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The Pronk Pops Show 1352, November 5. 2019, Story 1: Ukraine Was Interfering in United States 2016 Election For DNC and Clinton and President Trump Wants This Interference Investigated by New Ukraine Government — Videos — Story 2: Ukraine Natural Gas Company Burisma Lobbied State Department To Stop Being Investigated By Invoking Hunter Biden’s Name — Videos — Story 3: United States Withdrawing From Paris Climate Accord Agreement — Videos– Story 4: Trump’s New Stump Speech — Why Trump is President? — One of Life’s Mysteries, Sir — Videos —

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Washington Post Super Bowl message: Democracy Dies in Darkness

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Story 1: Ukraine Government Officials Were Interfering in United States 2016 Election For Clinton and Democrat National Committee (DNC) And President Trump Wants This Interference Investigated by Current Ukraine General Prosecutor — Many Countries Including United States Provide Other Countries Aid (Quid) Provided They Meet Certain Conditions (Que) Such As Publicly Acknowledging There Will Be An Investigation of 2016 Election Interference and Ukraine Natural Gas Company Burisma — Videos

Iconic Quid Pro Quo

Joe Biden Brags about getting Ukranian Prosecutor Fired

What Gordon Sondland and Kurt Volker said about U.S. aid to Ukraine

Hannity: I have never talked to anyone from Ukraine

Biden sidesteps questions about son’s foreign work

Joe Biden’s son’s firm linked to Chinese government: New book

Testimony suggests “quid pro quo” relationship between Trump and Ukraine

Dems set to release new transcripts from two key impeachment figures

PBS News Hour full episode November 5, 2019

First excerpts of Gordon Sondland and Kurt Volker transcripts released

Story 2: Ukraine Natural Gas Company Burisma Lobbied State Department To Stop Being Investigated By Invoking Hunter Biden’s Name — Videos —

NEW MEMO ON UKRAINE: Hunter Biden & associates used State Department to kill Burisma investigation

Glenn Beck Lays Out the Case Against The Media

Biden’s Ukraine Scandal Explained I Glenn Beck

Big Lie Media Propaganda Exposed

Glenn Beck Presents: Democracy Does Die In Darkness

Glenn heads back to the chalkboard to explain how the media is intentionally misleading and, in some cases, blatantly lying to absolve the Democrats from what they’ve been doing in Ukraine. Glenn breaks down their case against President Trump and Rudy Giuliani, and he shows why that isn’t the real story. Glenn devastatingly dismantles the medias disinformation campaign brick by brick.

A look at Hunter Biden’s time in Ukraine

Everything You Need to Know About Hunter Biden

Biden’s son booted from Navy after a positive cocaine…

Hunter Biden’s Ukraine Gas Firm Urged Obama Admin To End Corruption Allegations, Report Says

DailyWire.com
JANUARY 30: President of the United States Barack Obama and Vice President Joe Biden and Hunter Biden (son of Joe Biden) talk during a college basketball game between Georgetown Hoyas and the Duke Blue Devils on January 30, 2010 at the Verizon Center in Washington DC.
Mitchell Layton/Getty Images

In February 2016, a representative from Burisma sought to meet with Undersecretary of State Catherine A. Novelli to discuss the allegations of corruption that the U.S. government was making toward the company, according to memos obtained by award-winning investigative reporter John Solomon.

“Just three weeks before Burisma’s overture to State, Ukrainian authorities raided the home of the oligarch who owned the gas firm and employed Hunter Biden, a signal the long-running corruption probe was escalating in the middle of the U.S. presidential election,” Solomon wrote. “Hunter Biden’s name, in fact, was specifically invoked by the Burisma representative as a reason the State Department should help, according to a series of email exchanges among U.S. officials trying to arrange the meeting.”

A February 24, 2016, email between State Department officials stated:

Per our conversation, Karen Tramontano of Blue Star Strategies requested a meeting to discuss with U/S Novelli USG remarks alleging Burisma (Ukrainian energy company) of corruption. She noted that two high profile U.S. citizens are affiliated with the company (including Hunter Biden as a board member). Tramontano would like to talk with U/S Novelli about getting a better understanding of how the U.S. came to the determination that the company is corrupt. According to Tramontano there is no evidence of corruption, has been no hearing or process, and evidence to the contrary has not been considered. Would appreciate any background you may be able to provide on this issue and suggested TPs for U/S Novelli’s meeting.

“Tramontano was a lawyer working for Blue Star Strategies, a Washington firm that was hired by Burisma to help end a long-running corruption investigation against the gas firm in Ukraine,” Solomon added. “Tramontano and another Blue Star official, Sally Painter, both alumni of Bill Clinton’s administration, worked with New York-based criminal defense attorney John Buretta to settle the Ukraine cases in late 2016 and 2017.”

Solomon notes that a meeting was scheduled for March 1, 2016, between Tramontano and Novelli, although it was not known whether or not the meeting actually occurred.

However, a meeting was reportedly secured between Hunter Biden’s business partner and fellow Burisma board member, Devon Archer, and Secretary of State John Kerry.

John Solomon@jsolomonReports

Breaking: Memos detailing Hunter Biden’s contacts with Obama State Department released. VP son’s Ukrainian gas firm pressed US officials to end corruption allegations … just a month before Joe Biden forced firing of prosecutor overseeing case.https://johnsolomonreports.com/hunter-bidens-ukraine-gas-firm-pressed-obama-administration-to-end-corruption-allegations-memos-show/ 

This entire ordeal surrounding the actions of former Vice President Biden and his son have cast a cloud over the Biden campaign that has undoubtedly at least partially contributed to his fall in the polls against his Democratic rivals.

Last year, Biden bragged to an audience about how he threatened Ukrainian President Petro Poroshenko in March 2016 that if he did not fire the prosecutor that was investigating Burisma that he would withhold $1 billion in U.S. aid from the country.

Iconic Quid Pro Quo

Joe Biden Brags about getting Ukrainian Prosecutor Fired

“I said, ‘You’re not getting the billion.’ I’m going to be leaving here in, I think it was about six hours. I looked at them and said: ‘I’m leaving in six hours. If the prosecutor is not fired, you’re not getting the money,’” Biden told the audience. “Well, son of a bitch, he got fired.”

President Donald Trump and his campaign have hammered Biden over his remarks, which were recorded on video, in advertisements on social media and in targeted markets.

Donald J. Trump

@realDonaldTrump

This is the real corruption that the Fake News Media refuses to even acknowledge!

 

Ukraine Gas Firm Tied to Biden Lobbied State Department to End Corruption Allegations, Emails Show

7 CommentsNovember 5, 2019 Updated: November 5, 2019

The Ukrainian gas firm that hired Hunter Biden lobbied the Department of State in early 2016, just one month before then-U.S. Vice President Joe Biden forced the firing of a Ukrainian prosecutor who was investigating the same company, according to documents obtained as part of a Freedom of Information Act lawsuit.

On Feb. 24, 2016, a State Department official sent an email discussing an overture from a representative for Burisma, the Ukrainian gas firm, to Undersecretary of State Catherine Novelli. The Burisma representative argued that the allegations against the company were baseless, according to an email chain released as part of a lawsuit filed by investigative journalist John Solomon. The Burisma representative specifically cited Hunter Biden’s name as the reason for why the allegations should stop.

Earlier that month in 2016, Ukrainian authorities seized the property of Mykola Zlochevsky, the owner of Burisma, according to Interfax Ukraine. The seizure included several of Zlochevsky’s homes and a Rolls-Royce Phantom car.

“Per our conversation, Karen Tramontano of Blue Star Strategies requested a meeting to discuss with U/S Novelli USG remarks alleging Burisma (Ukrainian energy company) of corruption,” the email between State Department officials, whose names are blacked out, stated. “She noted that two high profile U.S. citizens are affiliated with the company (including Hunter Biden as a board member).

“Tramontano would like to talk with U/S Novelli about getting a better understanding of how the U.S. came to the determination that the company is corrupt. According to Tramontano, there is no evidence of corruption, has been no hearing or process, and evidence to the contrary has not been considered.”

At the time the email was sent, Novelli was the third-highest-ranking official at the State Department. Karen Tramontano was the CEO of Bluestar Strategies, a consulting firm retained by Burisma to address the corruption charges against it in Ukraine.

The email chain shows that Tramontano was scheduled to meet Novelli on March 1, 2016. While it’s unclear if that meeting took place, on the following day, March 2, 2016, Hunter Biden’s business partner, Devon Archer, met with Secretary of State John Kerry, another email obtained by Solomon shows.

“Devon Archer coming to see S today at 3pm—need someone to meet/greet him at C Street,” an email from Kerry’s office manager states.

Archer’s meeting with Kerry is notable because Kerry’s stepson, Chris Heinz, recently told The Washington Post that he advised Archer and Biden “that working with Burisma was unacceptable.”

“The lack of judgment in this matter was a major catalyst for Mr. Heinz ending his business relationships with Mr. Archer and Mr. Biden,” Heinz spokesman Chris Bastardi told the newspaper.

Hunter Biden and Archer joined the board of Burisma in 2014. Bank records released as part of an unrelated lawsuit show that Rosemont Seneca Bohai, a firm operated by Archer, received more than $160,000 per month from Burisma starting in May 2016. Rosemont Seneca Bohai regularly sent funds to Hunter Biden, the records show.

The seizure of Zlochevsky’s assets took place on Feb. 2, 2014. At the time, top Ukrainian corruption prosecutor Viktor Shokin led the probe.

Oleksandr Onyshchenko, a businessman and former member of the Ukrainian Parliament, told Reuters that Zlochevsky came up with the idea to appoint Hunter Biden to the board “to protect [the company].”

Weeks after Burisma lobbied the State Department and Archer met with Kerry, Joe Biden forced the firing of Shokin by threatening to withhold $1 billion in U.S. loan guarantees; Biden bragged about the move during a videotaped speech on a panel last year.

In a sworn statement, Shokin said that he was fired under pressure from Biden because he, Shokin, refused to drop the Burisma investigation.

The allegations about Joe and Hunter Biden are in the public spotlight because of the ongoing impeachment inquiry into President Donald Trump. An anonymous whistleblower’s complaint that triggered the inquiry alleged that Trump may have pressured Ukraine to investigate the Bidens.

According to a transcript of the July 25 call between Trump and Ukrainian President Volodymyr Zelensky, Trump referenced Shokin’s firing when asking the Ukrainian leader to investigate the younger Biden.

The whistleblower alleged that Trump’s request to Zelensky may have amounted to a campaign finance violation. The Department of Justice reviewed the complaint and determined that no further action was necessary.

In an interview with ABC News, Hunter Biden admitted that joining Burisma was a political error, but defended his work. Biden stepped down from the board of Burisma in April, according to a statement from his lawyer.

https://www.theepochtimes.com/hunter-bidens-ukraine-gas-firm-lobbied-state-department-to-end-corruption-allegations-emails-show_3137480.html

US Attorney John Durham looking into Ukrainian involvement in 2016 election

A Department of Justice team led by U.S. Attorney John Durham is separately exploring the extent to which a number of countries, including Ukraine, played a role in the counterintelligence investigation directed at the Trump campaign during the 2016 election,” DOJ spokeswoman Kerri Kupec said Wednesday. “While the Attorney General has yet to contact Ukraine in connection with this investigation, certain Ukrainians who are not members of the government have volunteered information to Mr. Durham, which he is evaluating.”

Durham has been Barr’s right hand as the two look into the complicated and classified issues surrounding how an investigation into the Trump campaign’s alleged ties with Russia — dubbed “Crossfire Hurricane” — got its start, though the U.S. attorney from Connecticut has been virtually silent since his selection.

The DOJ’s statement comes as the White House released a transcript of the controversial July 25 phone call between President Trump and Ukrainian President Volodymyr Zelensky in which Trump suggests that Ukraine should investigate Biden and his son Hunter, who was on the board of a company owned by Ukrainian oligarch Mykola Zlochevsky. Zlochevsky was being investigated by top prosecutor Viktor Shokin, though it is in dispute how serious that investigation was. Trump also suggested that Ukraine should look into issues surrounding the alleged involvement of some Ukrainians in interfering in the 2016 presidential election.

Biden boasted in 2018 that, as vice president, he threatened to withhold $1 billion in U.S. loan guarantees if Ukraine didn’t fire Shokin, which Trump’s allies have said was because of the investigation, but Democrats have said was part of a U.S. and European effort to oust Shokin as ineffective and a hindrance to Ukraine’s anti-corruption investigations. Ukraine removed Shokin in 2016.

DOJ also made it clear that Trump never told Barr to contact Ukraine about any investigation of Biden, nor did Barr ever discuss these issues with Ukraine or with Trump’s attorney, Rudy Giuliani.

Trump gave Barr “ full and complete authority to declassify information” related to the origins of the Trump-Russia probe in May after Barr had infuriated Democrats when he said “spying did occur” on the Trump campaign and refused to backtrack. Republicans have alleged that foreign intelligence agencies, like those in Western Europe, may have played a role in eavesdropping on or otherwise monitoring Trump campaign associates in 2016.

