Sunday, January 28, 2024

 

Lawfare and Covert Action: An Interim Hypothesis


Economic history has its overt and covert sides. Now the State has been almost completely privatized, i.e., conveyed to the so-called hedge funds. It may be safe to say that the West has been converted into one huge financial derivative system.

To understand this without drowning in jargon it is easiest to describe the structure as global extortion or blackmail. As Whitney Webb has shown the murder of Jeffrey Epstein was probably a blunt attempt to eliminate one of the visible faces of the extortion hub for managing public officials. There is another level of extortion that is applied to the public purse. In foreign parts this is the manipulation of the money market through public debt. However there is also an area which has yet to be adequately mapped. For simplicity we can call this “lawfare.”

Lawfare is the application of civil and criminal judicial process to bankrupt targeted opposition by initiating litigation against regime opponents before captured venues where punitive civil damages deplete or eliminate the personal assets of individuals using ideologically constructed complaints which while not criminal are capable of mustering mass moral condemnation even without substantiation. Here the old Inquisition procedures apply where a presumption of guilt and the reversal of the burden of proof are imposed.

A second more insidious strategy is pursued which is less obvious. Analogous to classical foreign debt extortion, the State uses the threat of physical or economic penalties to conceal the use of extorted funds intended for covert action. Traditionally drug and gun dealing have been used to generate funds whose political origins have to be concealed. One reason the CIA and SIS have a vested interested in these illegal markets is that they provide money off the books for operations that — were they funded through official appropriations — would create less deniable paper trails. The deniability of an operation at arm’s length relies on hiding cash flow. This is one of the conclusions from Douglas Valentine’s work on the Bureau of Narcotics and DEA where he explained why and how these agencies became subordinated to covert action arms of the State. Thomas Röper in recent preliminary investigations found another tool by which lawfare can benefit the secret services.

Röper started by asking who and what Doctors Without Borders are and why the Russian government was accusing the group of espionage? He reported how difficult it was to find any published reports explaining where this group’s millions originate. However a crowd query produced something remarkable. At least in Germany he received multiple reports from people summoned before German courts who were told that they would receive consideration (such as in plea bargaining) if they donated money to its German franchise Ärzte ohne Grenzen. The frequency with which this was reported more than suggested a pattern or even a policy.

An extrapolation of the number of civil or criminal settlements of this sort easily pointed to double-digit millions. Now if one considers — as I have argued in the past- that the Antifa and BLM groups in the US are actually armed propaganda groups analogous to those formed in Vietnam in the CIA Phoenix Program, then the enormous million-dollar settlements in US civil actions awarded to these groups or rioters and arsonists make more sense. Namely the city governments sued have been compelled to deplete their budgets with transfers of tax money (actually public debt) to covert operatives. Thus these political warfare actions are funded openly by court judgements. The NGO, whether duly constituted or merely implied, receives public money, tax exempt and with no personal attribution or paper trail linking the flow of funds to the sponsoring entity.

How do the hedge funds benefit? Aside from arbitrage these funds have direct influence over insurance rates and other financial levers that can be applied selectively or collectively to the targeted jurisdiction or entity. Failure to empty the coffers means that the risk ratings that establish the cost of any entity’s future financing must deteriorate. In other words a punitive extortion cycle is anchored in the model.

The result is the perpetual hostage status of the target and full deniability that any planned operation underlies the action. That adds more depth to the term Webb used to title her book: One Nation Under Blackmail.


Dr T.P. Wilkinson writes, teaches History and English, directs theatre and coaches cricket between the cradles of Heine and Saramago. He is also the author of Church Clothes, Land, Mission and the End of Apartheid in South Africa. Read other articles by T.P..

 

NATO War Games a Repeat of Cold War Confrontation


Illustration: Liu Xidan/GT

Illustration: Liu Xidan/GT

The North Atlantic Treaty Organization (NATO) on Wednesday kicked off “Exercise Steadfast Defender 2024,” its largest military drills since the Cold War. Approximately 90,000 troops from NATO’s 31 members and Sweden are participating, with the associated exercises running until May 31. Russian media said NATO has openly admitted for the first time that the exercise is in response to a “Russian attack” and aims to convey to Western populations that “this war is inevitable.”

The exercise comes at two crucial junctures – the Russia-Ukraine conflict is entering its third year, and the US is in an election year. The conflict between Russia and Ukraine shows no signs of abating. With the Ukrainian military consistently facing setbacks on the battlefield, NATO, as the instigator of this conflict, has chosen to exert military pressure on Russia. Experts believe that NATO’s goal is to continue shaping the “Russian threat,” gain support from EU citizens for its anti-Russia policies, and justify further defense spending and economic pressure on Russia.

This NATO exercise will further escalate tensions in Europe, said Wang Xianju, a senior research fellow at the School of Global and Area Studies at Renmin University of China. The conflict between Russia and Ukraine has been ongoing for nearly two years, with the international community advocating for peace. However, NATO is going against the tide, provoking and pressuring Russia through large-scale military exercises, thus creating confrontation across the world.

Meanwhile, the attention and energy of the Biden administration are increasingly consumed by the upcoming presidential elections, making it unable to continue providing the necessary support for Ukraine’s conventional warfare. The financial and military assistance that the Western alliance can currently provide to Ukraine is insufficient to sustain its resistance against Russia. Therefore, NATO aims to use large-scale military exercises to deter Russia.

In addition to perpetuating the Russia-Ukraine conflict, another alarming trend of NATO is its attempt to expand into the Asia-Pacific region. The outbreak and prolonged nature of the Russia-Ukraine conflict, coupled with global disorder and changes, have given NATO, which French President Emmanuel Macron once described as “experiencing the brain death,” an opportunity to catch its breath and extend its existence, and try to achieve its geopolitical ambitions through wild means.

NATO is not satisfied with its footprint in Europe and North America, therefore it continuously seeks expansion by enticing Asia-Pacific countries such as Japan and South Korea on board. It even follows the US script, hyping up the “China threat” and meddling in Asian affairs. Last week, NATO Secretary-General Jens Stoltenberg claimed that NATO is not moving into Asia, yet China approaches NATO. This argument is extremely absurd and is NATO’s preparation in terms of public opinion for further expansion into the Asia-Pacific region. Former Australian prime minister Paul Keating once said that the Europeans have been fighting each other for the better part of 300 years, including giving two World Wars in the last century, and “exporting that malicious poison to Asia would be akin to Asia welcoming the plague.”

