Tuesday, December 5, 2023

Press Relayed Israeli Claims of Secret Hospital Base With Insufficient Skepticism

A cover image of the New York Post (11/16/23) depicted a supposedly shocking find. The headline “Guns Behind the MRI Machine” accompanied a photo of what Israeli troops had allegedly uncovered: Hamas guns at Al Shifa Hospital in Gaza.

On the Post cover were fewer than a dozen AK-47s and matching magazines, as well as a few tactical vests. In its subhead, the Post called this “proof Hamas used hospital as  military base in stunning war crime.”

Many other media outlets reported Israel’s claims—and accompanying photos and videos the IDF offered as evidence—with little pushback other than Hamas’s denials and an acknowledgment that the outlet could not independently verify the claims. “IDF ‘Found Clear Evidence’ of Hamas Operation out of Al-Shifa Hospital, Says Spokesperson,” was an NBC News headline (11/15/23); Fox News (11/15/23) had “Watch: Israel Finds Weapons, Military Equipment Used by Hamas in Key Gaza Hospital After Raid, IDF Says.”

Israel’s assault on Al Shifa hospital provoked widespread international outrage, so a great deal hinged on its claim that the hospital was being used as a military base. But there are many reasons to question this display of weaponry, questions that imply that not only did the Israeli military make a weak case, but that some media outlets and pundits were too quick to take this presentation at face value.

The laws of war

Israeli Defense Force animation depicting what they claimed was underneath the Al-Shifa hospital.

Israeli computer animation (YouTube10/27/23) depicting what was claimed to be “the main headquarters for Hamas’ terrorist activity” beneath Al Shifa Hospital.

While civilian infrastructure, and in particular medical infrastructure, are protected under the laws of war, the Israeli government claimed that the hospital’s protection was nullified because Hamas was using it as a military base, using the medical staff and patients as human shields.

The IDF released a 3D animation (YouTube10/27/23) depicting Al Shifa as “the main headquarters for Hamas’ terrorist activity,” with a warren of underground chambers hiding crates of weapons, missiles, barrels and meeting rooms bedecked with Islamic flags.

The US government supported this line of thinking (ABC News11/16/23). The Wall Street Journal editorial board (11/14/23) spelled out the argument:

The law of war in this case is clear: Under the Fourth Geneva Convention, Hamas’s use of Al Shifa for military purposes vitiates the protected status granted to hospitals. Israel is still required to give warning and use means proportionate to the anticipated military advantage, and it has.

But the law of war is not, in fact, clear in the way the Journal claims. “Even if there is a military facility operating under the hospital, this does not allow Israel to bomb the site,” the Israeli human rights group B’Tselem (11/7/23) said in a statement before the hospital raid.

Even if a hospital were used for “acts harmful to the enemy,” that does not give that enemy “the right to bombard it for two days and completely destroy it,” Mathilde Philip-Gay, an expert in international humanitarian law at France’s Lyon 3 University, told the Guardian (11/17/23).

“Even if the building loses its special protection, all the people inside retain theirs,” Rutgers Law School international law expert Adil Haque told the Washington Post (11/15/23). “Anything that the attacking force can do to allow the humanitarian functions of that hospital to continue, they’re obligated to do.” The director of the hospital, Mohammad Abu Salmiya, said that 179 patients died while the facility was surrounded by Israeli forces and had to be buried in a mass grave (Al Jazeera11/14/23). (Abu Salmiya was later arrested by Israeli forces along with other Palestinian medical personnel—Al Jazeera11/11/23.)

After the raid, viewing the evidence, Human Rights Watch was not at all persuaded. “Hospitals have special protections under international humanitarian law,” said Human Rights Watch UN director Louis Charbonneau (Reuters11/16/23):

Doctors, nurses, ambulances and other hospital staff must be permitted to do their work and patients must be protected. Hospitals only lose those protections if it can be shown that harmful acts have been carried out from the premises. The Israeli government hasn’t provided any evidence of that.

“The IDF says attacks are justified because Hamas fighters use the hospital as a military command center,” Amnesty International Australia (11/27/23) noted. “But so far, they’ve failed to produce any credible evidence to substantiate this claim.”

Shrugging off skepticism

Washington Post: Evidence confirms Israel’s al-Shifa claims, so critics move the goal posts

The Washington Post‘s Jennifer Rubin (11/20/23) dismissed demands that Israel produce evidence of the “command-and-control center” it said justified its assault on the Al Shifa hospital.