Durham’s investigation is separate from the one that was just finished by DOJ Inspector General Michael Horowitz. The DOJ watchdog investigated allegations of abuses of the Foreign Intelligence Surveillance Act by the DOJ and FBI, and Horowitz has spoken with Durham, who is handling any criminal referrals from Horowitz’s investigation.

https://www.washingtonexaminer.com/news/u-s-attorney-john-durham-looking-into-ukrainian-involvement-in-2016-election

Joe Biden, His Son and the Case Against a Ukrainian Oligarch

Hunter Biden at a campaign event in 2008. He sits on the board of one of Ukraine’s largest natural gas companies.
Credit…Ozier Muhammad/The New York Times

WASHINGTON — When Vice President Joseph R. Biden Jr.traveled to Kiev , Ukraine, on Sunday for a series of meetings with the country’s leaders, one of the issues on his agenda was to encourage a more aggressive fight against Ukraine’s rampant corruption and stronger efforts to rein in the power of its oligarchs.

But the credibility of the vice president’s anticorruption message may have been undermined by the association of his son, Hunter Biden, with one of Ukraine’s largest natural gas companies, Burisma Holdings, and with its owner, Mykola Zlochevsky, who was Ukraine’s ecology minister under former President Viktor F. Yanukovych before he was forced into exile.

Hunter Biden, 45, a former Washington lobbyist, joined the Burisma board in April 2014. That month, as part of an investigation into money laundering, British officials froze London bank accounts containing $23 million that allegedly belonged to Mr. Zlochevsky.

Britain’s Serious Fraud Office, an independent government agency, specifically forbade Mr. Zlochevksy, as well as Burisma Holdings, the company’s chief legal officer and another company owned by Mr. Zlochevsky, to have any access to the accounts.

But after Ukrainian prosecutors refused to provide documents needed in the investigation, a British court in January ordered the Serious Fraud Office to unfreeze the assets. The refusal by the Ukrainian prosecutor general’s office to cooperate was the target of a stinging attack by the American ambassador to Ukraine, Geoffrey R. Pyatt, who called out Burisma’s owner by name in a speech in September.

“In the case of former Ecology Minister Mykola Zlochevsky, the U.K. authorities had seized $23 million in illicit assets that belonged to the Ukrainian people,” Mr. Pyatt said. Officials at the prosecutor general’s office, he added, were asked by the United Kingdom “to send documents supporting the seizure. Instead they sent letters to Zlochevsky’s attorneys attesting that there was no case against him. As a result, the money was freed by the U.K. court, and shortly thereafter the money was moved to Cyprus.”

Mr. Pyatt went on to call for an investigation into “the misconduct” of the prosecutors who wrote the letters. In his speech, the ambassador did not mention Hunter Biden’s connection to Burisma.

But Edward C. Chow, who follows Ukrainian policy at the Center for Strategic and International Studies, said the involvement of the vice president’s son with Mr. Zlochevsky’s firm undermined the Obama administration’s anticorruption message in Ukraine.

“Now you look at the Hunter Biden situation, and on the one hand you can credit the father for sending the anticorruption message,” Mr. Chow said. “But I think unfortunately it sends the message that a lot of foreign countries want to believe about America, that we are hypocritical about these issues.”

Speaking during a visit to Ukraine, Vice President Joseph R. Biden Jr. urged the country to weed corruption out of its system.CreditCredit…Mikhail Palinchak/Ukrainian Presidential Press Service

“Hunter Biden is a private citizen and a lawyer,” she said. “The vice president does not endorse any particular company and has no involvement with this company. The vice president has pushed aggressively for years, both publicly with groups like the U.S.-Ukraine Business Forum and privately in meetings with Ukrainian leaders, for Ukraine to make every effort to investigate and prosecute corruption in accordance with the rule of law. It will once again be a key focus during his trip this week.”

Ryan F. Toohey, a Burisma spokesman, said that Hunter Biden would not comment for this article.

It is not known how Mr. Biden came to the attention of the company. Announcing his appointment to the board, Alan Apter, a former Morgan Stanley investment banker who is chairman of Burisma, said, “The company’s strategy is aimed at the strongest concentration of professional staff and the introduction of best corporate practices, and we’re delighted that Mr. Biden is joining us to help us achieve these goals.”

Joining the board at the same time was one of Mr. Biden’s American business partners, Devon Archer. Both are involved with Rosemont Seneca Partners, an American investment firm with offices in Washington.

Mr. Biden is the younger of the vice president’s two sons. His brother, Beau, died of brain cancer in May. In the past, Hunter Biden attracted an unusual level of scrutiny and even controversy. In 2014, he was discharged from the Navy Reserve after testing positive for cocaine use. He received a commission as an ensign in 2013, and he served as a public affairs officer.

Before his father was vice president, Mr. Biden also briefly served as president of a hedge fund group, Paradigm Companies, in which he was involved with one of his uncles, James Biden, the vice president’s brother. That deal went sour amid lawsuits in 2007 and 2008 involving the Bidens and an erstwhile business partner. Mr. Biden, a graduate of Georgetown University and Yale Law School, also worked as a lobbyist before his father became vice president.

Burisma does not disclose the compensation of its board members because it is a privately held company, Mr. Toohey said Monday, but he added that the amount was “not out of the ordinary” for similar corporate board positions.

Asked about the British investigation, which is continuing, Mr. Toohey said, “Not only was the case dismissed and the company vindicated by the outcome, but it speaks volumes that all his legal costs were recouped.”

In response to Mr. Pyatt’s criticism of the Ukrainian handling of Mr. Zlochevsky’s case, Mr. Toohey said that “strong corporate governance and transparency are priorities shared both by the United States and the leadership of Burisma. Burisma is working to bring the energy sector into the modern era, which is critical for a free and strong Ukraine.”

Vice President Biden has played a leading role in American policy toward Ukraine as Washington seeks to counter Russian intervention in Eastern Ukraine. This week’s visit was his fifth trip to Ukraine as vice president.

Ms. Bedingfield said Hunter Biden had never traveled to Ukraine with his father. She also said that Ukrainian officials had never mentioned Hunter Biden’s role with Burisma to the vice president during any of his visits.

“I’ve got to believe that somebody in the vice president’s office has done some due diligence on this,” said Steven Pifer, who was the American ambassador to Ukraine from 1998 to 2000. “I should say that I hope that has happened. I would hope that they have done some kind of check, because I think the vice president has done a very good job of sending the anticorruption message in Ukraine, and you would hate to see something like this undercut that message.”

https://www.nytimes.com/2015/12/09/world/europe/corruption-ukraine-joe-biden-son-hunter-biden-ties.html

 

 

Burisma Holdings

From Wikipedia, the free encyclopedia

Jump to navigationJump to search

 
Private
Industry Oil and gas
Founded 2002
Founder Mykola Zlochevsky
Headquarters

,

Key people
Mykola Zlochevsky (President)
Taras Burdeinyi (CEO)[1]
Alan Apter (Chairman)[2]
Products Natural gas
Services Drilling
Owner Brociti Investments Limited
Subsidiaries Burisma Services
Aldea
Esko-Pivnich
Persha Ukrainska Naftogazova Kompaniya
GasOilInvest
KUB-Gas
Naftogaz Garant
Naftogazopromyslova geologiya
Pari
Nadragas
Nadragasvydobuvannya
SystemOilEngineering
Tehnokomservis
Website burisma-group.com/eng/

Burisma Holdings Limited (UkrainianБурісма ХолдингсGreekΜπουρίσμα Χόλντιγκς) is a holding company for a group of energy exploration and production companies. It is based in KyivUkraine, though registered in LimassolCyprus. Burisma Holdings has operated in the Ukrainian natural gas market since 2002. It is one of the largest private natural gas producers in Ukraine.[3][4] It is owned by Mykola Zlochevsky through his company Brociti Investments Limited (UkrainianБросіті Інвестментс Лімітед).

Burisma’s subsidiaries include Esko-Pivnich, Pari, Persha Ukrainska Naftogazova Kompaniya, Naftogaz Garant, KUB-Gas and Astroinvest-Ukraine.[5][6][7]

 

History

Burisma was founded in 2002.[8][9] Consolidation of the Burisma Group took place mainly in 2006 and 2007.[1] It became a major shareholder of Sunrise Energy Resources, a Delaware Corporation, which in 2004 acquired Ukrainian companies Esko-Pivnich (UkrainianЕско-Північ) and Pari (UkrainianПарі), which owned natural gas exploration licences.[10] In 2009, shares in these companies were transferred to Millington Solutions Limited.[10] However, shortly thereafter Millington ceased to exist, and Burisma claimed ownership of those two companies. In 2012, Persha Ukrainska Naftogazova Kompaniya (First Ukrainian Oil and Gas Company, UkrainianПерша Українська нафтогазова компанія), Naftogaz Garant (Oil and Gas Guarantee, UkrainianНафтогаз гарант), and KrymTopEnergoServis (CrimeaTopEnergoService, UkrainianКримтопенергосервіс) became a part of the Burisma Group.[11][12][13]

In 2014, Burisma signed a cooperation agreement with KazMunayGas, the national oil and gas company of Kazakhstan.[14] In 2016, Burisma bought two hydraulic fracturing (fracking) fleets.[15] In 2017, it bought a 3,000-horsepower Service King Manufacturing SK 3000 drilling rig for $40 million (USD); it was the most powerful drilling rig in Eastern Europe at the time.[16]

In February 2016, Burisma acquired a 70% stake in KUB-Gas (КУБ-Газ).[5] In 2017, it bought a majority stake in Diloretio Holdings Limited, a company which owned Ukrainian gas companies SystemOilEngineering (UkrainianСистемойлинжиниринг), Naftogazopromyslova geologiya, (Oil and Gas Industrial Geology, UkrainianНафтогазпромислова геологія), and Tehnokomservis (TechnoComService, UkrainianТехнокомсервіс).[17] Also in 2017, Burisma bought Nadragasvydobuvannya (Subsoil Gas Extraction, UkrainianНадрагазвидобування)[18] and GasOilInvest (Гасоілінвест).[19] In April 2019, Burisma acquired Astroinvest Ukraine (Астроінвест-Україна), a natural gas trader.[6]

In 2015, Burisma was one of the founders of the International Forum on Energy Security for the Future and partnered the Electric Marathon.[20] In 2017, it signed a partnership agreement with the Atlantic Council to promote anti-corruption measures.[21][22]

Operations

Burisma’s primary operations are in Ukraine, supplemented by activities in Germany, Mexico, Italy, and Kazakhstan.[15] It holds 35 gas production licences in Ukraine in the Dnieper-DonetsCarpathian, and AzovKuban Basins.[5][8] Exploration and production activities are carried out at eight sites in five regions.[23] Burisma also provides natural gas well services, including hydraulic fracturing.[15] Burisma plans to build a liquefied petroleum gas (LPG) plant in Kharkiv with a capacity of 50,000 tonnes per year.[7]

In 2016, Burisma was the second largest privately owned natural gas producer in Ukraine after DTEK,[4] accounting for 26% of all natural gas produced by privately owned companies and more than 5% of total gas production in Ukraine.[4][24] According to the company, it produced 1.3 billion cubic metres (4.6×1010 cubic feet) of natural gas in Ukraine in 2018.[8]

In Kazakhstan, the company has provided drilling services to KazMunayGas and its subsidiaries, including at the Urikhtau gas field.[25] In Italy, Burisma develops three geothermal power projects in partnership with Gesto Investimento e Gestão.[25]

Burisma’s subsidiary Esko-Pivnich operates in the Kharkiv Oblast, and Pari operates in Western Ukraine (LvivIvano-Frankivsk and Chernivtsi oblasts).[26] KUB-Gas operates in Luhansk Oblast,[5] GasOilInvest in Poltava Oblast,[19] and Nadragasvydobuvannya in Dnipropetrovsk Oblast.[27] Burisma also owned KrymTopEnergoServis, a company which leased three gas deposits in Crimea.[13][26][28] However, after annexation of Crimea by the Russian Federation, KrymTopEnergoServis ceased operation as Burisma subsidiary.[28]

Corporate matters

Ownership

Burisma Holdings is owned by Brociti Investments Limited, a Cyprus-based company owned by Ukrainian former politician and businessman Mykola Zlochevsky. Zlochevsky was minister of natural resources under Viktor Yanukovych, the president of Ukraine.[29] Brociti Investments acquired Burisma Holdings in 2011.[30] Before that acquisition, Mykola Zlochevsky and Mykola Lisin each owned a 50% interest in Burisma Holdings.[10][30][31] Lisin, a Ukrainian politician, died in a traffic accident in 2011.[31]

Management

Aleksander Kwaśniewski, former President of the Republic of Poland, was appointed to the board in January 2014.[32][33]

