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Major Newspapers Call For More Transparency Of Drone Program


Two editorials by major American newspapers on Friday highlight the need for increased oversight and transparency over the United States’ counter-terror targeted killing programs. The editorials, in the New York Times and Los Angeles Times, are responding to a recent court ruling that the Obama administration was not required to disclose a document outlining its legal justification for killing American citizen Anwar al-Awlaki in Yemen in 2011. Though the judge in the case, Colleen MacMahon, called for greater transparency with respect to the drone program, she also concluded she was legally incapable of ordering it, a point the New York Times — one of the plaintiffs challenging the government in the suit — took issue with:

For starters, various government officials have spoken publicly about the American role in killing Mr. Awlaki and the circumstances under which the government considers targeted killings, including of American citizens. At President Obama’s nominating convention last summer, a video prepared by his campaign listed the killing of Mr. Awlaki prominently among Mr. Obama’s national security achievements.

Such a selective and self-serving “public relations campaign,” as the judge termed it, should have been deemed a waiver of the government’s right to withhold its legal rationale from public scrutiny. Moreover, disclosing the document would not have jeopardized national security or revealed any properly classified operational details. The ruling, which is inconsistent with the purpose and history of the information disclosure law, richly deserves overturning on appeal.

While the Los Angeles Times is more sympathetic to MacMahon’s legal reasoning, it also believes more transparency is needed on the legal justification for killing Awlaki, writing that “If [the Obama administration] is going to act as judge, jury and executioner, the least it can do is divulge its legal reasoning.”

Some of the arguments in the government’s 50-page memo justifying the strike on al-Awaki have been released publicly. It appears to argue that since al-Awlaki was waging war on the United States as a member of al-Qaeda, it would be lawful to kill him despite his citizenship if and only if he cannot also be captured. CAP’s Ken Gude agrees with this reasoning, writing that the al-Awlaki case “was an airstrike that resulted in the death of a legitimate military target based on the power Congress granted the president in the 2001 AUMF [Authorization to use military force].” Critics charge, for example, that such reasoning would only apply if al-Awlaki were on a battlefield in active combat with American forces. It is hard to assess this debate without access the government’s full legal justification for the strike.

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Politics

Former NRA President: Banning Assault Weapons Is Like Banning People of Color


The National Rifle Association has repeatedly thumbed its nose at calls for stronger gun safety measures after the tragic shooting at Sandy Hook Elementary School in Newtown, CT. Current NRA CEO Wayne LaPierre shocked many by attacking these efforts and calling instead for armed guards in every school. Still, on Wednesday, past NRA President Marion Hammer took the lobbying organization’s pro-gun radicalism to new heights.

On NRA’s news show, Hammer warned that gun owners are “in for a massive fight like we’ve probably never seen before,” in which the government will take guns away “in order to control the masses.”

When asked about proposals to ban certain kinds of assault weapons, Hammer also charged that guns are suffering discrimination similar to racism against people of color:

HOST: And they even admit it’s about banning the ugliest guns. They admit it.

HAMMER: Banning people and things because of the way they look went out a long time ago, but here they are again. The color of a gun, the way it looks. It’s just bad politics.

Watch it:

Despite a string of mass shootings and casualties in recent years, the NRA’s clout has effectively stifled conversation about America’s gun violence problem. But with the public’s renewed horror at the deaths of 28 people in Newtown, most of them children, the gun lobby’s grip may be slipping. Democrats introduced a slew of gun safety bills on the first day of the new Congress that would ban high capacity magazines, certain kinds of assault weapons, and close the gun show loophole that allows people to buy guns without a background check.

Alyssa

Why Fox News Psychiatrist Keith Ablow Should Run For John Kerry’s Massachusetts Senate Seat

In the next in a series of events that suggest 2013 is going to be a combination of exceedingly dispiriting and highly entertaining for me, Dr. Keith Ablow, the Fox News contributor who regularly comes on the network’s shows to put his psychiatrist training to absolutely ludicrous use, is considering running for the Massachusetts Senate seat that John Kerry will vacate if he is confirmed as the next Secretary of State.

It’s easy to get enraged about the causes in which Ablow enlists his medical credentials. This is a man, after all, who wished that Newtown teachers had been armed, who thinks working mothers are self-hating, thinks some adopted children are power-mad, gets viscerally disgusted at mentions of transgender people, thinks letting men veto abortions would solve a so-called absentee father crisis, and keeps alive the worst remnants of his profession, endorsing thoroughly debunked science about changing gay people’s sexual orientations. And that’s not even to mention his views, of particular interest to this blog, on the impact of violent media on children. These views are vile and in some cases actively damaging, and it’s shameful that Ablow would lend his psychiatric expertise to validating them.

