UK Government Launches Multi-Front Attack On Freedom Of Expression Under Guise Of National Security

UK Government Launches Multi-Front Attack On Freedom Of Expression Under Guise Of National Security

Authored by Patrick Cockburn via Counterpunch.org,

Matt Hancock’s bungling effort to conceal his affair with Gina Coladangelo may give hope to some that all government attempts to keep information from the public will be equally futile.

Unfortunately, the government has launched a carefully targeted multi-front offensive to hide its activities more effectively. Among measures being considered or already under way are a reformed Official Secrets Act that will conflate investigative journalism and whistleblowing with espionage. On another front, the Freedom of Information Act (FOIA) is being crippled by rejecting requests and under-resourcing. At an individual level, ministers and senior officials escape scrutiny by using encrypted messaging services that can make conversations disappear from the record.

Hancock himself was apparently so concerned over the contents of his emails that he used a private email account. Any enquiry into the test and trace debacle or the mass deaths in care homes may find it difficult to discover with whom the former health secretary was in contact.

In the last year, the rejection of requests for information from central government under the FOIA have soared to 50 per cent compared to 15 per cent when it was first introduced.

“The importance of FOIA is that it is a symbol of transparency which is why politicians hate it so much,” says Ben Worthy, a senior lecturer at Birkbeck specialising in transparency and freedom of information.

He says that governments do not dare to abolish the act, but they can defang it by across-the-board rejections, deliberately long delays or simple non-compliance.

Most threatening of all to the public knowing what the government is doing are proposed changes in the Official Secrets Act which would treat journalists, whistleblowers and leakers as if they were spies. A little-noticed 67-page consultative paper issued in May by the Home Office and titled Legislation to Counter State Threats (Hostile State Activity)says anybody revealing information that the government chooses to label as a state secret would be liable for prosecution. The papers defines espionage particularly broadly as “the covert process of obtaining sensitive confidential information that is not normally publicly available”.

Critics say the proposed legislation would leave journalists and others facing the threat of 14 years in prison for publishing whatever the government may say is damaging to national security. The burden of proof for a successful prosecution would be reduced and juries would not necessarily be told why some disclosure poses such a serious threat.

In Priti Patel’s introduction to the document, the home secretary portrays Britain as beset by enemies at home and abroad who pose a mounting danger to the nation. Her declared purpose is “to empower the whole national security community to counter the insidious threat we face today”.

Supposing all these proposals are implemented then Britain will be well on the way to joining those countries where the disclosure of any information damaging to the government is punishable. Offences range from revealing war crimes to disclosing trivial failures. The Indian government would like to silence anybody revealing the true death toll in the Covid-19 epidemic; Turkey has jailed journalists for writing that it had supplied weapons to al-Qaeda-type organisations; the Egyptian government once stopped an academic from publishing a paper showing that more Egyptian farmers were going blind because of the spread of a waterborne parasite.

Britain does not have the same tradition of authoritarian censorship, but freedom of expression here is more fragile than it looks for two reasons. The Johnson administration has been more moderate than many nativist populist governments that have taken power around the world over the last decade. But it shares with them a strategy of systematic threat-inflation, frequently modelled on the agenda of the Republican Party in the US. In the paper cited above, Patel speaks of the necessity of introducing voter IDs and combating foreign powers interfering in British elections.

A second feature of British culture makes the country particularly open to the belief that somewhere in the heart of government lie informational crown jewels, well-guarded secrets so important that their disclosure would pose an existential threat to us all. Such a myth is central to the plot of thousands of spy novels and films. But in my experience as a journalist few such earth-shaking secrets exist and what many people think of as a secret is either trivial or can be deduced by any reasonably well-informed person.

The disclosures by Dominic Cummings, recently in the top ranks of government as Boris Johnson’s chief of staff, are a good example of what might be termed “the fallacy of the state secret”. For more than seven hours he testified to a parliamentary committee about the inner workings and personal likes and dislikes within the Johnson government. He made damaging allegations about Hancock, Johnson, inadequate preparations for the Covid-19 pandemic, the failure to protect care homes and shambolic mistakes in calling the second lockdown.

Yet none of these revelations were “secrets” in any sense of the word since the facts about these disastrous decisions and decision-makers had long been obvious. What made Cummings’s testimony so fascinating was that it provided eye-witness confirmation of what most people already knew.

Much the same is true of the Wikileaks publication of hundreds of thousands of classified US diplomatic and military cables in 2010 for which Julian Assange is currently incarcerated in Belmarsh high security prison in London. Despite the best effort of the US government to prove the opposite, these supposed “secrets” revealed little that was not known previously, deeply embarrassing though it was for the US government to see proof that its helicopters were machine-gunning civilians in the streets of Baghdad.

To try to maintain the classic spy movie narrative that secrets betrayed means that there is blood on the hands of the betrayers, the US army set up a task force to try to find a US agent who had died because of the Wikileaks revelations. But after long researches the team of 120 counterintelligence officers failed to find a single person, among the thousands of American agents and secret sources in Afghanistan and Iraq, who could be shown to have died because of the revelations.

The real reason why governments fight so hard to maintain their monopoly control over information is not to keep security secrets vital to the nation, but to use or leak that information themselves.

They know that it is one of the key levers of their power and will persecute and punish anybody who tries to take it from them.

As Ben Worthy puts it, the struggle, which people imagine is about keeping secrets, is really about who discloses them and is consequently “a battle to control the news agenda”.

*  *  *

Patrick Cockburn is the author of War in the Age of Trump (Verso).

Tyler Durden
Wed, 07/07/2021 – 02:00

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An Unbeatable Sprinter Is Defeated by an Irrational Prejudice


Sha'Carri-Richardson-7-2-21-Newscom

President Joe Biden’s take on American sprinter Sha’Carri Richardson’s one-month suspension for marijuana use was similar to hers and correct as far as it went. “Rules are rules,” he said on Saturday, and “everybody knows what the rules are going in.”

Biden added that “whether that should remain the rule is a different issue.” But as the collapse of pot prohibition continues apace in the United States, that issue is unavoidable: Now that 44 percent of Americans live in states that treat marijuana like alcohol, the lingering distinction between these two intoxicants makes less sense than ever before.