Taras Burdeinyi is the chief executive officer of Burisma Holdings,[1] and Alan Apter is chairman of the board of directors.[2] As of 14 October 2019, the members of the board of directors, in order of seniority, are Alan Apter, Aleksander KwaśniewskiJoseph Cofer Black , Karina Zlochevska, Christina Sofocleous, Riginos Charalampous, and Marina Pericleous.[2][34] Aleksander Kwaśniewski, former president of Poland, joined the board in January 2014.[32][33] In February 2016, Joseph Cofer Black, former director of the Counterterrorism Center of the Central Intelligence Agency (1999–2002) in the George W. Bush administration and former Ambassador-at-Large for counter-terrorism (2002–2004), was appointed to the board.[35] Karina Zlochevska, daughter of Mykola Zlochevskiy, was also appointed in February 2016.[2]

In April 2014, Devon Archer, a former senior adviser to the John Kerry 2004 presidential campaign, and Hunter Biden, an attorney and the son of then-US vice president Joe Biden, joined the board.[32][36] Archer left the company in 2018[37] and Biden left in April 2019, when his term as a director expired.[8]

Financial results

Burisma Holdings does not disclose its financial results.[8][15] It has been calculated, based on a minimal natural gas price, that the company’s revenue in 2018 may have totaled at least US$400 million.[8]

Investigations

Office of the Prosecutor General of Ukraine and National Anti-Corruption Bureau of Ukraine (NABU) have conducted in total 15 investigations on Burisma’s owner Zlochevsky.[38] In 2016, former Prosecutor General Yuriy Lutsenko accused Burisma subsidiaries of conspiracy and tax evasion about one billion hryvnias (US$70 million) in 2014–2015, but later during investigation subsidiaries of Burisma were not mentioned.[39] Tax audit of Esko-Pivnich by the State Fiscal Service found some violations in 2016. As a result, 50 million hryvnias (US$1.9 million) of additional taxes was paid to eliminate criminal charges.[39] In total, Burisma paid additional 180 million hryvnias (US$7.44 million) of taxes to avoid further criminal proceedings.[8][23] A criminal investigation was conducted if natural resources extraction licenses were issued to Burisma subsidiaries legally during the period Zlochevsky held government office. Although violations of the procedure were established by NABU, the Specialized Anti-Corruption Prosecutor’s Office missed procedural deadlines for a lawsuit and the case for nullifying licesenses was dismissed by the court.[39] In October 2019, Prosecutor General Ruslan Riaboshapka announced that all 15 investigation cases will be reviewed.[38]

See also

References

External links

https://en.wikipedia.org/wiki/Burisma_Holdings

Mykola Zlochevsky

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Mykola Zlochevsky
Микола Злочевський
ZlochevskiyN.jpg
12th Minister of Ecology and Natural Resources
In office
July 2, 2010 – April 20, 2012
Prime Minister Mykola Azarov
Preceded by Viktor Boiko
Succeeded by Eduard Stavytsky
deputy secretary for Economic and Social Security on the National Security and Defense Council
In office
April 20, 2012 – February 26, 2014
President Viktor Yanukovych
Secretary Andriy Klyuev
Personal details
Born
Микола Владиславович Злочевський

June 14, 1966 (age 53)
KievUkrainian SSR

Residence Monaco
Education International University of Business and Law in Kherson [uk] – Accounting and Auditing
Odessa Law Academy – Law Faculty
Known for Burisma Holdings
Zlochevski photo.jpg

Mykola Vladislavovich Zlochevsky (UkrainianМикола Владиславович Злочевський; born June 14, 1966 in Kiev) is a Ukrainian oligarch[1] businessman and politician who was Minister of Ecology and Natural Resources from July 2010 till April 2012 and was the deputy secretary for Economic and Social Security on the National Security and Defense Council from April 2012 until February 2014 when Euromaidan occurred.[2][3][4]

Biography

Business

In 2002, he co-founded the largest independent oil and natural gas company Burisma Holdings with Ukrainian businessman Mykola Lisin [uk].[5][6] Through his sole ownership of Cyprus-registered Burisma Holdings, he owns the Ukrainian gas and oil producers Aldea, Pari, Esko-Pivnich, and the First Ukrainian Petroleum Company and the investment group Brociti Investments.[7][8][9][10][11][12][excessive citations]

Governmental posts

Zlochevsky served as Ecology and Natural Resources Minister during the most of the first cabinet of Mykola Azarov,[3] and during both the later part of Azarov’s first government and all of Azarov’s second government, he served as deputy secretary on National Security and Defense Council (NSDC) of the President of Ukraine Viktor Yanukovych.[2]

Investigations

At the end of 2014, Zlochevsky fled Ukraine amid allegations of unlawful self enrichment and legalization of funds (Article 368-2, Criminal Code of Ukraine) during his tenure in public office.[13] At the end of 2016 the Central Criminal Court in London released $23 million that were blocked on accounts of Zlochevsky.[13][14] The Serious Fraud Office stated that the funds were released due to inadequate evidence.[13]

Zlochevsky returned to Ukraine in February 2018 after investigations into his Burisma Holdings had been completed in December 2017 with no charges filed against him.[10][15]

On April 18, 2018, recordings of conversations between President of UkrainePetro Poroshenko and Zlochevsky were released which implicated him in graft.[4][16][17]

On June 15, 2018, after the Solomyansky District Court in Kyiv had annulled the ruling of the Specialized Anti-Corruption Prosecutor’s Office (SAP) to close a criminal proceeding against him in 2017, Zlochevsky was accused of having illegally issued, while he was Ecology Minister in 2010–2012, oil and gas licenses to the companies that belonged to him.[18]

As of 2019, Zlochevsky is reported to live in Monaco.[14]

References

  1. ^ James Risen, James. “Joe Biden, His Son and the Case Against a Ukrainian Oligarch”. New York Times. Retrieved 6 October 2019.
  2. Jump up to:ab “Search for gas and oil is key task of Ecology Ministry, says PM”Interfax-Ukraine. April 23, 2012. Retrieved September 18, 2018.
  3. Jump up to:ab “Azarov orders new minister to develop environmental protection strategy”Interfax-Ukraine. May 3, 2012. Retrieved September 18,2018.
  4. Jump up to:ab “VIP-клієнти Миколи Злочевського (розслідування)”Radio Svoboda (in Ukrainian). February 2, 2017. Retrieved September 18, 2018.
  5. ^ Kupfer, Mark (April 13, 2018). “11 people control much of Ukraine’s oil and gas sector”Kyiv Post. Retrieved September 18, 2018.
  6. ^ Bullough, Oliver (April 12, 2017). “The money machine: how a high-profile corruption investigation fell apart”The Guardian. Retrieved September 18, 2018.
  7. ^ Timtchenko, Ilya (January 8, 2015). “Prosecutors put Zlochevsky, multimillionaire ex-ecology minister, on wanted list”Kyiv Post. Retrieved September 18, 2018.
  8. ^ Gorchinskaya, Katya; Andrushko, Serhiy (July 31, 2015). “Former Ukrainian Official On The Lam In Alligator Shoes?”VOA. Retrieved September 18, 2018.
  9. ^ “11 politically exposed persons own a quarter of all permits for extraction of oil and gas in Ukraine –Report: Who Owns the Oil and Gas Fields of Ukraine?”Anticorruption Action Centre. April 13, 2018. Retrieved September 18, 2018.
  10. Jump up to:ab “Burisma: all cases against group and group’s president Zlochevsky in Ukraine closed”Interfax-Ukraine. December 1, 2017. Retrieved September 18, 2018.
  11. ^ “Zlochevsky’s Brociti Investments formalizing control over two oil and gas companies”Interfax-Ukraine. Retrieved September 18, 2018.
  12. ^ “Burisma Holdings”PEP.ua.org. Retrieved September 19, 2018.
  13. Jump up to:abc Liliya Hryshko. Lifehack from Zlochevsky, how to return to Ukraine (Лайфхак від Злочевського – як повернутись в Україну). Deutsche Welle. 7 February 2017
  14. Jump up to:ab Roman Olearchyk; Max Seddon (29 September 2019). “Ukraine gas company feels heat of US impeachment probe”Financial Times. Retrieved 6 October 2019.
  15. ^ “Media: Ex-Minister of Ecology from the Yanukovych administration returned to Ukraine”. UA Wire. February 3, 2018. Retrieved September 18, 2018.
  16. ^ Sukhov, Oleg (April 20, 2018). “Onyshchenko releases alleged recording implicating Poroshenko, Zlochevsky in graft”Kyiv Post. Retrieved September 18, 2018.
  17. ^ “Ukraine’s presidential administration calls Onyshchenko recordings about Zlochevsky fake”Interfax-Ukraine. April 19, 2018. Retrieved September 18, 2018.
  18. ^ Romanyshyn, Yuliana (June 16, 2018). “Court reinstates case against Mykola Zlochevsky”Kyiv Post. Retrieved September 18, 2018.

External links

https://en.wikipedia.org/wiki/Mykola_Zlochevsky

Gordon Sondland

From Wikipedia, the free encyclopedia

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Gordon Sondland
Gordon Sondland official photo.jpg
United States Ambassador to the European Union
Assumed office
July 9, 2018
President Donald Trump
Preceded by Anthony L. Gardner
Personal details
Born
Gordon David Sondland

1957 (age 61–62)
SeattleWashington, U.S.

Political party Republican
Spouse(s) Katherine Durant
Education University of Washington (BA)

Gordon D. Sondland (born 1957)[1] is the United States Ambassador to the European Union.[2] He is also the founder and chairman of Provenance Hotels and co-founder of the merchant bank Aspen Capital. He was a major donor to Donald Trump’s 2016 presidential campaign, and testified to Congress in the Trump–Ukraine scandal.

Career

Provenance Hotels

Sondland’s company, Provenance Hotels, owns and manages hotels throughout the United States, including the Hotel Max and Hotel Theodore in Seattle, Washington; Hotel Murano in Tacoma, Washington; Hotel deLuxe, Hotel Lucia, Sentinel, Dossier, and Heathman Hotel in Portland, Oregon; The Hotel Preston in Nashville, Tennessee; and Old No. 77 Hotel and Chandlery in New Orleans, Louisiana.[3]

In 1998, Sondland purchased and redeveloped four hotels in Seattle, Portland, and Denver including Seattle’s Alexis Hotel in partnership with Bill Kimpton. Sondland also is a principal in Seattle’s Paramount Hotel.[4][5]Through Provenance Hotels, Sondland is developing hotel projects throughout the US, including in SeattleHermosa Beach, CA and Los Angeles, CA. Provenance Hotels specializes in adaptations of old buildings such as with the Hotel Murano in Tacoma, WA, which used to be a conference Sheraton, but now includes glass art by 46 artists including Seattle’s Dale Chihuly.[6] Provenance is also known for designing or remodeling each hotel around themes that contain elements that relate to a location’s history, art, culture, and local businesses.[7]

In 2013, Sondland and Provenance completed a renovation of Portland’s historic Governor Hotel, renaming it Sentinel.[8] In December 2015, Sondland and Provenance announced the establishment of the company’s first real estate investment fund, Provenance Hotel Partners Fund I. The $525 million fund was created specifically for hotel real estate investment and, at the time of its announcement, was the fourth largest fund ever launched in the state of Oregon.[9]

In 2017, Provenance Hotels expanded its practice of revitalizing and rebranding hotels with locally-inspired art and design as a service to other hoteliers.[10]

United States ambassador to the European Union

Sondland at the United States–EU Energy Council meeting in Brussels on July 12, 2018

Sondland donated $1 million to the inaugural committee of Donald Trump.[11] On March 12, 2018, the Wall Street Journal reported that President Trump selected Sondland to be the next United States ambassador to the European Union.[12] On May 10, 2018, the White House announced that Sondland’s nomination had been sent to the U.S. Senate.[13] He was confirmed by the Senate on June 28, 2018.[2] On July 9, 2018, Sondland presented his credentials at the European Commission and to President of the European Council Donald Tusk.[14]

Sondland’s nomination received bipartisan support during his confirmation hearing before the Senate Foreign Relations Committee on June 21, 2018.[15] Both Sen. Ron Wyden (D-Ore.) and Sen. Thom Tillis (R-N.C.) testified in support of Sondland.[16] Sen. Wyden suggested that Sondland’s “family history is both fascinating and instructive as to why he has the experience and understanding to serve as the U.S. Ambassador to the E.U.,” noting how his Jewish parents fled Nazi Germany before coming to the United States.[15][17]

As ambassador, Sondland has made strengthening US-EU trade relations a top priority.[18] He has supported using a strong US-EU economic partnership to counter what Sondland has called “economic aggression and unfair trade practices” from China.[19][20] In pursuit of this end, Sondland has promoted the idea of giving European governments access to the Committee on Foreign Investment in the United States (CFIUS) to allow them to better screen investors.[18]

Sondland has also pledged to work with the EU to address global security threats.[21] He has been the Trump Administration’s lead in talks with EU member countries on the U.S.’s decertification and withdrawal from the Iran Nuclear Deal.[22][23] Sondland has repeatedly criticized EU member countries’ creation of a “special purpose vehicle” (SPV) to bypass reimposed U.S. sanctions on Iran, calling the SPV a “paper tiger.”[22][24][25]

Sondland has also been a vocal opponent of the construction of Russia’s Nord Stream 2 pipeline, which would transport gas across the Baltic Sea to the EU.[26] He has argued that the pipeline would leave the EU dependent upon Russia for its energy needs and increase Russia’s leverage on key U.S. allies in NATO.[27] Sondland argued that “Putin uses energy as a political weapon. The EU should not rely on a bare-chested version of the Harry Potter villain Lord Voldemort as a supplier, even if his gas is a bit cheaper.”[28]

Sondland has also worked on data protection rules regarding U.S. compliance with the EU-US privacy shield.[29]

Trump–Ukraine scandal

Gordon Sondland as part of the U.S. delegation at the inauguration of Volodymyr Zelensky.

