Thursday, October 31, 2024

Israel, Lebanon may be nearing potential agreements to end Hezbollah war - analysis - Seth J. Frantzman

 

by Seth J. Frantzman

Leaked Lebanon deal draft emerges as Gaza talks advance, but experts warn against repeat of past failures.

 

HOISTING A photo of Hezbollah Secretary-General Hassan Nasrallah at a rally in Bekaa Valley, Lebanon. (photo credit: Francesca Volpi/Getty Images)
HOISTING A photo of Hezbollah Secretary-General Hassan Nasrallah at a rally in Bekaa Valley, Lebanon.
(photo credit: Francesca Volpi/Getty Images)

A leaked draft of a potential ceasefire between Israel and Lebanon was broadcast by Israel’s Kan on Wednesday. The draft is an “announcement of a cessation of hostilities and related commitments” that could happen between Lebanon and Israel.

At the same time, there is talk of a potential ceasefire in Gaza. This is one of the first times since the war began that there has appeared to be movement on two fronts. This presents Israel with a unique opportunity. However, it also has potential pitfalls. A year of war has been difficult for Israel.

Israel’s enemies have suffered serious losses. It’s possible that a deal with Lebanon could also lead to a ceasefire in Gaza. However, the terrorist groups will still look to recover in the wake of any deal.

 The deal with Lebanon would appear to mean the Lebanese Armed Forces would deploy to southern Lebanon and that Israel would withdraw from Lebanon. The agreement is not with Hezbollah but with Lebanon, and thus, it asks Lebanon to do what it has refused to do since 2006.

The agreement references Lebanon confiscating weapons from “armed groups.” This is the Orwellian term employed to hide the word “Hezbollah.” Hezbollah had 150,000 rockets before the war began and has stockpiled more arms than many small countries over the last decades. Yet the wording “armed groups” is always used in these documents so that a country such as Lebanon doesn’t actually have to fulfill the agreement.

 Lebanon's Hezbollah new leader Sheikh Naim Qassem delivers a speech from an unknown location, October 30, 2024 in this still image from video. (credit: REUTERS TV/Al Manar TV)Enlrage image
Lebanon's Hezbollah new leader Sheikh Naim Qassem delivers a speech from an unknown location, October 30, 2024 in this still image from video. (credit: REUTERS TV/Al Manar TV)

One of the pitfalls of the agreement is that it doesn’t spell out how exactly Lebanon will behave differently than it did after 2006. The Lebanese armed forces have never been willing to confront Hezbollah. Using terms like “armed groups” means that the Lebanese army can claim they didn’t see any “armed groups” because they view Hezbollah as the “resistance.”

 Nevertheless, there is hope that Hezbollah will be willing to withdraw from the border. The group has suffered blows since the Israeli Northern Arrows operation began on September 23. The group has lost some part of its arsenal. Israel’s Defense Minister has said it may have lost up to 80 percent of its rockets. This would leave it with some 30,000 rockets, still a significant arsenal. It also has its precision attack drones.

Hezbollah may have lost 1,000 to 2,000 fighters in the war. It is never clear if the estimates are verifiable. It has also lost many bunkers and storage facilities near the border. This deprives it of some of its anti-tank missiles and firing positions.

 Along with the reports of the potential ceasefire, there is hope that Lebanon’s Prime Minister Najib Mikati is enthusiastic about a deal. There is no doubt the US administration wants a win before leaving office. Regardless of who wins the US election, the Biden administration is now wrapping up its legacy.

Sending envoys such as Amos Hochstein or Brett McGurk to the region this week is a sign the White House takes this seriously. However, one might wonder how Hochstein could achieve a deal when he pushed for the maritime deal in 2022 with Lebanon that led directly to Hezbollah escalation. These kinds of deals with Lebanon have not had the desired results in the past.

There are other elements at play. Hezbollah has a new leader named Naim Qassem. He has been a second in command for Hezbollah for decades and, therefore, is familiar with the group’s workings and losses. He may want to shape his legacy and also save his own head by agreeing to a ceasefire. His successors have both been killed, including Hezbollah’s long-time leader Hassan Nasrallah.

The Iranian Tasnim New

A report at Iranian Tasnim News says that various Palestinian factions are also weighing a potential ceasefire. However, the main message from these groups, such as the PFLP and Palestinian Islamic Jihad, is that a ceasefire must meet their needs. They don’t say exactly what these “conditions” are, but they imply that they will want to feel they have come out of a year of war with some kind of claim of victory. What they mean is they think having survived the war is enough. PIJ and PFLP haven’t suffered as serious blows as Hamas. Reports say that around 17,000 or more terrorists have been eliminated in Gaza. Thousands remain.

When Hamas began the war, Iran prodded Hezbollah to join the war. Qassem, the new head of Hezbollah, told NBC News in November 2023 that "Hezbollah participates [in the war] for the sake of lowering the pressure on Gaza.” Now, Gaza has been largely ruined in the war, and Hezbollah has suffered blows. If both Hezbollah and Hamas assume they can achieve a ceasefire, then this might remove the conditions that brought Hezbollah into the war in the first place.

Iranian state media is also reporting on the potential ceasefire. IRNA noted that “Lebanon’s Prime Minister Najib Mikati has expressed hope that a ceasefire will be established in his country in the next few hours.” Lebanon claims it is ready to implement UN Security Council Resolution 1701. However,  that resolution has existed since 2006, and Lebanon has never implemented it. Instead, Lebanon let Hezbollah grow from a group that had 13,000 rockets to 150,000 rockets. Hezbollah has exponentially expanded since 2006. It’s possible that Lebanon “wants” 1701 to return because, under 1701, it built Hezbollah into a massive war machine, threatened Israel, and caused a massive war.

 It is important that Lebanon is paying some lip service to a ceasefire via Iranian media. This shows that Iran may also favor a ceasefire. The question is whether Iran thinks it has benefited from this year-long war. Has Iran preserved Hezbollah and Hamas so that it can help them recover in the wake of the war?

Lebanon’s Prime Minister says "a ceasefire must be established with American guarantees.” Lebanon’s Parliament Speaker Nabih Berri has also said there will be no change in the UN Security Council Resolution 1701 and that it must be implemented word for word. This would seem to imply a possible return to 2007 and a return of Hezbollah to the border with UNIFIL and the Lebanese Armed Forces only pretending to implement the resolution. The reason it implies a return to 2007 is that Israel has wanted an improved version of 1701 that gives Israel more freedom of action to stop Hezbollah from re-arming.

 While it’s possible a two-front war could be ended by agreements, there are many questions about implementation and also about how Iran or the groups it backs will respond. Hezbollah and Hamas likely want a break from the fighting to regroup. However, if they regroup as they have in the past, then it’s not clear how this year of war will have long-term strategic shifts that differ from the outcome of the 2006 war in Lebanon or the 2009 or 2014 war in Gaza. 