Richardson, who tested positive for an inactive THC metabolite during U.S. Olympic Team Trials on June 19, said she used marijuana in Oregon, where voters approved legalization in 2014, after learning about her biological mother’s death. Had she reacted by having a drink or two, that choice would have had no impact on her athletic career.

But under the 2021 World Anti-Doping Code, which the U.S. Anti-Doping Agency (USADA) enforces, THC is considered a “substance of abuse,” so designated because it is “frequently abused in society outside of the context of sport.” Although the same obviously could be said of alcohol, that drug is not considered a “substance of abuse.”

Counterintuitively, Richardson’s infraction had nothing to do with “doping” as it is usually understood, since the USADA concedes that her marijuana use was “unrelated to sport performance.” Nor does her positive test result indicate that she was under the influence of marijuana during competition, since the THC metabolite cited by the USADA can be detected in a cannabis consumer’s urine for days or weeks after the last dose.

Richardson’s cannabis consumption nevertheless had severe consequences. It nullified her first-place finish in the 100-meter trials, making her ineligible for that event at this summer’s Olympics, where she had a good shot at winning a gold medal.

The 21-year-old runner responded to this crushing disappointment with remarkable grace. “As much as I’m disappointed, I know that when I step on the track I represent not only myself, I represent a community that has shown great support, great love,” she said on NBC’s Today show. “I apologize for the fact that I didn’t know how to control my emotions or deal with my emotions during that time.”

The USADA said Richardson’s suspension was reduced from three months to one “because her use of cannabis occurred out of competition and was unrelated to sport performance, and because she successfully completed a counseling program regarding her use of cannabis.” The idea that Richardson needed “counseling” because of her perfectly understandable response to her mother’s death, as if that decision revealed her as an incipient drug addict, is irrational and more than a little insulting.

Other athletic organizations have recognized that arbitrary rules like the USADA’s can no longer be justified (if they ever could). In 2019 the National Hockey League and Major League Baseball stopped testing players for marijuana.

Businesses also are adapting to the new reality of widely legal cannabis. Last month Amazon, the nation’s second-largest private employer, announced that it would no longer test job applicants for marijuana and would instead treat cannabis consumption “the same as alcohol use.”

The Biden administration initially indicated that it also would take a more tolerant approach, saying in February that it would allow people with a “limited” history of marijuana use—a description that encompasses at least half of American adults—to work in the Executive Office of the President. A month later, however, The Daily Beast reported that “dozens of young White House staffers have been suspended, asked to resign, or placed in a remote work program due to past marijuana use.”

Repealing the federal ban on marijuana would greatly simplify decisions like these. But since Biden opposes that change and Democratic legislators who favor legalization are not making a serious effort to attract Republican support, it seems unlikely that will happen anytime soon.

© Copyright 2021 by Creators Syndicate Inc.

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An Unbeatable Sprinter Is Defeated by an Irrational Prejudice


Sha'Carri-Richardson-7-2-21-Newscom

President Joe Biden’s take on American sprinter Sha’Carri Richardson’s one-month suspension for marijuana use was similar to hers and correct as far as it went. “Rules are rules,” he said on Saturday, and “everybody knows what the rules are going in.”

Biden added that “whether that should remain the rule is a different issue.” But as the collapse of pot prohibition continues apace in the United States, that issue is unavoidable: Now that 44 percent of Americans live in states that treat marijuana like alcohol, the lingering distinction between these two intoxicants makes less sense than ever before.

Richardson, who tested positive for an inactive THC metabolite during U.S. Olympic Team Trials on June 19, said she used marijuana in Oregon, where voters approved legalization in 2014, after learning about her biological mother’s death. Had she reacted by having a drink or two, that choice would have had no impact on her athletic career.

But under the 2021 World Anti-Doping Code, which the U.S. Anti-Doping Agency (USADA) enforces, THC is considered a “substance of abuse,” so designated because it is “frequently abused in society outside of the context of sport.” Although the same obviously could be said of alcohol, that drug is not considered a “substance of abuse.”

Counterintuitively, Richardson’s infraction had nothing to do with “doping” as it is usually understood, since the USADA concedes that her marijuana use was “unrelated to sport performance.” Nor does her positive test result indicate that she was under the influence of marijuana during competition, since the THC metabolite cited by the USADA can be detected in a cannabis consumer’s urine for days or weeks after the last dose.

Richardson’s cannabis consumption nevertheless had severe consequences. It nullified her first-place finish in the 100-meter trials, making her ineligible for that event at this summer’s Olympics, where she had a good shot at winning a gold medal.

The 21-year-old runner responded to this crushing disappointment with remarkable grace. “As much as I’m disappointed, I know that when I step on the track I represent not only myself, I represent a community that has shown great support, great love,” she said on NBC’s Today show. “I apologize for the fact that I didn’t know how to control my emotions or deal with my emotions during that time.”

The USADA said Richardson’s suspension was reduced from three months to one “because her use of cannabis occurred out of competition and was unrelated to sport performance, and because she successfully completed a counseling program regarding her use of cannabis.” The idea that Richardson needed “counseling” because of her perfectly understandable response to her mother’s death, as if that decision revealed her as an incipient drug addict, is irrational and more than a little insulting.

Other athletic organizations have recognized that arbitrary rules like the USADA’s can no longer be justified (if they ever could). In 2019 the National Hockey League and Major League Baseball stopped testing players for marijuana.

Businesses also are adapting to the new reality of widely legal cannabis. Last month Amazon, the nation’s second-largest private employer, announced that it would no longer test job applicants for marijuana and would instead treat cannabis consumption “the same as alcohol use.”

The Biden administration initially indicated that it also would take a more tolerant approach, saying in February that it would allow people with a “limited” history of marijuana use—a description that encompasses at least half of American adults—to work in the Executive Office of the President. A month later, however, The Daily Beast reported that “dozens of young White House staffers have been suspended, asked to resign, or placed in a remote work program due to past marijuana use.”