Washington Post columnist Jennifer Rubin (11/20/23) shrugged off skepticism of the evidence presented about the hospital, scorning critics who demanded proof that the hospital was a “command center”—which she dismissed as “a generic term without definition and without legal significance.” Rubin insisted: “It was used as a military facility. Period.”

AP (11/23/23), however, pointed out that it was the Israeli military, not the military’s critics, who had promised evidence that the hospital served as “an elaborate Hamas command-and-control center under the territory’s largest healthcare facility.” After the hospital’s capture, former Israeli Prime Minister Ehud Olmert told Euronews (11/17/23) that Al Shifa was not Hamas’s headquarters after all: “Khan Younis, which is in the southern part of Gaza Strip, is the real headquarters of Hamas,” he said.

Another Post columnist, Kathleen Parker (11/17/23), admitted that details of the military’s find were scarce and that perhaps media shouldn’t jump to conclusions, but then immediately said the photographic release “seems” to vindicate Israel:

As media teams try to understand what's hapening there, details are few, leaving much room for speculation and/or affirmation of one's preferred narrative. 

Even so, the video, which has been replayed by dozens of news outlets, seems to confirm what Israel has long claimed that Hamas uses innocent Palestinians as barricades by installing their headquarters and arsenals beneath schools, hospitals and other public institutions in a vast complex of subterranean tunnels.

About that supposed headquarters beneath the hospital: While Israel showed off images of a “tunnel” uunder the hospital, Newsweek (11/15/23) pointed out that it’s long been known that the facility had an extensive sub-basement—because it was built by Israel in 1983.

Catastrophe for hospitals

Middle East Eye: Israeli forces storm al-Shifa hospital where thousands seek refuge

Middle East Eye (11/15/23): “While Israel says its military has been conducting a ‘precise and targeted operation’ at Al Shifa, Palestinians at the hospital say civilians trying to flee have been fired upon.”

Israel’s assault on Gaza has generally been a catastrophe for Gaza hospitals (UN News11/13/23BBC11/13/23), and there has been considerable damage to Gaza hospitals in previous Israeli assaults (Guardian3/24/09Newsweek7/30/14Guardian5/16/21).

And the Israeli operation at the hospital was certainly stunning. The Middle East Eye (11/15/23) reported:

Troops broke through the northern walls of the complex, instead of entering via the main gate to the east, as around 2 am local time on Wednesday, according to local sources and health officials.  

They went building to building inside the large facility, removing doctors, patients and displaced people to the courtyards before interrogating them, Middle East Eye has learned. 

Some people were stripped naked, blindfolded and detained, according to doctors who spoke to Al Jazeera Arabic, one of the few international channels with access to sources within the hospital.

This isn’t to say media outlets shouldn’t scrutinize what Hamas fighters do in civilian areas, but there is a lack of skepticism in media—especially for television news and tabloids that depend on gripping photography—when it comes to Israel’s presentation of its findings in Gaza that lead to more murkiness.


Research assistance: Pai Liu, Keating Zelenke

Originally published on FAIR.org, December 1st, 2023. Reprinted with permission.     

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A First Amendment battle looms in Georgia, where the state is framing opposition to a police training complex as a criminal conspiracy

By Rachel McKaneBrandeis University and David PellowUniversity of California, Santa Barbara

When does lawful protest become criminal activity? That question is at issue in Atlanta, where 57 people have been indicted and arraigned on racketeering charges for actions related to their protest against a planned police and firefighter training center that critics call “Cop City.” 

Racketeering charges typically are reserved for people accused of conspiring toward a criminal goal, such as members of organized crime networks or financiers engaged in insider trading. Georgia Attorney General Christopher Carr is attempting to build an argument that seeking to stop construction of the police training facility – through actions that include organizing protests, occupying the construction site and vandalizing police cars and construction equipment – constitutes a “corrupt agreement” or shared criminal goal.

The indictment’s justification is rooted in long-standing anti-anarchist sentiments within the U.S. government. However, some civil rights organizations call this combination of charges unprecedented.

As scholars who study environmental change and social justice, we believe the charges seek to suppress typical acts of civil disobedience. They also target grassroots community organizing models and ideas rooted in the practice of mutual aid – people organizing collective networks in order to meet each other’s basic needs.

