Category Archives: The Denise Simon Experience

Interview With Ambassador Wallace on the Iran Deal

Posted on by

Sadly, not only is Iran cheating, it is proven by the side deal they will cheat with White House and United Nations approval. The text of the side deal signed by Iran and the IAEA is here.

Further, Barack Obama has signed waivers on sanctions which allows the existing sanctions to be overlooked and violated by foreign countries where the United States will not apply any punishment.

It is proven that Barack Obama, John Kerry and the other members of the P5+1 don’t have any red-lines with regard to Iran’s actions or violations. Contact your senators and demand they vote no.

Meanwhile, United Against Nuclear Iran is a private group leading the charge to stop the Iran deal. It is led by former Senator Joe Lieberman. The radio interview with UANI CEO Ambassador Mark Wallace is here.

The Judge’s Ruling Today on Hillary’s Server/FBI

Posted on by

Judge Sullivan is showing little tolerance and has taken full control of the email matter and the State Department. There is no way out now, when he orders all parties to completely cooperate with the FBI on all material, devices, people and dates. Beyond the work of the media and the FBI, keep eyes on the White House collusion that ‘executive privilege’ may be applied to Hillary and her inner circle due in part to connectivity and the Benghazi testimony in October. The other point of importance is where is Attorney General Loretta Lynch going to take this matter, when in fact a special investigative team and even prosecutor should have already been named.

It is shameful that after Hillary was hacked in 2013, the State Department, the FBI and even the Justice Department chose not to further investigate. Hummm, the DOJ did issue a criminal warrant on Marcel Lazar Lehel, AKA Guccifer but it did not proceed as Romanian officials chose to advance the case where Lehel is presently serving prison time.

The Hill: A federal judge on Thursday ordered the State Department to communicate with the FBI about Hillary Clinton’s personal email server, and opened the door to additional demands on the former secretary of state.

Judge Emmet Sullivan told the department to “establish a dialogue” with the FBI about the machine, and be prepared to demand that the FBI turn over documents that may be related to a Freedom of Information Act lawsuit.

“I’m surprised that State didn’t do that already,” Sullivan told government lawyers.

“If you can get the information as result of a dialogue with the FBI… I think I may be satisfied,” he added. “Let’s see what the investigation reveals, if anything.”

The order comes amid increasing scrutiny on Clinton’s unorthodox email practices while serving as the nation’s top diplomat. Her use of a “home brew” email system has grown into an increasing drag on her front-runner presidential campaign, and forced top campaign officials to grow more aggressive in trying to get out in front of the story.

Last week, Clinton handed the server and thumb drives containing copies of 55,000 pages of her work-related emails over to the FBI, after news broke that classified information may have inappropriately passed through her inbox.

On Thursday, Sullivan raised the specter of demanding that Clinton determine whether a backup of her home server was made either by the company that managed it or by someone else, and prepare for the possibility of turning that over to the government. Those files might contain other messages of interest to the government, he suggested.

“Arguably there were backups of everything that were communicated,” he said.

“Why wouldn’t the same requirement be appropriate” with that private company as with the FBI, he questioned.

However, any additional demands would not be handed down until the FBI had at least 30 days to inspect Clinton’s server.

“Let’s see what the investigation reveals and we’ll go from there,” the judge said.

Sullivan asked for a written status report about the FBI’s progress on Sept. 21.

Thursday’s order came as part of a lawsuit launched by the conservative organization Judicial Watch, which had requested documents from the State Department about the employment status of Clinton aide Huma Abedin.

“We believe [additional] records exist,” Judicial Watch lawyer Michael Bekesha said. “Just because the government hasn’t found them doesn’t mean they’re not out there.”

Those records may be among the roughly 30,000 emails that Clinton said were personal and deleted from her server, Bekesha speculated, or else on a computer or other device she had used while in office. On Wednesday, the State Department confirmed that Clinton was not issued a BlackBerry or other device by the government while in office.

“I think the judge was curious and interested in what other copies may be out there and where those backups and copies may be,” Bekesha told reporters after the hearing. “The court decided that let’s first hear from the FBI, see what they have, see what they are doing with it, and then proceed in 30 days.”