NATO is the spokesperson and enforcer of US interests, military expert Song Zhongping told the Global Times. NATO is actually dominated by the will of the US, swept up in the panic and tension incited by the US, becoming Washington’s axe, spear, and shovel. NATO claims that China’s behavior violates “NATO core principles of democracy, the rule of law, and freedom of expression,” echoing the US’ labeling of China and Russia as the “axis of evil.”

As a product of the Cold War, NATO should have been consigned to the trash heap of history after the end of the Cold War. However, under the influence of the US, NATO not only intensifies the crisis in Europe but also plots expansion into Asia. Asian countries must remain highly vigilant to this.

Global Times, where this article was first published, takes great pains to present facts and views that could help the readers better understand China. Read other articles by Global Times, or visit Global Times's website.

 

Student Solidarity: The 1934 One Day Walkout of West Winfield, New York


Even the smallest of towns can see sparks of radicalism. Solidarity movements exist in several forms, from honoring the picket lines of striking workers to anti-war protests in solidarity with the innocent civilians caught in the crossfire. Student movements all throughout history have been characterized as displays of both solidarity and resistance, acting against wars, egregious abuses of power, and other entities characterized as unjust and disagreeable. In the village of West Winfield, New York, anything in the news focusing on students primarily relates to school sports, homecoming weekend, graduation, and similar events. In the mid-1930s though, students from the small village engaged in an uncharacteristic act of radical solidarity with their fellow schoolmates.

In late 1934, two students were barred from attending school functions and were soon after expelled from West Winfield Central High School. Their expulsion came after they still attended a senior dance after their activities privileges were suspended. What was the initial offense that led to these students being hit with disciplinary measures? They walked on the grass on school grounds after sod had been laid down. They didn’t maliciously try to tear up the lawn with a vehicle or dig it up in some other way, they simply walked on the grass. Annoying? Perhaps yes. An act deserving of an indefinite suspension from extracurricular activities and eventual total expulsion? No. Rather than turn away the students when they arrived at the dance, they were still able to attend and then were informed of their expulsion from the school the following Monday when they reported for classes. That not a single chaperone did anything to prevent them attending displays either a lack of care on the part of those overseeing the function, or a lack of communication from the principal to his faculty.

Seeing their peers expelled for such a minor offense didn’t sit well with the student body. In response, students ranging from 7th graders to seniors initiated a walkout the very same day that the expulsion took place. Students left the school in droves. A spur-of-the-moment, unplanned action, between 100 and 200 students (though some papers cited numbers even hire than 200) marched through the streets of West Winfield in defiance of their principal’s actions as a show of solidarity with their wrongly removed schoolmates. Their demands included the reinstatement of the expelled classmates and the removal of their principal, one H.D. Love, for his egregious abuse of power. Being that many if not all of those who walked out would be considered children, it was a great boost in morale when it was revealed that the majority of parents and townspeople approved the walkout rather than condemning their children for “disobedience.”

This mass student action would create the necessity for an emergency school board meeting that very same, with the school board knowing that if they didn’t address this problem immediately, this one day walkout held the potential to become a much lengthier battle. Six students and several locals townsfolk were also a part of this emergency meeting. No details, as far as can be seen, are available regarding what specifically happened during the deliberations between the students, the West Winfield citizens, and the West Winfield school board. That being said, the available information does show that an effective dialog occurred, and those who represented their wrongfully thrown out classmates were able to bring about the desired outcome in their brief but passionate struggle.

After a night of deliberation, the expelled were finally reinstated as students at West Winfield Central High School. There were restrictions placed on said students, restrictions that once more are not explained in the available literature, but nonetheless the students were no longer . The other demand of the student protesters, the removal of Principal Love, however, would not be met. In fact, the school board responded to this demand by saying Love’s removal was “out of the question.”

Although their demands were not fully met, the primary goal of reversing the expulsion was, with their efforts ultimately resulting in victory. The spontaneous, one day walkout of 1934 exemplifies the need for solidarity when fighting against injustice in its various forms, whether that be questionable decisions by administration or global political issues. Had only a fraction of students protested the knee-jerk expulsion, this struggle could’ve escalated to something far more protracted and difficult. That several students spanning six different grade levels heeded the call to action simultaneously displays the sense of community that many find in small town, rural areas, in addition to the strength of youth culture regarding young people’s ability to take a stand against what they see as genuine problems of varying fields. Students protests are typically seen as synonymous with movements on the college level such as the efforts against the Vietnam War, however the students of West Winfield showed that you don’t need to be at the college level to fight the good fight.


J.N. Cheney is an aspiring Marxist historian. His research primarily focuses on New York State labor history, branching into other facets of the history of socialism in the United States as well as the global socialist movement. He’s written for Midwestern Marx and has been published in their Journal of American Socialist Studies under both a penname and his given name. He is currently writing a book on the Little Falls Textile Strike of 1912. Read other articles by J.N..

 

Oil, Natural Gas, and Capitalism


The great powers — the leading players in the imperialist system — have always required a source for the energy to drive their economic engines. They needed energy resources to build and empower their military might; they needed energy to grow their national economies and power their vessels of trade and transportation. Indeed, their socio-economic systems would have collapsed without ample and available energy sources.

At the dawn of the capitalist industrial era, that source came mainly from coal. Coal powered the machines that grew the productivity of labor to great new heights. It is reasonable to think that only those countries with easy access to coal could then become great capitalist powers.

Beginning at the turn of the last century, oil — an abundant, efficient, and easily stored and transported energy source– became essential for the exercise of economic and military might. As modes of transportation became dependent upon petroleum products, an intense rivalry was stoked for access to oil, often found in more remote areas of the world, far removed from the great urban centers of the great capitalist powers.

At the same time, the great capitalist powers accelerated their drive to dominate the entire world. Lenin and others saw this as a higher stage of capitalist development impelled by the dominance of monopoly capitalism, finance capital, and capital export.

Access and control of energy resources played an extremely large role in motivating this development, leading to conflict and colonization over the areas offering abundant oil production.

It could be said that “oil imperialism” was a critical factor in the course of the Second World War: Japan — a country without adequate oil reserves — needed to secure resources to pursue its imperialist mission; likewise, Germany’s eastward turn was prodded by its thirst for Soviet oil.