The RICO indictment against ‘Cop City’ protesters describes the accused protesters as ‘militant anarchists.’

The ‘Stop Cop City’ movement

“Cop City,” officially known as the Atlanta Public Safety Training Center, was first proposed in 2017. The facility is expected to cost US$90 million and is located on 85 acres of public land in the Weelaunee Forest, once home to the Indigenous Muscogee Creek peoples. The site is owned by the city of Atlanta but sits on unincorporated land in DeKalb County, just outside the city.

The opposition campaign has garnered support from activists and environmentalists who are concerned about militarization of police forces and potential threats to the Black community, as well as to climate resilience in Atlanta.

Members of Defend the Atlanta Forest, a decentralized movement of grassroots groups and individuals, argue that the threatened forest provides essential ecological services – filtering rainwater, preventing flooding, providing habitat for wildlife and cooling the city in a time of climate change.

Activists have led protest marches, written letters to elected officials and organized a referendum for the public to decide the future of the property. Some have camped out in the Welaunee Forest – a method that radical environmental defense groups like Earth First! have used to delay or prevent logging. In one instance, activists reportedly set construction equipment on fire.

Authorities have responded with force. In January 2023, police fatally shot activist Manuel “Tortuguita” Terán, who had been camping on the Cop City site for months. Authorities assert that Terán had shot and wounded a state trooper, while Terán’s family contends that they were protesting peacefully.

An independent autopsy concluded that Teran was shot 57 times while sitting with hands raised. A prosecutor opted not to file charges against state troopers involved in the shootout, calling their use of deadly force “objectively reasonable.”

Attorney General Carr indicted 61 activists on Sept. 5, 2023, under Georgia’s Racketeer Influenced and Corrupt Organizations Act, which is a broader version of the 1970 federal RICO law. Three defendants have been charged with money laundering for transferring money to protesters occupying the forest around the construction site, and five are charged with domestic terrorism and arson. Some of the accused face up to 20 years in prison.

Clashes between protesters and police have continued. Protesters organized a march for Nov. 13 and were met by heavily armed police officers in riot gear. When activists attempted to push past the officers, the police used tear gas and flash-bang grenades.

How does RICO apply?

Georgia’s 109-page indictment of “Cop City” protesters paints a broad – and, in our view, troubling – picture of the actions and beliefs that allegedly contributed to what it describes as a corrupt agreement.

The indictment cites the 2020 killing of George Floyd by Minneapolis Police as the event that sparked the “conspiracy.” It refers to the Atlanta-based movement as the Defend the Atlanta Forest “Enterprise” and describes participants as engaging with “anarchist” ideas and practices such as “collectivism, mutualism/mutual aid, and social solidarity.”

Protesters use these practices, the indictment asserts, to advance their goal of stopping construction of the training center. As evidence, it cites examples, including posting calls to action on online blogs, reimbursement for printed documents and transferring money to activists for materials such as camping gear, food, communications equipment and, in two instances, ammunition.

Threatening First Amendment rights

As we see it, these activists are being criminalized for their political beliefs and for engaging in activities protected by the First Amendment, such as exercising free speech. Throughout the indictment, the Georgia attorney general uses the term “anarchist,” we believe, as a synonym for “criminal.”

Such language echoes the Immigration Act of 1903, also known as the Anarchist Exclusion Act. This law targeted anarchists for exclusion from the U.S. solely based on their political beliefs. Section 2 of the law states that “anarchists, or persons who believe in or advocate the overthrow by force or violence of the government of the United States or of all governments or all forms of law, shall be excluded from admission into the United States.”

This wording reflects a widespread view of anarchy as a state of violent disorder. In fact, however, many anarchist thinkers actually proposed to organize society on the basis of voluntary cooperation, without political institutions or hierarchical government.

Another, broader view of anarchy is that it is an ideology and practice of organizing communities and society in ways that confront any and all forms of oppression, including oppression by government.

Why would such a philosophy be deemed threatening? Consider recent U.S. history.

The Black Panthers

In the late 1960s and early 1970s, the federal government sought to repress and criminalize the Black Panther Party for Self Defense as part of a covert and illegal counterintelligence program, known as COINTELPRO.

The Black Panther Party created extensive community survival and mutual aid programs for Black communities at a time of ongoing government neglect. Offerings included free access to medical and dental clinics, ambulance service and buses to visit friends and relatives in prison.