“We don’t know what those devices could be,” he added. “All we know is they’re probably out there and the American people are not being told about them, probably because more emails are there.”

Clinton appeared to have wiped the server after deleting them at some point between last December and this March. However, there are signs that investigators may nonetheless be able to recover and search some of that information.

The next hearing in the case is scheduled for the morning of Oct. 1.

Peter Wechsler, a Department of Justice lawyer representing the State Department, told the court that it did not need to ask about backups of Clinton’s server or other locations that her communications may be, since the former secretary and her lawyer had already pledged that all work-related documents had been handed over to the department.

Wechsler also urged the judge not to demand that State itself take control of and search the server and USB thumb drives.

That would be an “extraordinary” demand, he said.

“We think the concept of reasonable search here has been met,” he added, while repeatedly expressing a desire not to “interfere” with the work of the FBI.

“To now go and request the devices would be the tail wagging the dog,” the told the court.

***

NPR: The prediction is the full FBI investigation will go wider and deeper as the media is at least reporting due to some real investigations and interviews on their part.

For now, federal authorities characterize the Justice Department inquiry into Hillary Clinton’s private email server as a security situation: a simple matter of finding out whether classified information leaked out during her tenure as secretary of state, and where it went.

Except, former government officials said, that’s not going to be so simple.

“I think that the FBI will be moving with all deliberate speed to determine whether there were serious breaches of national security here,” said Ron Hosko, who used to lead the FBI’s criminal investigative division.

He said agents will direct their questions not just at Clinton, but also her close associates at the State Department and beyond.

“I would want to know how did this occur to begin with, who knew, who approved,” Hosko said.

Authorities are asking whether Clinton or her aides mishandled secrets about the Benghazi attacks and other subjects by corresponding about them in emails.

For her part, Clinton said she did not use that email account to send or receive anything marked classified.

“Whether it was a personal account or a government account, I did not send classified material, and I did not receive any material that was marked or designated classified which is the way you know whether something is,” she said Tuesday in a question-and-answer session with reporters.

Why is Clinton emphasizing the idea that none of those messages were marked? Because what she knew — her intent — matters a lot under the law. If the Justice Department and FBI inquiry turns into a formal criminal investigation.

Two lawyers familiar with the inquiry told NPR that a formal criminal investigation is under consideration and could happen soon — although they caution that Clinton herself may not be the target.

The Clinton campaign maintains that Clinton did nothing wrong, that the government inquiry would not move beyond a “security-related review” and points a finger at a “culture of classification” within the intelligence community.

“She was at worst a passive recipient of unwitting information that subsequently became deemed as classified,” said Brian Fallon, Clinton campaign press secretary, in a conference call Wednesday with reporters, per NPR’s Tamara Keith. “When it comes to classified information, the standards are not at all black and white, and in the absence of markings that officially designate something classified, reasonable people each taking their responsibilities extremely seriously, can nonetheless disagree on the character of the information they are dealing with — and both could be completely justified in that perspective.

“And that is why we are so confident that this review will remain a security-related review. We think that furthermore this matter is mostly just shining a spotlight on a culture of classification that exists within certain corners of the government, especially the intelligence community.”

Michael Mukasey, who served as attorney general in the George W. Bush administration, recently talked to Newsmax TV about the government’s burden of proof.

“They’d have to show that she was responsible for having the information on that server and essentially knew what was on there,” Mukasey said.

Whether or not the emails were labeled as secret, some other Republicans say Clinton should have known better.

Former NSA Director Michael Hayden told the MSNBC program Morning Joe: “Put legality aside for just a second, it’s stupid and dangerous.”

Clinton said she’s cooperating with investigators. She has turned over 55,000 pages of emails for review. Inspectors general and members of the intelligence community are sifting through them now. And watchdog groups are in court demanding their public release.

But Clinton’s lawyer says she’s already deleted thousands more personal email messages. Republicans in Congress are asking about her motivations and soon federal agents may be, too.