Constituting the leading imperialist power after WWII, the US had its own adequate petroleum resources, but sought to guarantee that global oil supplies would remain available to its clients in the crusade against Communism.

After the end of the Cold War, new technologies unleashed huge reservoirs of oil and natural gas in the US. A once-stable international market was consequently disrupted, allowing US producers to reshape, even dominate, the global distribution of oil and natural gas.

But in the decades to follow the end of the Cold War, those capitalist countries that were the most trusted anti-Communist allies were relying on long-established, existing sources of energy or had turned to convenient, adjacent, transit modes from the energy giant, the now-capitalist Russia.

Europe, for example, had grown increasingly reliant on Soviet oil and gas even before European socialism’s fall. And OPEC’s distribution network and quasi-planned marketing maintained a persistent global stability of price and availability.

From where would the US, undergoing a technological revolution with fracking, take its oil and gas bonanza?

I began to discuss the US shift toward what I called “US oil and gas imperialism” seven years ago (hereherehere, here and here). I wrote in July of 2019:

US oil and gas imperialism is another feature of the new economic nationalism. With US oil production matching or exceeding every other global producer, and with natural gas extraction growing dramatically, the economic nationalists foresee the US now competing successfully for markets. The conventional explanation of the US aggression against oil-producing states must now be retired. The US is no longer solely obsessed with commanding and dominating existing oil producers– US intervention is not simply about the oil in the way it has been in the past. That is, it is not simply acquiring oil resources that motivates US aggression, but commanding oil markets as well.

Thus, the US is also out to wreck competing oil and gas producers by sanctions, disruptions, and destruction. The US corporations want the markets in order to peddle their own energy resources. The long trail of wrecked, dysfunctional, and economically strangled global oil producers attests to this new motivation and serves US energy corporations well.

I have been writing often of this shift of US imperial design for over two years. Nothing demonstrates the intent of the new energy imperialism as does the Department of Energy’s recent renaming of US natural gas as “Freedom Gas” and the product as “molecules of freedom.” This silly branding is part of the campaign to win Europe and other gas-dependent markets from Russia and Iran/Qatar. Even though US liquified “freedom gas” is 20% more expensive than Russian gas, the Trump administration bullied Germany’s Angela Merkel to agree to two new LNG terminals in Germany. Her admission that LNG from the US would not break even for at least a decade demonstrates the aggressive face of the new US energy imperialism.

US gas producers have stoked anti-Russia sentiment to draw Poland and the Baltic states into their LNG market nexus. US LNG annual exports to Portugal and Spain grew from a tiny base to nearly 20 and 30 billion cubic feet, respectively, between 2016 and 2017.

And US crude oil exports soared after the crisis in the Straits of Hormuz. US oil shipping nearly doubled in the aftermath of the mysterious “attacks” in the Persian Gulf. President Trump underscored the attractiveness of foregoing the Straits and buying from the US. Rather than taking the “dangerous journey,” Japan and PRChina should be reminded that “the US has just become (by far) the largest producer of energy in the world.” (my emphasis)

Writing in 2019, I was anticipating geopolitical events geared to shifting the natural gas market dramatically in favor of the US. I foresaw the “anti-Russia” push as targeting the natural gas market in Europe and “crisis” in the Middle East as disrupting shipments from traditional Middle East suppliers.

Hostility and conflict would be the thumb-on-the-scales to offset the higher price (lower risk) of US liquified natural gas.

Unlike the Cold War era, where the US postured as a protective shield for safe, durable, and inexpensive energy channels, the post-Cold War US policy places US immediate economic interests above the supposed alliance obligations; without consultation, the US tossed aside its role among its allies as the guarantor of peace and security and is taking on the role of international energy huckster.

In 2022, the US secured a major victory in oil and gas imperialism with the war in Ukraine. As a result of a concerted campaign to destabilize Ukraine, separate it from Russia, and coax it into NATO’s anti-Putin alliance, the US drew Russia into a long, bloody war. The war proved to be a veritable gift for the US and its energy industry. Anti-Russia hysteria provoked the US’s European allies into breaking economic ties with Russia, including the big prize–cutting off Russia’s supplies of natural gas. Seduced by Cold War-like rhetoric and fear-mongering, European countries outdid each other with belligerence, culminating in refusing cheap Russian energy resources. To seal this self-defeating move on the part of US “allies,” the US organized the destruction of crucial Russian pipelines. Left with no alternative to Russian energy, Europe turned to their US “partner.”

US exports of oil to Europe more than doubled between 2021 and today. Likewise, disrupting natural gas distribution has paid off for the US with liquid natural gas (LNG) exports nearly doubling from 2018 to 2022. Quoting the Wall Street Journal:

Russia’s invasion of Ukraine kicked U.S. [LNG] exports into overdrive. Since March 2022, U.S. developers have signed 57 supply agreements representing about 73 million metric tons of LNG annually… more than four times the number of contracts they signed between 2020 and 2021.

Many of these contracts run for 20 years and underpin the construction of terminals that have yet to be built. LNG exports are expected to more than double [again!] from current levels by the end of this decade…

Thus, thanks to the war in Ukraine, US allies had the privilege of incurring the costs of liquefaction, shipping, and building LNG terminals to show their solidarity with the US-instigated war.

Foolishly, European leaders rushed to show their support for the war, even at tremendous cost to their own economies.

Likewise, the unfolding war in the Middle East plays into the hands of the US oil and natural gas imperialists. As the WSJ concedes:

In the longer term, the Red Sea situation could bring more business for U.S. LNG shippers, which are building out export capacity at Gulf Coast facilities and are vying for big contracts with big buyers in Europe, analysts said.

The percentage of LNG tankers set to pass through the Suez Canal has dropped to its lowest point in at least a decade.

But the LNG will be coming from the West, thanks to the beneficence of the US government anticipating the changing energy market!

Paul Hannon and William Boston put it well: “For the second time in three years, a conflict in Europe’s neighborhood is threatening to weaken a struggling economy, while a more robust U.S. is watching from a safe distance.”

It is indeed an odd ally that takes advantage of the sacrifices that it imposes upon its friends to make. While US capitalism has enjoyed strong growth, thanks to two wars in other lands, its European friends have endured inflation and stagnation.