But there’s an element of brilliant performance art to Ablow’s work, as upsetting as it may be. His role on the network is in keeping with Fox’s tendency to bait its opponents by hiring extreme figures like Mark Fuhrman, the former Los Angeles detective who plead no contest to charges he perjured himself during the murder trial of O.J. Simpson, to comment on criminal justice issues. There’s a double audacity to those assignments. It’s not just what people like Ablow and Fuhrman say. It’s that Fox treats them as credible experts at all, credentialing them through contracts and frequent airtime. And that’s exactly why I’d love to see Ablow run for Senate, and primary former Senator Scott Brown, who’s started his third attempt at getting or holding on to a Massachusetts Senate seat by calling into question Democratic contender Rep. Ed Markey’s residency eligibility to compete for the seat.
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Justice

Republican Congressman Claims Hammers Could Be Outlawed Under Assault Weapons Ban

Rep. Louis Gohmert (R-TX)

A Republican congressman lambasted the push for gun control in the wake of the Sandy Hook massacre, stating on Friday that if lawmakers wanted to ban assault weapons, they would have to outlaw “hammers” and “machetes” as well.

Appearing on the Dennis Miller Show, Rep. Louie Gohmert (R-TX) told guest host Larry O’Connor that he “refuse[s] to play the game of ‘assault weapon.’ That’s any weapon,” said the Texas congressman. “It’s a hammer. It’s the machetes.”

O’CONNOR: I want to ask you a question about one of your colleagues, Rep. Peter King in New York. He’s a very passionate guy, a great defender, he’s a great patriot. But he’s on board with this assault weapons ban. He was actually on MSNBC yesterday, openly saying, “I don’t understand why anybody would need an assault weapon.” I personally get nervous whenever a politician is asking me as a citizen why I need my right, but can you answer that question for your colleague? He might need some help here. Why would anyone need an assault weapon as they’re defining it?

GOHMERT: I refuse to play the game of “assault weapon.” That’s any weapon. It’s a hammer. It’s the machetes. In Rwanda that killed 800,000 people, an article that came out this week, the massive number that are killed with hammers.

Listen to it:

According to the FBI, in 2010, there were 8,775 people who were murdered with guns, compared to 540 people who were killed with blunt objects, a small minority of which were people armed with hammers. The exponentially-higher number of people killed by guns also includes many innocent people killed by indiscriminate gunfire, such as drive-by shootings. After all, there are no “drive-by hammerings.”

Still, hammers are not the only “weapon” that conservatives are equating with firearms in an attempt to undermine any gun control legislation. A state representative in New Hampshire, warned of another deadly weapon: credit cards. “Anything can be used as a deadly weapon, said Rep. Dan Dumaine (R). “A credit card can be used to cut somebody’s throat.”

Economy

Banks Get Delay In New Rule, Keeping Taxpayers On The Hook For Risky Trades

Regulators have decided to delay rules that would have required Wall Street banks to isolate some of their risky derivatives trading in entities not backed by taxpayers. Banks will now have until at least 2015 to comply with the rules, Bloomberg News reports:

JPMorgan Chase & Co. (JPM), Goldman Sachs Group Inc. (GS) and Bank of America Corp. won a delay of Dodd-Frank Act requirements that they wall off some derivatives trades from bank units backed by federal deposit insurance.

Commercial banks including the Wall Street firms may get as long as an additional two years — until July 2015 — to comply with the rules, the Office of the Comptroller of the Currency said in a notice yesterday. The provision was included in Dodd- Frank, the 2010 financial-regulation law, as a way to limit taxpayer support for risky derivatives trades…The so-called push-out provision of Dodd-Frank requires that equity, some commodity and non-cleared credit derivatives be moved — or pushed out — into separate affiliates without federal assistance.

“The procrastination of both regulators and the banks on this portion of Dodd-Frank has been pretty amazing,” said Marcus Stanley, policy director for Americans for Financial Reform. “The swaps-pushout provision is a really important part and something that absolutely should be a central part of the regulatory framework.” As economists Jane D’Arista and Gerald Epstein wrote, “the intent is to remove risky activities from the core banking functions that are essential to the economy and to ensure that those risky activities will not trigger the need for a bail out to prevent systemic collapse in the future as they did in the 2008 crisis.”

This is hardly the first rule from the Dodd-Frank financial reform law to get bogged down in delays. The Volcker Rule — also meant to rein in risky bank trading with dollars backed by the government — has been delayed, and House Republicans want to push back its implementation even further.

Health

Huge Breakthrough In HIV Research Brings Us Closer To A Vaccine

A team of Spanish researchers say they have made an important breakthrough in HIV research, developing a new vaccine against the virus that is significantly more effective than earlier attempts. Advancing vaccine research could eventually eliminate the need for the expensive methods currently used to treat HIV-positive individuals.