Seth J. Frantzman

Source: https://www.jpost.com/israel-news/article-826926

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Hezbollah reportedly agrees to withdraw beyond Litani River, Lebanese reports claim - Ana Bersky

 

by Ana Bersky

Hezbollah agrees to withdraw beyond Litani River as US pushes for pre-election deal, but Israeli officials remain skeptical

 

A Hezbollah patch is seen as the Lebanese flag flutters over the Litani River (illustrative) (photo credit: REUTERS/MOHAMED AZAKIR, SHUTTERSTOCK)
A Hezbollah patch is seen as the Lebanese flag flutters over the Litani River (illustrative)
(photo credit: REUTERS/MOHAMED AZAKIR, SHUTTERSTOCK)

Despite Hezbollah’s declarations throughout the war, the terrorist organization has agreed to drop its demands and is ready to withdraw beyond the Litani River, Lebanon's MTV website, which is associated with Hezbollah opponents, reported Wednesday night.

The report indicated that Hezbollah agreed to establish a demilitarized zone, with all its weapons to be moved beyond the river. It was also claimed that Hezbollah no longer insists on being directly connected to events in Gaza

MTV Lebanon noted that a three-day ceasefire draft is being discussed in Lebanon, and American officials are expected to present it to Israel in the coming days. It was also noted that Amos Hochstein, Biden's envoy to the region, told Lebanese Prime Minister Najib Mikati that he sensed a change in Netanyahu's position, which gave him hope regarding the contacts. 

Regarding this change, Hochstein said he would travel to Israel tomorrow.

 Hezbollah members marching with flags during ceremony. (credit: Wikimedia Commons)Enlrage image
Hezbollah members marching with flags during ceremony. (credit: Wikimedia Commons)

However, Lebanese Parliament Speaker Nabih Berri was quoted in Arab media saying, "It's out of the question to change the wording of UN Resolution 1701 even by one word. The ball is now in Netanyahu's court. I've completed all points related to the ceasefire, army deployment, and implementation of Resolution 1701. We're waiting for Hochstein's understandings with Netanyahu." 

PHOTO

Additionally, Lebanon's Prime Minister addressed the war that began with Hezbollah's terrorist organization firing over a year ago, saying, "We hope that within hours or days a ceasefire agreement will be reached." 

Senior Israeli sources told Maariv on Wednesday that the American administration is very active in both directions: in efforts to advance negotiations for a hostage deal and ceasefire in Gaza, and also in attempting to bring about a ceasefire arrangement in the north. 

This, according to the sources, stems from the desire to achieve significant progress before the US elections on November 5. American sources told Maariv that the Israeli side has shown willingness and interest in moving forward with an agreement in the north. Still, it's doubtful that the work will be completed before the elections.

The proposed deal

According to reports, White House envoy Amos Hochstein is expected to arrive in Israel and Lebanon in the coming days, hoping to reach final agreements before the US elections. Under the reported agreement, northern residents would return to their homes, while most IDF forces would withdraw from Lebanon. 

On the other hand, government sources express skepticism. According to these sources, "Israel will not back down from any of the demands it set as conditions for reaching an arrangement. At this point, we don't identify Hezbollah's willingness to agree to the outline and conditions we presented, with all due respect to the American administration's investment and effort." 

As mentioned, Israel estimates that the northern arrangement won't be achieved by the US elections, and after the elections, the administration is expected to apply massive pressure on Israel, including measures at the UN and in weapons supply.

Avichai Stern, mayor of Kiryat Shmona, made a firm statement to city residents expressing his opposition to immediate return. 

"They won't buy us with money that will run out quickly," Stern said, "Don't return until we tell you to return and not a minute before." 

Moshe Davidovich, head of Mateh Asher Regional Council and chairman of the Confrontation Line forum, also responded to the diplomatic talks, saying, "I don't interfere with the IDF's military considerations, but at the political level – the real threat to our residents hasn't been removed! There's direct anti-tank missile fire on border communities, and it's still happening."

Following Monday's approval of the UNRWA ban laws, which passed with an overwhelming majority of coalition and opposition Knesset members, Israel estimates that the American administration won't be satisfied with criticism and condemnations against the action but is expected to implement ‘consequences.’ The assessment is that what's being considered in Washington is passing a binding resolution in the UN Security Council calling for an immediate ceasefire between Israel and Hezbollah.

French President Emmanuel Macron has been talking about the need and intention to raise such a resolution in the UN Security Council for some time. Israel has estimated that so far, the initiative hasn't been advanced at the request of the American administration, which isn't interested in sharp measures before the elections. 

According to an Israeli source, "The assessment is that we'll see the implications of approving the UNRWA laws after November 5. With no low probability, after the elections, the Americans will give the green light to advance the ceasefire in the north, including a binding Security Council resolution. Ahead of this move, President Biden's special envoy, Amos Hochstein, has again arrived in the region."

"What's being advanced and what will likely come up is what's called 'Resolution 1701+', giving Israel some freedom of action to prevent Hezbollah from rearming. There's an assessment that shortly after the elections, an effort will be made to impose a ceasefire in the north on Israel based on Resolution 1701+, with the next threat being a weapons embargo."


Ana Bersky

Source: https://www.jpost.com/israel-news/article-826921

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The Biased Media: What They Make It Their Business Not to See - Bassam Tawil

 

by Bassam Tawil

If Turkey has the right to respond to a terrorist attack by bombing dozens of targets belonging to Kurdish militants in Iraq and Syria, why is Israel being condemned for responding to the October 7 Hamas-led atrocities against its own citizens? Just because of the "two-state solution": Michigan and Minnesota?

 

  • "Turkey is bombing and massacring Kurds tonight. No protests, no marches, no media coverage, no condemnations from UN, no ICC arrest warrants for Erdogan. Since 1914 Turkey has killed over 1.5 million Kurds. Stop Kurdish genocide." — Hemdad Mehristani, researcher, X, October 23, 2024.

  • If Turkey has the right to respond to a terrorist attack by bombing dozens of targets belonging to Kurdish militants in Iraq and Syria, why is Israel being condemned for responding to the October 7 Hamas-led atrocities against its own citizens? Just because of the "two-state solution": Michigan and Minnesota?

  • Not only is Erdogan lying when he accuses Israel of "genocide," but he is also proving that he is a big hypocrite. If he is really worried about the safety of the Muslims in the Gaza Strip, why does he continue to support Hamas, while denying Israel the right to defend itself against Islamist terrorism? If he believes that he has the right to bomb Kurdish militants in Syria and Iraq, why is he denouncing Israel for taking the same action against Palestinian Islamist terrorists?

  • The complicit silence of the anti-Israel groups on US university campuses towards Turkey's crimes is simply evidence of a staggering racism and hypocrisy.

If Turkey has the right to respond to a terrorist attack by bombing dozens of targets belonging to Kurdish militants in Iraq and Syria, why is Israel being condemned for responding to the October 7 Hamas-led atrocities against its own citizens? Pictured: Smoke rises from an oil extraction facility in Hasakeh province, Syria, which was bombed by Turkey on October 25, 2024. (Photo by Delil Souleiman/AFP via Getty Images)

Earlier this month, Turkish President Recep Tayyip Erdogan accused Israel of committing "genocide" in the Gaza Strip in its counterterrorism operation against the Iran-backed Hamas terrorist group. Hamas had launched the October 7, 2023 attack on Israel, murdering 1,200 Israelis, wounding thousands, and kidnapping more than 240 hostages. Erdogan, whose country has been hosting and supporting some of the leaders of Hamas, threatened that Israel will "eventually pay the price for this genocide." He added: "There will be no peace in the world without accountability for the genocide in Gaza."