“Then we get to the questions about what did Congress subpoena, when did they subpoena it and what was the intent … if information was deleted or if it was wiped after that time?” Hosko asked.

There’s no evidence to suggest those messages were deleted after Clinton got a subpoena this year from the House Select Committee on Benghazi, something that would raise allegations of obstructing justice.

On the campaign trail this week, a reporter asked Clinton if she had wiped clean the server. Her reply? “What like with a cloth or something? Well no I don’t know how it works digitally at all.”

Clinton later added: “I’m very comfortable that this will eventually get resolved and the American people will have plenty of time to figure it out.”

As the campaign intensifies, the FBI and its director, James Comey, will be operating in an environment filled with political sensitivity. But it won’t be the first time, Hosko said.

“The FBI won’t be ignorant to the political realities,” he said, “but they have a job to do, they know that job, they’ve done it before, they will do it here.”

Update on the Lawsuit Boehner’s House vs. Obama

Posted on by

Primer links:

The vote by the House to hire a lawyer and sue Barack Obama

The lawsuit document against Barack Obama filed

A Question of Power: The Imperial Presidency by Turley

 

House lawsuit against Obama is turning into a real problem for the president

LATimes: An unprecedented House lawsuit against President Obama that was once derided as a certain loser looks stronger now and may soon deliver an early legal round to Republican lawmakers complaining of executive branch overreach.

A federal judge is expected to decide shortly whether to dismiss the suit, but thanks to an amended complaint and a recent Supreme Court ruling, the Republican-backed case has a much better chance of proceeding, attorneys agree.

At issue is whether the House may sue in court to defend its constitutionally granted “power of the purse” if the president spends money that was not appropriated by Congress.

The lawsuit alleges that Obama’s top aides quietly claimed the power to spend $178 billion over the next decade to reimburse health insurers for covering the cost of co-payments for low-income people who buy subsidized insurance under the Affordable Care Act.

The administration initially submitted a request for an annual appropriation — about $4 billion last year — but then changed course. Officials, including Health and Human Services Secretary Sylvia Mathews Burwell, decided the so-called cost-sharing payments to insurers were mandatory and were akin to an entitlement written into law, so there was no need to seek additional approval from Congress.

House Republicans disagree and say the administration’s spending is unconstitutional.

“The power of the purse is the very thumping heart of the legislative function in our system of separation of powers,” said Jonathan Turley, the George Washington University professor who was hired in November to lead the lawsuit.

Even if a federal judge allows the complaint to proceed, the lawsuit still faces a series of hurdles. And regardless of who wins, the future of Obama’s healthcare law does not appear to turn on the outcome. However, insurance premiums could rise sharply if the cost-sharing payments are cut off.

In May, U.S. District Judge Rosemary Collyer voiced exasperation when a Justice Department lawyer tried to explain why the Obama administration was entitled to spend the money without the approval of Congress. Why is that “not an insult to the Constitution?” Collyer asked.

But the more formidable barrier now facing the lawsuit is a procedural rule. Judges have repeatedly said lawmakers do not have standing to re-fight political battles in court.

In an oft-cited ruling, the Supreme Court in 1997 tossed out a lawsuit by six members of Congress who contended the newly passed Line Item Veto Act was unconstitutional. Justices said the lawmakers were not sufficiently harmed by the law to merit bringing a lawsuit.

But in late June, the high court gave the House lawsuit an apparent boost when it ruled the Arizona Legislature had standing to sue in federal court to defend its power to draw election districts. Although the Arizona lawmakers lost their case, Justice Ruth Bader Ginsburg said the Legislature could sue because it was an “institutional plaintiff asserting an institutional injury.”

That is exactly what House Republicans claim in their lawsuit. They say they are defending their institutional authority to appropriate money.

Ginsburg in a footnote said the court was not deciding “the question of whether Congress has standing to bring a suit against the president.” But administration supporters acknowledge the high court’s opinion in the Arizona case increases the odds the suit will survive.

When it was filed last summer, the lawsuit was largely dismissed as a feeble gesture unlikely to succeed. It originally accused the president of overstepping his power by delaying an implementation deadline spelled out in the Affordable Care Act.