Germany, led by Social Democrats and Greens, has met the US-led call to war with enthusiasm, militarism, and aggression unseen since the Second World War. Germany has materially supported Ukraine second only to the US and matched the US’s shuttering of economic relations. Where the US has shown healthy growth for 2023, Germany has fallen into recession, its industrial sector racked by high energy costs and supply shortages — a steep price to pay for following US leadership. “‘The threat of deindustrialization is real,’ said Max Jankowsky, chief executive of GL Giesserei Lossnitz, a 175- year-old foundry in the eastern German state of Saxony.” German Chancellor Olaf Scholz’s popular satisfaction is the lowest for a chancellor since 1997. Germany — the leading power in the European Union, an industrial giant, the world’s fourth largest economy — has been brought to its knees by US oil and gas imperialism.

The people, and especially the left, need a constant reminder of the material interests behind global imperialism and the mechanism that powers it.

Imperialism is not a consequence of bad leadership from Trump, Biden, Johnson, or Modi or their ilk; it is not the product of neoliberalism or any other ideology; it is not the result of a lust for power. In short, imperialism is not a matter of moral choice or competence. Instead, it is an imperative of capitalism in its modern form. It is an expression of the rivalries generated by capitalist competition for markets, resources, and most tellingly, profits. When that competition reaches its greatest intensity, war ensues.

Some would like to believe that we can break the link between capitalism, exploitation, inequality, poverty, environmental degradation, and war. They aver that a benign capitalism, regulated by enlightened governments, can escape the imperialist system. History shows no such eventuality. People are awakening to the impossibility of “fixing the system.”

The left overlooks this at its peril.


Greg Godels writes on current events, political economy, and the Communist movement from a Marxist-Leninist perspective. Read other articles by Greg, or visit Greg's website.

False Witnesses and No Evidence

The Tangled Truth of a Death Row Inmate


In a case that has captured the attention of both legal experts and the public, Willie Jerome Manning stands convicted of a crime that he did not commit. The conviction of Mr. Manning who was sentenced to death for the murders of two Mississippi State students, now faces scrutiny due to newly discovered evidence pointing toward his wrongful conviction. This isn’t the first time evidence has been presented to the court based on untruthful testimonies about Willie Manning by witnesses eager to cut deals with the state by providing false testimonies.

Exonerated for the Elderly Mother and Daughter Murders

Mr. Manning was unjustly condemned to death for two separate double murders and has been exonerated of the 1993, case of murdering an elderly mother and daughter in Starkville, Mississippi. The Mississippi Supreme Court recognized vital evidence was hidden, showing that the state’s main witness lied for self-benefit.

The State’s Case against Willie Manning

Two college students, Tiffany Miller and Jon Steckler were found murdered on December 11, 1992. Four months later, in April of 1993, Manning became a primary suspect. The Oktibbeha County Mississippi Circuit Court appointed post-conviction lawyers twice. Both times the attorneys withdrew because they were not familiar with state post-conviction and federal habeas corpus practices. Meanwhile, an exceptionally experienced attorney in post-conviction and federal habeas corpus practice had the desire to represent Mr. Manning, and the circuit court of Oktibbeha County Mississippi ignored the attorney’s motion.

In the parking lot of an apartment building, Tiffany Miller’s vehicle was discovered double-parked. The car was a two-seater and evidence that Jon Steckler had been run over was clear from his blood found underneath the vehicle.  Sheriff Dolph Bryan assumed a connection between the murders and a previous car break-in. Bryan’s theory lacked concrete evidence as he believed the murder victims interrupted a theft in progress from John Wise’s car burglary. The break-in occurred at a fraternity house parking lot on the campus of Mississippi State University. The burglarized car belonged to Wise, who reported missing items which included a leather jacket, a portable CD player, and a brass restroom token. Some of the local businesses used brass tokens for entering their restrooms, and one was found near the murder victims, about five miles from the house Willie lived in with his mother. John Wise declared that the discovered coin exhibited a shiny appearance, contrasting with his own, which did not.

The sheriff created a scenario of the perpetrator forcing Miller and Steckler into Miller’s car, with Tiffany Miller sitting on Willie Manning’s lap and Jon Steckler driving. After reaching the destination, the sheriff surmised that the victims were forced out of Miller’s car and shot, after which the murderer drove the car to an apartment complex and abandoned it. Sheriff Dolph Bryan orchestrated this entire crime scene without physical evidence or witnesses.

This investigation resulted in Manning’s conviction, which was partially based on the discovery of a hair fragment belonging to a Black individual in Miller’s car. The hair fragment was admitted as evidence, and as a result, the sheriff and prosecutor implied Mr. Manning’s presence in the vehicle. The Department of Justice has acknowledged that the FBI’s hair analysis testimony at Manning’s trial was unreliable and false.  Mr. Manning is actively contesting his conviction of the double homicide.

Fabricated Testimonies and Sheriff Dolph Bryan

The case against Willie Manning is fundamentally weak, as it’s characterized by speculative assumptions from Sheriff Bryan, fabricated testimonies, and questionable forensic analysis, including the use of discredited hair follicle science. Willie Manning was convicted on jailhouse informant testimony made by Earl Jordan, Frank Parker, and Renee Hathorn. Each of the sheriff’s informants was facing prison time for criminal charges. Every jailhouse informant gave fabricated testimonies in return for reduced sentences or total exoneration, with two of them receiving financial rewards.

According to Earl Jordan’s affidavit, the sheriff indirectly made it clear that he would assist Jordan with his habitual offender charges in exchange for helping him with Manning. The sheriff and Jordan met four or five times and Jordan’s testimony was fabricated under the sheriff’s influence. In exchange, Jordan received some reward money and a 3-year sentence reduced to time served. Jordan submitted an affidavit because Dolph Bryan was no longer the sheriff. Bryan served as sheriff of Oktibbeha County from 1976-2012.

Similarly, Frank Parker’s testimony included claims of overhearing Manning confess to a cellmate about disposing of a gun and admitting to the murders. An affidavit from Willie’s cellmate challenges the credibility of this statement. Parker also stated he was fleeing charges in Texas and turned himself in at the jail in Mississippi.

Parker’s uncle, who housed Frank for over a decade, informed law enforcement about his nephew’s longstanding dishonesty. He recounted an incident where, during their absence, Frank cleared out their house and pawned their valuables. Frank’s uncle filed charges against him and subsequently informed law enforcement in Oktibbeha County that he would not consider Frank as a witness in any case, due to his lack of trustworthiness.