Repealing the federal ban on marijuana would greatly simplify decisions like these. But since Biden opposes that change and Democratic legislators who favor legalization are not making a serious effort to attract Republican support, it seems unlikely that will happen anytime soon.

© Copyright 2021 by Creators Syndicate Inc.

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Pressed For Answers On Syria Cover-Up, OPCW Chief Offers New Lies And Excuses

Pressed For Answers On Syria Cover-Up, OPCW Chief Offers New Lies And Excuses

Authored by Aaron Maté via TheGrayZone.com,

Facing growing outcry, OPCW Director General Fernando Arias went before the UN and told new falsehoods about his organization’s Syria cover-up scandal – along with more disingenuous excuses to avoid addressing it.

Part 1 of 2…

In the two years since the censorship of a Syria chemical weapons investigation was exposed, the head of the Organization for the Prohibition of Chemical Weapons (OPCW), Fernando Arias, has vigorously resisted accountability.

Arias has refused to investigate or explain the extensive manipulation of the OPCW’s probe of an alleged April 2018 chlorine attack in Douma. Rather than answer calls to meet with the veteran inspectors who protested the deception, Arias has disparaged them. The OPCW Director General (DG) has even resorted to feigning ignorance about the scandal, recently claiming that “I don’t know why” the organization’s final report on Douma “was contested.”

Facing growing pressure to address the cover-up – most prominently in a “Statement of Concern” from 28 notable signatories, including five former senior OPCW officials – Arias came before the United Nations Security Council on June 3rd to answer questions in open session for the first time.

In a nod to the public outcry, Arias backtracked from a previous statement that the Douma controversy could not be revisited. But while appearing to suggest that the investigation could be reopened, Arias offered more falsehoods about the scandal, and new disingenuous excuses to avoid addressing it.

This two-part report summarizes Arias’ latest evasions and distortions, which include the following:

  • Rejecting proposals for resolving the Douma controvery, Arias invoked restrictions that do not appear to exist. Arias falsely claimed that the OPCW’s Scientific Advisory Board (SAB) has “no authority” to examine the suppressed Douma evidence. Arias also claimed that he personally has “no authority whatsoever to reopen this investigation,” even though the OPCW’s regulations contain no such limits.

  • To discredit the vast quantity of work that was done for the investigation’s original report, which found no evidence of a chlorine attack, Arias falsely stated that the “bulk” of analysis was conducted after its chief author was no longer involved. To advance this falsehood, Arias cited a fabricated figure.

  • Arias tacitly retracted a previous false claim that no state has challenged the Douma report’s conclusions. But instead of acknowledging that prior falsehood, he replaced it with a new one.

  • Arias did not answer direct questions about the documented scientific fraud in the Douma probe, and how he plans to address it. The DG ignored a question from the Russian delegation about why the Final Report omitted the conclusions of NATO member state toxicologists who ruled out chlorine gas as the cause of death. And for the third time, Arias did not respond to a question asking whether he will agree to meet with the dissenting inspectors.

  • A recent BBC podcast interviewed a purported OPCW source who discussed sensitive information and criticized the Douma whistleblowers, as well as the organization’s first Director General, José Bustani. Arias offered an absurd excuse to avoid launching an investigation, stating that he would only probe the breach of confidentiality if the BBC’s source “is identified.”

  • Arias continued to deceptively minimize the role of the key dissenting inspector, Dr. Brendan Whelan. Arias downplayed the fact that Whelan was the scientific coordinator and chief author of the team’s original report, and falsely claimed that he was only involved “in a limited capacity.”

  • Arias also continued to falsely downplay the role of the second known whistleblower, Ian Henderson. Arias’ latest distortions about Whelan and Henderson are addressed in the second part of this report.

Arias’ UN appearance was the latest chapter in a saga that has upended the world’s chemical weapons watchdog. In April 2018, the US, UK and France bombed Syria after accusing its government of committing a chemical attack in Douma. In March 2019, the OPCW released a final report that aligned with the US narrative that Syria was guilty of dropping chlorine gas cylinders on a pair of apartment buildings, including one where dozens of dead bodies were filmed. But an extraordinary trove of leaks soon exposed that the OPCW had published a whitewash.

Internal OPCW documents showed that the inspectors who investigated the Douma incident had found no evidence of a chemical weapons attack. The files also revealed gross inconsistencies in the prevailing narrative that chlorine was the cause of death. These findings, if released, would have reinforced strong indications that extremist insurgents who controlled Douma had staged the incident, just as Syrian forces were set to retake control. But the Douma evidence was concealed in a multi-stage cover-up.

Unknown senior OPCW officials were caught trying to doctor the team’s original report to falsely suggest evidence of a chemical attack. A delegation of US officials also visited the Hague and, in a highly irregular move, tried to convince the team that chlorine gas was used by the Syrian government. The bulk of the original team who deployed in Douma was sidelined, replaced by officials who, for the most part, had not even set foot in Syria. The result was a deceptive final report that erased the key findings of the censored original.

Although the OPCW leaks first surfaced in May 2019, Arias did not face direct questioning about the controversy until December of last year, when he came before the United Nations Security Council. However, Arias refused to answer in open session, and reportedly gave vague, non-substantive answers in private.

The Director General’s decision to return to the UN to answer questions in open session followed growing public pressure, led by former senior UN official Hans von Sponeck, as well as Bustani, the former OPCW chief. Arias’ reliance on falsehoods and hollow excuses offered the most stark display yet that his handling of the Douma cover-up cannot be defended in good faith.

OPCW chief falsely claims “no authority whatsoever” to address Douma cover-up

Just weeks before his UN appearance, Arias told the European Parliament on April 14th that when it comes to the OPCW’s Douma scandal, “the matter is closed.”

But when he came before the UN Security Council on June 3rd, Arias changed his tune. Rather than personally closing the door on revisiting the probe, Arias now claimed that he does not have the authority to re-open it. Arias did so by citing OPCW rules and restrictions that do not appear to exist.