That put Republicans in the awkward position of faulting the Obama administration for moving too slowly to enforce provisions of a healthcare law that they were simultaneously trying to repeal.

Turley helped focus the case on the appropriations dispute, and those who have followed it closely are not so confident it will go away soon.

The case “is certainly not a slam-dunk” for the administration, said Simon Lazarus, a lawyer for the liberal Constitutional Accountability Center. “Judge Collyer was annoyed with the government’s argument, so there is at least a possibility of Turley prevailing on the motion to dismiss.”

But Lazarus remains confident the administration will win in the end.

Washington attorney Walter Dellinger, a former Clinton administration lawyer, believes the courts will not finally rule on the House lawsuit. “There has never been a lawsuit by a president against Congress or by Congress against the president over how to interpret a statute,” he said.

If the courts open the door to such claims, lawmakers in the future will opt to sue whenever they lose a political battle, Dellinger said. “You’d see immediate litigation every time a law was passed,” he said.

The Parchin IAEA Iran Deal Agreement Revealed

Posted on by

The original draft agreement between the U.N.’s International Atomic Energy Agency and Iran covering inspections at the Parchin military site has been viewed by Associated Press. The media outlet was only allowed to take notes rather than have an exact copy.

AP: VIENNA (AP) — An AP report has revealed that the U.N. International Atomic Energy Agency has agreed with Iran that Iranian experts and equipment will be used to inspect Iran’s Parchin military site, located in not far from Tehran, where Iran is suspected of conducting covert nuclear weapons activity more than a decade ago.

Here are some questions and answers about the document, and what it means for the larger deal between Iran, the United States and five other world powers to limit Iran’s nuclear activities in exchange for easing sanctions against Iran.

WHAT HAVE IRAN AND THE IAEA AGREED?

According to a draft document viewed by AP, Iran has agreed to cooperate with the U.N. in answering longstanding allegations about possible past work to develop nuclear weapons at its Parchin plant – but only with the Iranians conducting the inspections themselves. Iran would collect its own environmental samples on the site and carry out other work usually done by IAEA experts. The IAEA will be able to review the Iranians’ work after the fact. The deal on Parchin was between the IAEA and Iran. The Obama Administration was not a direct party to the agreement, but apparently was aware of it.

—

WHAT DO OPPONENTS OF THE DEAL SAY?

Opponents of the broader deal are seizing an opportunity to say the entire exercise of negotiating with Iran is flawed, that it relies too much on trust of the Iranian government.

—

WHAT DOES THE OBAMA ADMINISTRATION SAY?

The Obama administration and other supporters say the wider agreement say it is focused on the future, with ample inspections, and that the side accord between Iran and the IAEA is focused on Iran’s activities in the past and therefore is not central to the overall deal.

—

HOW UNUSUAL IS THE AGREEMENT ON PARCHIN?

Any IAEA inspection of a country suspected of nuclear irregularities is usually carried out by agency experts. They may take swipes of residue on equipment, sample the air or take soil samples in attempts to look for signs of clandestine work on atomic arms or other potentially dangerous unreported activity.

The document on Parchin, however, will let the Iranians themselves look for signs of the very activity they deny – past work on nuclear weapons. It says “Iran will provide” the agency with environmental samples. It restricts the number of samples at the suspect site to seven and to an unspecified number “outside of the Parchin complex” at a site that still needs to be decided.

The U.N. agency will take possession of the samples for testing, as usual. Iran will also provide photos and video of locations to be inspected. But the document suggests that areas of sensitive military activity remain out of bounds. The draft says the IAEA will “ensure the technical authenticity of the activities” carried out by the Iranians – but it does not say how.

In contrast, the main nuclear deal with Iran gives IAEA experts greatly expanded authority compared to what it has now to monitor Iranian nuclear activities as it works to ensure that Tehran is hewing to its commitments; reducing the scope and output of programs that Iran says it needs to generate energy but which can also be turned to making the fissile core of atomic weapons.

—

WHY IS THE PARCHIN AGREEMENT IMPORTANT?