The Black Panther Party organized dozens of social programs to directly meet local needs in underserved areas like New York’s South Bronx.

The Black Panthers’ free breakfast for children program fed thousands of children across the country. In Chicago, local police destroyed food the night before the program was set to begin operations. A memo by an FBI special agent called the program an attempt to “create an image of civility” and “assume community control,” thus threatening the centralized authority of the U.S. government.

Federal agencies relied mainly on covert tactics to surveil, infiltrate and discredit the Black Panther Party. Like the Cop City protesters, the Black Panthers also engaged in direct confrontations with police.

However, we see the current use of RICO charges to address political activism and protest activities as a new tactic.

Future implications

In our research, we have explored how mutual aid groups establish networks of care and survival in the face of climate change. We expect mutual aid to become even more important for Black and Indigenous people of color as environmental disasters become more frequent.

From our perspective, efforts to stop Cop City demonstrate the interconnection between two critical issues: overpolicing of communities of color and climate change. We see Georgia’s RICO indictment as an attempt to repress social movement activity, using the state’s tools of legal interpretation and enforcement.

Criminalizing collectivism, mutual aid and social solidarity is particularly concerning for historically marginalized populations, who often rely on these tactics for survival.

Seeking to use the state’s political processes, organizers recently collected over 116,000 signatures supporting a ballot referendum that, if approved, would cancel the lease of the city-owned site for the training center.

However, Atlanta officials have refused to verify those signatures as they await a federal court ruling on whether the organizers missed a key deadline. Meanwhile, Atlanta is already clearing land for construction at the training site.The Conversation

Rachel McKane, Assistant Professor of Sociology, Brandeis University and David Pellow, Department Chair and Professor of Environmental Studies and Director, Global Environmental Justice Project, University of California, Santa Barbara

Originally published on December 1st in The Conversation.  



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Friday, December 1, 2023

High fees, long waits cast shadow over new criminal expungement laws

A clear record helps people seeking employment, housing and education.

More states are making it easier for residents to clear or seal their criminal records.

The effort has drawn bipartisan support, as lawmakers across the political spectrum say it will help people find jobs and housing, in turn boosting local economies and reducing reliance on social services.

“Folks that get out of jail or prison with criminal records, it’s like getting out with the handcuffs still on,” Keith Wallington, the director of advocacy with the Justice Policy Institute, a nonprofit criminal justice research and advocacy group, told Stateline.

Thursday, November 30, 2023

Pro-Israel lobby presses for US military support in war with Hamas

The American Israel Public Affairs Committee, one of the most influential pro-Israel lobbying groups in Washington, is urging U.S. lawmakers to bolster security assistance to Israel in the wake of Hamas’ deadly Oct. 7 attack.

Hamas militants killed 1,400 Israeli civilians and took 240 hostages during a surprise raid in southern Israel last month. More than 14,000 Palestinians, including an estimated 6,000 children, have been killed in the Israel-Hamas war, according to data compiled by the United Nations.

President Joe Biden made it clear at the time that his administration stands with Israel, urging Congress to “take urgent action to fund the national security requirements of our critical partners.”

Three weeks later, House Appropriations Committee Chair Kay Granger (R-Tex.) introduced the Israel Security Supplemental Appropriations Act, which would provide $14.3 billion in emergency funding for military assistance to Israel.

The bill passed the House, but Senate Democrats objected to a version of the bill that cut funding for the Internal Revenue Service, appropriated through the Inflation Reduction Act of 2022. Some Senate Democrats want to pass aid to Israel as part of the White House’s supplemental security request, which includes assistance to both Israel and Ukraine.

A November 2023 Marist poll published in collaboration with NPR and PBS NewsHour found that “more than six in ten Americans think Congress should authorize additional funding to support the wars in Ukraine and Israel,” while 14% said they supported passing military assistance for only Israel, and 12% believed the U.S. should only provide aid to Ukraine.

“We strongly support and urge quick adoption of legislation to fully fund President Biden’s proposed security assistance to Israel,” an AIPAC spokesperson told OpenSecrets. The spokesperson declined to comment on whether the organization supports passing an Israeli aid package without assistance to Ukraine.