Arias’ fallacious excuse came in response to a new proposal to break the impasse. In April, the Berlin Group 21 – established by former UN assistant secretary general Hans von Sponeck, former OPCW chief Jose Bustani and Richard Falk, an eminent Princeton Law Professor – put forward a way to address the dispute over the Douma report. They urged Arias to allow the OPCW’s own Scientific Advisory Board (SAB) — a subsidiary body made up of 25 independent scientific and technical experts who serve in their personal capacities — to assess the claims of the dissenting inspectors.

“The SAB possesses the necessary scientific and technical expertise,” the Berlin Group 21 statement said.  “[We] believe that leaving the scientific debate to the scientists, who best understand the issues at hand, would provide a more objective and rational approach to begin resolving this unfortunate and highly damaging controversy that surrounds the OPCW and indirectly endangers global security by eroding confidence in future findings relevant to alleged uses of chemical weapons.”

At the UN Security Council, Arias rejected this proposal, claiming that his hands are tied by the OPCW’s own regulations:

 The goal of the Scientific Advisory Board is written, in the terms of reference, is to enable the Director-General to render specialized advice in connection with very sophisticated, very complicated matters and issues related to chemicals and chemical weapons.  Which means that the SAB has no role to assess the findings of the FFM.  The FFM is entrusted to investigate and activate an investigation to produce a report.  And this report—I sign the report, I don’t touch it—it goes directly to the policymaking organs, in this case the Executive Council.  Which means that the SAB has no authority to reassess the investigation of the FFM or to assess any opinion of the inspectors produced on a personal basis.

In claiming that the SAB “has no authority to reassess” the Douma FFM’s findings, Arias is invoking a restriction that does not exist.

In citing the SAB’s terms of reference (ToR), Arias failed to mention that it – along with the Chemical Weapons Convention — explicitly allows for the establishment of a temporary working group of scientific experts to provide recommendations on “specific issues” – exactly as the Berlin Group 21 proposed. Paragraph 9 of the SAB’s ToR states:

In consultation with members of the [Scientific Advisory] Board, the Director-General may establish temporary working groups of scientific experts to provide recommendations within a specific time-frame on specific issues, in accordance with Article VIII, paragraph 45 of the [Chemical Weapons] Convention.

 Contrary to Arias’ claim, there is nothing preventing him from convening a working group of scientific experts to review the particularly “specific issue” that is the Douma investigation – arguably the most internally contested specific issue in the OPCW’s history. Yet Arias is claiming that he is somehow hindered by regulations that, in reality, explicitly grant him the authority to do exactly what he now claims he cannot.

In stating this excuse, Arias also dismissed the work of the dissenting inspectors as having been “produced on a personal basis”, and therefore not subject to reevaluation. Yet there was nothing “personal” about the Brendan Whelan authored-original report, completed in June 2018 and reviewed and sanctioned by other inspectors, including the team leader. What remains unknown is who exactly were the senior OPCW officials who personally doctored its contents – a question that Arias has refused to investigate.

Arias also offered another hollow excuse. The OPCW chief claimed that he can no longer revisit the Douma investigation because it is no longer “in the hands” of his office, but instead the policy-making organizations of the OPCW. According to Arias, that power now lies in the hands of the Executive Council, (the rotating group of 41 member states who govern the OPCW), and the full Conference of State Parties (all OPCW member states):

 I have to say that the report of the FFM directed to Douma is in the hands of the Executive Council and the Conference.  The Director-General has no authority whatsoever to reopen this investigation that concluded and was reported to the Executive Council, and through the Executive Council to the Conference.  The matter is in the hands of the policymaking organs and not of the Director-General.  The Executive Council was already seized of the matter in March 2019.

 This is the first time that the Director General has claimed that the report is out of his control, and instead “in the hands” of a higher body. In introducing this escape-hatch, Arias is now giving the appearance that in principle he no longer objects to a reopening of the investigation. In reality, he is skirting responsibility for that decision by passing it to executive bodies that have blocked any efforts to discuss the cover-up right from the start. Upon the release of the Douma final report in March 2019, the Executive Council immediately voted down a proposal to hear from all of the experts who worked on the Douma case. The US delegation lobbied to block the vote by reportedly arguing that such a hearing would be akin to “Stalinist trials.”

Contrary to Arias’ assertions, the Chemical Weapons Convention does not support his claim that once a final report is issued, it becomes “in the hands of the Executive Council and Conference.” The relevant passage of the CWC simply states that the “Director General shall promptly transmit the preliminary and final reports to the Executive Council and to all States Parties.” (Part XI of the Verification Annex to the CWC, Investigations of Alleged Uses of Chemical Weapons, Section D [Reports], paragraph 23.)

There is nothing to suggest here that the Executive Council – or the State Parties — becomes the custodian of these reports, or that the Technical Secretariat (TS), which the Director General oversees, somehow loses control over them.

This is indeed borne out by past practice. It is common for the TS to make amendments to final reports and issue them without the Executive Council’s permission. Such amendments, which are issued as official TS “Addendums” to published reports, can be minor technical or typographic corrections, but also major substantive additions.

This practice includes a previous OPCW investigation in Syria. After publishing a final report on alleged chemical attacks by insurgents in Syria in December 2015 (S/1318/2015/Rev.1), Syrian authorities invited the OPCW to return in order to collect further evidence that the report claimed was lacking. The FFM team paid a second visit to Syria one month later and published an Addendum to the final report — with details of its additional deployment — in February 2016. (S/1318/2015/Rev.1/Add.1).

The Addendum contains no mention of the Executive Council, and there is no record of any EC vote to authorize it. The opening paragraph reads:

 This addendum provides information further to “The Report of the OPCW Fact-Finding Mission in Syria Regarding the Incidents Described in Communications from the Deputy Minister for Foreign Affairs and Expatriates and Head of the National Authority of the Syrian Arab Republic” (S/1318/2015/Rev.1, dated 17 December 2015’).

 In the case of Douma, no one is even proposing that the OPCW return to Syria, as it did after issuing that final report of December 2015. The OPCW is simply being asked to hear from the Douma probe’s own inspectors, and address their complaints, including the doctoring of the mission’s original reportArias is passing the buck to a concocted higher authority in order to avoid exercising his own.