Any indication that the IAEA is diverging from established inspection rules could weaken the agency, the world’s nuclear watchdog with 164 members, and feed suspicions that it is ready to overly compromise in hopes of winding up a probe that has essentially been stalemated for more than a decade.

Politically, the arrangement has been grist for American opponents of the broader separate agreement to limit Iran’s future nuclear programs, signed by the Obama administration, Iran and five world powers in July. Critics have complained that the wider deal is built on trust of the Iranians, while the administration has insisted it depends on reliable inspections.

The separate agreement on past nuclear activities does not affect the broader deal signed in July. And it doesn’t appear yet that the revelation will change any votes in Congress for or against a resolution of disapproval, which President Barack Obama is expected to veto if it passes.

—

HOW DID THIS AGREEMENT HAPPEN?

It could be a matter of priorities.

The Obama administration’s main focus in the broader Iran deal – signed by the U.S., Iran, Britain, France, Germany, Russia and China – is crimping Iran’s present nuclear activities so they cannot be used in the future toward making a bomb. Faced with more than a decade of Iranian resistance to IAEA attempts to probe the allegations of past weapons work at Parchin, there may be a willingness to settle for an agency report that is less than definitive – and methods that deviate from usual practices.

The IAEA also appears to have recognized that Iran will continue to insist the allegations are lies, based on false U.S., Israeli and other intelligence. After a decade of stalemate it wants to close the books on the issue and allow the U.N. Security Council to do so as well.

The alternative might well have been no inspection at Parchin any kind.

—

WHAT DOES THE IAEA SAY?

Director General Yukiya Amano says, “The arrangements are technically sound and consistent with our long-established practices. They do not compromise our … standards in any way.” He says agreements with Iran on clearing up the nuclear arms allegations “are confidential and I have a legal obligation not to make them public – the same obligation I have for hundreds of such arrangements made with other IAEA member states.”

—

WHAT DO OTHERS SAY?

Ned Price, spokesman for the National Security Council at the White House: “We are confident in the agency’s technical plans for investigating the possible military dimensions of Iran’s former program, issues that in some cases date back more than a decade. Just as importantly, the IAEA is comfortable with the arrangements, which are unique to the agency’s investigation of Iran’s historical activities.”

Olli Heinonen, in charge of the Iran investigation as IAEA deputy director general from 2005 through 2010, says he can think of no similar arrangement – a country essentially allowed to carry out much of the probe of suspicions against it.

—

HOW CRUCIAL IS PARCHIN TO THE OVERALL DEAL?

U.S. intelligence officials do not consider the Parchin inspections a critical part of the broader deal, according to one official, commenting only on condition of anonymity because he was not authorized to be quoted. The U.S. believes most weapons work occurred there in 2003, the official says, and the site has been thoroughly cleaned up since then.

*** In short, noted below:

Separate arrangement II agreed by the Islamic State of Iran and the International Atomic Energy Agency on 11 July 2015, regarding the Road-map, Paragraph 5

Iran and the Agency agreed on the following sequential arrangement with regard to the Parchin issue:

1. Iran will provide to the Agency photos of the locations, including those identified in paragraph 3 below, which would be mutually agreed between Iran and the Agency, taking into account military concerns.

2. Iran will provide to the Agency videos of the locations, including those identified in paragraph 3 below, which would be mutually agreed between Iran and the Agency, taking into account military concerns.

3. Iran will provide to the Agency 7 environmental samples taken from points inside one building already identified by the Agency and agreed by Iran, and 2 points outside of the Parchin complex which would be agreed between Iran and the Agency.

4. The Agency will ensure the technical authenticity of the activities referred to in paragraphs 1-3 above. Activities will be carried out using Iran’s authenticated equipment, consistent with technical specifications provided by the Agency, and the Agency’s containers and seals.

5. The above mentioned measures would be followed, as a courtesy by Iran, by a public visit of the Director General, as a dignitary guest of the Government of Iran, accompanied by his deputy for safeguards.

