmadinejad announced the launch of Iran’s first domestically produced satellite, Omid, prompting fears in the West that it would enable Iran to launch long-range ballistic missiles.
May 1 –The State Department designated Iran as the “most active state sponsor of terrorism.” Tehran countered that the United States could not accuse others of terrorism after its actions at Iraq’s Abu Graib prison and Guantanamo Bay.
May 20 – Iran successfully tested the Sejjil-2 ballistic missile which has a range between 1,200 and 1,500 miles. The Obama administration said the missile was “a significant step,” and indicated that Tehran was enhancing its weapons delivery capability.
Sept. 22 – Iran held a military parade showing off its Shahab-3 and Sejjil ballistic missiles and, for the first time, the Russian-built Tor-M1 air defense system. The medium-range ballistic missiles both have a range that can reach Israel.
Sept. 27-28 – Iran carried out a series of missile tests as part of a military exercise called Operation Great Prophet IV. Short-range missiles included the Shahab-1, Shahab-2, Fateh-110 and Tondar-69.
December – Gen. Petraeus accused Iran of backing Shiite militants in Iraq and giving a “modest level” of support to the Taliban in Afghanistan.
2010
March – Iran and Qatar signed a security agreement, underlying the need for security cooperation and a fight against terrorism.
August – Iran successfully test-fired a new generation of the Fateh-110, a medium-range ballistic missile with a 155-mile range.
2011
February – Iran sent two warships through Suez Canal for first time since the 1979 revolution.
Dec. 4 – Iran captured a U.S. drone near the northeastern city of Kashmar and refused to return it to the United States.
 
December 2011 – January 2012 – Iran threatened to close off the Strait of Hormuz.
 
2012
Jan. 1 – Iran test-fired an advanced surface-to-air missile during a drill in international waters near the Strait of Hormuz.
 
Aug. 21 – Iran unveiled an upgraded version of a short-range surface-to-surface ballistic missile, known as the Fateh-110.
Nov. 1 – Iranian jets fired on a U.S. drone over the Persian Gulf. The drone was not damaged and was able to return to its base.
Nov. 4 – Iran inaugurated a new naval base near three disputed Persian Gulf islands also claimed by the United Arab Emirates.
Dec. 4 – Iran reported that it had captured a U.S. drone that entered its airspace over the Gulf, but the United States denied this claim.
2013
Feb. 2 – Tehran unveiled the new Qaher F313 fighter and claimed that it could evade radar.
Feb. 7 – Iran released footage it claimed to have salvaged from a U.S. drone that it reportedly downed in 2011.
March 14 – The Pentagon reported that an Iranian fighter jet targeted a U.S. drone over the Gulf. No shots were fired and the jet left the area after a verbal warning.
April 18 – Iran unveiled the H-110 Sarir long-range drone, equipped with cameras and air-to-air missiles.
May 9 – Iran unveiled the Hemaseh combat drone, capable of surveillance, reconnaissance, and missile and rocket attacks.
Sept. 28 – Iran unveiled the Yasir combat drone, equipped with an advanced reconnaissance system and capable of detecting remote targets.
Nov. 18 – Iran unveiled its largest missile-equipped drone to date, known as the Fotros drone. It supposedly had a range of 2,000 km.
2014
Aug. 24 – Iran unveiled two new drones, the Karar-4 and Mohajer-4, and two new missiles, the Ghadir ground-to-sea and sea-to-sea missile and the Nasr-e Basir missile.
Aug 28 – Iran test-fired the Talaash 3 missile defense system successfully.
Sept. 2 – Iran unveiled the Keyhan and Arash 2 radar systems, which can intercept fighter jets and stealth aircraft.
Sept. 23 – Iran introduced a new missile-equipped drone capable of destroying different types of aircraft.
Sept. 29 – Iran unveiled the Sadeq 1 drone and Fath 2 radar system.
Nov. 13 – Iran announced that it had reverse-engineered a version of the American RQ-170 Sentinel drone it captured in 2011, improving its speed and fuel efficiency. But a Pentagon spokesperson claimed there was “no way” the Iranian drone matched American technology.
2015
Jul 4 – Iran unveiled a second Ghadir long-range early warning radar system able to track aircraft from 600 km away and ballistic missiles up to 1.100 km away.
Oct 11 – Iran test-fired the new Emad ballistic missile. It was a surface-to-surface l missile with the supposed ability to be precision guided to its target. Washington called it a clear violation of U.N. Security Council Resolution 1929, which prohibits Iran from test launching ballistic missiles.
Oct 14 – The IRGC allowed broadcasting of rare images from inside an underground missile bunker.
Nov. 21 – Iran reportedly tested a Ghadr-110 medium-range ballistic missile near the port city of Chabahar on November 21.
2016
Jan. 12 – Iranian military forces seized two U.S. Navy vessels and held them on Iran’s Farsi Island in the Persian Gulf. Nine men and one woman were aboard the small riverine boats. The Pentagon received assurances from Iran that the crew and vessels would be returned promptly.