On September 26, 2019, the United States House Permanent Select Committee on Intelligence released the unclassified text of the whistleblower complaint regarding the interactions between US President Donald Trump and Ukrainian President Volodymyr Zelensky.[30] In this document, Ambassador Sondland, along with the U.S. Special Representative for Ukraine Negotiations, Ambassador Kurt Volker, were described as having “provided advice to the Ukrainian leadership about how to ‘navigate’ the demands that the President had made of Mr. Zelenskyy”.[31] After further investigation, The Washington Post concluded that Sondland had “seized control of the Ukraine portfolio to help Trump.”[32]

In the complaint released by the US Select committee on Intelligence, Sondland’s involvement in President Donald Trump’s alleged criminal activity was outlined in a text conversation with the interim US chargé d’affaires for Ukraine Bill Taylor:

[9/9/2019, 12:47:11 AM] Bill Taylor: As I said on the phone, I think it’s crazy to withhold security assistance for help with a political campaign.

[9/9/2019, 5:19:35 AM] Gordon Sondland: Bill, I believe you are incorrect about President Trump’s intentions. The President has been crystal clear no quid pro quo’s of any kind. The President is trying to evaluate whether Ukraine is truly going to adopt the transparency and reforms that President Zelensky promised during his campaign I suggest we stop the back and forth by text If you still have concerns I recommend you give Lisa Kenna or S a call to discuss them directly. Thanks.[33]

It took Sondland approximately 5 hours to reply to Taylor’s text message, and it was later revealed that Sondland had called Trump prior to writing a response, in which the president repeated the phrase “no quid pro quo” several times.[34]

On October 8, the Trump administration attempted to block Sondland from testifying in the impeachment inquiry against Donald Trump.[35] Sondland testified October 17, 2019.[36][37][38][39][40][41]

On November 5, the New York Times reported that Sondland had provided updated testimony stating that he did in fact view delivery of the aid package as contingent upon the Ukrainian government publicly opening the anticorruption investigation desired by the Trump administration. According to the testimony, he relayed this position to Ukrainian government officials.[42]

Deputy Assistant to the President and Senior Director for Europe and Russia on the National Security Council staff Fiona Hill viewed Sondland as a U.S. national security risk because he was so unprepared for his job, but did not accuse Sondland of acting maliciously or intentionally putting the country at risk, describing him during impeachment testimony as a Trump donor-turned-ambassador.[43]

Political involvement

Sondland was a member of the transition team for Oregon Democratic Governor Ted Kulongoski‘s administration and was appointed by Kulongoski to serve on the board of the Governor’s Office of Film & Television.[44] He was appointed the commission’s chair in 2002 and has served in that capacity until 2015.[45] During his tenure on the film board, Sondland was instrumental in bringing the production of such television series as LeverageThe Librarians and Grimm to Oregon[46] and presided over the state securing the production of feature-length films such as Wild starring Reese Witherspoon, Thumbsucker starring Tilda Swinton and The Ring Two starring Naomi Watts. At the 2015 Oregon Film Annual Governor’s Awards, Sondland received the “Achievement in Film Service Award” for his role in growing Oregon’s film industry.[47]

Sondland also served as Oregon liaison to the White House. As an advisor to Kulongoski, Sondland suggested appointing Ted Wheeler as state treasurer, which Kulongoski did in 2010.[48] In 2007 President George W. Bush appointed Sondland as a member of the Commission on White House Fellows.[49] Sondland collaborated with President Bush and Jay Leno on an annual charitable auction of an autographed vehicle, with proceeds benefitting the Fisher House Foundation and the George W. Bush Foundation’s Military Service Initiative.[50] He was a bundler for Mitt Romney’s 2012 Presidential campaign, and in 2012, Sondland was selected to serve as a member of Mitt Romney‘s presidential transition team.[1]

During the 2016 United States presidential election, Sondland initially supported Donald Trump, but cancelled a fundraiser and repudiated Trump for his attacks on Khizr and Ghazala Khan.[1] In April 2017, it was revealed that 4 companies registered to Sondland donated $1 million to the Donald Trump inaugural committee.[51][52][53]

Philanthropy

Sondland is a former member of the board of trustees at the Oregon Health & Science University foundation.[44]

Sondland founded the Gordon Sondland and Katherine J. Durant Foundation in 1999, which was established to “help families and boost communities”; it has given money to various non-profits including $1,000,000 to the Portland Art Museum to endow permanent access for children under the age of eighteen.[54] The Foundation helped establish a Distinguished Chair in Spine for pediatric orthopedic spine research at the Texas Scottish Rite Hospital for Children in 2012.[citation needed] In 2014, the Foundation gave a $1,000,000 endowment to Oregon Health & Science University to establish the Sondland-Durant Distinguished Research Conference, a cancer research summit to begin in 2016.[55] In 2017, the Center for Innovation and Entrepreneurship at Duke University was created with the support of the Foundation.[citation needed]

Personal life

Sondland was born in Seattle, Washington, the son of Frieda (Piepsch) and Gunther Sondland.[56] He is married to Katherine Durant, who is the founder and managing partner of Atlas/RTG, a holding company with a portfolio of shopping centers throughout Oregon.[citation needed] Sondland is Jewish.[15][17] Until 2016, Durant was the Chairperson of the Oregon Investment Council, the body that oversees the over $85 billion Public Employees Retirement System Fund.[57] They have two children.

See also

References…

https://en.wikipedia.org/wiki/Gordon_Sondland

Memorandum of conversation

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Example: Memorandum of conversation of meeting led by Brent Scowcroft (1976)

Memorandum of conversation (abbrev.: MEMCON) and also memorandum of a conversation and memo to the file refers to a method of contemporaneous documentation of a conversation in the form of a memorandum used by the United States federal government.[1][2]

The Weekly Standard characterized the use of the tactic in the U.S. government as among “the most basic ways of Washington”.[2]

 

Method

Typically an individual will document the events of the conversation as soon as possible after the occurrence.[1] All material statements and discussed items are quoted and described as accurately as possible soon after the discussion and filed for future reference.[1] Memcons function as documentation of historical events, such as conversations between heads of state and law enforcement officials.[3] Specific developments discussed, the time of the meeting, location, and individuals in attendance are all documented in-depth within the memo.[1][2]

United States Department of Justice attorneys and Federal Bureau of Investigation special agents commonly make use of memoranda of conversation.[1] A majority of intermediate-rank managerial staff and bureaucrats within the U.S. federal government consistently make use of the method. The creation of a memorandum of understanding allows federal employees to memorialize and keep a record of their conversations and transactions.[2]

Memoranda to file are used in investigations in the private sector. For example, the fraud unit of a large corporation may use memoranda to file, to report individual interviews and significant telephone conversations. Generally, “the memorandum will show the name of the author, date of preparation, the case name or number, and the specific subject covered. It will also contain the detailed narrative of the event, interview, or other investigative activity described and should be written as close in time as circumstances permit to those events.”[4]

History

Former Deputy Assistant to the President for National Security Affairs and subsequently Assistant to the President for National Security Affairs, Brent Scowcroft, who served as such in the U.S. presidential administration of Gerald R. Ford, kept copious documentation of his meetings in the form of memorandum of conversation.[3] He would take handwritten notes, and immediately have them transcribed in typewritten format with the assistance of his staff from the United States National Security Council.[3] The Gerald R. Ford Presidential Library and Museum contains over 1,000 such memorandum of conversation documents relating to the Presidency of Richard Nixon and Presidency of Gerald Ford, mainly related to national security of the United States.[3]

See also

References

  1. Jump up to:a b c d e O’Donnell, Lawrence (May 16, 2017), “MEMCON”, The Last Word with Lawrence O’DonnellMSNBC
  2. Jump up to:a b c d Felten, Eric (May 17, 2017), “A Brief History of the ‘Memo to the FileThe Weekly Standard
  3. Jump up to:a b c d “Summary Description”National Security Adviser. Memoranda of Conversations, 1973-1977Gerald R. Ford Presidential Library and Museum, retrieved May 17, 2017
  4. ^ Sennewald, Charles A.; Tsukayama, John K. (2015), The Process of Investigation: Concepts and Strategies for Investigators in the Private Sector (4th ed.), Butterworth-Heinemann, pp. 189–90, ISBN 978-0128001660

External links

https://en.wikipedia.org/wiki/Memorandum_of_conversation

Story 3: United States Withdrawing From Paris Climate Accord Agreement — Videos

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Mike Pompeo formally starts process of leaving the Paris climate change treaty – with U.S. due out the day AFTER the 2020 election

  • Mike Pompeo formally starts process of removing the U.S. from the 2015 Paris Climate Treaty
  • Donald Trump had announced that he would pull out of it  shortly after his election but this is first legal opportunity to start process of getting out
  • State Department wrote formal letter to United Nations Secretary General Antonio Guterres
  • That started the clock on a process that would be completed one day after the 2020 U.S. presidential election, on November 4, 2020

The United States has begun the process of pulling out of the landmark 2015 Paris climate agreement, it was announced Monday.

Secretary of State Mike Pompeo said that he submitted a formal notice to the United Nations. That starts a withdrawal process that does not become official for a year. His statement touted America’s carbon pollution cuts and called the Paris deal an ‘unfair economic burden’ to the U.S. economy.

Nearly 200 nations signed the climate deal in which each country provides its own goals to curb emissions of heat-trapping gases that lead to climate change.

‘In international climate discussions, we will continue to offer a realistic and pragmatic model – backed by a record of real world results – showing innovation and open markets lead to greater prosperity, fewer emissions, and more secure sources of energy,’ Pompeo said in a statement.

The U.S. started the process with a hand-delivered letter, becoming the only country to withdraw. The United Nations will soon set out procedural details for what happens next, UN deputy spokesman Farhan Haq said.

Agreement rules prevented any country from pulling out in the first three years after the Nov. 4, 2016, ratification. The U.S. withdrawal doesn’t become complete until the day after the 2020 election.

President Donald Trump has been promising withdrawal for two years, but Monday was the first time he could actually do it.

Out: Donald Trump's administration formally started the process of leaving the Paris Climate accord signed by Obama in 2015

Out: Donald Trump’s administration formally started the process of leaving the Paris Climate accord signed by Obama in 2015

Opposed: Mike Pompeo was on the receiving end of criticism for his decision to pull the U.S. out of Paris, with one environmentalist group saying the next president will have to rejoin it+4

Opposed: Mike Pompeo was on the receiving end of criticism for his decision to pull the U.S. out of Paris, with one environmentalist group saying the next president will have to rejoin it

Opposed: Mike Pompeo was on the receiving end of criticism for his decision to pull the U.S. out of Paris, with one environmentalist group saying the next president will have to rejoin it

Trump’s decision was condemned as a reckless failure of leadership by environmental experts, activists and critics such as former New York City Mayor Michael Bloomberg.

‘Donald Trump is the worst president in history for our climate and our clean air and water,’ said Michael Brune, the executive director of the Sierra Club. ‘Long after Trump is out of office his decision to withdraw the United States from the Paris Agreement will be seen as a historic error.’

The agreement set goals of preventing another 0.9 degrees (0.5 degrees Celsius) to 1.8 degrees (1 degree Celsius) of warming from current levels. Even the pledges made in 2015 weren’t enough to prevent those levels of warming.

The deal calls for nations to come up with more ambitious pollution cuts every five years, starting in November 2020. Because of the expected withdrawal, the U.S. role in 2020 negotiations will be reduced, experts said.

Climate change, largely caused by the burning of coal, oil and gas, has already warmed the world by 1.8 degrees (1 degree Celsius) since the late 1800s, caused massive melting of ice globally, triggered weather extremes and changed ocean chemistry. And scientists say, depending on how much carbon dioxide is emitted, it will only get worse by the end of the century, with temperatures jumping by several degrees and oceans rising by close to 3 feet (1 meter).

Trump has been promising to pull out of the Paris deal since 2017, often mischaracterizing the terms of the agreement, which are voluntary. In October, he called it a massive wealth transfer from America to other nations and said it was one-sided.

That’s not the case, experts said.

The European Union’s goal was to cut carbon pollution in 2030 by 40% compared with 1990 levels, which is greater than America’s pledge, said Rob Jackson, a Stanford University professor and chairman of the Global Carbon Project. The United Kingdom has already exceeded that goal, he said.

Many critics of the Paris agreement say America is the leader in cutting carbon emissions, but that’s not true.

Since 2005, the United States isn’t in the top 10 in percentage of greenhouse gas emission reductions. The United Kingdom, France, Sweden, Spain, Portugal, Italy, Ireland, Hungary, Greece, the Czech Republic and other nations have done better, said Jackson, who tracks emissions.