Disparaging whistleblowers, OPCW chief cites a fabricated figure

In one of his few attempts to make a substantive claim in defense of the Douma investigation, OPCW Director General Ferando Arias has repeatedly asserted that “most of the analytical work took place” in the last six or seven months, when the dissenting inspectors were no longer part of the Douma Fact-Finding Mission (FFM). Because of this, Arias has claimed that the whistleblowers “had manifestly incomplete information on the Douma investigation,” rendering their protests “egregious.”

At the UN Security Council, Arias doubled down on this argument by adducing, for the first time, a purported figure to substantiate it. According to Arias, 70 samples were analyzed by the OPCW in the last six months of the investigation, when the dissenting inspectors were no longer involved. Arias made this claim twice:

The FFM, after Inspector B departed, worked for more than six months, during which the bulk of the results of the investigation was got by the team.  For instance, out of the more than 100 samples, around more than 70 results were brought in those last six months of the investigation.

 Of course, the bulk of the investigations related to Douma came after I arrived to the Organisation after July 2018.  Of the more than 100 samples, more than 70 good samples were analyzed after the summer of 2018.  The bulk of the investigation, the bulk of information, the bulk of analysis, of all the information that had been gathered came after the two inspectors left.” 

Arias’ claim that “more than 70” samples “were analyzed after the summer of 2018” in the “last six months of the investigation” is a demonstrable falsehood. Unless the OPCW somehow failed to report dozens of analyzed samples until now, the claim of 70 samples is a fabricated figure. In reality, the final report on Douma shows that just 44 samples were analyzed throughout the entire probe. And just 13 of those samples were analyzed after the issuing of the interim report — i.e., after the dissenting inspectors were out of the picture.

With just 44 samples analyzed for the entire probe, and just 13 new samples analyzed in the final six months, this means that 70% of the Douma investigation’s total sample analysis was in fact conducted in its first month.

Completely inverting that reality, Arias has now produced a phony figure that paints a false picture of the work conducted in the six months after the dissenting inspectors were sidelined.

According to the Final Report, 70% of the total chemical samples analyzed were analyzed in the probe’s first month. Just 13 samples were analyzed in the last seven months, undermining OPCW DG Arias’ new claim that 70 samples were analyzed in that period. (Excerpt of Aaron Maté’s UN presentation, April 16 2021)

By claiming that the “bulk of the investigation” was conducted after the whistleblowers were no longer involved, Arias is also erasing other critical areas of work conducted in the first two months and included in the suppressed original report.

As I recently detailed in a UN presentation, a comparison between the interim report of July 2018 and the final report of March 2019 shows that the vast majority of the investigation was already done in the first two months in multiple key areas: 100% of the research of the scientific literature; 87% of the total interviews had been conducted and analyzed; a meeting with four NATO toxicologists had been convened, and 98.5% of the metadata analysis of media files from Douma was undertaken. In addition, a complete epidemiological study was reported in the original report, much of which was expunged from the final report.

This means that, contrary to Arias’ claim, the bulk of the work was in fact carried out in the probe’s first two months.

Retracting one falsehood, Arias replaces it with another

At the European Parliament in April, Arias falsely claimed that no state party has challenged any of the Douma report’s conclusions, and that Russia even “agrees” with them:

The conclusions of the report, paradoxically, have never been disputed by a state party. Even the Russian delegation agrees with the conclusions.

Arias’ implausible contention was that, despite the heated two-year public dispute over the Douma investigation, no member state has challenged it. Yet Syria and Russia have vigorously challenged the report’s findings, within the OPCW itself and in a series of UN Security Council debates.

As The Grayzone has previously reported, this phony talking point was first put forward by the NATO-tied website Bellingcat last year. Bellingcat produced excerpts of a letter that it claimed was sent by Arias in June 2019 to Dr. Brendan Whelan, the key dissenting inspector. This letter, Bellingcat declared, “reveals that at a diplomatic level behind closed doors, the Russian and Syrian governments have both agreed with the conclusions of the OPCW report.”

But The Grayzone then revealed that not only was this claim ludicrous, but based on a “letter” that was never actually sent. The Grayzone obtained and published Arias’ actual letter to Whelan, which contained none of Bellingcat’s text.

In a sign that he has now recognized the fallacy of the Bellingcat-promoted talking point, Arias tacitly walked it back in his June 3rd UN appearance. But instead of acknowledging his previous error, he replaced it with a new one. Arias now claimed:

None of the 193 Member States of the OPCW have challenged the findings of the FFM that chlorine was found on the scene of the attack, in Douma.

 To support his claim about chlorine found at the scene, Arias cited a note verbal (diplomatic correspondence) from Russia:

I have here in front of me a note verbal of the Russian Embassy, dated the 26th of April 2019, note #759 that includes an attachment.  Its a Russian Federation paper, based on the conclusions of the report of the FFM in Douma.  And this note required me to disseminate this report. This note, or report attached to the note by the Russian Embassy in The Hague said, Conclusion.  The Russian Federation does not challenge the findings contained in the FFM report regarding the possible presence of molecular chlorine in the cylinders, etc.”  This is on the web page from the Organisation.

 Arias’ own source undermines his claim. Whereas Arias told the UN that no state has “challenged the findings of the FFM that chlorine was found on the scene,” his evidence for that statement – a Russian note verbal – simply states that Russia “does not challenge” that there was a “possible presence of molecular chlorine in the cylinders.”

The Russian correspondence goes on to explain why it explicitly does challenge the final report’s conclusion that chlorine was likely used as a chemical weapon. Responding to Arias at the UN, Russian Ambassador Vasily Nebenzya read the relevant passage in full:

The Russian Federation does not challenge the findings contained in the FFM report regarding the possible presence of molecular chlorine on the cylinders.  However, the parameters, characteristics and exterior of the cylinders, as well as the data obtained from the locations of those incidents, are not consistent with the argument that they were dropped from an aircraft. The existing facts more likely indicate that there is a high probability that both cylinders were placed at Locations 2 and 4 manually rather than dropped from an aircraft. Apparently the factual material contained in the report does not allow us to draw a conclusion as to the use of a toxic chemical as a weapon. On that basis, the Russian Federation insists on the version that there was false evidence and on the staged character of the incident in Douma.