Renee Hathorn was Willie’s girlfriend at the time and her role was particularly pivotal. Hathorn testified against Manning for the defense. In an affidavit, she states that Sheriff Dolph Bryan pressured her into getting Willie to confess to the murders of Steckler and Miller. He never did, he consistently maintained his innocence. She also visited with Willie in his jail cell at night from time to time, while wearing a wire. Sheriff Dolph Bryan also met with her to discuss and rehearse her trial testimony. Before testifying during the trial, the sheriff gave her money, paid her bills sometimes, and also paid for some furniture. He additionally picked her up and purchased food from a fast food restaurant. Hathorn was facing from 8-10 years in prison and additional years on parole for a total of 33 bad checks in Oktibbeha and Lowndes Counties. She additionally states that she accrued bad check charges in Macon, Clay, and Jackson counties. She owed more than $10,000 in fraudulent checks and court fees. All of this was erased in exchange for her fabricated testimony. Additionally, she received $17,500 in reward money.

No Witnesses, Physical Evidence, DNA, Fingerprints or Fibers

The forensic analysis of hair by the FBI failed to conclusively establish a match between the hair discovered in the vehicle, where two students from Mississippi State were allegedly apprehended, and Willie Jerome Manning. The initial classification of the hair as originating from a Black individual was a critical factor in implicating Mr. Manning in the murder. There is an absence of definitive physical evidence connecting Manning to the crime. There are no witnesses, fingerprints, DNA, or blood, and there are not any fibers. The prosecution’s argument hinged primarily on the testimony of prison informants and a hair that the FBI initially claimed was consistent with a Black person. However, the FBI later withdrew this claim, admitting that such a conclusion surpasses the scientific validity of hair analysis, thereby rendering it unreliable and scientifically unsound.  Mr. Manning underwent trial, was found guilty, and subsequently sentenced to death row, based on contrived testimonies from jailhouse informants, prepared and orchestrated by Sheriff Dolph Bryan.

The prosecution in Willie Manning’s case relied on several key pieces of fabricated evidence. Testimonies from informants such as Earl Jordan and Frank Parker, who later admitted their statements were false and put them under pressure in exchange for wiping their criminal slates clean.

The role of the prosecutor was crucial in assembling and presenting these elements as part of the case against Manning. The prosecution’s case against Mr. Manning included forensic evidence, deemed unreliable. An expert asserted that bullets recovered from a tree in Manning’s yard were discharged from the same firearm used in the students’ murder, claiming this to the exclusion of all other firearms globally. However, current forensic science discredits such bullet comparisons as invalid. Mr. Manning has submitted a new petition to the Mississippi Supreme Court to contest his convictions in this case. Should this petition be rejected, it could lead to the court setting an execution date for him.

This article was composed using information sourced from the following petition:

Willie Jerome Manning, Petitioner, v. State of Mississippi, Respondent. In The Supreme Court of Mississippi, No. 2023-DR-01076. Motion for Leave to File Successive Petition for Post-Conviction Relief. Attorneys: Krissy C. Nobile, Robert S. Mink, Sr., David P. Voisin,  Clocked: September 29, 2023, 19:24:16.


Nancy Lockhart is an analyst and strategist specializing in cases of grave injustices. E-mail: TheWrongfulConviction@gmail.com. Voicemail: (914) 984-7990. Visit https://nancylockhart.net for the latest updates and discover methods of advocating to assist Willie Mannings campaign. Read other articles by Nancy.

 

The ICJ’s Provisional Orders: The Genocide Convention Applies to Gaza


On January 26, legal experts, policy wonks, activists and the plain curious waited for the order of the International Court of Justice, sitting in The Hague. The topic was that gravest of crimes, considered most reprehensible in the canon of international law: genocide. The main participants: the accused party, the State of Israel, and the accuser, the Republic of South Africa.

Filed on December 29 last year, the South African case focused on its obligations arising under the Convention on the Prevention and Punishment of the Crime of Genocide and those of Israel. Pretoria, in its case, wished that the ICJ adjudicate and declare that Israel had breached its obligations under the Convention, and “cease forthwith any acts and measures in breach of those obligations, including such acts or measures which would be capable of killing or continuing to kill Palestinians, or causing or continuing to cause serious bodily or mental harm to Palestinians or deliberately inflicting on their group, or continuing to inflict on their group, conditions of life calculated to bring out its physical destruction in whole or in part, and fully respect its obligations under the Genocide Convention”.

The latter words derive from Article II of the Convention, which stipulate four genocidal actions: the killing of the group’s members; the causing of serious bodily or mental harm to those group’s members; the deliberate infliction of conditions calculated to bring about the physical destruction, in whole or in part, of that group and imposing measures to prevent births within the group.

The sheer extent of devastation being wrought by Israeli Defence Forces in Gaza, justified by the Netanyahu government as necessary self-defence in the aftermath of the Hamas attacks of October 7, led the South African team to also seek immediate provisional measures under Article 41 of the Court’s statute. (The review on the case’s merits promises to take much longer.) They included the immediate suspension of the IDF’s military operations in and against Gaza, the taking of all reasonable measures to prevent genocide, and desisting from committing acts within Article II of the Convention. The expulsion and forced displacement of Palestinians should also stop, likewise the deprivation of adequate food, water and access to humanitarian assistance and medical supplies and “the destruction of Palestinian life in Gaza.”

By 15-2, the court accepted that “the catastrophic humanitarian situation in the Gaza Strip is at serious risk of deteriorating further before the Court renders its final judgment.” (Over 26,000 Palestinians have been killed, extensive tracts of land in Gaza pummelled into oblivion, and 85% of its 2.3 million residents expelled from their homes.) Measures were therefore required to prevent “real and imminent risk that irreparable prejudice will be caused to the rights found by the Court to be plausible, before it gives its final decision.”

The grant of provisional measures was, however, more conservative than that sought by Pretoria. Conspicuously missing was any explicit demand that Israel pause its military operations. That said, the judgment did little to afford Israel’s leaders and the IDF comfort from the obligatory reach of the Genocide Convention, an instrument they had argued was irrelevant and inapplicable to the conduct of “innovative” military operations.