Erdogan is currently facing the same charges he has leveled against Israel. The only difference is that many in the world are silent when Turkey targets the Kurds in Syria and Iraq, but continue to protest against Israel for defending itself against Hamas murderers and rapists responsible for the worst massacre of Jews since the Holocaust.

On October 23, Turkey's Ministry of Defense announced that Turkish Air Force jets struck Kurdish militant targets in Iraq and Syria in response to an attack on a Turkish aerospace and defense company near Ankara. The Turkish authorities believe that Kurdish militants set off explosives and opened fire at the company, killing five people and injuring more than a dozen others.

Note what Turkish Defense Minister Yasar Guler said after the terrorist attack in Ankara: "We will pursue them [the Kurdish militants] until the last terrorist is eliminated." This statement sounds exactly like those made by Israeli officials immediately after the October 7 Hamas-led atrocities against Israel. Eliminating terrorists is good thing, but how come it does not apply to Israel?

If Turkey has the right to respond to a terrorist attack by bombing dozens of targets belonging to Kurdish militants in Iraq and Syria, why is Israel being condemned for responding to the October 7 Hamas-led atrocities against its own citizens? Just because of the "two-state solution": Michigan and Minnesota?

Over the years, the Turks have killed hundreds of thousands of Kurds. Yet, we have not seen a single encampment at a US university protesting Turkey's actions.

"In the past decades, the Fascist Turkish government has killed hundreds of thousands of Kurdish civilians in Turkey, Iraq and Syria," said prominent Kurdish journalist Suzan Quitaz.

"Nothing but silence from the United Nations and the hypocrite international community on Turkey's war crimes and genocide against the Kurdish people. Silence also from the so-called 'Peace loving' Woke & their Islamist Hamas supporters who been marching in support for Hamas terrorists in Europe and America calling for the inhalation of state of Israel. Guess, NO JEWS NO NEWS!"

Kurdish researcher Hemdad Mehristani commented on the Turkish military strikes against the Kurds:

"Turkey is bombing and massacring Kurds tonight. No protests, no marches, no media coverage, no condemnations from UN, no ICC arrest warrants for Erdogan. Since 1914 Turkey has killed over 1.5 million Kurds. Stop Kurdish genocide."

Diliman Abdulkader, a foreign policy expert and director of the Kurdistan Project for the Endowment for Middle East Truth, sarcastically remarked:

"We demand an immediate ceasefire and a Two-State Solution, the Kurds deserve to live in peace and should no longer have to deal with Turkish terrorism. Turkey must be held accountable!"

Abdulkader was referring to recurring calls by the Biden administration and other Western governments and leaders for an immediate ceasefire in the Gaza Strip and the creation of a Palestinian terror state next to Israel.

In another post on X (formerly Twitter), Abdulkader wrote:

"Earth to the far-left! Turkey is bombing the Kurds, where is your call for a two-state solution?? How about a ceasefire?? Where's our so-called Muslim 'brothers' and 'sisters'?? Muslim Turkey is killing Muslim Kurds, why the silence?? Y'all are holding mass demonstrations and occupying college campuses tomorrow against Turkey's genocide of the Kurds right?? Oh my bad, it's only fashionable to speak against Israel. No Jews No News."

Hawzhin Azeez, a Kurdish academic and poet, wrote:

"Turkey promotes itself as a defender of Palestinian rights but indiscriminately bombs Kurds across Syria and Iraq and the world is not only silent but sees Turkey as a hero."

A social media influencer called ShantiZulu wrote:

"Where are you when a @NATO Member, Turkey is commiting a real genocide against the Kurds? 30 million+ defenceless people being bombed by Turkey into non existence . Where are you? Why are you so quiet? Why do you not care when they are being massacred? Why are they not worthy of protection under the LAW? SHAME ON YOU"

There is an Islamic hadith (saying of the prophet Mohammed) that says:

"Asma bint Yazid narrated that the Messenger of Allah said: it is not lawful to lie except in three cases: Something the man tells his wife to please her, to lie during war, and to lie in order to bring peace between the people."

Erdogan, who is perpetrating crimes against his fellow Muslims in Syria and Iraq, appears to be acting in line with the same hadith. Not only is Erdogan lying when he accuses Israel of "genocide," but he is also proving that he is a big hypocrite. If he is really worried about the safety of the Muslims in the Gaza Strip, why does he continue to support Hamas, while denying Israel the right to defend itself against Islamist terrorism? If he believes that he has the right to bomb Kurdish militants in Syria and Iraq, why is he denouncing Israel for taking the same action against Palestinian Islamist terrorists?

The complicit silence of the anti-Israel groups on US university campuses towards Turkey's crimes is simply evidence of a staggering racism and hypocrisy.


Bassam Tawil is a Muslim Arab based in the Middle East. His work is made possible through the generous donation of a couple of donors who wished to remain anonymous. Gatestone is most grateful.

Source: https://www.gatestoneinstitute.org/21072/erdogan-turkey-kurds-hypocrisy

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The fight against ISIS continues in Syria, but faces hurdles - analysis - Seth J. Frantzman

 

by Seth J. Frantzman

The lack of a unified military and diplomatic view on Syria from US Central Command the US Embassy and other actors is a recipe for trouble.

 

A Coalition convoy of US led international coalition against the Islamic State of Iraq and the Levant (ISIL) stops to test fire their M2 machine guns and MK19 grenade launcher in the Middle Euphrates River Valley in the Deir ez-Zor province, Syria, November 22, 2018 (photo credit: COURTESY MATTHEW CRANE/US ARMY/HANDOUT VIA REUTERS)
A Coalition convoy of US led international coalition against the Islamic State of Iraq and the Levant (ISIL) stops to test fire their M2 machine guns and MK19 grenade launcher in the Middle Euphrates River Valley in the Deir ez-Zor province, Syria, November 22, 2018
(photo credit: COURTESY MATTHEW CRANE/US ARMY/HANDOUT VIA REUTERS)

US airstrikes eliminated an estimated 35 ISIS members, US Central Command said on October 30. The strikes took place during the evening of October 28.

This is a significant development. Usually, ISIS members gather in small numbers in Iraq and Syria. Eliminating 35 ISIS fighters illustrates that the fight against the terror group continues.

The strikes on ISIS come as America’s leading anti-ISIS partner in Syria, a group called the Syrian Democratic Forces, is being bombed by Turkey. Turkey, a member of NATO, has often targeted Kurdish groups in Syria who have helped defeat ISIS.

This is because Turkey accuses these Kurdish groups of being “terrorists” without any evidence that they engage in any “terrorist” acts. In general, every time there are alleged terror attacks in Turkey, the country lashes out by bombing Syria.

Complicated mission

This has made the anti-ISIS mission complicated. The SDF controls eastern Syria, and they are the ones who have kept ISIS defeated. However, there are many agendas at play in Syria. The US doesn’t want to get in the middle of Turkish attacks on the SDF.

Syrian Democratic Forces and U.S. troops are seen during a patrol near Turkish border in Hasakah, Syria November 4, 2018 (credit: REUTERS/RODI SAID)
Syrian Democratic Forces and U.S. troops are seen during a patrol near Turkish border in Hasakah, Syria November 4, 2018 (credit: REUTERS/RODI SAID)

Meanwhile, the Syrian regime opposes the US role in Syria, and Iranian-backed militias often target US forces in Syria. This means the US in Syria is fighting ISIS with one hand but also has to deal with several other bad actors on the other.