Therefore, the only contention that Russia did not challenge is that of a “possible” presence of molecular chlorine in the cylinders found in Douma. That is for obvious reasons.

No one has argued that there was no possibility of a chlorine presence. There were, after all, two chlorine cylinders found at the scene, so traces of chlorine could be expected. In reality, the OPCW did not even report any finding of chlorine gas on the cylinder. They found chloride, a breakdown product of chlorine gas but also a very common substance in the environment, and in household products like table salt and other chloride salts. Chloride theoretically could have been dispersed around the cylinders.

Other possible evidence of chlorine gas use came from very low traces of various chlorine-containing organic compounds (CLOCs) found at the scene — most, if not all, of which can be present in the environment. Because the OPCW failed to test background samples – an oversight or deliberate omission that Whelan later described as scientifically indefensible – it could not determine if these trace quantities of CLOCs found at the scene pointed to chlorine gas use, or if they came from benign sources.

When challenged at the UN on his misrepresentation of the Russian note verbal, Arias did not offer a rebuttal. He instead tersely stated: “The Russian note verbale is published and that is what they have to say.”

Arias’ willingness to deceive the UN on the details of the Douma probe and the OPCW’s own capacity to address it also extends to his portrayal of the whistleblowers, as we will explain in detail in the second part of this report.

Tyler Durden
Tue, 07/06/2021 – 23:40

via ZeroHedge News https://ift.tt/2Vg91LN Tyler Durden

CDC Insists Benefits Of mRNA Vaccines Still “Clearly Outweigh” Risks Of Dangerous Side Effects

CDC Insists Benefits Of mRNA Vaccines Still “Clearly Outweigh” Risks Of Dangerous Side Effects

With a new round of data out of Israel seemingly confirming what we have been reporting for weeks now, fresh questions are emerging about the efficacy of the mRNA vaccines (those produced by Pfizer and Moderna) and whether they’re truly 90%+ effective, as advertised.

As the number of confirmed COVID cases topped 184MM, the Israeli health ministry shared preliminary data appearing to confirm that these vaccines are less effective at preventing infection via the Delta variant. Although the data must still be peer reviewed, the Israelis went so far as to proclaim that the true efficacy number is closer to 64%. To be sure, the vaccines continue to mostly prevent severe infection and death (though they’re only 93% effective at this, less than the 100% number initially touted by their corporate parents).

Now, with President Joe Biden publicly addressing the administration’s ongoing effort to combat COVID as case numbers continue to creep higher in the US, the CDC has chimed in – right on cue – to remind the world that the benefits of everybody taking the vaccine still far outweigh the risks posed by the rare (but sometimes deadly) side effects that have now also been documented.

As we reported, the FDA now recognizes that the rare heart inflammation seen in some patients, including members of the military, have been linked to mRNA vaccines. So, with criticism and skepticism directed at the US-made vaccines mounting, the CDC on Tuesday tried its hand at a little damage control.

Per Bloomberg:

The benefits of messenger RNA Covid-19 vaccines clearly outweigh the risks despite heart complications seen in a relatively small number of mostly young men, according to the U.S. Centers for Disease Control and Prevention. Roughly 1,200 cases of myocarditis, or inflammation of the heart wall, were reported in people who received mRNA vaccines, the CDC said in its Morbidity and Mortality Weekly Report on Tuesday. But with about 296 million doses of mRNA vaccines having been administered as of June 11, the benefit is clear in all populations, including adolescents and young adults, the researchers reported.

For the Biden Administration, the stakes have never been higher. COVID cases are rising, and many are blaming Southern and western states with lower vaccination rates as a potential vulnerability that could ignite another wave of COVID.

Meanwhile, in the UK, PM Boris Johnson just confirmed that he plans to relax the last remaining COVID restrictions in England on July 19. But already, public health advisers and other “experts” are pressuring him to reconsider.

And in the US, the daily case numbers have started to creep higher, while the pace of vaccinations has slowed dramatically. Still, just under 70% of American adults have received at least one dose.

While the Biden Administration has already given employers the green light to pressure employees to get vaccinated, and will undoubtedly continue to do whatever it can to pressure more adults to accept the vaccine, Dr. Scott Gottlieb points out that most Americans will eventually acquire immunity either through natural infection, or the vaccine.

Tyler Durden
Tue, 07/06/2021 – 23:20

via ZeroHedge News https://ift.tt/3dNPFUy Tyler Durden

Dershowitz Predicts Charges Against Trump Org’s CFO Will Be Tossed

Dershowitz Predicts Charges Against Trump Org’s CFO Will Be Tossed

Authored by Tom Ozimek via The Epoch Times,

Harvard Law professor emeritus Alan Dershowitz says he believes federal tax fraud charges filed in New York City against The Trump Organization’s longtime finance chief will end up being dismissed.

“You can’t get a city district attorney indicting somebody for failing to pay federal income taxes when the IRS hasn’t even gone after him,” Dershowitz said in a July 3 interview with Newsmax.

“One of the charges, a major charge, is grand larceny against the United States government.

“That shows the extent to which they are prepared to stretch existing law and the Constitution to give them authority over federal taxes. It’s absurd.

Allen Weisselberg, Trump Organization CFO, leaves Manhattan Criminal Court after his arraignment in State Supreme Court in Lower Manhattan on July 1, 2021. (Michael M. Santiago/Getty Images)

On July 1, The Trump Organization and its chief financial officer, Allen Weisselberg, were charged in what New York prosecutors called a “sweeping and audacious” tax fraud scheme in which Trump’s company and Weisselberg allegedly cheated the state and city out of taxes by conspiring to pay senior executives off the books by way of fringe benefits, such as apartment rent and car payments.

Prosecutor Carey Dunne said in court that the alleged scheme was “orchestrated by the most senior executives” at the firm and got “secret pay raises at the expense of state and federal taxpayers.”