To that end, Israel was obligated to take all possible measures to prevent the commission of acts under Article II of the Genocide Convention, including by its military; prevent and punish “the direct and public incitement to genocide” against the Palestinian populace in Gaza; permit basic services and humanitarian assistance to the Gaza Strip; ensure the preservation of, and prevent destruction of, evidence related to acts committed against Gaza’s Palestinians within Articles II and III of the Convention; and submit a report to the ICJ on how Israel was abiding by such provisional measures within one month.

As is very much the form, the justice from the country in the dock, in this case, Israel’s Aharon Barak, could see nothing inferentially genocidal in his country’s campaign. South Africa, he insisted, had intentionally ignored the role played by Hamas in its October 7 attacks, and “wrongly sought to impute the crime of Cain to Abel.”

Inevitably, the singular experience of the Holocaust survivor, the sui generis Jewish view of trauma, used as solid armour against any possibility that Israel might ever commit genocide, became a point of contention. Genocide “is the gravest possible accusation and is deeply intertwined with my personal life experience.” Israel had a firm commitment to the rule of law, and to accept that it was committing genocide “is very hard for me personally”. Tellingly, he suggested that Israel’s campaign in Gaza be examined, not from the viewpoint of the Genocide Convention but international humanitarian law.

With classic casuistry, Barak did vote for the measure requiring Israel to do everything “within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza strip”. But having identified nothing in the way of such intent, the issue became a moot one. With some relief, Barak could state that certain measures sought by South Africa, including an immediate suspension of military operations, were rejected by the ICJ, which preferred “a significantly narrower scope”.

From the other side of the legal aisle, the South African foreign minister, Naledi Pandor, wished that the ICJ had grasped the nettle to order a halt in military operations. But, with some deft reasoning, she was satisfied that the only way Israel could implement the provisional measures would be through a ceasefire. Much the same view was expressed by the Associated Press: “The court’s half-dozen orders will be difficult to achieve without some sort of cease-fire or pause in the fighting.” That logic is clear enough, but the actions, given the various statements from Prime Minister Benjamin Netanyahu and his officials alleging slander and a blood libel against their country, are unlikely to follow.


Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.comRead other articles by Binoy.


Watching the Watchdogs: Law, Propaganda, and the Media Walk into a Bar


Or what happens when legal proceedings at the ICJ expose Western media bias and Israeli state propaganda

This month, the world watched South Africa initiate International Court of Justice (ICJ) hearings on the genocidal acts Israel committed in Gaza. In a two-day session on January 11 and 12, the court heard the extensive evidence the South African legal team had gathered to support their case against Israel, and the rebuttal by the Israeli team.

The hearings were historic for two reasons. First, this was the first time that Israel’s decades-long aggression against the Palestinians was articulated in detail for the world to hear, without having to pass through the distorting lens of Western media or politicians. Second, this was the first time that Israel was substantively held to account in public under international law, without being shielded from such accountability by its Western backers, as it has been for the past century.

The unprecedented nature of the hearings drew international attention. The media around the world covered the proceedings extensively, often with live feeds of both presentations. But in the West, once again an anti-Palestinian media bias became apparent.

Channels like the BBC were accused of not fully showing the South African presentation, while broadcasting more of the Israeli one. American, Canadian and British newspapers were chastised for not featuring the ICJ case on their front pages.

The bias was clearest in the glaring parallels between the main points in Israel’s presentations to the court – which reflected the longstanding main themes of Israeli propaganda – and the reporting of Western mainstream media, with some exceptions. Indeed, Western coverage of the war has been skewed since day one.

The US progressive publication The Intercept did its own analysis of three leading US newspapers – the New York Times, the Washington Post, and the Los Angeles Times – and found that their reporting “heavily favoured Israel”. It said that they “disproportionately emphasized Israeli deaths in the conflict; used emotive language to describe the killings of Israelis, but not Palestinians; and offered lopsided coverage of antisemitic acts in the U.S., while largely ignoring anti-Muslim racism in the wake of October 7.”

According to the Intercept’s analysis, the word “slaughter” was used in reference to Israeli deaths vs Palestinian deaths in a ratio of 125 to 2; the word “massacre” in a ratio of 60 to 1. Anti-Semitism was mentioned 549 times, while Islamophobia just 79 times.

This anti-Palestinian bias in print media “tracks with a similar survey of US cable news that the authors conducted last month that found an even wider disparity,” it concluded.

Many other such studies and examples of Western media bias towards Israel are now available.

Tweeting the Intercept report, Francesca Albanese, the UN special rapporteur on the occupied Palestinian territories, asked a pertinent question: “After months of western media misrepresenting or not reporting the unfolding genocide in Gaza and all sort of int’l law violations against Palestinians: I have a question. Don’t journalists have codes of conducts and professional ethics to abide by and be held accountable to?”

To answer her question: They do, in principle. But in practice, journalists and their media managers and owners operate in the context of most Western media playing a central role in the continuing legacies of Western-Israeli settler-colonialism, apartheid, and genocide against the Palestinians.

Consequently, the majority of citizens and politicians are convinced that they must support Israeli policies, even if these include settler-colonial brutality and apartheid.

It is no surprise that American, and most other Western, public opinion in the last half-century or so heavily sided with Israel over the Palestinians – because citizens mainly heard Israeli perspectives that dominated the news media and the statements and policies of their governments.

Over the past three months, however, the war in Gaza has revealed just how much Israeli state propaganda shapes US policy and the media’s dominant narrative of events. As Norman Solomon, media critic and executive director of the Institute for Public Accuracy, put it in a January 18 Common Dreams article:

What is most profoundly important about the war in Gaza – what actually happens to people being terrorized, massacred, maimed, and traumatized – has remained close to invisible for the U.S. public … With enormous help from US media and political power structures, the ongoing mass murder – by any other name  – has become normalized, mainly reduced to standard buzz phrases, weaselly diplomat-speak, and euphemistic rhetoric about the Gaza war. Which is exactly what the top leadership of Israel’s government wants.

This dual legacy of the US’s distorted reporting and dysfunctional state policies is no longer as potent as it used to be, as the global public reactions to the ICJ genocide hearing have shown.

The global protests in solidarity with Palestine revealed that Israel and its Western protectors and media parrots, who repeat largely discredited Israeli propaganda arguments, can no longer convince global audiences to the same extent they did in the past. This is due to Israel’s own brutal actions, but also the changed global information system.