Granger’s campaign committee received over $71,000 from AIPAC and its affiliates in 2023. Many other lawmakers advancing recent bills and resolutions in support of Israel received political contributions from AIPAC within the past year and during the 2022 election cycle, many of which were made in the form of earmarked individual donations to the committee.

In addition to pouring money into political contributions and advertising, AIPAC spent over $2.2 million on in-house federal lobbying efforts in the first three quarters of 2023 — about $260,000 more than the amount they spent by quarter three of 2022.

AIPAC’s most recent lobbying disclosure outlined its lobbying on issues including defense, budgeting and foreign affairs. AIPAC lobbied many bills, including several aimed to sanction Hamas and the Palestinian Islamic Jihad, the second-largest militant group in Gaza, as well as more generalized funding bills like the National Defense Authorization Act for 2024.

Oren Adaki, an assistant director of policy and government affairs at AIPAC, was Rep. Joe Wilson’s (R-S.C.) legislative director before leaving that position for AIPAC in Feb. 2021. Wilson chairs the House Subcommittee on the Middle East, North Africa and Central Asia. AIPAC contributed over $40,000 to Wilson’s campaign committee in 2023.

Another AIPAC’s assistant director of policy and government affairs, Zachary Moses, worked as a senior legislative assistant to Rep. David P. Joyce (R-Ohio). Joyce serves as a member of the House Subcommittees of Defense and Homeland Security Appropriations, and received a small contribution of nearly $8,000 from AIPAC affiliates in 2022.

In their press releases lauding the passage of the NDAA in the house, Joyce and Wilson both highlighted the $50 million increase of the initial $75 million funding request for joint research and development between the U.S. and Israel. The House version of the NDAA for 2024 also includes an allocation of $300 million for the U.S.-Israeli cooperative missile program.

In 2021, AIPAC established itself as the leading source of federal political contributions supporting pro-Israel candidates and causes with the creation of an associated political action committee.

A total of $13 million in political contributions were made to members of the 118th Congress through AIPAC PAC during the 2022 election cycle, as well as over $8 million in 2023 so far.

Sen. Bob Menendez (D-N.J.), who was recently indicted on charges of illegally acting as a foreign agent for Egypt, was the top recipient of AIPAC contributions in 2023, receiving over $1 million from the organization in the first three quarters of the year.

AIPAC also gave nearly $80,000 this year to Sen. Jacky Rosen (D-Nev.), who joined a bipartisan Senate delegation to Israel a couple of weeks after the Hamas attacks.

A few days before the trip, Rosen signed a letter from a group of senators urging the Biden administration to provide Israel Iron Dome missiles intended to intercept projectiles from Gaza. Two weeks later, Pentagon Press Secretary, Air Force Brig. Gen. Pat Ryder, confirmed that the United States would be sending two Iron Dome systems to Israel.

Other signees include Sens. Kristen Gillibrand (D-N.Y.), Kyrsten Sinema (I-Ariz.), Richard Blumenthal (D-Conn.), Mark Kelly (D-Ariz.) and Tammy Baldwin (D-Wisc.) — all of whom (besides Baldwin) received contributions from AIPAC since 2021.

A separate resolution declaring America’s solidarity with Israel was the first legislation passed under House Speaker Rep. Mike Johnson, (R-La.) whose biggest contributor during his 2022 midterm elections was AIPAC. 

House Foreign Affairs Committee Chair Rep. Michael McCaul (R-Tex.) introduced the resolution to reaffirm what he called “America’s unwavering support for the state of Israel.” McCaul received nearly $120,000 in political contributions from AIPAC this year.

This article originally appeared in OpenSecrets.org on November 30th, 2023.  

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Wednesday, November 22, 2023

Baltimore Becomes Latest US City to Officially Endorse Medicare for All

By Brett Wilkins

"Every Baltimore resident deserves healthcare whenever they need it," said one local pastor who backed the resolution. "It's time to join every other developed nation in making healthcare a guaranteed human right."

Baltimore on Monday became the latest of over 100 U.S. municipalities to officially endorse a national healthcare program, commonly called Medicare for All.  The passage of a Medicare for All resolution—introduced by Democratic Baltimore City Councilmembers Kristerfer Burnett and Odette Ramos—puts Maryland's largest city in a growing group of municipalities including Philadelphia, San Francisco, Seattle, Los Angeles, Atlanta, Denver, Austin, and Washington, D.C. that have endorsed federally funded universal healthcare programs.