Weisselberg and attorneys for The Trump Organization have pleaded not guilty.

Ahead of the unsealing of the criminal indictment on July 1, The Trump Organization criticized Manhattan prosecutors for what they claimed was a partisan criminal investigation designed to hurt Trump politically. In a July 1 statement, The Trump Organization said the probe “is not justice; this is politics.”

Dunne pushed back on the claim, saying that “politics has no role in the jury chamber, and I can assure you it had no role here.”

Alan Futerfas, a member of The Trump Organization’s defense team, disagreed.

“I believe the political forces driving today’s events are just that. It’s political, politically driven, notwithstanding the statements by my colleague at the DA’s office in court today,” Futerfas said.

Weisselberg himself has been accused of defrauding the federal government—along with New York state and New York City—of more than $1 million in unpaid taxes and tax refunds for which he was ineligible.

The most serious charge against Weisselberg, grand larceny, carries a sentence of between 5 and 15 years behind bars.

Attorney Alan Dershowitz, then member of President Donald Trump’s legal team, speaks to the press in the Senate Reception Room during the Senate impeachment trial at the Capitol in Washington on Jan. 29, 2020. (Mario Tama/Getty Images)

Dershowitz told Newsmax he believes the charges against Weisselberg, who has intimate knowledge of The Trump Organization’s financial dealings, are a pressure tactic to get him to testify against Trump’s company.

“If he doesn’t turn, they will sentence him to prison, probably will not be a long prison term. Generally for crimes like this relating to a relatively small amount of taxes, there’s either no prison time or a small amount in prison time,” Dershowitz told the outlet.

“That’s the goal, to try to get people like him to testify against the higher-ups,” Dershowitz said.

“The ultimate goal here obviously, is Donald Trump. And the question is, will they get people to turn on him?”

This comes as Trump has been discussing a possible comeback run for president in 2024.

Tyler Durden
Tue, 07/06/2021 – 23:00

via ZeroHedge News https://ift.tt/3qOU9Qh Tyler Durden

Japan’s No.2 Says US & Japan “Must Defend Taiwan Together” 

Japan’s No.2 Says US & Japan “Must Defend Taiwan Together” 

Washington appears to be successfully wooing Japan to its side after urging a more united ‘standing up’ against China when it comes to Taiwan and other contested sovereignty issues in the South China Sea. 

Japanese Deputy Prime Minister Taro Aso on Monday made some surprising statements, saying that any future Chinese invasion of Taiwan would likely be interpreted in Tokyo as a “threat to Japan’s survival” – allowing the government to deploy its Self-Defense Forces for collective self-defense.

Taro Aso, Japan’s deputy prime minister, Getty Images

While not necessarily a new policy given recent updates to Japan’s post-World War II constitution allow the country to deploy armed forces only in instances it’s under attack,  Aso’s choosing to specifically invoke the hotly contested Taiwan issue alongside an expressed willingness to defend the island with the United States will be taken as especially bellicose and brazen in Beijing. 

“If a major incident happened [in Taiwan], it would not be strange at all if it touches on a situation threatening survival,” Aso said. “If that is the case, Japan and the US must defend Taiwan together.” The number two highest Japanese official further noted “the situation over Taiwan is becoming extremely intense” – especially following a Xi speech days ago wherein he vowed to enforce Chinese sovereignty over the island. 

At the moment Japan is actually locked in its own direct standoff with China over the uninhabited Senkaku Islands, recently giving its coast guard looser rules of engagement in dealing with Chinese fishing vessels, believed used of China to attempt a quiet de facto takeover of the disputed territory.

Recall that in the very first phone call early this year between Secretary of Defense Lloyd Austin and Japan’s Defense Minister, the Biden administration had reaffirmed a previously agreed upon US commitment to defending Japanese sovereignty over the Senkakus.

Meanwhile as was revealed last week…

“Secretary Austin further affirmed that the Senkaku Islands are covered by Article V of the US-Japan Security Treaty, and that the United States remains opposed to any unilateral attempts to change the status quo in the East China Sea,” the late January call readout had stated. 

Later in April Japanese Prime Minister Yoshihide Suga and President Biden issued a joint statement that urged “peace and stability across the Taiwan Strait” – however at that time it’s likely the American side had pressed for more specific and assertive language.

Tyler Durden
Tue, 07/06/2021 – 22:40

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Weimar Los Angeles: “You Can’t Go Home Again”

Weimar Los Angeles: “You Can’t Go Home Again”

Authored by Roger Simon, op-ed via The Epoch Times,

When I saw video online of Antifa attacking demonstrators in front of the Wi Spa in Los Angeles’ Koreatown, I realized why, in the immortal words of Thomas Wolfe, “You Can’t Go Home Again.”

But unlike Wolfe, who, in his famous novel, was loath to return to his native Asheville, North Carolina, I am in the south, resistant to returning to California where I lived most of my adult life.

It was the homeless coming down in the morning from Mulholland Drive on the way to free food and not-so-free drugs, making even walking the dog a perilous activity, that had initially propelled our family out—at least in part.

But things have apparently only gotten worse since, considering what transpired at the Wi Spa. That was a place I knew because, in the eighties and nineties and into the first few years of this century, I had become an occasional habitué of LA’s Korean spas, excellent places to relax in the hot water, although I can only recall patronizing Wi once.

Nothing happened there then remotely similar to what occurred the other day—a man walking buck naked into the women’s only side, declaring his “gender identity” female, while not bothering to hide the contrary evidence in front of the assembled biological women and their children.

Later, a black woman expressed her justifiable anger at this display before management only to be herself confronted by a particularly obnoxious “woke” individual defending the right of the gender dysphoric to freak out kids. (This is also on video at the link, if you haven’t seen it.)

The next chapter had defenders of traditional human privacy (aka “normals” as my friend Kurt Schlichter calls them) protesting in front of the spa when they are confronted by the violent Antifa psychos who are apparently immune to any kind of serious prosecution by the district attorneys of Los Angeles, Portland and Seattle or, for that matter, our Department of Justice.

What are we to make of this other than it is all too predictable by now?