The world now sees daily on social media and some alternative media Israel’s genocidal actions and apartheid policies. The ICJ presentations and thousands of associated articles, commentaries, webinars, public talks and other events across the world exposed these Israel-Palestine realities.

Changed information flows have caused serious concern in Washington, as well as Tel Aviv, because decent, justice-loving citizens reject the US’s fervent support for Israel’s military brutality – and many say they are likely to reject voting for “Genocide Joe” Biden in the presidential election this November. This is what happens when ordinary citizens see the full story of events in Palestine – for the first time in modern history.

A new US opinion poll confirms that likely voters are more inclined to vote for candidates who supported a ceasefire in Gaza, by a 2-to-1 margin (51-23 percent). Among young and non-white voters, who are crucial for a Democratic win, between 56 and 60 percent said they would back ceasefire supporters.

But the growing awareness of what is going on in Israel-Palestine has had an impact well beyond US politics. As South African journalist Tony Karon noted in an article in The Nation on January 11: “So Israel is waging a classic colonial war of pacification of a native population resisting colonization – at a moment when much of the global citizenry is producing the receipts of centuries of Western violence and enslavement, demanding justice and a reordering of global power relations. Standing up for Palestine has become shorthand for that global struggle to change how the world is ruled.”

Indeed, the intense global support for Palestine, which peaked during the ICJ hearing, represents the Global South challenging the political and economic hegemony of the North. People across the world are saying they support justice and will continue to resist Western colonial forces that have ravaged scores of societies for half a millennium.

First published at Al Jazeera which notes that the views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera’s editorial stance.

Rami G Khouri is a Distinguished Fellow at the American University of Beirut, and a journalist and book author with 50 years of experience covering the Middle East. Read other articles by Rami.

The Reasonings by the 2 Dissenting Judges on the ICJ’s Genocide Case by South Africa against Israel

There were 17 judges ruling on this case, including one from South Africa and one from Israel. Both of those two judges were not regular members of the Court but were included only because this ‘International Court of Justice’ was treating this matter as-if not “justice” (in criminal law — which this case was supposed to be about) but instead equity (in civil law — which is irrelevant to this criminal case) were at-issue (and therefore needing to be ‘balanced’, instead of to be concerned only to determine in the case “the truth, the whole truth, and nothing but the truth” as being the SOLE basis for valid judgment on the matter.

Page 26 of the 29-page ruling has paragraph 85: “The Court deems it necessary to emphasize that all parties to the conflict in the Gaza Strip are bound by international humanitarian law. It is gravely concerned about the fate of the hostages abducted during the attack in Israel on 7 October 2023 and held since then by Hamas and other armed groups, and calls for their immediate and unconditional release.”

The 84-page South African document that had brought criminal charges against Israel, titled “Applications Instituting Proceedings,” said in the opening paragraph of its Introduction:

South Africa unequivocally condemns all violations of international law by all parties, including the direct targeting of Israeli civilians and other nationals and hostage-taking by Hamas and other Palestinian armed groups. No armed attack on a State’s territory no matter how serious — even an attack involving atrocity crimes — can, however, provide any possible justification for, or defence to, breaches of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (‘Genocide Convention’ or ‘Convention’),1 whether as a matter of law or morality. The acts and omissions by Israel complained of by South Africa are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group, that being the part of the Palestinian group in the Gaza Strip (‘Palestinians in Gaza’).

So: the 7 October 2023 Hamas attacks against Israelis was not an issue or topic in the case that South Africa had brought to the Court.

Nonetheless — and appealing to public sentiments instead of to the actual case that was supposed to be at hand — paragraph 85 of its decision on the case pandered by essentially accepting as true there what both South Africa and Israel agree upon — as-if it were even pertinent (relevant) to this case (which it is not). One isn’t supposed to bring up in a criminal trial — or any trial — a matter about which both the prosecution and the defense are in agreement. It distracts from the case-at-hand and can serve only to distort judgments.

So: right there, in the paragraph that comes immediately before the Court’s judgment in the case, which is paragraph 86, the Court makes clear that the decision isn’t entirely excluding pandering. That is pandering to Israel’s side of this dispute. But South Africa had already accepted that detail of Israel’s side. It was irrelevant and was brought up by the judges purely pandering to public opinion — in Israel’s favor. It had nothing to do with whether or not Israel is, in fact, genociding Gazans.

To what extent did the ruling pander, and was it fairly balanced in its (irrelevant but popular — among supporters of Israel) panderings?

The next paragraph (86) is the one that everybody talks about, and so it is merely linked-to here as being on pages 26-29 of the pdf if you want to read it.

As is indicated there, the two dissenting ‘Justices’ in the Court’s 6-part order to Israel were Julia Sebutinde (Uganda) and Aharon Barak (Israel), and Sebutinde dissented on all 6 whereas Barak dissented only on 3 out of those 6. In each of those two instances, the jurist summarized up-front in the decision what the supposed ‘reasoning’ for the dissent was. Here both of those two summaries are shown:

DISSENTING OPINION OF JUDGE SEBUTINDE

[T]he dispute between the State of Israel and the people of Palestine is essentially and historically a political one, calling for a diplomatic or negotiated settlement, and for the implementation in good faith of all relevant Security Council resolutions by all parties concerned, with a view to finding a permanent solution whereby the Israeli and Palestinian peoples can peacefully coexist — It is not a legal dispute susceptible of judicial settlement by the Court — Some of the preconditions for the indication of provisional measures have not been met — South Africa has not demonstrated, even on a prima facie basis, that the acts allegedly committed by Israel and of which the Applicant complains, were committed with the necessary genocidal intent, and that as a result, they are capable of falling within the scope of the Genocide Convention — Similarly, since the acts allegedly committed by Israel were not accompanied by a genocidal intent, the  Applicant has not demonstrated that the rights it asserts and for which it seeks protection through the indication of  provisional measures are plausible under the Genocide Convention — The provisional measures indicated by the Court in this Order are not warranted.

SEPARATE OPINION OF JUDGE AD HOC BARAK

1. South Africa came to the Court seeking the immediate suspension of the military operations in the Gaza Strip. It has wrongly sought to impute the crime of Cain to Abel. The Court rejected South Africa’s main contention and, instead, adopted measures that recall Israel’s existing obligations under the Genocide Convention. The Court has reaffirmed Israel’s right to defend its citizens and emphasized the importance of providing humanitarian aid to the population of Gaza. The provisional measures indicated by the Court are thus of a significantly narrower scope than those requested by South Africa.