The October 28 strikes targeted a number of locations and also targeted numerous ISIS “senior leaders.” The US believes these strikes will disrupt the ability of ISIS to “plan, organize, conduct attacks against civilians, as well as [against] US allies and partners throughout the region and beyond.”

The strikes are an important development. However the success against ISIS requires the SDF as local partners. Ankara’s attacks, which are unpredictable and have happened numerous times in the last several years, undermine stability in eastern Syria and also harm civilians. This makes the anti-ISIS war harder.

In addition, it sheds light on the problematic US attempt to outsource many aspects of the anti-ISIS war to the SDF while not protecting the SDF from airstrikes. For instance, the SDF is expected to police ISIS detainees in camps such as al-Hol. These detainees continue to radicalize youth and pose a danger.

The US fight against ISIS and the partnership with the SDF tends to be seen as a military-only tactic. The work with the SDF and Kurds in general in Syria is often not recognized publicly by the US diplomatic statements. For instance, the US Embassy in Syria appears to ignore the role of the SDF.

In a recent statement about the anniversary of Raqqa, the US Embassy didn’t even mention the SDF on October 26. “7 years ago, local forces liberated Raqqa from ISIS with Coalition support. While diminished, terrorist groups remain a threat to Syria & the region. The U.S. and its partners remain committed to ensuring the enduring defeat of ISIS & preventing its resurgence.”

The “local forces” were the SDF, which lost thousands of fighters defeating ISIS alongside the US-led Coalition. Refusing to mention the SDF is clearly systematic. In another post by the US Embassy in Syria, the embassy noted that “the US works with local governance actors in NE Syria to improve access to healthcare through USAID’s Essential Services program, which has rehabilitated three hospitals (in Deir Ezzor, Hasakah & Raqqa), established four oxygen bottling facilities, and started a health center in Raqqa.”

The local governance actors are the local authorities of the Autonomous Administration of North and East Syria (AANES), which is linked to the SDF.

Why not mention the SDF or AANES in statements?

This is likely because of the desire not to “offend” Turkey. Turkey occupies part of northern Syria and has fought the SDF. Ankara also invaded Afrin in northern Syria in 2018 and ethnically cleansed it of Kurds.

The Kurdish activists in Afrin were part of the YPG, a force that is also linked to the SDF. Turkey accuses the YPG of being part of the PKK, which Turkey and the US view as terrorists. Turkey-backed Syrian rebels in Afrin against the YPG.

The US works with the Syrian opposition, which is often linked to Turkey and the rebels. The opposition also appears to systematically exclude most of the Kurdish minority of Syria. This seems to replicate the Syrian regime’s own long history of discriminating against Kurds.

The US says it wants to see “an inclusive, Syrian-led political solution” for Syria, but excluding the SDF, Kurds and many others is not “inclusive.”

Therefore, the US war against ISIS faces hurdles in Syria. The main hurdle is the lack of a combined military and political solution. Instead the US military works with one hand against ISIS and US diplomatic visions of Syria are usually separate or sometimes the opposite of the Pentagon’s view.

Fighting ISIS tactically with airstrikes and raids, while ignoring the larger political issues in Syria and ignoring the SDF or other groups that helped defeat ISIS likely is likely a recipe for policy failure in the future. 


Seth J. Frantzman

Source: https://www.jpost.com/international/article-826941

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Once Joyful Harris Now Goes the Full McCarthyite - Victor Davis Hanson

 

by Victor Davis Hanson

Harris is smearing Trump as a fascist, even though ironically, he has been the target of fascist machinations from her own party and supporters for nearly a decade.

 

 

In the last two weeks, Kamala Harris has been trying to revive her stagnant campaign by smearing Trump as being Hitlerian and a fascist. She claims Trump is planning to put his enemies in encampments.

Yet in the modern era, it was not Trump who put large numbers of U.S. residents and citizens into “relocation camps,” but liberal Democrat President Franklin D. Roosevelt who sent Japanese-American citizens and residents into them.

If Harris refers to Trump’s supposed fascist policies during his prior four-year tenure, there is no such evidence.

Nonetheless, the once “joyful” Harris is ending her campaign by trafficking in lies and smears reminiscent of the Joe McCarthy era.

Recall that fascists hijack law enforcement and the military to suspend constitutional rights and punish enemies. But Trump did neither.

Instead, in 2016, a corrupt FBI went after Trump himself during the Obama administration with the bogus Steele dossier.

The FBI, which in 2016 had hired the faker Steele, in 2020, fused with social media to suppress accurate news reporting of the embarrassing Hunter Biden laptop scandal.

A number of FBI directors and intelligence officials—John Brennan, James Clapper, James Comey, Andrew McCabe—who openly sought to destroy Trump had a long history of either lying or feigning amnesia under oath.

Fascists try to warp the legal system. But Trump’s own Justice Department selected an independent special counsel to investigate the invented Russian collusion accusations against him.

In vast contrast, the Biden Justice Department coordinated with Georgia prosecutors Fani Willis and Nathan Wade, special counsel Jack Smith, Manhattan prosecutor Alvin Bragg, and New York Attorney General Letitia James to prosecute Trump, bankrupt him, and keep off the campaign trail.

Fascists use their governments to destroy their enemies.

During Trump’s term, for the first time in history, the House of Representatives impeached a first-term president twice. And in another first, the Senate tried Trump as a private citizen.

A self-styled “anonymous” federal official bragged openly of deliberately, and likely unlawfully, leading a bureaucratic cabal to sabotage Trump’s lawful executive orders.

Lt. Col. Alexander Vindman, in collusion with other bureaucrats, deliberately leaked a classified presidential phone call in an effort to ensure that Trump was impeached.

Fascists seek to change existing laws to destroy opponents and illegally consolidate power.

Currently, it is only the Democrats who seek to pack the court, destroy the Electoral College, end the Senate filibuster, and create two new states and thus gain four left-wing senators.

In key states, they radically changed voting laws.

As a result, roughly 70 percent of voters in 2020 did not cast their ballots in person on Election Day—even as the traditional rejection rates for fraudulent ballots mysteriously dived amid the influx.

Fascists arbitrarily nullify any laws they feel do not aid their agendas. Biden-Harris destroyed immigration law in order to bring in more than 12 million illegal aliens and gain new constituencies.

They also protected sanctuary cities, as some 600 such jurisdictions illegally and with impunity nullified federal immigration laws in neo-Confederate fashion.

Fascists seek to politicize the military.

But in Trump’s case, his former chairman of the Joint Chiefs, General Mark Milley, brazenly violated the Uniform Code of Military Justice by libeling Trump as a fascist.

Worse still, Milley sabotaged the chain of command by ordering theater commanders to report directly to him in times of serious crises.

And in near-treasonous fashion, Milley contacted his Chinese communist counterpart in the People’s Liberation Army to assure him that he would warn the Chinese military before carrying out any Trump order he felt existentially dangerous.

Some of the most prominent retired four-star military officers—again in violation of the Uniform Code of Military Justice—publicly smeared Trump as a coward, liar, fascist, Hitler-like, a Mussolini, a creator of Auschwitz-like death camps, and worthy of being removed “the sooner the better.”