Researchers tested the vaccine on randomly selected HIV-positive individuals who were already taking highly active antiretroviral therapy (HAART) medications, the most scientifically advanced form of treatment currently available to combat the virus. They wanted to see if, rather than simply suppressing the effects of the virus with outside treatment, their vaccine could lead the human immune system to coordinate its own defense against HIV — and they succeeded, seeing some subjects’ HIV viral loads drop more than 90 percent after 12 weeks of the trial:

What we did was give instructions to the immune system so it could learn to destroy the virus, which it does not do naturally,” said Felipe Garcia, one of the scientists in the team at Barcelona University’s Hospital Clinic.

The therapeutic vaccine, a shot that treats an existing disease rather than preventing it, was safe and led to a dramatic drop in the amount of HIV virus detected in some patients, said the study, published Wednesday in Science Translation Medicine. [...]

The vaccine allowed patients temporarily to live without taking multiple medicines on a daily basis, which created hardship for patients, could have toxic side-effects over the long term and had a high financial price, the team said.

“This investigation opens the path to additional studies with the final goal of achieving a functional cure — the control of HIV replication for long periods or an entire life without anti-retroviral treatment,” the researchers said in a statement.

The researchers did find that the effectiveness of the vaccination declined after the first year, when patients had to return to their previous HAART treatment. Still, though, they noted this breakthrough is the culmination of seven years of research — and they will spend the next several years working to improve the vaccine even further.

Over the past year, the global community has made significant strides forward in its mission to eradicate the HIV/AIDS epidemic. This latest scientific progress builds upon previous research and policy advances that have contributed to better tests and treatments for HIV, better health care for HIV-positive individuals, and ever-increasing life expectancy rates for those living with the virus.

NEWS FLASH

Church Of England To Allow Gay Bishops | The Church of England has announced that it will allow gay clergy to be promoted to the rank of bishop, provided they maintain their celibacy. Jeffrey John divided the church when he was promoted in 2003 then forced to step down after protests. LGBT advocates point out that straight clergy do not have to prove their celibacy, whereas gay clergy cannot be trusted to honor the vow. Because the UK offers civil partnerships but not marriage for same-sex couples, this also raises the question of whether a bishop could have one of those partnerships, since they do not include the same assumptions of consummation as the Church’s definition of marriage.

Climate Progress

TIMELINE: Documenting Shell’s 2012 Arctic Drilling Debacle

by Kiley Kroh and Michael Conathan

This week’s grounding of Shell’s enormous Kulluk drilling rig near Kodiak Island, Alaska has not inspired confidence in its preparedness to drill for oil in the Arctic Ocean.

The rig was being towed from Dutch Harbor, Alaska to Seattle when its tow vessel lost control of the massive platform during a harsh winter storm. After numerous attempts to secure the equipment failed, it settled near the shore of uninhabited Sitkalidak Island in the western Gulf of Alaska on Monday night and remains there – with nearly 150,000 gallons of fuel and other fluids on board. The Coast Guard is coordinating a 500-plus person response to assess the damage, but neither they nor Shell has any idea when or how they will regain control of the foundering giant.

Adding insult to injury, on Thursday, the Alaska Dispatch reported that the reason Shell was working so feverishly to move the rig in such harsh conditions was to avoid paying millions of dollars in state taxes it would have owed if the rig was still in Alaska waters on January 1.

Far from an isolated incident, the latest fiasco is just the most recent in a litany of technical failures and struggles with Mother Nature that continue to accentuate Shell’s lack of preparedness to operate in the region. As Christopher Helman writes in Forbes, “It would be a comedy of errors, if the stakes weren’t so high.”

Each of these mishaps, warnings and troubling revelations would individually be reason for pause. Taken together, they offer overwhelming evidence that the oil and gas industry is not prepared for the enormous challenge and incalculable risk of offshore drilling in the remote and volatile Arctic Ocean. Exploiting Arctic offshore reserves is not an imperative and, in fact, is an absurd response to the devastating effects of climate change that are enabling offshore drilling in the first place. Despite investing more than $5 billion into an Arctic venture that includes top-notch crews and state-of-the-art equipment, Shell has stumbled every step of the way.

Here is a look back at some of the major mishaps Shell incurred and warnings they received during 2012:

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Security

POLL: Israelis Support Palestinian State But Split On Settlements

(Photo: Haaretz)

A new poll by an Israeli newspaper has found that the majority of those surveyed support the creation of a Palestinian state but remain unconvinced that one is likely to come into existence.