2. Notably, the Court has emphasized that “all parties to the conflict in the Gaza Strip are bound by international humanitarian law”, which certainly includes Hamas.

Sebutinde was treating this matter as-if it were a civil trial over something such as whether an international contract had been fulfilled according to its terms by both sides, only one side, or no side. Is that type of reasoning appropriate in a case that had been brought by a third party against one party in a war against the other party in that war — specifically by South Africa against Israel as allegedly perpetrating genocide against (not “Palestinians” but instead) the residents in Gaza? If not, then Sebutinde is a dangerously unqualified person to be sitting on this Court. Furthermore: her factual allegations (such as “the acts allegedly committed by Israel were not accompanied by a genocidal intent”) are either demonstrably false or almost certainly false, such as by this evidence cited in South Africa’s case, which evidence she entirely ignored:

The Israeli Prime Minister also returned to the theme in his ‘Christmas message’, stating: “we’re facing monsters, monsters who murdered children in front of their parents … This is a battle not only of Israel against these barbarians, it’s a battle of civilization against barbarism”.445 On 28 October 2023, as Israeli forces prepared their land invasion of Gaza, the Prime Minister invoked the Biblical story of the total destruction of Amalek by the Israelites, stating: “you must remember what Amalek has done to you, says our Holy Bible. And we do remember”.446 The Prime Minister referred again to Amalek in the letter sent on 3 November 2023 to Israeli soldiers and officers.447 The relevant biblical passage reads as follows: “Now go, attack Amalek, and proscribe all that belongs to him. Spare no one, but kill alike men and women, infants and sucklings, oxens and sheep, camels and asses”.448

— President of Israel: On 12 October 2023, President Isaac Herzog made clear that Israel was not distinguishing between militants and civilians in Gaza, stating in a press conference to foreign media — in relation Palestinians in Gaza, over one million of whom are children: “It’s an entire nation out there that is responsible. It’s not true this rhetoric about civilians not aware not involved. It’s absolutely not true. … and we will fight until we break their backbone.”449 On 15 October 2023, echoing the words of Prime Minister Netanyahu, the President told foreign media that “we will uproot evil so that there will be good for the entire region and the world.”450 The Israeli President is one of many Israelis to have handwritten ‘messages’ on bombs to be dropped on Gaza.451

— Israeli Minister of Defence: On 9 October 2023, Defence Minister Yoav Gallant in an Israeli Army ‘situation update’ advised that Israel was “imposing a complete siege on Gaza. No electricity, no food, no water, no fuel. Everything is closed. We are fighting human animals and we are acting accordingly.”452 He also informed troops on the Gaza border that he had released all the restraints”,453 stating in terms that “Gaza won’t return to what it was before. We will eliminate everything.”454 …:

— Israeli Minister for National Security: On 10 November 2023, Itamar Ben-Gvir clarified the government’s position in a televised address, stating: “[t]o be clear, when we say that Hamas should be destroyed, it also means … those who support … — they’re all terrorists, and they should also be destroyed.”456

— Israeli Minister of Energy and Infrastructure: ‘Tweeting’ on 13 October 2023, Israel Katz stated: “All the civilian population in Gaza is ordered to leave immediately. We will win. They will not receive a drop of water or a single battery until they leave the world.”457 On 12 October 2023, he ‘tweeted’: “Humanitarian aid to Gaza? No electrical switch will be turned on, no water hydrant will be opened and no fuel truck will enter until the Israeli abductees are returned home. … And no one will preach us morality.”458

— Israeli Minister of Finance: On 8 October 2023, Bezalel Smotrich stated at a meeting of the Israeli Cabinet that “[w]e need to deal a blow that hasn’t been seen in 50 years and take down Gaza.”459

— Israeli Minister of Heritage: On 1 November 2023, Amichai Eliyahu posted on Facebook: “The north of the Gaza Strip, more beautiful than ever. Everything is blown up and flattened, simply a pleasure for the eyes … We must talk about the day after. In my mind, we will hand over lots to all those who fought for Gaza over the years and to those evicted from Gush Katif” [a former Israeli settlement].460 He later argued against humanitarian aid as “[w]e wouldn’t hand the Nazis humanitarian aid”, and “there is no such thing as uninvolved civilians in Gaza”.461 He also posited a nuclear attack on the Gaza Strip.462

— Israeli Minister of Agriculture: On 11 November 2023, Avi Dichter in a television interview recalled the Nakba of 1948, in which over 80 percent of the Palestinian population of the new Israeli State was forced from or fled their homes, stating that “[w]e are now actually rolling out the Gaza Nakba”.463 …

She ignored every one of those quotations — yet each one of them was core to South Africa’s case. It was core to the motivation for this genocide that is occurring in Gaza.

And the case isn’t merely about intention; it is very much also about what Israel is actually doing. For example: see this on that, which displays not the intent but instead the results of that genocidal intent.

Barak’s reasoning was different but almost as scandalously bad: blaming South Africa for having even brought the case. Furthermore: since this ‘judge’ in the trial was actually serving instead as a defense attorney for his country Israel, he can be expected to have been serving atrociously as a judge — the ICJ had brought in as judges both a South African and an Israeli jurist so as to get a ‘balanced’ instead of a fair verdict in it. They were, at least to a large extent, treating this criminal case as-if it were instead a civil one.

By contrast to Barack: Sebutinde, who is one of the 15 regular judges on that Court, is so scandalously inadequate that she ought to be fired post-haste. But clearly, the Court itself, from the top on down, simply cannot rationally be trusted. Its problems are deep and severe. The genocide case against Israel will drag on for years and yet even at its outset, South Africa had presented a more trustworthy verdict (its case) regarding Israel than the ICJ ever will be able to, unless the entire institution becomes radically changed so as to become decent.


Eric Zuesse is an investigative historian. His new book, America's Empire of Evil: Hitler’s Posthumous Victory, and Why the Social Sciences Need to Change, is about how America took over the world after World War II in order to enslave it to U.S.-and-allied billionaires. Their cartels extract the world’s wealth by control of not only their ‘news’ media but the social ‘sciences’ — duping the public. Read other articles by Eric.