Fascists seek to control and weaponize the media. So, Facebook and Twitter both conspired with the FBI to censure news accounts favorable to Trump. The major newspapers, social media corporations, television networks, and public broadcasting systematically and continually attacked Trump, censured his supporters, and fused with his opponents.

Why then the charges of Trump the fascist and Hitler reincarnation?

Simple. Harris’s personal negatives are rising, her polls inert.

She has abandoned her prior run-out-the-clock avoidance of the media, her smiley “joy” campaign, and instead now embraces the big lie, while Joe Biden writes off Trump supporters as “garbage”.

Harris is now confirming to voters that she really can neither think nor speak well and has no consistent agenda that appeals to the middle class.

So, in final desperation, Harris is smearing Trump as a fascist, even though ironically, he has been the target of fascist machinations from her own party and supporters for nearly a decade.


Victor Davis Hanson

Source: https://amgreatness.com/2024/10/31/once-joyful-harris-now-goes-the-full-mccarthyite/

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Ten election irregularities that have occurred during early voting so far - Natalia Mittelstadt

 

by Natalia Mittelstadt

The election issues range from burning ballot boxes to fake voter registrations, with the close presidential race just six days away.

 

A variety of election irregularities – at least ten of them – have occurred across the country in the weeks leading up to Election Day, as some states have reported record-breaking turnout during early voting. The issues range from burning ballot boxes to fake voter registrations, with the close presidential race just six days away.

The RealClearPolitics polling average shows former President Donald Trump up nationwide by almost a half-point ahead of Vice President Kamala Harris.

Early voting turnout in Georgia and North Carolina has reached record-breaking numbers, with the former passing 3 million on Tuesday and the latter reaching nearly 3 million on Monday. In Illinois, early voting turnout is expected to either meet or exceed the 2020 presidential election’s numbers, as more than 1.4 million voters have cast their ballots as of Monday.

However, there have been numerous election irregularities already, many of which occurred in critical swing states.

Fraudulent voter registration schemes

Prosecutors in Lancaster County said Friday they had uncovered a large-scale scheme to submit fraudulent voter applications that were collected at shopping malls and other locations. Lancaster County District Attorney Heather Adams told a news conference that detectives have found about 60% of some 2,500 voter registrations submitted in recent days to the county's election office were fraudulent.

Adams added that she was aware of at least two other counties that may have similar concerns about recent voter registration applications dropped off in large batches.

Cambria County, Pa., rejected 21 voter registration applications earlier this month after the district attorney’s office investigated and found them to be fraudulent. The applications were submitted by a group after a voter registration event, but the name of the group was undisclosed.

Ballot drop boxes set on fire

Ballot drop boxes have been set on fire in at least three occasions in Portland, Ore., and across the state border in Vancouver, Wash., this month. Two fires occurred early Monday morning, the first in Portland, the second in Vancouver, and another occurred in Vancouver a couple of weeks earlier.

The FBI is investigating the fires, which are all connected. Three ballots were damaged in the Portland fire, while hundreds of ballots were destroyed in Vancouver. Law enforcement officials have identified a suspect vehicle that was seen leaving the ballot box in Portland. The vehicle has been described as a "black or dark-colored 2001-2004 Volvo S-60” that is missing a front plate, according to CNN.

Last week, roughly 20 mail-in ballots were damaged after a ballot drop box was set on fire in Phoenix, Ariz. Dieter Klofkorn, 35, told Phoenix police after he was arrested for a separate crime “that he committed the arson because he wanted to be arrested and that his actions were not politically motivated and not related to anything involving the upcoming election.”

Fraudulent ballots

At least a dozen fraudulent mail ballots were sent in and identified in Mesa County, Colorado, last week, three of which were counted and unable to be removed.

The Colorado secretary of state's office said they learned earlier in the week about the dozen or more ballots that were stolen before the intended voters received them.

All but three ballots were identified before being counted, according to CBS News. Four of the ballots passed the initial round in the signature verification process. Mesa County asked two of the voters to cure their ballots, which led to one of them alerting the county that they had not sent it in.

Voter suppression

The RNC sent a letter to Pennsylvania's secretary of the commonwealth on Monday about concerns that election officials were discouraging voters from casting ballots.

"Voters consistently report to us that at Boards of Election Offices across the Commonwealth, they are told that 'computers are down,' the site will be closing early, they are not accepting any more voters, and that mail ballots will not be counted," reads the letter, sent on behalf of the RNC and the Trump campaign.

Trump's campaign and the RNC won a lawsuit against Bucks County, Pa., on Wednesday to extend early voting by three days.

The lawsuit alleging voter suppression was filed on Tuesday.

The deadline to vote early in Pennsylvania was Oct. 29. There were long lines in Bucks County, according to local reports. 

While the Pennsylvania Department of State stated that everyone who was in line before 5 p.m. could receive a mail-in ballot, there were allegations that voters were turned away before that time.

Ballot harvesting

The South Carolina Republican Party alerted state officials last week of an alleged Democratic ballot harvesting operation in Marion County after finding multiple voters registered at a vacant address. "Ballot harvesting is the practice of permitting any individual to collect and return an unlimited number of mail or absentee ballots without a documented chain of custody or proper state oversight," according to the United States House of Representatives Committee on House Administration.

The state GOP announced that it had found a paid Democratic staffer and 15 other voters registered at an address that is currently vacant.  The party additionally discovered that at least five paid Democratic campaign workers have a different voter registration address than their reported address on a campaign financial disclosure.

Cyberattacks

The Georgia secretary of state's office earlier this month fended off a cyberattack against its website that allows voters to request absentee ballots. The cyberattack was likely sent from a foreign nation, according to the secretary's office, Fox News reported.

The office's cyber team was notified of a dramatic spike in attempts to access the state's absentee ballot portal on Oct. 14. The portal was slowed but not stopped.

D.C. mail-in ballot sent to Michigan

Hillsdale College Vice President and General Counsel Robert Norton received a mail ballot from Washington, D.C., last week that was addressed to a voter who does not live at his residence.

The mail ballot for the general election was addressed to an "Anne V. Palazzo" in Jonesville, Mich. However, Norton said that he is unaware of anyone with that name living at his address for at least 40 years.

Label printing problems

Early voting in Wisconsin was delayed last week due to label printing problems, causing voters to wait hours in line to vote in some cases. The labels with voters' names and addresses are usually printed immediately and must be affixed to the ballot envelopes. However, the labels took at least two minutes to print.

The delays began when early voting started on Tuesday last week and continued into Wednesday.

The Wisconsin Elections Commission (WEC) recommended clerks write the names and addresses by hand, which the clerks said would take longer and that printed labels are less difficult to read than handwriting.

While state election officials said the label printing delays appeared to be the result of an information technology problem that other government agencies are also facing, a spokeswoman for the governor's office disputed that other areas of state government were experiencing computer slowdowns.

Candidates’ political parties switched on ballots

Minnesota Republican state Rep. Peggy Bennett was incorrectly listed as a Democrat on the ballot in Faribault County during early voting due to a "ballot processing error" that was made by the Minnesota Secretary of State. 

It was discovered when early voting began in Minnesota last month. Bennett said the error had already cost her votes.

The Minnesota Secretary of State's office said the error affected 17 ballots and it was working on fixing the issue. Bennett’s opponent, Joe Staloch, was incorrectly listed as a Republican.

