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Just Hours Later, Cain Fully Disavows His Openness To Negotiating With Terrorists: ‘I misspoke’ | Herman Cain has fully walked back comments made just hours earlier that he would negotiate with terrorists and agree to release every prisoner in Guantanamo Bay in exchange for a single American prisoner. This afternoon on CNN, Cain said that he approved of an Israeli deal exchanging over a 1,000 Palestinian prisoners for one Israeli soldier, saying that as president, “I could see myself authorizing that kind of transfer.” Negotiating with terrorists flies in the face of years of American policy. During the GOP presidential debate a few hours later, Cain recanted, saying he would “not negotiate with terrorists.” By the time the debate ended, Cain futher walked back initial comment, saying he “misspoke.” Watch it:

Justice

Why Herman Cain’s Immigration Policy Is An Invitation To War And An Assault On The Constitution

In an interview last night with CNN’s John King, GOP pizza czar and presidential frontrunner Herman Cain offered an odd immigration policy proposal — simply turn immigration over to 50 different states:

Enforce the laws that we already have, the immigration laws—and here’s how I would enforce those laws, and here’s how I would deal with the illegals [sic] that are already here. Empower the states to do what the federal government is not doing. If you’ve got 50 states working on what to do with the illegals [sic] in their particular state, that’s the way I believe we ought to approach solving that problem.

Watch it:

Cain’s tenther proposal to simply turn over national immigration policy to 50 different governments is one more example of his “not ready for primetime” understanding of foreign policy and the Constitution. As the Supreme Court explained nearly 70 years ago in a case called Hines v. Davidowitz, allowing individual states to set their own immigration policy isn’t just misguided — it is downright dangerous because nations have gone to war over another nation’s treatment of their citizens:

One of the most important and delicate of all international relationships, recognized immemorially as a responsibility of government, has to do with the protection of the just rights of a country’s own nationals when those nationals are in another country. Experience has shown that international controversies of the gravest moment, sometimes even leading to war, may arise from real or imagined wrongs to another’s subjects inflicted, or permitted, by a government.

America does not allow Minnesota to negotiate most favored nation trade status with China. It does not allow Nebraska to unilaterally impose sanctions on Iran. It does not allow Florida to declare war on Lebanon. And it must not allow Alabama to decide its own immigration policy for the exact same reason. If an American government is going to imperil our foreign relations with another nation, that decision should come from a decision maker that has actually been elected to represent the entire nation. The people of New Jersey have no recourse against an Arizona governor who foolishly starts a war.

Moreover, Cain’s proposal is fundamentally at odds with our constitutional design. The framers understood that America must act as one nation on matters of foreign policy — both by not conducting war among the states and by speaking with a single voice to foreign powers. That’s why the Preamble says our Constitution is intended to “provide for the common defence,” and it is why the national government has the power “[t]o establish an uniform Rule of Naturalization.” Cain’s 50 state immigration plan isn’t just misguided, it is a fundamental assault on the idea that we are the United States of America.

Cain: If Al Qaeda Demanded It, I’d Consider Freeing Every Gitmo Prisoner For The Release Of An American Soldier

Israeli soldier Galid Shalit returned home today five years after Hamas fighters captured him during a military conflict with Israeli Defense Forces in 2006. In exchange, Israeli Prime Minister Benjamin Netanyahu agreed to release more than 1,000 Palestinians prisoners.

Today on CNN, host Wolf Blitzer asked now-GOP frontrunner Herman Cain — who’s not exactly a student of foreign policy — if he thought Netanyahu made the right choice. While Cain said he doesn’t know all the facts of the case, he said, “On the surface, you would say ‘one for hundreds, doesn’t make any sense.’” Blitzer then asked if he’d make a similar deal if he were president, and Cain said he would:

BLITZER: Could you imagine if you were president…and there were one American soldier who had been held for years and the demand was al Qaeda or some other terrorist group, “You got to free everyone at Guantanamo Bay” – several hundred prisoners at Guantanamo. Could you see yourself as president authorizing that kind of transfer?

CAIN: I could see myself authorizing that kind of transfer but what I would do is I would make sure that I got all of the information. I got all of the input, considered all of the options. And then, the president has to be the president and make a judgment call. I can make that call if I had to.