6. Iran and the Agency will organize a one-day technical roundtable on issues relevant to Parchin.

For the International Atomic Energy Agency: Tero Varjoranta, Deputy Director General for Safeguards

For the Islamic Republic of Iran: Ali Hoseini Tash, Deputy Secretary of Supreme National Security Council for Strategic Affairs

Obama Allowing Yemen Leaders to Betray Strategy

Posted on by

It was in March of 2015 conditions in Yemen exploded at the orders of Iran to deploy the Houthi against Saudi Arabia.

In 2010 the Obama administration used Yemen as the core operational hub for killer drones against militant terror cells and for the policy of his counter-terrorism campaign. This was all authorized by Obama’s signature known as ‘presidential findings’. Yemen is actually the birthplace of Osama bin Ladin’s father and is also known as the location of the death of Anwar Awlaki and the concocted bombing operation of the Detroit bound airline.

What is forgotten is the CIA operated a drone base there and an air base while Yemen’s president, Abdu Rabu Mansour appeared to participate in the betrayal of stopping America’s war on terrorism with regard to al Qaeda in the Arabian Peninsula. The hostilities began in such swift order that evacuations were immediate and by any means possible. The United States was forced to leave behind $500 million in military assets and gear much less the CIA’s entire intelligence platform was stolen and in the hands of the enemy.

But actually it is worse, simply put, the United States was thrown out.

From Defense-Aerospace: China is about to take over a military base from the United States in the small East African nation of Djibouti, according to the website of China’s nationalistic tabloid the Global Times.

Djibouti reportedly ordered the US to vacate the Obock military base so that it can be turned over the People’s Liberation Army. According to US-based magazine CounterPunch, the announcement was made in May, a day after US secretary of state John Kerry visited the country.

The move is said to be “deeply worrying” for Washington as it comes amid a wave of Chinese investment in Djibouti that includes a US$3 billion rail project to connect the country with the capital of neighboring Ethiopia, Addis Ababa, and US$400 million in investments to modernize the country’s undersized port.

The deals have had Djibouti’s president Ismail Omar Guelleh “openly talking about the importance of his new friends from Asia,” the CounterPunch article said.

Djibouti is currently home to Camp Lemmonnier, the largest permanent US military installation in Africa, which houses 4,000 troops and a fleet of drones. The US Defense Department pays Djibouti nearly US$63 million per year for use of the base.

Though the US is losing only a secondary military installation in Obock, Washington is likely more concerned with what the base will provide China, which is strategic positioning in the Horn of Africa at a key entry point from the Indian Ocean to the Red Sea and a gateway to the Suez Canal.

***

Today hostilities continue in Yemen and there is some interesting cooperation in the region with Saudi Arabia. It appears the Obama administration has approved playing both sides of the battlefield.

From USNews in part: The U.S. knows the Saudi government has employed cluster bombs in its ongoing war against Shiite Muslim rebels in neighboring Yemen, but has done little if anything to stop the use of the indiscriminate and deadly weapons during what has become a human rights catastrophe in one of the Arab world’s poorest countries.

With watchdog groups warning of war crimes and attacks striking civilians in Yemen, the Pentagon declined to comment publicly on whether it has discussed cluster bombs with Saudi Arabia or encouraged its military to cease using them, deferring all such questions to the State Department. But a Pentagon official, speaking on the condition of anonymity, tells U.S. News “the U.S. is aware that Saudi Arabia has used cluster munitions in Yemen.”

Deferrals by the Pentagon on the topic are nothing new, though the use of the weapons by the Saudis – some of which were reportedly supplied by the U.S. – appears to be only a recent tactic. Former spokesman Army Col. Steve Warren told reporters in May the Defense Department was looking into claims the Saudis were using cluster munitions and called on all sides to “comply with international humanitarian law, including the obligation to take all feasible measures to minimize harm to civilians.” Warren’s successor, Navy Capt. Jeff Davis, was asked about similar reports in July and did not at that time have any new information.

Multiple groups are fighting in Yemen, but the heart of the conflict lies between forces loyal to U.S.- and Saudi-backed President Abed Rabbo Mansour Hadi, who fled from Yemen to Saudi Arabia earlier this year. They’re fighting against Shiite Houthi rebels aligned with, if not directly backed by, chief Saudi rival Iran. Deposed Yemeni President Ali Abdullah Saleh has also re-emerged and allied himself with the Houthis.