‘The U.S. agreement is not a tax on the American people. There is no massive wealth transfer,’ said Climate Advisers CEO Nigel Purvis, who was a lead State Department climate negotiator in the Clinton and George W. Bush administrations. ‘In fact, the agreement obligates no country to make any financial payments.’

It will be inconvenient: Former Vice President Al Gore, who made climate change his signature issue, characterized the decision as a mistake but said there was still reason for hope. 'No one person or party can stop our momentum to solve the climate crisis,' he said

It will be inconvenient: Former Vice President Al Gore, who made climate change his signature issue, characterized the decision as a mistake but said there was still reason for hope. ‘No one person or party can stop our momentum to solve the climate crisis,’ he said

Pompeo said U.S. net greenhouse gas emissions dropped 13% from 2005 to 2017 ‘even as our economy grew over 19 percent.’

Then, in 2018, carbon dioxide emissions increased 2.7%, according to the Energy Information Administration, mostly due to extreme weather and the economy.

The reason for the long-term emissions drop is because the U.S. is using less coal and has tightened air quality standards, while Trump is pushing for more coal and loosening those standards, said Michael Gerrard, who heads Columbia Law School’s climate change legal center.

For the U.S. – the second biggest carbon polluter – to be in line with Paris goals greenhouse gas emissions have to drop 80%, not 13%, Gerrard said.

‘The Trump Administration’s abandonment of action on climate change gives other countries an excuse not to act either. They ask – if the richest country, the one that has contributed the most to the load of greenhouse gases in the atmosphere, isn’t willing to act, why should we?’ Gerrard said. ‘If someone other than Donald Trump is elected, he or she will almost certainly rejoin Paris, and the rest of the world will welcome us back with open arms.’

Former Vice President Al Gore, who made climate change his signature issue, characterized the decision as a mistake but said there was still reason for hope.

‘No one person or party can stop our momentum to solve the climate crisis,’ Gore said. ‘But those who try will be remembered for their complacency, complicity, and mendacity in attempting to sacrifice the planet for their greed.’

https://www.dailymail.co.uk/news/article-7649093/US-tells-UN-bidding-adieu-Paris-climate-deal.html

U.S. Formally Begins To Leave The Paris Climate Agreement

 

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The Pronk Pops Show 1344, October 18, 2019, Story 1: Five Day Cease Fire or Pause Before Turkey Genocide of Kurds in Syrian Buffer Zone? — 200,000 Civilians Fled Zone — Massive Prison Break of Islamic State Possible as Kurds Flee — Long Range Consequences of United States Interventionist Foreign Policy: Million of Refugees and Deaths — Regime Change Roulette — Videos — Story 2: Britain Finally Has European Union Divorce Agreement But Will Parliament Approve Boris Johnson’s Brexit Deal? — Videos –Story 3: Hillary Clinton Rampant Russian Delusions, Lying and Paranoia — Russia Dumped Hillary Clinton for Tulsi Gabbard As The Russian Choice For Their Candidate in 2020? — In Your Guts You Know Hillary Gone Nuts —  Videos — Story 4: Trump Dazzles Dallas — Videos

Posted on October 25, 2019. Filed under: 2020 Democrat Candidates, 2020 President Candidates, 2020 Republican Candidates, Addiction, American History, Banking System, Blogroll, Bombs, Breaking News, Bribery, Bribes, Budgetary Policy, Cartoons, Clinton Obama Democrat Criminal Conspiracy, Communications, Congress, Corruption, Countries, Crime, Cruise Missiles, Culture, Deep State, Donald J. Trump, Donald J. Trump, Donald J. Trump, Donald Trump, Economics, Education, Elections, European History, Fiscal Policy, Freedom of Religion, Freedom of Speech, Government Dependency, Government Spending, Health, Hillary Clinton, History, House of Representatives, Human, Human Behavior, Illegal Immigration, Illegal Immigration, Immigration, Independence, Iran Nuclear Weapons Deal, Iraq, Islamic Republic of Iran, Islamic State, Israel, Killing, Labor Economics, Language, Law, Legal Immigration, Life, Lying, Media, Middle East, Military Spending, National Interest, National Security Agency, Natural Gas, Nerve Gas, Nuclear Weapons, Oil, Philosophy, Photos, Pistols, Politics, Polls, Pro Abortion, Pro Life, Progressives, Public Corruption, Radio, Rand Paul, Raymond Thomas Pronk, Resources, Rifles, Rule of Law, Scandals, Senate, Spying, Success, Tax Fraud, Tax Policy, Taxation, Taxes, Terror, Terrorism, Treason, Tulsi Gabbard, Turkey, Unemployment, Videos, Violence, War, Wealth, Weapons, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Story 1: FIve Day Cease Fire or Pause Before Turkey Genocide of Kurds in Syrian Buffer Zone? — 200,000 Civilians Fled Zone — Massive Prison Break of Islamic State Possible as Kurds Flee — Long Range Consequences of United States Interventionist Foreign Policy: Million of Refugees and Deaths — Regime Change Roulette — Videos —

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Syria, Turkey, Kurds, ISIS & Trump & Putin, and how the Middle East unravelled in murderous chaos

Turkey in northern Syria explained

The US, Daesh and the PKK: Explaining Turkey’s operation in Syria

Turkey backed Syrian forces move into Tal Abyad

Turkish, Kurdish forces accuse each other of violating cease-fire

How the Kurds became a key player in Syria’s war

The PKK explained

The PKK-YPG connection

The Kurds

The Kurds: The Most Famous Unknown People in the World | Stephen Mansfield | TEDxNashville

Turkish and Kurdish forces clash despite ceasefire

Syria: Kurds’ fury as Trump orders US troop withdrawal

War in Syria: Can the Kurdish forces fight back?

Turkey invades Syria: Who are the players and what do they want? | DW News

What’s next for the Kurds? | ITV News

Why the world is worried about Turkey

PBS NewsHour West live show October 18, 2019

Top U.S. & World Headlines — October 18, 2019

Bashar al-Assad: ‘Turkey will pay a heavy price’ for Syrian involvement

Al-Assad’s troops enter northern towns to confront offensive

Assad forces are moving into towns and villages once held by the Kurds | ITV News

Race to the border: Syrian Kurds call in Assad against Turkey offensive

An Interview with PKK Leader Abdullah Öcalan

The war against Assad in Syria

Civil war in Syria has already claimed the lives of more than 60.000 people. The prospect that there will soon be an end to the murdering is bad. “Assad listens to no one”, suggests Russian Foreign Minister Sergei Lavrov when describing his experiences with the Syrian president. The former UN negotiator Kofi Annan, who attempted to mediate between the fronts for several months, always had the feeling that “Assad will not accept reality”. At the same time, Annan makes the USA and the Syrian opposition jointly responsible for the disaster: “Those calling for Assad to resign as a precondition for talks make negotiations impossible”. In an exclusive interview, Syria’s President, Bashar al Assad, defended attacks by his air force on rebels in Syrian cities, which also massively effect his own people, said: “We have to defend ourselves as the tactics of the enemy force us to”. In the same interview, which was recorded at the end of 2012 for this documentary,

Assad also made “foreign terrorists responsible for the situation in his country”. In his documentary, Grimme award winner Hubert Seipel analyses the dangerous situation in Syria. Apart from his meeting with Assad, he conducted exclusive interviews with Kofi Annan and Russian Foreign Minister Sergei Lavrov. Seipel illuminated a conflict in which not only Kalashnikovs and missiles, but also the Internet plays the central role in public opinion. “False information and psychological warfare make up a very large part of the Syrian Civil War. It is significantly worse than in previous wars that I had ever been involved in”, added Kofi Annan, describing the massive disinformation. Whoever has control of the images of war, has the power to influence political decisions. Massacre marketing is a powerful weapon.

Frontline – The Battle for Syria

2012 documentary on the Syrian Civil War by Frontline

The Boy who started the Syrian War | Featured Documentary

The Cost of the Syrian War

Syria’s child refugees: ‘You feel that they have lost their hearts

Syrians Return Home After Humiliating Refugee-Life in Europe | The Quint

The Ingraham Angle 10/18/19 | Fox Breaking News Laura Ingraham October 18, 2019

Rand Paul Discusses Withdrawal of U.S. Troops from Syria | The View

Neoconservatives vs. America: A Critique of U.S. Foreign Policy Since 9/11

Ron Paul: Americans Are Forced to Pay for U.S. Government’s Interventionist Foreign Policy

Ron Paul’s 2003 House speech about the danger of neoconservatism

 

Kurdistan Workers’ Party

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Kurdistan Workers’ Party
Partiya Karkerên Kurdistanê (PKK)
Leader Cemîl Bayik and Besê Hozat [tr]
Founded 1978; 41 years ago
Headquarters Qandil Mountains
Paramilitary wing People’s Defence Forces(HPG)
Free Women’s Units (YJA-STAR)
Ideology Kurdish nationalism[1]
Communalism
Democratic confederalism[2]
Libertarian socialism[3]
Jineology
Anti-capitalism
National affiliation Peoples’ United Revolutionary Movement (HBDH)
International affiliation Kurdistan Communities Union(KCK)
Website
www.pkkonline.org
People’s Defence Forces
Hêzên Parastina Gel (HPG)
Leader(s)
Foundation 1984[8]
Dates of operation 1984–present
Motives Cultural & political rights for the Kurdish population in Turkey.[9]
Active region(s) Turkey, Iraq, Syria, Iran
Ideology Libertarian socialism
Democratic confederalism
Communalism[10]
Notable attacks 1984 PKK attacks
May 24, 1993 PKK ambush
2011 Hakkâri attack
Status Ongoing war with Turkey, after ceasefire ended.[11][12]
Size Over 32,800 active fighters (2015 Turkish claim)[13]
Website www.hezenparastin.com
Free Women’s Units
Yekîneyên Jinên Azad ên Star (YJA-STAR)
Foundation 2004
Dates of operation 2004–present[14]
Active region(s) Turkey, Iraq, Syria, Iran
Ideology Libertarian socialism
Democratic confederalism
Socialism
Communalism[10]
Status Ongoing war with Turkey, after ceasefire ended.[11][12][15]
Website www.yja-star.com/ku/

The Kurdistan Workers’ Party or PKK (KurdishPartiya Karkerên Kurdistanê‎, TurkishKürdistan İşçi Partisi [a]) is a Kurdish militant and political organization based in Turkey and Iraq, broadly considered as a terrorist group. Since 1984 the PKK has been involved in an armed conflict with the Turkish state (with cease-fires in 1999–2004 and 2013–2015), with the initial aim of achieving an independent Kurdish state. The PKK has in March 2016 vowed to overthrow the Turkish “fascist AKP” government of Recep Tayyip Erdoğan, through the ‘Peoples’ United Revolutionary Movement‘.[16] For different reasons, the PKK has been designated as “terrorist” organization by Turkey,[17] the United States, the European Union, and Japan.[18]

The PKK was founded in 1978 in the village of Fis (near Lice) by a group of Kurdish students led by Abdullah Öcalan[19] and 1979 it made its existence known to the public.[20] The PKK’s ideology was originally a fusion of revolutionary socialism and Kurdish nationalism, seeking the foundation of an independent Communist state in the region, which was to be known as Kurdistan. The initial reasons given by the PKK for this were the oppression of Kurds in Turkey and capitalism.[21][22] By then, the use of Kurdish language, dress, folklore, and names were banned in Kurdish-inhabited areas.[23] The words “Kurds”, “Kurdistan“, or “Kurdish” were officially banned by the Turkish government.[failed verification][24] Following the military coup of 1980, the Kurdish language was officially prohibited in public and private life.[25] Many who spoke, published, or sang in Kurdish were arrested, imprisoned, tortured or killed.[26] The PKK was then formed, as part of a growing discontent over the suppression of Turkey’s ethnic Kurds, in an effort to establish linguistic, cultural, and political rights for Turkey’s ethnic Kurdish minority.[27]

Since the PKK’s foundation, it has been involved in armed clashes with Turkish security forces. The full-scale insurgency, however, did not begin until 15 August 1984, when the PKK announced a Kurdish uprising. Since the conflict began, more than 40,000 have died, most of whom were Kurdish civilians through Turkish military actions.[28]

In 1999, PKK leader Öcalan was captured and imprisoned.[29] In May 2007, former members of the PKK helped form the Kurdistan Communities Union (KCK), an umbrella organisation of Kurds from Turkey, Iran, Iraq, and Syria. In 2013, the PKK declared a ceasefire agreement and began slowly withdrawing its fighters to the Kurdistan Region of northern Iraq as part of the solution process between the Turkish state and the Kurdish minority.

Since July 2015, when the ceasefire broke down,[30] violent actions inside Turkey from the government against the PKK and vice versa kept occurring, supplemented with Turkish military action in 2018 against PKK fighters in Iraq, and both in January 2018 and October 2019 against Kurdish political groups (PYD) and forces (YPG and YPJ) in Syria which according to Turkey and some observers[31] are strongly tied to the PKK (see ‘clashing’ details in: Kurdish–Turkish conflict (1978–present)#2015–present).