Missing race

Ballots for a precinct in Douglas, Ariz., which is located in Cochise County, were missing a Board of Supervisors’ race last week. A total of 118 active voters were affected, 78 of which had early ballots mailed.

The county said that corrected ballots were to be mailed to affected voters by the end of that week.


Natalia Mittelstadt

Source: https://justthenews.com/politics-policy/elections/10-election-irregularities-have-occurred-during-early-voting-so-far

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Detransitioners press SCOTUS to uphold state ban on youth trans medicine: 'infertile' for no reason - Greg Piper

 

by Greg Piper

"I feel like they saw I was a gender nonconforming and effeminate boy and that they thought they could mold me into something I wasn’t," one detransitioner says.

 

Weeks before the Supreme Court evaluates Tennessee's ban on puberty blockers, cross-sex hormones and surgical interventions for gender-confused youth, more than a dozen formerly transgender youth and the mother of a girl who killed herself after a gender transition are sharing their and their families' transition regrets and consequences in friend-of-the-court briefs.

Prominent detransitioners on the brief include Chloe Cole and Luka Hein, each suing providers who performed their transition; Maia Poet, who fled her parents in the U.S. to live as a man in Israel and escaped the Oct. 7, 2023, terrorist attack through a "last-minute change in plans"; and Abel Garcia, who led outreach to Spanish-speaking physicians on behalf of the gender-critical Alliance for Mental Health at the recent Academy of American Pediatrics conference.

AAP booted Cole, Garcia and other detransitioners from their conference booth and reject a "virtual pass" to the event held by Nikki Johnson, director of the Foundation Against Intolerance and Racism's medical project. 

FAIR reportedly ruffled feathers at its AAP booth last year with Cole and St. Louis pediatric gender clinic whistleblower Jamie Reed.

The signatories on the brief say they were recruited through "individual citizens coming together and using their network to organize and sign" and "living proof of how gender affirming care harmed them" and that other signatories are "risking their professional reputation" as physicians, psychologists, healthcare professionals and public officials to support them.

More than 80 outside briefs have engulfed the high court since it accepted the case in June.

The first batch was dominated by mainstream medical, legal and activist opponents of Tennessee's ban, known as SB 1, as well as Democratic states, transgender actor Elliot Page of "Juno" fame, former GOP lawmakers and staffers who called the law an attack on parental rights, and transgender clinical psychologist Erica Anderson, who also opposes social transitions without parental involvement.

The Society for Evidence-Based Gender Medicine filed in support of neither party amid the spree against Tennessee, warning the high court that minor transitions started only because "gender transition in adults failed to yield the intended positive outcomes" and distinguishing the American craze for youth medical transitions from the sharp European reversal.

"Every aspect of the practice – from the diagnosis, which is unable to differentiate those who may be helped by treatment from those who will be harmed, to the highly invasive interventions themselves, which cause certain harms, such as sterility, while producing only uncertain benefits – challenges the conventions of evidence-based medicine," SEGM said.

In the same vein, the lead researcher behind a federally funded 2015 study of children taking puberty blockers admitted to The New York Times last week that she didn't publish the results because they didn't show mental health improvements and "I do not want our work to be weaponized" by opponents of treatment.

Children's Hospital Los Angeles pediatrician Joanna Olson-Kennedy tried to explain the findings by claiming the 95 adolescents were "in really good shape when they come in," contradicting her own description of the group in 2020, which said a quarter were depressed or suicidal before joining the study.

This month, Tennessee's supporters came out in full force, including the U.S. Conference of Catholic Bishopslawmakers from 23 states with similar laws, the Florida House, a dozen GOP governors, gender-critical feminist Women's Liberation Front and Women's Declaration International, and nonprofits from 14 countries that help gender-confused kids and their families.

"The Larger Detransitioners Community Amicus Team" answered a Just the News query on the structure and composition of the brief, whose "primary author and organizer" is bioethics lawyer Diana Lufti but which was filed by New Mexico lawyer Terry Lee Fowler. Lufti called Fowler her "former academic mentor" who legally adopted her when she was a law student.

It's representing the entire appendix list "for the sole purpose" of the brief and some "directly contributed" by writing sections – Poet is credited as one of them – being interviewed or sharing narratives, or "financially supporting" it, and "at least six detransitioners/desisters are using their preferred names or pseudonyms," the unidentified person wrote in an email.

Detransitioner "Brendan D" said he begged his provider to remove his "Histrelin implant," which he believes played a role in his inability to orgasm "for at least seven months" after transitioning. The provider didn't tell him beforehand he faced a "high risk" the implant "could break apart in my body," then assigned a medical student to remove it, he said.

"I resent the fact I’m infertile over a completely avoidable medical treatment," Brendan wrote. "I feel like they saw I was a gender nonconforming and effeminate boy and that they thought they could mold me into something I wasn’t."

Seth Wolverton said he was "a teenage boy with no personal autonomy living in a small town in Pennsylvania where I was treated badly for being feminine, gay, and different."

Jade Martin described experiencing "persistent throat pain, continued chest atrophy, recurring ovarian cysts which resulted in emergency room visits, and the need to have her gallbladder removed as a complication of her detransition."

An unidentified detransitioner said he was "pressured by his psychiatrist to accept a gender identity, and it was the only means by which he was able to leave the psychiatric facility."

They were "informed that medically transitioning was their only option for treating gender dysphoria and were ushered into the process without safeguards because medical transitioning is the 'standard of care,'" yet they have no recourse "because the physiological changes were intended by the patient," the detransitioner-led brief says.

If the justices strike down SB 1 under the 14th Amendment equal protection clause as sought by the Biden administration and transgender adolescents represented by the ACLU, detransitioners' chances of prevailing against their providers in current and future litigation – something that none has yet achieved – "would diminish," they said.

The brief also includes Gays Against Groomers, Democrats for an Informed Approach to Gender – most of whose members go by pseudonyms because of "family situations and jobs" – and the University of California Berkeley Center for Emerging and Neglected Diseases Director Julia Schaletzky, a critic of "identity biographies" in research.

Its biggest name is Canadian psychologist Jordan Peterson, who first rose to prominence in 2016 for refusing to use preferred pronouns at the University of Toronto and lost a legal battle this year to keep his professional license without undergoing so-called remedial trainings for his public statements, which pose "moderate risks of harm to the public.”

First Liberty Institute's brief on behalf of Abigail Martinez shares the Salvadoran immigrant's "tragic story" of her late daughter Yaeli's public school and then California Department of Child and Family Services encouraging "Andrew" to transition, giving her cross-sex hormones but not mental health treatment and removing her but not her siblings from her mother's home.

Two months after the state cleared Martinez of abuse charges, Yaeli laid down in front of a train, "a death so gruesome that the funeral home was not able to show her body" to her mother, according to the brief. 

"This pain doesn’t have a beginning or an end," Martinez said.

The Biden administration makes a mockery of parental rights by claiming to defend them, the brief says. "The First Amendment enshrines the right to raise children according to the parent’s religious beliefs" and SB 1 protects those rights so the state can't punish non-affirming parents.

As did Martinez, Hein said her providers neglected "so many other severe things going on in my life" once she mentioned "the trans thing" and made it "the source of all my other issues."

"Some parents may want their child to trans-identify and may psychologically condition their child to be transgendered," the detransitioner-led brief says, citing a Fordham University dissertation from 2000 and an uncredited signatory who said "my mother told me I was meant to be a boy and how horrible it was to be female."