The U.S. supports the Saudi-led coalition of Arab nations battling the Houthis with an operations center in Saudi Arabia and another in Bahrain. Through them, the American military provides intelligence and logistics support as well as air tankers to help refuel the coalition’s jets.

That assistance, however, doesn’t grant the U.S. much sway over the way Saudi Arabia is waging its war.

“This is quite new for Saudi Arabia to be so assertive in their foreign policy and the use of their military, which is precisely why the Pentagon is bending over backward [for them],” says Charles Schmitz, a Towson University professor and expert on Yemen. “They want to reassure the Saudis that the U.S. is still on their side, so they’re letting them do whatever they want.”

Clashes have taken place throughout Yemen, but have been focused on recent weeks in and around the key port city of Aden, where Saudi-led forces established a beachhead against the Houthi stronghold earlier this month and have slowly expanded outward.

The conflict has grown increasingly deadly, and the deployment of cluster bombs has only added to the carnage. Almost 4,000 people have been killed, with 19,000 injured and more than a million displaced from their homes, according to accountings by the Red Cross and other organizations.

The U.S. and Saudi Arabia are among 80 countries that have not signed The Convention on Cluster Munitions, a treaty banning the use of such weapons, according to the Cluster Munition Coalition. The Defense Department also has deemed the bombs “legitimate weapons with clear military utility.”

Indeed, from a pure military perspective, a cluster bomb is ideal. The ordnance – which breaks apart in flight to disperse multiple, smaller explosives – is an excellent “area denial weapon” in military-speak, with its ability to cause massive destruction over wide swathes of territory while using relatively few military personnel. In Yemen, a largely arid country that shares a long border with Saudi Arabia, such weapons can be used to great effect.

But cluster bombs are also very difficult to control and extraordinarily dangerous to noncombatants. The explosives disperse more widely than precision-guided weapons and may not detonate on impact, making them potentially deadly long after combatants have left a battlefield.

“These weapons should never be used under any circumstances,” Human Rights Watch arms director Steve Goose said in May, when his organization released a report alleging the use of cluster bombs in Yemen. “Saudi Arabia and other coalition members – and the supplier, the U.S. – are flouting the global standard that rejects cluster munitions because of their long-term threat to civilians.”

However, since the U.S. is not leading the current war in Yemen – and since it hasn’t sworn off such weapons itself – it is no position morally or militarily to dictate the actions of a partner like Saudi Arabia.

“Actual U.S. strategy in the Middle East right now is to try and get allies and proxies to take the lead on actual fighting, a variant of the ‘lead from behind’ approach [taken] in Libya,” says Chris Harmer, a 20-year Navy officer now with the Institute for the Study of War. “It is simply not possible for the U.S. to tell allies and proxies who are doing the fighting what weapons to use. If the U.S. wants to minimize the use of cluster munitions against terrorist-affiliated groups such as the Houthis in Yemen, then the U.S. needs to take the lead in the fight.

“Absent a willingness to do so, the U.S. has no standing to tell its allies how to conduct the fight.”

Like most in the Middle East, the Saudi military has dedicated itself largely to internal security, not external operations. That has changed during the tenure of President Barack Obama, who has encouraged allies in the region – the beneficiaries of expensive U.S.-developed military equipment – to fight neighborhood wars for themselves instead of expecting American intervention.

One of the main exceptions aside from Yemen was when Saudi Arabia quietly launched a ground campaign into neighboring Bahrain during the 2011 Arab Spring uprisings in an effort to rescue the ruling government’s fellow Sunni Muslims from bubbling discontent among the Shiite majority there. Saudi-backed government forces were accused of heavy-handedness, though those reports were largely drowned out by larger uprisings elsewhere at the time. Many believe the harsh response was meant also to send a signal to Iran, believed to have been involved in stirring the uprising in Bahrain.

In Yemen, reports from the ground indicate the violence has reached new heights in recent weeks, following the collapse of a humanitarian cease-fire in late July after less than a day.