Contents

History

PKK supporters at 2003 march opposing the Iraq War, London

In the early 1970s, the organization’s core group was made up largely of students led by Abdullah Öcalan (“Apo“) in Ankara. By then, the use of Kurdish language, dress, folklore, and names were banned in Kurdish-inhabited areas.[23] In an attempt to deny their existence, the Turkish government categorized Kurds as “Mountain Turks” until 1991.[23][32][33][34] The words “Kurds”, “Kurdistan“, or “Kurdish” were officially banned by the Turkish government.[24] Following the military coup of 1980, the Kurdish language was officially prohibited in public and private life.[25] Many who spoke, published, or sang in Kurdish were arrested and imprisoned.[26] The PKK was then formed, as part of a growing discontent over the suppression of Turkey’s ethnic Kurds, in an effort to establish linguistic, cultural, and political rights for Turkey’s ethnic Kurdish minority.[27] The group focused to the large oppressed Kurdish population in south-east Turkey. A meeting on 25 November 1978, in a tea house near Diyarbakır is considered the founding meeting.[35] On 27 November 1978, the group adopted the name Kurdistan Workers’ Party. Espousing a Marxist ideology, the group took part in violent conflicts with right-wing entities as a part of the political chaos in Turkey at the time. The group tried to assassinate the Kurdish tribal leader Mehmet Celal Bucak in 1979. According to the PKK sources, he was exploiting the peasants, and collaborated with Turkey in oppressing the Kurds. It is believed that this marked a period of intense urban warfare among other political elements.

Turkish sources claimed that the 1980 Turkish coup d’état pushed the organization to another stage, with members being executed, doing jail time, being subject to capital punishment, or fleeing to Syria. On 10 November 1980, it was claimed that the PKK bombed the Turkish Consulate in Strasbourg, France in a joint operation with the Armenian radical group ASALA, which they claimed as the beginning of a “fruitful collaboration.”[36] The PKK didn’t take responsibility despite a numerous of accusations.

Starting in 1984, the PKK transformed into a paramilitary group, using training camps in Turkey, Iraq, Syria, Lebanon and France. At the same time, some of its members started to get training by the members of the Palestine Liberation Organization who themselves were trained by Soviet personnel in Lebanon’s Bekaa Valley in Syrian-controlled camps. According to the U. S. government reports, the PKK received significant support by Syria, which allowed it to maintain headquarters in Damascus, as well as by Iran, Iraq, and Libya. It later began to launch attacks and bombings against Turkish governmental installations, the military, and various institutions of the state. The organization focused on attacks against Turkish military targets in Turkey, although civilian targets were also hit. The group started to gain publicity after committing political killings and massacres.[37][38][39][40]

From the mid-1990s, the organization began to lose the upper hand in its operations as a consequence of a change of tactics by Turkey and Syria’s steady abandonment of support for the group. The group also had lost its support from Saddam Hussein.[41] At the same time, the government started to use more violent methods to counter Kurdish militants. From 1996 to 1999, the organization began to use suicide bombers, VBIED and ambush attacks against military and police bases. The role of suicide bombers, especially female ones were encouraged and mythologised by giving them the status of a “goddess of freedom”, and shown as role models for other women after their death. On 30 July 1996, Zeynep Kınacı, a female PKK fighter, carried out the organization’s first suicide attack, killing 8 soldiers and injuring 29 others. The attacks against the civilians, especially the Kurdish citizens who refused to cooperate with them were also reported at the same years. On 20 January 1999, a report published by HRW, stated that the PKK was believed to have been responsible for more than 768 executions. The organization had also reportedly committed 25 massacres, killing more than 300 people. More than hundred victims were children and women.[42][42][43][44][45]

The Kurdish–Turkish conflict was in its peak in the 1990s until the leader of the organization, Abdullah Öcalan, was captured, prosecuted and sentenced to death, but this was later commuted to life imprisonment as part of the government’s seeking European Union membership.[46] In the late 1990s, Turkey increased the pressure and the undeclared war between Turkey and Syria ended open Syrian support.[47][48]

The European Court of Human Rights has condemned Turkey for human rights abuses during the conflict.[49][50] Some judgements are related to executions of Kurdish civilians,[51] torturing,[52] forced displacements,[53]destroyed villages,[54][55][56] arbitrary arrests,[57] murdered and disappeared Kurdish journalists, activists and politicians.[58][59][60] As a result of increasing Kurdish population and activism, the Turkish parliament began a controlled process of dismantling some anti-Kurdish legislation, using the term “normalization” or “rapprochement,” depending on the sides of the issue. It partially relaxed the bans on broadcasting and publishing in the Kurdish language, although significant barriers remain.[61] At the same time, the PKK was blacklisted in many countries. On 2 April 2004, the Council of the European Union added the PKK to its list of terrorist organizations. Later that year, the US Treasury moved to freeze assets of branches of the organization. The PKK went through a series of changes, and in 2003 it ended the unilateral truce declared when Öcalan was captured.[62]

On 20 March 2016, the PKK announced the establishment of Peoples’ United Revolutionary Movement, a coalition of MaoistsMarxists-Leninists, Apoists, Communists and Hoxhaistswhich aim to attain “democracy and a free future” for “peoples against Imperialism, Capitalism, Chauvinism, Fascism and Racism”, by working towards the overthrow of the ruling AKP government, who they deem collaborative fascist.[63]

Ideology, aims

The organization originated in the 1970s from the radical left and drew its membership from other existing leftist groups, mainly Dev-Genç.[64]:127 During the 1980s, the movement included and cooperated with other ethnic groups, including ethnic Turks, who were following the radical left.[64]:127[64]:129 The organization initially presented itself as part of the worldwide communist revolution. Its aims and objectives have evolved over time towards the goal of national autonomy,[65] and democratic confederalism.[66][67][68]

Around 1995, the PKK ostensibly changed its aim from independence to a demand for equal rights and Kurdish autonomy within the Turkish state,[69][70][71] though all the while hardly suspending their military attacks on the Turkish state except for ceasefires in 1999–2004 and 2013–2015. In 1995, Öcalan said: “We are not insisting on a separate state under any condition. What we are calling for very openly is a state model where a people’s basic economic, cultural, social, and political rights are guaranteed”.[70]

Whilst this shift in the mid-nineties has been interpreted as one from a call for independence to an autonomous republic,[72] some scholars have concluded that the PKK still maintains independence as the ultimate goal, but through society-building rather than state-building.[73][74]

Nevertheless, the PKK has in March 2016 also vowed to overthrow the Turkish government of Erdoğan, through the ‘Peoples’ United Revolutionary Movement‘.[75]

The organization has adapted the new Democratic confederalist views of its arrested leader, which aim to replace the United NationsCapitalism and Nation State with the Democratic Federalism which is described as a “system of popularly elected administrative councils, allowing local communities to exercise autonomous control over their assets, while linking to other communities via a network of confederal councils.[76]

Followers of Öcalan and members of the PKK are known, after his diminutive name, as Apocu (Apo-ites) under his movement, Apoculuk (Apoism).[77]

Organization

The PKK has multiple heads in various countries, such as Iraq, Iran, Syria, Russia and West European countries.[78] However, Abdullah Öcalan was the unchallenged leader of the organization. After the capture of Öcalan, authorities induced him to publicly plead for a ceasefire.[79] Though serving life imprisonment, Öcalan is still considered the honorary leader and figurehead of the organization.[80]

Murat Karayılan led the organization from 1999 to 2013. In 2013 Cemil Bayik and Besê Hozat assumed as the first joint leadership.[81] Cemil Bayik, beside Abdullah Öcalan, Kesire Yildirim Öcalan and Haki Karer was one of the core leaders. The organization appointed “Doctor Bahoz,” the nom de guerre of Fehman Huseyin, a Syrian Kurd, in charge of the movement’s military operations signifying the long-standing solidarity among Kurds from all parts of Kurdistan.[82]

Wings[

Umbrella organization

In 1985, the National Liberation Front of Kurdistan (KurdishEniye Rizgariye Navata Kurdistan‎, ERNK) was established by the PKK as its popular front wing, with the role of both creating propaganda for the party, and as an umbrella organization for PKK organizations in different segments of the Kurdish population, such as the peasantry, workers, youth, and women. It was dissolved in 1999, after the capture of Abdullah Öcalan.[83][84]

Armed wing

The PKK has an armed wing, originally formed in 1984 as the Kurdistan Freedom Brigades (KurdishHazen Rizgariya Kurdistan‎, HRK),[85] renamed to the People’s Liberation Army of Kurdistan (KurdishArteshen Rizgariya Gelli Kurdistan‎, ARGK) in 1986,[83] and again renamed to the People’s Defense Forces (KurdishHêzên Parastina Gel‎, HPG) in 1999.[86]

Women’s armed wing

The Free Women’s Units of Star (KurdishYekîneyên Jinên Azad ên Star‎,[87] YJA-STAR) was established in 2004 as the women’s armed wing of the PKK, emphasizing the issue of women’s liberation.[14]

Training camps

The first training camps were established in 1982 in Turkey, Iraq, Syria, Iran and also in Beqaa Valley with the support of the Syrian government.[88][89] After the Iran-Iraq war and the Kurdish civil war, the PKK moved all its camps to Northern Iraq in 1998. The PKK had also completely moved to Qandil Mountains from Beqaa Valley, under intensive pressure, after Syria expelled Öcalan and shut down all camps established in the region.[89] At the time, Northern Iraq was experiencing a vacuum of control after the Gulf War-related Operation Provide Comfort. Instead of a single training camp which could be easily destroyed, the organization created many small camps. During this period the organization set up a fully functioning enclave with training camps, storage facilities, and reconnaissance and communications centers.

In 2007, the organization was believed to have camps strung out through the mountains that straddle the border between Turkey and Iraq, including in Sinaht, Haftanin, Kanimasi and Zap.[90] The organization developed two types of camps. The mountain camps, located in Turkey, Iraq and Iran, are used as forward bases from which militants carry out attacks against Turkish military bases. The units deployed there are highly mobile and the camps have only minimal infrastructure.[90] The other permanent camps, in the Qandil Mountains of Iraq, have more developed infrastructure—including a field hospital, electricity generators and a large proportion of the PKK’s lethal and non-lethal supplies.[90] The organization is also using the Qandil mountain camps for its political activities.

It was claimed in 2004 that there was another political training camp in Belgium, evidence that the organization had used training camps in Europe for political and ideological training.[91]

Political representation

The organization had sympathizer parties in the Grand National Assembly of Turkey beginning in the early 1990s. The establishment of direct links to the organization has been a question. In sequence HEP/DEP/HADEP/DEHAP/DTP and the BDP, which later changed its name to Democratic Regions Party (DBP) on 11 July 2014,[92] as well as the HDP have been accused of sympathizing with the PKK, since they have refused to brand it as a terrorist group.

Political organizations established in Turkey are banned from propagating or supporting separatism. Several political parties supporting Kurdish rights have been allegedly banned on this pretext. The constitutional court claimed to find direct links between the HEP/DEP/HADEP and the PKK. In 2008 the DTP-party was prosecuted by the constitutional court. It is reported that Turkey has used the PKK as an excuse to close Kurdish political parties.

Turkish-Kurdish politician and conspiracist Abdülmelik Fırat had claimed the Democratic Society Party (DTP) was founded by the PKK, and that 80 percent of Kurds do not vote for this party.[93] Senior DTP leaders maintain that they support a unified Turkey within a democratic framework. Aysel Tuğluk published an article in Radikal in May 2007 as the co-president of DTP, to prove that claim.[94]

Several parliamentarians and other elected representatives have been jailed for speaking in Kurdish, carrying Kurdish colors or otherwise allegedly “promoting separatism”, most famous among them being Leyla Zana.[95] The European Court of Human Rights has condemned Turkey for arresting and executing Kurdish writers, journalists and politicians in numerous occasions. Between 1990 and 2006 Turkey was condemned to pay 33 million euros in damages in 567 cases. The majority of the cases were related to events that took place in southeastern Anatolia[96] Politicians of the HDP are often accused and prosecuted for being members of the PKK.[97] In Iraq the political party Tevgera Azadî is said to have close to the PKK.[98]

Alleged links with Turkish intelligence

During the controversial Ergenekon trials in Turkey, allegations have been made that the PKK is linked to elements of the Turkish intelligence community.