It noted Bay Area public media station KQED reported in 2018 that some transgender researchers believe children know as early as 3 years old whether they identify as the opposite sex.

Just the News aired a TV special this month with a Florida mom who spoke alongside Martinez at the Heritage Foundation in 2022, as parents whose children's schools socially transitioned them covertly and with the lead for a searchable database exposing $120 million in insurance claims for so-called gender affirming care on 14,000 children.

The only way to defeat gender ideology, which has "permeated into every aspect of our culture, including my field of psychology," is to "to fully inoculate children" by teaching them "to stand firm in the truth and that we do not lie to those that we love," January Littlejohn said. A ruling from the 11th U.S. Circuit Court of Appeals in her lawsuit against the school is pending.

Do No Harm's Michelle Havrilla, director of programs against youth gender ideology, said fellow concerned nurses have "strength in numbers" and the database gives them the evidence that youth medical transitions are "not some fringe, small idea" but a routine practice nationwide.

 
Greg Piper

Source: https://justthenews.com/government/courts-law/detransitioners-press-scotus-uphold-state-ban-youth-trans-medicine-infertile

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Internal CIA documents, presentation show effort to mandate DEI at the center of the intel agency - John Solomon and Steven Richards

by John Solomon and Steven Richards

The CIA’s chief diversity officer earlier this year described his department’s efforts to ingrain DEI across the agency in hiring decisions and trainings.

 

A newly revised Diversity, Equity, Inclusion, and Accessibility (DEI) strategy for the Central Intelligence Agency promises to put diversity at the center of promotion decisions and attempt to solidify programs to withstand changing administrations, according to internal documents and a public presentation by senior agency diversity official. 

“We see it as the core of our mission,” CIA’s Chief Diversity and Inclusion Officer, Jerry Laurienti, said of DEI in a presentation earlier this year. He delivered his remarks to the biannual business meeting of the Defense Advisory Committee on Diversity and Inclusion (DACODAI) in May. 

Fred Fleitz, a former CIA agent and national security official in the Trump Administration, told Just the News that DEI initiatives are “dug in quite deep” at the agency and warns they are detrimental to the execution of the mission.

“And this DEI philosophy is dug in quite deep within our government, including at the Central Intelligence Agency. They're not promoting or hiring, giving bonuses based on merit. They're using quotas. They're using DEI to promote political outcomes,” Fleitz told the “John Solomon Reports” podcast. 

Laurienti described the presentation as showing how DEI is used as a key filter for candidates for promotion to leadership positions within the intelligence agency and that DEI training is integrated at all levels of leadership, according to the recording of his presentation, meeting minutes, and a CIA slide deck reviewed by Just the News

The recording of the live presentation was posted to video streaming site Rumble. The content matches with published CIA documents and the meeting minutes from the presentation. 

“Right now we already have required training for leaders at different levels,” Laurienti said. Also, “when you go into a promotion panel for a leadership and particularly uh for the senior leadership… those panels include our head of talent and then the head of each directorate and then myself.”

Performance, corporate mindset, and DEI

The promotion panel assesses each candidate under three criteria, Laurienti said: mission performance, corporate mindset, and DEI.

“And on that third one, they have to show uh, not just that they have been contributing corporately, but rather the impact of their efforts on DEIA,” he said. 

According to Laurienti, this means that “they’re creating an equitable inclusive environment within their teams for mission performance all day every day.” 

“I do not want to hear that it's something that they did after work or that they just do corporately that I want to hear that it's something that they're doing all day every day so that each person in their unit is able to come to work with this on the job, not focused on trying to fit in,” he added. 

He also confirmed that DEI has impacted promotions at the agency. “I can tell you in the last two years of panels, we’ve lifted people up and we’ve pushed people down based on those meetings.”

The CIA workforce also has an eye towards making the DEI programs permanent regardless of which administration occupies the White House. 

On one slide from Laurienti’s presentation lists conclusions his office drew from workforce feedback about the agency’s DEI programs. One conclusion is that the workforce wants to see programs that endure despite changes in leadership at the White House, even though the President directly controls all executive branch agencies under the Constitution. 

“Not be easily shaken or crumbled due to executive administration changes,” the slide reads. 

The agency’s workforce also wants DEI programs to “Help create a sense of psychological safety for all” and “Move past perceived ‘performative’ actions.” 

You can read the presentation and meeting minutes below: 

The 2024-2027 CIA Diversity, Equity, Inclusion, and Accessibility Strategy highlights the importance of cementing DEI criteria in hiring and promotion panels, corporate communications, and training courses. 

“When equity and inclusion are incorporated into processes and procedures, CIA is better enabled to create and sustain a workplace where all officers can safely contribute to mission success,” the strategy reads. 

Diverting resources to DEI initiatives

The goals also outline that the CIA should work to “reduce barriers that may impact hiring, promotion, and/or advancement opportunities for individuals from underrepresented groups.” 

You can read the strategy below: 

Fleitz warns that America’s “mortal enemies” are happy to see the agency diverting resources to DEI initiatives rather than its premier intelligence capabilities, which he says are suffering. 

Our enemies are “quite pleased to see what used to be the premier Intelligence Service wasting all this time and energy and persecuting people who don't support this philosophy,” he said. 

He diagnosed the problem as a mix of risk aversion developed in from bad calls during the War on Terror and the infiltration of DEI into the hiring and promotion process. 

“[F]irst of all, [the CIA is] suffering from risk aversion and careerism. They've made the cost of being wrong too high, and analysts are encouraged not to stick their neck out, not to make bold predictions or conclusions, and when you read a top assessment, there may be 12 pages of key judgments, and they're worded in such a way so it's much it doesn't mean anything,” Fleitz said. 

“So the analysis was already in trouble, and now it's being undermined by the fact that we're not hiring the best and brightest to do this analysis,” he added. 

Agent says "cross-dressing improved his skills"

Earlier this year before the presentation, the broader Intelligence Community came under scrutiny for focus on DEI after an internal newsletter featuring a cross-dressing agent also highlighted several progressive topics like gender identity and a focus on problematic or offensive language. 

The featured agent wrote that cross-dressing improved his skills at “understanding clandestine assets” and overcoming his own “identity-based biases and mindsets.” 

“I am an intelligence officer, and I am a man who likes to wear women’s clothes sometimes,” the agent wrote. “I think my experiences as someone who crossdresses have sharpened the skills I use as an intelligence officer, particularly critical thinking and perspective-taking.”

Fleitz said it will be up to a future administration to fight efforts to ingrain the practices and push back. “There's no room for social engineering in an organization that's crucial,” he said. “But if you listen to…this briefing, read these slide decks, they have pushed DEI from top to bottom throughout the entire organization.

“Now I think a future administration can reverse this, but you can see the DEI bureaucrats and CIA, they are digging in,” he added. 

“The whole culture of the agency has to be changed to focus on the fact that, under law, their mandate is to support the president, to help him make good national security decisions. And I think the President will have to choose someone who understands the complexity of the problems that have been building at CIA for decades,” Fleitz said. “It's deep, it's very serious, and addressing this is going to be hard.” 