Watch the clip:

As Matt Yglesias noted, the Galid Shalit case is a uniquely Israeli one:

The contrast between Mahmoud Abbas getting nothing from Israel through international law and advocacy for two states, and Hamas getting a lopsided deal through kidnapping, violence, and unreasonable demands must be palpable.

But what Herman Cain is saying here is that he would negotiate with a terrorist organization. But not only that, he’d agree to release every prisoner at Guantanamo Bay — regardless of their danger to the national security of the United States — in exchange for the release of one American in captivity. Be on the look out for a sharp increase in al Qaeda kidnappings in a Cain administration.

Military Tech Developers Look To Sell Spy Products Domestically

Spy drones: Coming to a city near you?

The Daily Beast reports that, with cuts to the over-inflated defense budget imminent, firms that develop military technologies are looking to alternative markets. Because the products they develop are sensitive, they’ll likely be prohibited from making sales overseas. So they’re turning to domestic markets, looking to sell surveillance products like unmanned aerial “drone” vehicles — and presumably other goods, including some weapons — to everyone from local and state cops to the Department of Homeland Security:

Gulu Gambhir, the chief technology officer for the [Intelligence, Surveillance and Reconnaissance (ISR)] group of [Science Applications International Corporation (SAIC)], said he has seen this day coming. [...]

“A number of our influential products have dual-use capability to locations and missions adjacent to our primary overseas ISR mission. One such example is local law enforcement, emergency first responders and border protection.”

“All kinds of capabilities that were developed with an eye to foreign countries are being turned inward upon the American people,” said ACLU senior fellow Jay Stanley.

Indeed, local law enforcement agencies — and even national ones — have, at times, been less-than-responsible with their surveillance, particularly of American Muslims, raising the potential for further abuse with a greater technological reach.

At Wired’s Danger Room, Spencer Ackerman’s investigative reporting has revealed a deep-seeded anti-Muslim bias among training materials used by the Federal Bureau of Investigations. That bias has also sometimes manifested itself in local law enforcement. A recent groundbreaking investigation by the AP revealed that the New York Police Department’s (NYPD) surveillance was highly focused on Muslim Americans in the city, including one local cleric who was a counter-terror partner to local and national law enforcement.

Technologies are likely to aid these type of biased surveillance. Stanley, who authored a forthcoming report on the use of drones in American cities, told the Daily Beast that police need to exercise restraint “because the Supreme Court ruled that it was unconstitutional to use a thermal imaging technology to peer into someone’s home without a warrant.” But this didn’t stop the NYPD in 2004 from using infrared technology from recording a “couple on the terrace of a Second Avenue penthouse” as they had an “intimate moment.” The only reason the case came to light was because it surfaced in separate court proceedings.

Likewise, technologies developed for the military have come into much closer contact with Americans on U.S. soil. In 2004, during the Republican National Convention in New York, authorities deployed Long Range Acoustic Devices — or sound cannons — against demonstrators, but never fired them. That changed during the 2009 demonstrations against the G-20 Summit in Pittsburgh, when sound cannons were fired on protesters.

And these are just a few of the ways that military technologies can, as the ACLU’s Stanley put it, be “turned inward upon the American people.” It seems like a good space for some oversight: Lawmakers should be cautious about the implications of transferring war-making technologies over to domestic forces for use against Americans. Keeping the profit margins high for these organs of the military industrial complex — at a time when everyone is suffering from belt-tightening — is no excuse to risk encroaching on the rights of ordinary Americans.

Media

GOP Sen. Inhofe Calls Out Limbaugh On Senate Floor For Backing Brutal African Guerrilla Group

In the wake of President Obama’s decision to send a small contingent of troops to help Uganda fight the marauding Lord’s Resistance Army (LRA) guerrillas, conservative radio host Rush Limbaugh embraced the brutal group as valiant Christian warriors “fighting the Muslims in Sudan.”

In reality, as human rights groups have long documented, the LRA is a murderous “death cult,” best known for descending on villages, “capturing, killing, and abducting hundreds of civilians,” and forcing boys to become child soldiers and girls to become “bush wives.”

Many journalists and human rights advocates — along with an LRA survivorhave responded to Limbaugh, but yesterday he received a rebuke from the Senate floor from someone who called the controversial radio host “my good friend Rush Limbaugh.”