Şamil Tayyar, author and member of the ruling AK Party, claimed that Öcalan was released in 1972 after just three months’ detention on the initiative of the National Intelligence Organization (Millî İstihbarat Teşkilatı, MİT), and that his 1979 escape to Syria was aided by elements in MİT.[99] Öcalan has admitted making use of money given by the MIT to the PKK, which he says was provided as part of MIT efforts to control him.[100]

Former police special forces member Ayhan Çarkın alleged that the state, using the clandestine Ergenekon network, colluded with militant groups such as the PKK, Dev-Sol and Turkish Hezbollah, with the goal of profiting from the war.[101]

A witness to the trials testified that General Levent Ersöz, former head of JITEM, had frequent contact with PKK commander Cemîl Bayik.[102]

According to official figures, it was claimed that nearly 2000 PKK members became itirafçı (“confessors”) after their arrest. Some were persuaded or coerced to play an active role in the conflict, particularly under the direction of the Turkish Gendarmerie‘s unofficial JİTEMunit.[citation needed]

Activities

During its establishment in the mid-1970s, amid violent clashes country-wide, the organization used classic violent methods, such as the alleged failed assassination of Mehmet Celal Bucak as a propaganda-of-the-deed.[64] After the 1980 military coup, the organization developed into a paramilitary organization using resources it acquired in Syria, Russia, Europe and Beqaa Valley in part of ex-Syrian-controlled Lebanon. After 1984, PKK began also to use the Maoist theory of people’s war.[103][104]

The PKK has faced condemnation by some countries for executing civilians, using suicide bombers,[105][106] Child Soldiers[107] and involvement in drug trafficking.[108]

Political activity 1978–1984

In the first phase (1978–1984), the PKK tried to gain the support of the Kurdish population. It attacked the machinery of government and distributed propaganda in the region. PKK tactics were based on ambushsabotage, riots, protests, and demonstrations against the Turkish government. During these years, the PKK also fought a turf war against other radical Islamist Kurdish and Turkish organisations in Turkey. Turkish newspapers claimed that the PKK effectively used the prison force to gain appeal among the population which PKK has denied.[109][110] In the whole Turkey, this period was characterized by violent clashes which culminated in the 1980 military coup.

During this time, the organization argued that its violent actions against the government forces were explained by the need to defend Kurds in the context of what it considered as the massive cultural suppression of Kurdish identity (including the 1983 Turkish Language Act Ban) and cultural rights carried out by other governments of the region.[111] Turkey also used violent and oppressive methods against its Kurdish citizens to stop them supporting the PKK.

Armed rebellion 1984–1999

In the second phase (1984–1999), which followed the return of civilian rule in 1983, escalating attacks were made on the government’s military and vital institutions all over the country. The objective was to destabilize the Turkish authority through a long, low-intensity confrontation. In addition to skirmishing with Turkish military and police forces and local village guards, the PKK has conducted bomb attacks on government and police installations.[112] Kidnapping and assassination against government and military officials and Kurdish tribal leaders who were named as puppets of the state were performed as well. Widespread sabotages were continued from the first stage. Turkish sources had also claimed that the PKK carried out kidnappings of tourists, primarily in Istanbul, but also at different resorts. However, the PKK had in its history arrested 4 tourists and released them all after warning them to not enter the war zone. The vast majority of PKK’s actions have taken place mainly in Turkey against the Turkish military, although it has on occasions co-operated with other Kurdish nationalist paramilitary groups in neighboring states, such as Iraq and Iran.[113] The PKK has also attacked Turkish diplomatic and commercial facilities across Western Europe in the late 1980s. In effect, the Turkish state has led a series of counter-insurgency operations against the PKK, accompanied by political measures, starting with an explicit denunciation of separatism in the 1982 Constitution, and including proclamation of the state of emergency in various PKK-controlled territories starting in 1983 (when the military relinquished political control to the civilians). This series of administrative reforms against terrorism included in 1985 the creation of village guard system by the then prime minister Turgut Özal. Öcalan, in presence of PUK leader Jalal Talabani declared a unilateral cease fire in 1993, and said the PKK did not want to separate from Turkey, but Turkey did not respond to it.[114] Turkey was involved in serious human rights violations during the 1990s. The ECHR has condemned Turkey for executions of Kurdish civilians, torturing, forced displacements and massive arrests.

In the late 1980s and early 1990s, in an effort to win increased support from the Kurdish peasantry, the PKK altered its leftist secular ideology to better accommodate and accept Islamic beliefs. The group also abandoned its previous strategy of attacking Kurdish and Turkish civilians who were against them, focusing instead on government and military targets.[115] In its campaign, the organization has been accused of carrying out atrocities against both Turkish and Kurdish civilians and its actions have been criticised by human rights groups such as Amnesty International[116] and Human Rights Watch[117][citation needed]. Similar actions of the Turkish state have also been criticized by these same groups.

Cease fire 1999–2004

The third phase (1999–2012), after the capture of Öcalan, PKK reorganized itself and new leaders were chosen by its members. The PKK wasn’t active between 2000 and 2003. The organization made radical changes to survive, such as changing its ideology and setting new goals. At the same time, the PKK continued to recruit new members and sustain its fighting force.

According to Turkish sources, in April 2002 at its 8th Party Congress, the PKK changed its name to the Kurdistan Freedom and Democracy Congress (KADEK) and proclaimed a commitment to nonviolent activities in support of Kurdish rights. A PKK/KADEK spokesman stated that its armed wing, The People’s Defense Force, would not disband or surrender its weapons for reasons of self-defense. This statement by the PKK/KADEK avowing it would not lay down its arms underscores that the organization maintained its capability to carry out armed operations. PKK/KADEK established a new ruling council in April, its membership virtually identical to the PKK’s Presidential Council. The PKK/KADEK did not conduct an armed attack in 2002; however, the group periodically issued veiled threats that it will resume violence if the conditions of its imprisoned leader are not improved and its forces are attacked by Turkish military, and it continued its military training like before.

In November 2003, another congress was held which lead to renaming itself as the People’s Congress of Kurdistan or Kongra-Gel (KGK). The stated purpose of the organizational change was to leave behind nationalistic and state-building goals, in favor of creating a political structure to work within the existing nation-states.[118] Through further internal conflict during this period, it is claimed that 1500 militants left the organization,[118] along with many of the leading reformists, including Nizamettin Taş and Abdullah Öcalan‘s younger brother Osman Öcalan[119]

Second insurgency 2004–2012

Kongra-Gel called off the cease-fire at the start of June 2004, saying Turkish security forces had refused to respect the truce. Turkish security forces were increasingly involved in clashes with Kurdish separatist fighters. Ankara claimed that about 2,000 Kurdish fighters had crossed into Turkey from hideouts in mountainous northern Iraq in early June 2004.

While the fight against the Turkish security forces between 2004 and 2010 continued, the PKK and its ancillary organizations continued to enjoy substantial support among the Kurds of Turkey. In 2005, the original name of the organization PKK was restored, while the Kongra-Gel became the legislature of the Koma Komalên Kurdistan.[120][121] Turkey’s struggle against the Kongra-Gel/PKK was marked by increased clashes across Turkey in 2005. In the Southeast, Turkish security forces were active in the struggle against the Kongra-Gel/PKK. There were bombings and attempted bombings in resort areas in western Turkey and Istanbul, some of which resulted in civilian casualties. A radical Kurdish separatist group calling itself the Kurdish Freedom Hawks (TAK) claimed responsibility for many of these attacks. The TAK is a rival to PKK that since 2006 repeatedly damaged the PKK’s efforts to negotiate cease-fires and unlike the PKK, is seeking to establish independent Kurdistan.[122] In 2006 alone, the PKK claimed over 500 victims. In October 2006, the PKK allegedly declared a unilateral cease-fire that slowed the intensity and pace of its attacks, but attacks continued in response to Turkish security forces significant counterinsurgency operations, especially in the southeast. On 21 October 2011 Iranian foreign minister Ali Akbar Salehi announced Iran would co-operate with Turkey in some military operations against the PKK.[123]

2012 was the most violent year in the armed conflict between the Turkish State and PKK since 1999. At least 541 individuals lost their lives as a result of the clashes including 316 militants and 282 soldiers. In contrast, 152 individuals lost their lives in 2009 until the Turkish government initiated negotiations with the PKK leadership.[124] The failure of this negotiations contributed to violence that were particularly intensified in 2012. The PKK encouraged by the rising power of the Syrian Kurds increased its attacks in the same year.

During the Syrian Civil War, the Kurds in Syria have established control over their own region with the help of the Turkish Kurdistan Workers’ Party as well as with support from the Kurdistan Regional Government in Erbil, under President Masoud Barzani.[125]

2013–15 Peace process

Demonstration in Paris for slain PKK workers

In late 2012, the Turkish government began secret talks with Öcalan for a ceasefire.[126] To facilitate talks, government officials transmitted letters between Öcalan in jail to PKK leaders in northern Iraq.[127] On 21 March 2013, a ceasefire was announced.[128] On 25 April, it was announced that the PKK would leave Turkey. Commander Murat Karayılan remarked “As part of ongoing preparations, the withdrawal will begin on May 8, 2013. Our forces will use their right to retaliate in the event of an attack, operation or bombing against our withdrawing guerrilla forces and the withdrawal will immediately stop.”[129] The semi-autonomous Kurdish region of Iraq welcomed the idea of refugees from its northern neighbor.[130] The BDP held meetings across the region to explain the pending withdrawal to concerned citizens. “The 8th of May is a day we both anticipate and fear,” explained party leader Pinar Yilmaz. “We don’t trust the government at all. Many people here are afraid that once the guerrillas are gone, the Turkish military will crack down on us again.”[128]

The withdrawal began as planned with groups of fighters crossing the border from southeastern Turkey to northern Iraq.[126] Iraqi leadership in Baghdad, however, declared that it would not accept armed groups into its territory. “The Iraqi government welcomes any political and peaceful settlement”, read an official statement. “[But] it does not accept the entry of armed groups to its territories that can be used to harm Iraq’s security and stability.”[130] The prospect of armed Kurdish forces in northern Iraq threatens to increase tensions between the region and Baghdad who are already at odds over certain oil producing territory. PKK spokesman Ahmet Deniz sought to ease concerns stating the plan would boost democracy. “The [peace] process is not aimed against anyone,” he said “and there is no need for concerns that the struggle will take on another format and pose a threat to others.”[130]

It is estimated that between 1,500 and 2,000 PKK fighters resided in Turkey at the time.[citation needed] The withdrawal process was expected to take several months even if Iraq does not intervene to try to stop it.[130] On 14 May 2013, the first groups of 13 male and female fighters entered Iraq’s Heror area near the Metina mountain after leaving Turkey. They carried with them Kalashnikov assault rifles, light machine guns and rocket-propelled grenade launchers before a welcoming ceremony.[131]

Kurdish PKK guerilla, 23 March 2014

On 29 July 2013, the PKK issued an ultimatum in saying that the peace deal would fail if reforms were not begun to be implemented within a month.[132] In October, Cemil Bayik warned that unless Turkey resumed the peace process, the PKK would resume operations to defend itself against it. He also accused Turkey of waging a proxy war against Kurds during the Syrian Civil War by supporting other extremist rebels who were fighting them.[133]

Iraqi Kurdistan President Masoud Barzani backed the initiative saying, alongside Erdogan: “This is a historic visit for me … We all know it would have been impossible to speak here 15 or 20 years ago. Prime Minister Tayyip Erdogan has taken a very brave step towards peace. I want my Kurdish and Turkish brothers to support the peace process.”[134]

2014 action against Islamic State and renewed tensions in Turkey

The PKK engaged the Islamic State of Iraq and the Levant (ISIL) forces in Syria in mid-July 2014[135] as part of the Syrian Civil War. In August the PKK engaged IS in Northern Iraq and pressured the Government of Turkey to take a stand against IS.[136][137] PKK forces helped tens of thousands of Yazidis escape an encircled Mount Sinjar.[138] In September 2014, during the Siege of Kobanî, the PKK, receiving direct U.S. military support,[139] engaged with Islamic State forces in Syria who were attacking Kurdish city Kobane, which resulted in conflicts with Turks on the border and an end to a cease-fire that had been in place over a year.[140] The PKK accused Turkey of supporting ISIS. The PKK participated in many offensives against ISIS in Iraq and Syria.[141]

A number of Turkish Kurds rallied in large-scale street protests, demanding that the government in Ankara take more forceful action to combat IS and to enable Kurdish militants already engaged against IS to more freely move and resupply. These protests included a PKK call for its supporters to turn out.[142] Clashes between police and protesters killed at least 31 people. The Turkish government continued to restrict PKK-associated fighters’ movement across its borders, arresting 260 People’s Protection Units fighters who were moving back into Turkey. On 14 October, Turkish Air Force fighter-bombers attacked PKK positions in the vicinity of Daglica, Hakkari Province.[143]

Turkish military statements claimed that the bombings were in response to PKK attacks on a Turkish military outpost in the area. The Firat news agency, which Al Jazeera describes as “close to the PKK”, claimed that Turkish forces had been shelling the PKK positions for days beforehand and that the PKK action had itself been retaliation for those artillery strikes.[144] The PKK had already reported several Turkish attacks against their troops months before Turkish bombing started.

Percentage of the popular vote won by the pro-Kurdish Peoples’ Democratic Party (HDP) in the 2015 Turkish general election. “The HDP’s elections results, which are a proxy indicator of popular support for the PKK, show that the group has followers throughout the country.”[145]

July 2015–present: Renewed insurgency

PKK and Peshmerga fighters, 11 August 2015

PKK Sniper

In the months before the parliamentary election of 2015, as the “Kurdish-focused” HDP’s likelihood of crossing the 10% threshold for entry into the government seemed more likely, Erdogan gave speeches and made comments that repudiated the settlement process and the existence of a Kurdish problem and refusing to recognize the HDP as having any role to play despite their long participation as intermediaries.[146] These announcements increased distrust of the government’s good faith among Kurdish leaders. In July 2015, Turkey finally became involved in the war against ISIL. While they were doing so, they decided to bomb PKK targets in Iraq.[147] The bombings came a few days after PKK was suspected of assassinating two Turkish police officers in CeylanpınarŞanlıurfa, accused by the PKK of having links with ISIS after the 2015 Suruç bombing.[148][149] The PKK has blamed Turkey for breaking the truce by bombing the PKK in 2014 and 2015 continuously.