America, in its blue states at least, and they are doing their best to spread the poison elsewhere, has turned us into a land of the “woke” where near-total conformity rules the day, the populace terrified to speak up against the real intention behind this basic Marxist behavior—the destruction of the family as we know it.

When you look at the silent faces standing in the lobby of the Wi Spa while the “woke” spokesman pontificates, you see this fear and all you can say is “Welcome to Weimar Los Angeles.”

Indeed, the direction of our republic is eerily similar to that of Weimar, Germany, in everything from social mores to inflation.

One of the more interesting books that gives a sense of what it was like then is—doubly apropos since we are in the middle of Wimbledon—“A Terrible Splendor” about the epochal 1937 Davis Cup duel between America’s Don Budge and Germany’s Baron von Cramm—a handsome gay man who was under the thumb of the Gestapo at that time for his proclivities so that he would win against the Yankee.

Meanwhile, license prevailed for others in 1930s Berlin beyond anything we would even conceive of today.

What the self-described “progressives” of LA and elsewhere have to learn is this is not about whether you are pro or anti gay. There are plenty of gays on the right these days. Or how you feel about the transgendered. Personally, I’m live and let live.

It is about something much more basic we all learned in school when school really was school and not a Cultureal Revolution indoctrination camp. I’m going to put it in caps, lest it be forgotten:

RESPECT THE RIGHTS OF OTHERS!

Disrespecting others is what Antifa, BLM and virtually everyone else on the left is doing now at a level unknown since the Weimar Republic.

We all know how that ended.

Tyler Durden
Tue, 07/06/2021 – 22:20

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My Washington Times Article Making the Case for Increasing Compensation and Procedural Protections for Property Owners Who Lose their Land to Eminent Domain


Fifth Amendment

The Washington Times recently published my article on increasing compensation and procedural protections for victims of eminent domain. Here is an excerpt:

In last month’s column on eminent domain, I made the case for constraining eminent domain abuse by restoring constitutional limits on the range of purposes for which the government is allowed to take private property. Although the Fifth Amendment allows condemnations that are only for a “public use,” too often courts let government officials seize property for the benefit of powerful private interests.

But takings that violate public use constraints and victimize the poor and politically weak are far from the only problem with current eminent domain policy. Other abuses include the grossly inadequate compensation received by many owners who have their land seized and weak procedural constraints on eminent domain….

The Fifth Amendment specifically mandates that owners receive “just compensation,” which the Supreme Court has long interpreted as the “fair market value” of the property. In reality, however, studies show that most owners get less than that, especially less affluent owners….

Even full fair market value is often not enough to fully compensate owners for their losses. Many people value their property above what they could get for it on the market. Consider, for example, homeowners and small businesses who have been in the same location for years, and have longstanding relationships with friends, neighbors and customers in the area. Nonprofit institutions such as churches and other houses of worship also often have great value that goes beyond the market price of the land they sit on. Such “subjective value” is often left uncompensated when property gets condemned, even if the owners get the full market value of the land….

There is also a need for stronger procedural protections for property owners. Some state and local governments use “quick take” condemnations, under which they can seize property even before paying compensation and litigating legal challenges. The federal government resorts to similarly egregious procedures for many pipeline and border barrier takings. Legislative reforms should ensure that the government can take property only after courts have properly adjudicated any legal challenges and full compensation is paid. Government agencies should not be allowed to take first and ask questions about legality and compensation later.

As noted, this is my second piece in a two part series. The first part is available here. Both are part of the Times’ “To the Republic” series, which features articles on a variety of constitutional issues, by various mostly conservative (and a few libertarian) commentators. It includes contributions by Arizona Supreme Court Justice Clint Bolick (on the power of judicial review), and the Volokh Conspiracy’s own Keith Whittington (on impeachment).

I have written about a variety of issues related to eminent domain in greater detail in my book The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain.

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My Washington Times Article Making the Case for Increasing Compensation and Procedural Protections for Property Owners Who Lose their Land to Eminent Domain


Fifth Amendment

The Washington Times recently published my article on increasing compensation and procedural protections for victims of eminent domain. Here is an excerpt:

In last month’s column on eminent domain, I made the case for constraining eminent domain abuse by restoring constitutional limits on the range of purposes for which the government is allowed to take private property. Although the Fifth Amendment allows condemnations that are only for a “public use,” too often courts let government officials seize property for the benefit of powerful private interests.

But takings that violate public use constraints and victimize the poor and politically weak are far from the only problem with current eminent domain policy. Other abuses include the grossly inadequate compensation received by many owners who have their land seized and weak procedural constraints on eminent domain….

The Fifth Amendment specifically mandates that owners receive “just compensation,” which the Supreme Court has long interpreted as the “fair market value” of the property. In reality, however, studies show that most owners get less than that, especially less affluent owners….

Even full fair market value is often not enough to fully compensate owners for their losses. Many people value their property above what they could get for it on the market. Consider, for example, homeowners and small businesses who have been in the same location for years, and have longstanding relationships with friends, neighbors and customers in the area. Nonprofit institutions such as churches and other houses of worship also often have great value that goes beyond the market price of the land they sit on. Such “subjective value” is often left uncompensated when property gets condemned, even if the owners get the full market value of the land….

There is also a need for stronger procedural protections for property owners. Some state and local governments use “quick take” condemnations, under which they can seize property even before paying compensation and litigating legal challenges. The federal government resorts to similarly egregious procedures for many pipeline and border barrier takings. Legislative reforms should ensure that the government can take property only after courts have properly adjudicated any legal challenges and full compensation is paid. Government agencies should not be allowed to take first and ask questions about legality and compensation later.

As noted, this is my second piece in a two part series. The first part is available here. Both are part of the Times’ “To the Republic” series, which features articles on a variety of constitutional issues, by various mostly conservative (and a few libertarian) commentators. It includes contributions by Arizona Supreme Court Justice Clint Bolick (on the power of judicial review), and the Volokh Conspiracy’s own Keith Whittington (on impeachment).

I have written about a variety of issues related to eminent domain in greater detail in my book The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain.

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