John Solomon and Steven Richards

Source: https://justthenews.com/government/federal-agencies/hdinternal-cia-documents-presentation-show-effort-enshrine-dei-center

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Not just Big Oil - awards in climate lawsuits could make major industries targets, says legal expert - Kevin Killough

 

by Kevin Killough

Former Interior Sec. Gale Norton said the ability for firms to enrich themselves opens up the potential for a broader range of lawsuits to be filed against any large emitters, including utility companies operating power plants, as well as steel, plastics, cement and ammonia producers.

 

horde of lawsuits targeting oil companies over climate change could, if successful, be expanded to any industry that produces large amounts of carbon dioxide emissions, according to Gale Norton, former attorney general of Colorado who served as Secretary of the Interior under George W. Bush.

Norton, who currently serves on the board of Liberty Energy, told Just the News that unlike other environmental lawsuits, the climate lawsuits have an “opportunistic model” because of the financial awards that the law firms filing these suits will take a piece of.

“Now you have not just ideological or environmental reasons for opposing the oil companies, but also the financial reason. Trial attorneys are not going to be limited by a view of what’s good policy as they’re filing lawsuits. They’re going to look at who has deep pockets or who is someone that I feel my law firm could prevail against,” Norton said. 

Opportunities for enrichment

Norton explained in an article in Law360 environmental litigation of the past several decades has been administrative. The legal challenges came with whether regulatory standards were followed. Success in court might mean that a construction permit for an industrial facility was revoked and the project halted, but there wasn’t a lot of financial reward to be had. 

Now with more than two dozen states and local governments seeking billion-dollar payouts from energy companies for alleged climate damages using state-level public nuisance law and consumer fraud statutes, the nature of the suits has changed. While the contingency fees on these cases are largely confidential, Norton wrote, the claims against approximately a dozen defendants are huge. This is attracting mass tort litigation trial attorneys, Norton warns. 

As attorney general for Colorado, Norton took part in the Master Settlement Agreement against tobacco companies. In an interview, Norton said that states were, for the most part, represented by contingency lawyers. 

“I did not think that was appropriate. My staff represented Colorado. We did not hire outside counsel. It really caused me to become familiar with this situation when you have attorneys who are using the power of the state to go after big ticket awards and thereby enrich themselves,” Norton said. 

Should the climate lawsuits find success, Norton said, the ability for firms to enrich themselves is going to open up the potential for a broader range of lawsuits to be filed against any large emitters. This would include utility companies operating power plants, as well as steel, plastics, cement and ammonia producers. 

New York Attorney General Letitia James filed a lawsuit against beef giant JBS Foods in February. While it’s not a lawsuit seeking damages for climate change, it involves accusations of fraud against the company for the company’s net-zero commitments, which the suit argues are unrealistic and lacking in practical plans. The climate lawsuits against oil companies also allege oil companies have deceived the public because they didn’t warn consumers about the potential for carbon dioxide emissions to impact the climate, and anti-fossil fuel activists have compared “Big Oil” to “Big Tobacco.” Norton said there is a big difference between the two. 

“Obviously, tobacco companies misrepresented the health effects of their products for years. A lot of their advertising is what caused people to smoke. With oil and gas, it's not because of Exxon's advertising that people are deciding to drive cars or heat their homes. There's a very major difference in terms of economic significance of tobacco compared to the entire energy industry,” Norton said. 

Others have also pointed out that the claim that oil companies knew about climate change and tried to deceive people is exaggerating how much the companies’ researchers knew about the impacts of emissions, and mischaracterizing their internal debate as an attempt to deceive. 

Sabine Hossenfelder, a physicist who describes herself as “not a fan of the fossil fuel industry,” has criticized this view as “nonsense.” The oil companies’ researchers knew as little as any scientists, and it was all part of the public record, Hossenfelder explained in a post on X. Rob Bradley, founder of the Institute for Energy Research, provides a six-part refutation of the accusations on his blog “Master Resource,” arguing in greater detail the points Hossenfelder made. 

Attribution science

The House Committee on Oversight and Accountability last year launched an investigation into one firm that is representing the plaintiffs in these lawsuits, Sher Edling. The investigation sought more information on the “wealthy liberals” who are funding the lawsuits “aimed at bankrupting oil and gas companies.” 

In their response, the firm explained that bankrupting the companies wouldn’t be in their interest, since the companies wouldn’t be able to pay the settlements. The firm also argued that their clients are not seeking damages for all the effects of climate change, but only the ones allegedly caused by the companies’ alleged deception. 

Part of determining those damages will be a field of science that was developed specifically for these lawsuits called attribution science. Climate reporters have also latched onto the field in reports on studies finding the degree to which climate change supposedly contributed to specific weather events. For example, the BBC claimed last summer that a heatwave in North America was “35 times more likely” due to carbon dioxide emissions. Bloomberg claimed a drought in the Amazon was 30 times more likely thanks to carbon dioxide emissions. 

Dr. Matt Wielicki, former assistant professor in the Department of Geological Sciences at the University of Alabama, argues on his “Irrational Fear” Substack that the main motivation behind these lawsuits is money. 

Wielicki told Just the News that attribution science contradicts the Intergovernmental Panel on Climate Change, a U.N. consortium of the world’s leading climate scientists, which states in its AR6 report, “Scientists cannot answer directly whether a particular event was caused by climate change, as extremes do occur naturally, and any specific weather and climate event is the result of a complex mix of human and natural factors.” 

Wielicki said these attribution studies, which are rushed out immediately after an event without any peer review, are a lot like the pandemic health requirements that people stand six feet apart, which Dr. Anthony Fauci, former chief medical advisor to the president, testified in a January House hearing had no scientific basis. These figures that climate change made certain natural disasters more likely, Wielicki said, are just arbitrary numbers. 

“They have some models. They tweet some numbers. They get 500 times more expected rainfall from Helene than without climate change, and then the mainstream media publishes it. There's no peer review, there's no actual investigation of the science. It's just propaganda,” Wielicki said. 

Fragmented rulings

The Supreme Court is currently reviewing a challenge to one climate suit filed by Honolulu. Hawaii’s Supreme Court had allowed the lawsuit to go forward, and the case is now with the U.S. Supreme Court, which has asked the Department of Justice to weigh in. Norton wrote in her Law360 article that, should the high court fail to step in, it would create “a web of fragmented and contradictory rulings will result, constraining the abilities of courts, legislative bodies and federal agencies to address sensible climate-related challenges.” 

Norton told Just the News that should the cases wind their way through state courts and ultimately come down on the side of the plaintiffs, the costs of the settlements will be borne by energy consumers, which will be everyone. More than that, she said it would ultimately undermine good environmental action. 

“To be workable, environmental policy needs to take into account jobs and people's economic well being, as well as the environmental results. Having a hodgepodge of different court rulings in different states is not going to provide a good regulatory framework if you're going to deal with emerging issues like climate change. New technologies are one of the best ways of addressing those issues,” Norton said. 

She thinks it’s likely the Supreme Court will take up the case. 

“This issue goes so far in counteracting our entire regulatory structure for environmental issues, of usurping the role of Congress and state legislatures in making decisions like this. I think there's a good chance the U.S. Supreme Court will recognize the importance of limiting the role of courts,” she said. 


Kevin Killough

Source: https://justthenews.com/politics-policy/energy/not-just-big-oil-awards-climate-lawsuits-could-make-major-industries-targets

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