 

Jan. 13 – U.S. sailors detained by Iran were safely released to the U.S. Navy after an overnight flurry of diplomatic efforts. Secretary of State John Kerry and Foreign Minister Mohammad Javad Zarif spoke at least five times about the incident.

Jan. 17 – The United States imposed new sanctions on 11 individuals and entities for supporting Iran’s ballistic missile program. The new measures followed a December report by U.N. experts that concluded that an Iranian test launch in October violated sanctions banning Iran from test firing missiles capable of delivering nuclear weapons.

Feb. 8 – The IRGC test fired Shahab-1, Shahab-2, as well as Ghadr-H and Ghadr-F ballistic missiles as part of a large-scale military drill. The launches, publicized widely by Iranian media outlets, were intended to display Iran’s “deterrence power” and “full readiness to confront all kinds of threats against the Revolution, establishment and territorial integrity,” according to the IRGC.
Feb. 9 – Iran test fired two Ghadr-H ballistic missiles. IRGC Brigadier General Amir Ali Hajizadeh said Iran designed the weapons with a range of 2,000 km to be able to hit Israel “from a safe distance.”

Foreign Service Personnel Dissent Letter to Pres. Trump

We heard last week that several top policy people at the State Department left their positions. The State Department has a culture of very lenient diplomacy where few governments are ever disciplined or rebuked for decisions and actions that counter agreements, treaties, human rights and more. Iran is the topic example.

Now we have the next level of State Department personnel that are pushing back hard on President Trump’s Executive Order on suspension of travel visas and travel bans from listed countries. Secretary of State nominee, Rex Tillerson when confirmed will have a rank and file challenge on his hands.

Perhaps those behind the signatures on this dissent letter could answer some questions on the recommendations made by the 9/11 Commission Report where the entire chapter was dedicated to immigration of which every member of Congress, both sides of the aisle signed in approval to accept the recommendations and work to implement. (Pre 9/11 status quo has infected diplomacy again)

Countless foreign service officers have drafted a memo to the White House.

LawFareBlog: Numerous Foreign Service officers and other diplomats have drafted a dissent memo expressing opposition to President Donald Trump’s executive order banning refugees and immigrants from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States. ABC reported this morning on the draft, which is likely to be submitted today.

Here’s a copy of the actual draft. We are hearing that literally hundreds of foreign service officers are planning to be party to the dissent memo; it’s still unclear exactly how many. We have redacted all names and personally identifiable information from this document.

**

(First page on the left) The State Department’s Dissent Channel is a mechanism for employees to confidentially express policy disagreement, created in 1971 as a response to concerns within the Department over the government’s handling of the Vietnam War. Authors of a memo submitted through the Channel, which is open to all regular employees of the State Department and USAID, may not be subject to any penalty or disciplinary action in response. Once a memo is submitted, the Secretary of State’s Policy Planning Staff must acknowledge its receipt within two working days and will usually distribute it to the Secretary of State, the Deputy Secretary of State, the Under Secretary for Political Affairs, the Chairperson of the Open Forum, and, if the memo’s author is employed by USAID, by the head of that agency as well. Taking into account the wishes of the author, the memo may also be distributed more broadly within the State Department and may be done so anonymously.

The ultimate significance of the channel is that memos must receive a substantive response within 30-60 working days

For Trump: Inter arma enim silent leges

Translation: For among times of arms, the laws fall mute. But is this true?

Much opposition was forced on President GW Bush for his actions by executive order and presidential findings directly after the 9/11 attack. Bush ordered countless legal authorities inside and outside government for legal decisions on every step he took including that of ‘enhanced interrogation techniques’.

We have a major debate that will not be solved any time soon on the legality of the President Trump executive order on the refugee question which has caused major protests and legal action already as we see detentions of foreign nationals at airports. All executive orders are subject to judicial review. Presidents have been given the option of using extraordinary power and in many cases that is a good condition, yet in the matter of law, there have been without question many abuses.

This post is not meant to form any conclusion on the legal veracity of this executive order, rather it is designed to add it more facts and additional questions moving forward. President Trump has a mess to clean up left by Barack Obama, of this, there is no dispute. The White House did take action at the stroke of the pen to begin to make America safer, however was this action taken too soon and without legal opinions including that of the Office of Legal Council? That has not been answered.

So, here are some items that must be included in this debate that extends the whole view and argument.

These are not in any specific order so the reader can individually prioritize.