Using Limbaugh’s and his cohorts name, Sen. Jim Inhofe (R-OK), said, “some people have mistakenly said that [the LRA's leader] is a Christian, and I want to make sure everyone knows that he was officially disavowed by the Catholic Church in Uganda.” He went on to detail their group’s atrocities.

It’s unusual for any senator to call out an ideological ally by name from the Senate floor, but even more so considering that Inhofe has in the past looked past egregious human rights violations to lend support for Christian leaders. In April, Inhofe defended former Ivory Coast dictator Laurent Gbagbo after other African and international leaders condemned him for taking up arms to retain power after losing the election to a Muslim rival. But the LRA is terrible enough for even Inhofe to reject.

Today, Limabugh responded to Inhofe on his radio show, admitting he was “misinformed” about the LRA. But Limbaugh seemed more bemused about having his name “entered into the Congressional record” than apologetic, giving a hearty laugh about it before quickly moving on to another topic.

Ron Paul Slams Those ‘Itching’ For War With Iran As ‘Careless’

The charges against two people in an alleged Iranian plot to assassinate Saudi Arabia’s ambassador to the U.S. has given neoconservative think tanks — such as the America Enterprise Institute, the Foundation for Defense of Democracies, and the Heritage Foundation — yet another reason to promote military action against Iran. Weekly Standard editor Bill Kristol even went so far as to gloat that “we have an engraved invitation” for war against Iran.

But not everyone is buying into the neoconservative push for yet another U.S. military operation in the Middle East. Rep. Presidential contender Ron Paul (R-TX) pushed back against the calls for war in an interview with CNN’s Wolf Blitzer yesterday:

BLITZER: But why do you think — because various Republicans and Democrats, Mike Rogers, the chairman of the House Intelligence Committee — you know him — he believes that the evidence is strong [against the Iranians].

PAUL: I think it’s mostly war propaganda. They’ve been itching to go to war against Iran for a long, long time. This is exactly what they did leading up to the war in Iraq, and the danger was not there.

I don’t think the Iranians are that stupid. And yet, the people here right now are getting pretty excited about it.

[...]

People are suggesting we go to war over this. That is such a careless attitude.

Watch it:

Indeed, the drive for war has come from some of the same voices who had pushed for the overthrow of Saddam Hussein since the 1990s. And, much as in Iraq, inconvenient intelligence reports are overlooked by these hawks.

Today, the Washington Post’s Joby Warrick revealed that while Iran continues to stockpile enriched uranium, the nuclear program is “riddled with problems” as a combination of old equipment and inferior replacement machinery have resulted in a steady decline in enriched uranium output.

Warrick also reports that U.S. intelligence officials believe Iran is seeking the technical capability to produce a nuclear weapon but that there is little indication that the clerical leadership has firmly committed to making a bomb.

While much remains to be explained about both Iranian nuclear intentions and the alleged assassination plot against the Saudi ambassador, neoconservatives and their allies are using the latest diplomatic crisis with Tehran as yet another justification for preemptive military action.

Justice

Supreme Court To Hear The Mother of All Corporate Immunity Cases

The Roberts Court is rightly mocked for its seemingly single-minded willingness to immunize corporations from the laws intended to protect ordinary Americans, but the question presented in a corporate immunity case the justices just agreed to hear is so stark that a decision granting such immunity would verge on self-parody. Or, at least, it would if the consequences of such a decision wouldn’t be so tragic and far-reaching.

Indeed, as Judge Pierre Leval explains, if the Supreme Court upholds a Second Circuit decision holding that corporations have total immunity from a law holding the most atrocious human rights violators accountable to international norms, it would enable corporations to profit freely from some of the greatest acts of evil imaginable:

According to the rule my colleagues have created, one who earns profits by commercial exploitation of abuse of fundamental human rights can successfully shield those profits from victims’ claims for compensation simply by taking the precaution of conducting the heinous operation in the corporate form. Without any support in either the precedents or the scholarship of international law, the majority take the position that corporations, and other juridical entities, are not subject to international law, and for that reason such violators of fundamental human rights are free to retain any profits so earned without liability to their victims. [...]