Conducted by Israel Hayom, the poll asked 800 Israeli citizens whether they “support or oppose the idea of two states for two peoples, i.e. the creation of a Palestinian state independent from Israel.” Fifty-four percent of respondents were in favor of a Palestinian state, with only 38 percent opposed. The result in favor is down slightly from a survey published in December by Smith Research, which found that 62 percent of Israelis supported a two-state solution at the time.

Likewise, the new poll shows both concerns about the likelihood of a Palestinian state ever coming about and ambivalence towards the ever-expanding Jewish settlements in the West Bank. In the case of the former, 54 percent of those polled believe that a peace deal with the Palestinians is impossible. Support for settlements were almost exactly split in half, with 43 percent opposed and 43 percent in favor.

The split in the poll results may reflect the changing tone of Israeli politics. With a general election for the Knesset scheduled to take place in just a few weeks, Prime Minister Benjamin Netanyahu’s Likud Beitenu party remains set to take the plurality of seats in the new session. Right-wing parties are also due to hold the majority of seats over center and left-wing groups like the Labor and Liberal parties.

However, due to the coalition-making that is an ingrained part of Israeli political culture, Netanyahu may find himself pushed even further to the right on the issue of the West Bank. According to pre-election polling, pro-settlement party Jewish Home alone is poised to increase their allotment of the 120 seats in the Knesset from 3 to 14. Netanyahu’s Cabinet has already signed off on several controversial expansions of West Bank settlements, including the E1 section of the territory that may make a contiguous territory within the West Bank impossible for Palestine.

Furthering that trend would position Netanyahu and his future Cabinet for further scorn and condemnation from his allies around the world. The settlements also remain illegal in the eyes of international law and an obstacle in the path to a lasting peace deal, rendering the uncertainty of those surveyed valid.

Alyssa

How Jadeveon Clowney’s Smashing Hit Demonstrates Football’s ‘Existential Crisis’

At this point, you’ve probably seen the demolishing hit South Carolina defensive end Jadeveon Clowney, one of college football’s best players, laid on Michigan running back Vincent Smith in the Outback Bowl on New Year’s Day. Clowney, who would be a top five pick in the NFL Draft this year if only an arbitrary age limit didn’t force him to remain in college for another season, burst off the line and laid waste to Davis almost immediately, causing Davis to fumble and sending his helmet 10 yards backward in the process:

That hit, in short, is absolute football perfection, a combination of size, speed, strength, and total athletic dominance that, when brought together in one perfect moment, leads to the type of play that leaves fans, coaches, teammates, opponents, and announcers alike stunned beyond comprehension. It was clean, it was smart, it was beautiful. The two seconds between the snap of the ball and Clowney’s devastation were football at its absolute purest, as Dave Kindred pointed out at Sports On Earth:

I have no use for football’s jack-‘em-up fetish. I loathe the mentality that cheers a blindside block on a helpless defender whose eyes are locked on a kick returner. I have seen cheap shots and I have seen Darryl Stingley in a wheelchair. But what Jadeveon Clowney did to Vincent Smith was none of that. The old Michigan State coach, Duffy Daugherty, once said, “Football’s not a contact sport, it’s a collision sport.” By that definition, Clowney’s tackle was as pure a demonstration of the game’s truest nature as we’re likely to see.

The very fact that the hit was a “pure demonstration” football’s “truest nature,” though, illustrates exactly what is so scary about the future of football: we’ve spent the last year focused on the threat concussions pose to the future of the game, but the real threat may be the game itself, the risk routine hits even less powerful than Clowney’s pose to the brains of the young men who step on the field each weekend. That, as Bloomberg’s Jonathan Mahler argued last month, “Football doesn’t have a concussion problem. It has an existential one.”

Clowney’s hit didn’t cause a concussion, and so it seems just a routine part of the game. But focusing on concussions as the major source of brain injuries in football, as Mahler argued, makes us think the problem can be fixed relatively easily. It makes it seem as if improving how we monitor concussions when they happen and eliminating head-to-head hits will reduce the amount of concussions and thus mitigate the risk of long-term brain trauma for the athletes who take the field. But recent research shows that it doesn’t necessarily take a career full of concussions to lead to the long-term cognitive problems many football players experience after retirement. Rather, chronic traumatic encepholopathy, dementia, depression, and other serious cognitive damage can result from the constant repetition of seemingly minor hits to the head — the kind that happen hundreds of times every game from the NFL level down to youth football.

“Calling the head-injury crisis a concussion crisis made it sound as if it stemmed from how the game is played, not from the game itself,” Mahler continued. It doesn’t take a concussion to damage the brain. It doesn’t even take a hit as devastating as Clowney’s. The routine plays, the beautiful plays, the most purely football plays — they all could be causing brain damage too. That’s a reality nobody wants to acknowledge, because if football’s problem is indeed existential, if the game doesn’t have a crisis but is the crisis, the future of football is in more peril than anyone thinks.

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