  1. Should President Trump have set an effective date of this Executive Order?
  2. How was TSA, DHS and all other associated agencies briefed on those already in transit and with validated travel documents in hand?
  3. Did the White House consider exemptions or waivers for those that have been vetted previously that worked or work for the USG in some capacity?
  4. Why were some countries on this list while others were not? The San Bernardino shooters were from Pakistan, but do we need Pakistan for the war in Afghanistan?
  5. The majority of the terrorists on 9/11 were from Saudi Arabia and yet Saudi was omitted from the list, why? Could it be that Trump had/has business interests there or because some that were formally in the Kingdom did aide often the United States when it came to terror like in the case of kidnapped CIA operative William Buckley in Beirut of which the Saudis helped finance his recovery? It is without question the Saudis dislike Iran as much as the United States.
  6. We have seen millions of refugees enter all parts of Europe in recent years and yet they can enter the United States under the ‘visa waiver’ program. Did the Trump White House take this under full consideration? The answer is a ‘kinda, yes’ they did but that review has been ordered and not yet deployed.
  7. We have countless refugees and asylees entering the United States from our southern border, but was Mexico on the list? No, yet we don’t know either if the phone discussion President Trump had with President Nieto, this topic was addressed.
  8. There are in fact limitations to who can be accepted into the United States under 8 U.S. Code S 1182 and applying those restrictions remain in the authority of the President while waivers can be issued and it is germane to ask if this law has been considered.
  9. Refugees too have rights and legal protections which was in fact determined after WW II and we have witnessed millions in the Middle East that are forced to live outside their homeland in camps that are simply inhumane. So when it comes to the ‘huddle masses’, the United States does have a responsibility however, the genesis of the current refugee/asylee issue remains with Susan Rice, Barack Obama and Hillary Clinton. The solution in the long term is almost impossible for President Trump and his team to solve unless the hostilities and conflicts in the Middle East are solved.
  10. The protests of those standing against the Trump executive order was not spontaneous, nor were those immediate lawsuits against this temporary refugee ban. Following the money and the continued chaos will not soon go away. What is the proper counter-measure going forward? A question that remains without an answer.
  11. In 2011, Obama did ban Iraqis wanting to enter the United States and this was in fact the exact year the United States pulled out in total from Iraqi. Obama did however issue some selective waivers. The concern for Obama at the time was the matter of two people in Kentucky plotting a terror attack. This alone is a single great argument for Trump’s action and Senator Schumer should be reminded as should Nancy Pelosi. But it is not the full argument as noted by the items above.
  12. It should be noted the actions of President Carter who ordered all Iranians to leave the United States and cut all interactions with Iran with few exceptions.

There are historical events that do offer President Trump great legal standing that is unless courts will rule otherwise in upcoming cases.

ABC: Over the veto of President Woodrow Wilson, Congress passed the 1917 Immigration Act amid social outcry over national security during World War I. According to the Office of the Historian of the U.S. Department of State, the legislation extended to barring most Asian nation immigration overall, with the exception of Japan, which was protected by a prior bilateral diplomatic agreement, and the Philippines, then a U.S. colony.

The act was officially repealed by the Magnuson Act in 1943, in the context of the U.S. alliance with China against Japan during World War II. Still, actual Chinese immigration to the U.S. remained capped at 105 persons a year until 1965.

National Origins Formula

For the first time in the 1920s — through the Emergency Quota Act of 1921 and the Immigration Act of 1924, or the Johnson-Reed Act — the U.S. further restricted immigration by establishing a wide-scale quota system based on national origins. According to the Office of the Historian of the U.S. Department of State, in addition to putting a blanket ban on immigration from Asian countries, now including Japan in the case of the Johnson-Reed Act, the national origins immigration policies also had the effect of reducing immigration from southern and eastern Europe.

According to a 2015 report by the Pew Research Center about 20th century U.S. immigration, the impact of the system was intended to “try to restore earlier immigration patterns by capping total annual immigration and imposing numerical quotas based on immigrant nationality that favored northern and western European countries.”

The U.S. immigration system remained based on the national origin of would-be immigrants until the passage of the Immigration Act of 1965 during the presidency of Lyndon B. Johnson.

“It was designed for racist reasons,” said Steve Legomsky, professor of law at the Washington University School of Law in St. Louis, referring to the national origins system as well as the prior exclusion of Asian immigrants. “Today, I don’t think that’s what’s driving the immigration ban [proposed by Trump]. I think it’s more a fear of terrorism and a concern for national security.”

Legomsky, who was also formerly the chief counsel of U.S. Citizenship and Immigration Services, added that “the impulses are different [now], but the effect is the same.”

In summary, this article is hardly complete with all the facts and laws, rather it is meant for the reader to consider a wider range of moving parts while inviting the reader to individually research more before an ‘all in’ as full support of Trump’s executive action be assumed.

Your comments are invited and encouraged.

In closing, it was in 2014 that now deceased Justice Scalia said, in times of war, laws fall silent.