The new rule offers to unscrupulous businesses advantages of incorporation never before dreamed of. So long as they incorporate (or act in the form of a trust), businesses will now be free to trade in or exploit slaves, employ mercenary armies to do dirty work for despots, perform genocides or operate torture prisons for a despot’s political opponents, or engage in piracy – all without civil liability to victims. By adopting the corporate form, such an enterprise could have hired itself out to operate Nazi extermination camps or the torture chambers of Argentina’s dirty war, immune from civil liability to its victims. By protecting profits earned through abuse of fundamental human rights protected by international law, the rule my colleagues have created operates in opposition to the objective of international law to protect those rights.

The centerpiece of this case, Kiobel v. Royal Dutch Petroleum, is a U.S. law known as the Alien Tort Statute which allows private parties to be sued for the very worst violations of international law. Nothing in this law distinguishes between violations by actual persons and violations by corporations — and indeed a footnote in a 2004 Supreme Court opinion strongly suggests that the opposite is true. Nor is there any international legal consensus granting lawsuit immunity to corporations. Rather, the Second Circuit’s majority seems to have invented a new corporate immunity doctrine out of whole cloth.

Moreover, lest there be any doubt, Judge Leval’s warning of the consequences of their decision is not hypothetical. Earlier this year, the DC Circuit parted ways with Leval’s colleagues — holding that corporations are not free to commit mass atrocities. Had the court gone the other way, it would have completed immunized Exxon from allegations that their agents committed shocking human rights violations while in Exxon’s employ:

In addition to extrajudicial killings of some of the plaintiffs-appellants’ husbands as part of a “systematic campaign of extermination of the people of Aceh by [d]efendants’ [Indonesian] security forces,” the plaintiffs-appellants were “beaten, burned, shocked with cattle prods, kicked and subjected to other forms of brutality and cruelty” amounting to torture, as well as forcibly removed and detained for lengthy periods of time.

Now that the Supreme Court has agreed to consider this issue, Exxon gets another bite at the apple. If the Roberts Court rules their way, Exxon may be the first corporation to celebrate the birth of Leval’s nightmare scenario.

NEWS FLASH

U.S. Finalizes Arms Deal With Bahrain | Last month, human rights groups urged members of Congress to block the Defense Department’s $53 million arms deal to Bahrain because of the gulf nation’s human rights violations during its crackdown on pro-democracy protesters earlier this year. Five senators even wrote to Secretary of State Hillary Clinton asking to delay the deal because of human rights concerns. But a State Department official said today that the U.S. has finalized the deal with Bahrain, claiming that “Congress has expressed no opposition to this sale.”

National Security Brief: October 18, 2011


– In an editorial today, the New York Times rips the GOP presidential candidates on foreign policy for offering “largely bad analysis and worse solutions, nothing that suggests real understanding or new ideas.” “[W]e were concerned that the candidates for the Republican presidential nomination were not saying much about national security,” the Times writes, “Now that a few have started, maybe they were better off before.”

– After reports last week that the U.S. had abandoned plans to keep troops in Iraq and push back from the administration that negotiations were ongoing, Secretary of Defense Leon Panetta yesterday said he remained hopeful that a deal could be struck to keep U.S. trainers in Iraq beyond the end of this year.

– Iran’s nuclear program has undergone a series of setbacks since the Stuxnet cyberattack last year according to reports from Western diplomats and nuclear experts.

– The second-ranked U.S. diplomat in Uganda told reporters that most of the 100 U.S. troops sent there to support the battle against the Lord’s Resistance Army (LRA) will not have a combat role and remain in Uganda, not venturing into South Sudan, the Central African Republic and Congo, where the LRA is based and mostly operates.

– U.N. Secretary General Ban Ki-Moon said Syria’s leaders must stop “continuing to kill their own people” and said the regime must reform “before it is too late.”

– The Turkish foreign minister met members of the Syrian National Council on Monday, Turkey’s first formal contact with the opposition group.

– U.S. and Italian defense chiefs say they examined options for ending the air campaign over Libya but alliance commanders are reportedly pushing for a continuation of bombing raids as Moammar Qaddafi’s remaining loyalists continue to put up resistance in Sirte.

– Secretary of State Hillary Clinton visited Libya with promises of millions of dollars in new aid to help treat soldiers wounded in the country’s recent civil war and secure the stockpiles of weapons, amassed by the fallen Qaddafi regime, that have become a major international concern.

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