In August 2015, the PKK announced that they would accept another ceasefire with Turkey only under US guarantees.[150] PKK announced a one-sided ceasefire in October 2015 near election time, but the government refused.[citation needed] The leadership of Iraqi Kurdistan has condemned the Turkish air strikes in its autonomous region in the north of Iraq.[151]

The number of casualties since 23 July was claimed by Turkish government to be 150 Turkish officers and over 2,000 Kurdish rebels killed (by September).[152] In December 2015, Turkish military operation in southeastern Turkey has killed hundreds of civilians, displaced hundreds of thousands and caused massive destruction in residential areas.[153][154]

In March 2016, the PKK helped to launch the Peoples’ United Revolutionary Movement with nine other Kurdish and Turkish revolutionary leftist, socialist and communist groups (including the TKP/MLTHKP-C/MLSPBMKPTKEP/LTİKB [defrtrzh]DKPDK and MLKP) with the aim of overthrowing the Turkish government of Recep Tayyip Erdoğan.[63]

Tactics

The areas in which the group operates are generally mountainous rural areas and dense urban areas. The mountainous terrain offers an advantage to members of the PKK by allowing them to hide in a network of caves.[citation needed]

Recruiting[

PKK female fighters

Since its foundation, the PKK has recruited new fighters mainly from Turkey, but also from Syria, Iraq, Iran, and Western countries using various recruitment methods, such as using nationalist propaganda and its gender equality ideology. At its establishment, it included a small number of female fighters but over time, however, the number increased significantly and by the early 1990s, 30 percent of its 17,000 armed fighting forces were women.[155] In much of rural Turkey, where male-dominated tribal structures, and conservative Muslim norms were commonplace, the organization increased its number of members through the recruitment of women from different social structures and environments, also from families that migrated to several European countries after 1960 as guest workers.[155] It was reported by a Turkish university that 88% of the subjects initially believed that equality was a key objective, and that they joined the organization based on this claim.[156] In 2007, approximately 1,100 of 4,500–5,000 total members were women.[155]

In its early stages, the PKK recruited young women by kidnapping them. This forced families whose children were already a member of the organization to cooperate and thus turning them into accomplices, which increased the number of women joining the group, according to the publication, published by the Jamestown Foundation.[155][157][158]

The organization is also actively recruiting child soldiers and it has been accused of abducting more than 2,000 children by Turkish Security Forces. The independent reports by the Human Rights Watch (HRW), the United Nations(UN) and the Amnesty International have confirmed the recruitment and use of child soldiers by the organization and its armed wings since the 1990s.[107][159][160][161]

According to the TEPAV think-tank which did research on the identities of 1,362 PKK fighters who lost their lives between 2001 and 2011, 42% of the recruits were under 18, with over a quarter of these being under 15 years of age at the time of recruiting. The organization is also believed to have used the children in the drug trade.[162]

On 22 December 2016, a report published by Human Rights Watch (HRW) stated that the HPG, the armed wing of the PKK, and the YBS, a Yazidi militia affiliated with the PKK, had actively recruited child soldiers since the 2015. The report stated that more than 29 cases had been documented, and some recruited children were under 15 when they had been recruited, which is a war crime under international law.[159]

Weapons

In July 2007, the weapons captured between 1984 and 2007 from the PKK operatives and their origins published by the Turkish General Staff indicates that the operatives erased some of the serial numbers from their weapons. The total number of weapons and the origins for traceable ones were:[163]

 
The choice and origin of the traceable weapons (July 2007)[163]
Type Quantity Sources
AK-47 Kalashnikovs 4,500 71.6% from the USSR, 14.7% from China, 3.6% from Hungary, 3.6% from Bulgaria
Rifles[nb 1] 5,713 of (959 traceable) 45.2% from Russia, 13.2% from United Kingdom, and 9.4% from United States.
Rocket launchers 1,610 (313 traceable) 85% from Russia, 5.4% from Iraq, and 2.5% from China in origin.
Pistols 2,885 (2,208 traceable) 21.9% from Czechoslovakia, 20.2% from Spain, 19.8% from Italy
Grenades 3,490 (136 traceable) 72% from Russia, 19.8% from United States, 8% from Germany,
Land mines 11,568 (8,015 traceable) 60.8% from Italy, 28.3% from Russia, 6.2% from Germany

Turkish authorities claimed that four members of the organization, who handed themselves over to authorities after escaping from camps in northern Iraq, claimed they had seen two U.S. armored vehicles deliver weapons, which was widely reported and further stoked suspicions about U.S. policy in Iraq.[164] The US envoy denied these claims.[165] The arms were claimed to be part of the Blackwater Worldwide arms smuggling allegations. The probe of organization’s weapons and the investigation of Blackwater employees were connected.[166] The PKK also denied these claims.

Resources

Funding

Parties and concerts are organized by branch groups.[167] Additionally, it is believed that the PKK earns money through the sale of various publications, as well as receiving revenues from legitimate businesses owned by the organization, and from Kurdish-owned businesses in Turkey, Russia, Iraq, Iran and Western Europe.[168][169] Besides affiliate organizations, it is claimed that there are sympathizer organizations such as the Confederation of Kurdish Associations in Europe and the International Kurdish Businessmen Union which constantly exchanges information and perform legitimate or semi-legitimate commercial activities and donations.[citation needed]

According to the European Police Office (EUROPOL), the organization collects money from its members, using labels like ‘donations’ and ‘membership fees’ which are seen as a fact extortion and illegal taxation by the authorities. There are also indications that the organization is actively involving in money laundering, illicit drugs and human trafficking, as well as illegal immigration inside and outside the EU for funding and running its activities.[170]

Drug trafficking

PKK’s involvement in drug trafficking has been documented since the 1990s.[171] A report by Interpol published in 1992 states that the PKK, along with nearly 178 Kurdish organizations were suspected of illegal drug trade involvement. The British National Criminal Intelligence Service determined that the PKK obtained $75 million from drug smuggling in Europe in 1993 alone.[172] Members of the PKK have been designated narcotics traffickers by the U.S. Department of the Treasury.[173] The Federal Office for the Protection of the Constitution, Germany’s domestic security agency, echoed this finding in its 2011 Annual Report on the Protection of the Constitution, stating that despite the U.S Department of Treasury designation, there was “no evidence that the organizational structures of the PKK are directly involved in drug trafficking”.[174]

On 14 October 2009, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) targeted the senior leadership of the PKK, designating Murat Karayılan, the head of the PKK, and high-ranking members Ali Riza Altun and Zübeyir Aydar as foreign narcotics traffickers at the request of Turkey.[173] On 20 April 2011, the U.S. Department of the Treasury announced the designation of PKK founders Cemîl Bayik and Duran Kalkan and other high-ranking members as Specially Designated Narcotics Traffickers (SDNT) pursuant to the Foreign Narcotics Kingpin Designation Act (Kingpin Act). Pursuant to the Kingpin Act, the designation freezes any assets the designees may have under U.S. jurisdiction and prohibits U.S. persons from conducting financial or commercial transactions with these individuals.[175]

According to research conducted by journalist Aliza Marcus, the PKK accepted the support of smugglers in the region. Aliza Marcus claimed that some of those Kurdish smugglers who were involved in the drugs trade, either because they truly believed in the PKK—or because they thought it a good business practice (avoid conflicts)—frequently donated money to the PKK rebels. She also claimed that there were reports of PKK supporters in Europe who used their positions and contacts to trade in drugs—and then handed some of the profits to the PKK. And when PKK activists needed more money, they had no qualms about approaching Kurds who trafficked in narcotics. However, according to Aliza Marcus, it does not seem that the PKK, as an organization, directly produced or traded in narcotics.[176]

Following the SDF capture of Raqqa, YPJ and YPG troops raised a large banner of Abdullah Öcalan in the city centre.[177]

In 2018, the state-run new agency AA claimed that the PKK has successfully kept its drug production and trafficking activities underground, both across the globe and within Turkey, and that the security forces had carried out more than 414 drug trafficking operations against the organization since the 1980. The Turkish authorities have also claimed that the organization gains 1,5 billion USD yearly from drug trafficking.[178][179]

The report, published by the United Nations Office on Drugs and Crime (UNODC), stated that the instability in Iraq has helped the PKK to develop and use Iraq as a transhipment point for Afghan heroin. The PKK was reported to collect taxes per kilogram of heroin trafficked to Turkey from the Islamic Republic of Iran and Iraq borders, with potential profits reaching US$200 million annually.[180]

The EUROPOL which has monitored the organization’s activities inside the EU has also reported the organization’s involvement in the trafficking of drugs and human beings to raise funds for its terrorist activities inside and outside the EU.[170]

On 1 January 2012, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced the designation of Moldovan-based individuals Zeyneddin Geleri, Cerkez Akbulut, and Omer Boztepe as specially designated narcotics traffickers for drug trafficking on behalf of the PKK in Europe. According to the OFAC, Zeynedding Geleri was identified as a high-ranking member of the PKK while two others were activists. The OFAC stated that the drug trafficking is still one of the organization’s criminal activities it uses to obtain weapons and materials.[181]

Human resources

In 2008, according to information provided by the Intelligence Resource Program of the Federation of American Scientists the strength of the organization in terms of human resources consists of approximately 4,000 to 5,000 militants of whom 3,000 to 3,500 are located in northern Iraq.[182] With the new wave of fighting from 2015 onwards, observers noted that active support for the PKK had become a “mass phenomenon” in majority ethnic Kurdish cities in the Southeast of the Republic of Turkey, with large numbers of local youth joining PKK-affiliated local militant groups.[183]

International support

At the height of its campaign, the organization received support from many countries. According to Turkey, countries the PKK has previously/currently received support from include: Greece,[184][185] Iran,[186] Iraq,[187] Russia[188] and Syria.[186] The level of support given has changed throughout this period. Official Turkish sources also allege cooperation between the PKK and the Armenian Secret Army for the Liberation of Armenia (ASALA).[189]

Greece
According to Ali Külebi, president of an Ankara-based nationalist think tank TUSAM, “It is obvious that the PKK is supported by Greece, considering the PKK’s historical development with major support from Greece.” Külebi alleged in 2007 that PKK militants received training at a base in Lavrion, near Athens.[190] Retired Greek L.T. General Dimitris Matafias and retired Greek Navy Admiral Antonis Naxakis had visited the organization’s Mahsun Korkmaz base camp in Lebanon’s Beqaa Valley in October 1988 along with parliamentarians from the center-left PASOK.[191] At the time it was reported that the general had assumed responsibility for training. Greeks also dispatched arms through the Republic of Cyprus.[191] In December 1993, Greek foreign affairs minister Theodoros Pangalos was quoted as saying “we must be supportive of the Kurdish people to be free”.[192] Greece declined to join Germany and France and the eleven other members at the EU to ban the organization.[192] During his trial, Öcalan admitted, as quoted in Hürriyet, that “Greece has for years supported the PKK movement. They even gave us arms and rockets. Greek officers gave guerrilla training and explosives training to our militants” at a camp in Lavrion, Greece.[193]
Syria
From early 1979 to 1999, Syria had provided valuable safe havens to PKK in the region of Beqaa Valley. However, after the undeclared war between Turkey and Syria, Syria placed restrictions on PKK activity on its soil such as not allowing the PKK to establish camps and other facilities for training and shelter or to have commercial activities on its territory. Syria recognized the PKK as a terrorist organization in 1998.[194] Turkey was expecting positive developments in its cooperation with Syria in the long term, but even during the course of 2005, there were PKK operatives of Syrian nationality operating in Turkey.[167][195]
Iran
Iran provided PKK with supplies in the form of weapons and funds. However, Iran later listed the PKK as a terrorist organization after Party for a Free Life in Kurdistan used Iran’s supply of resources to the PKK on its own soil.[citation needed]
Armenia
Turkish and Azeri sources have alleged in 2007 that PKK maintains camps in the Armenian-controlled Nagorno-Karabakh Republic.[196] Armenia’s Deputy Foreign Minister Arman Kirakosyan called these allegations “sheer nonsense” in 2008.[197] In May 2008 a commentary in the right-wing newspaper Yeni Şafak claimed that the PKK’s leadership, “perhaps feeling insecure in northern Iraq, was mulling a move to Nagorno-Karabakh.” In response, Armenia’s Foreign Ministry press spokesman Vladimir Karapetian stated, “The unsubstantiated rumors about the intentions on the side of the Kurdistan Workers’ Party (PKK) to move to Nagorno-Karabakh and controlled territories cannot be called anything less than another provocation.”[198]
Republic of Cyprus
Support of the Republic of Cyprus was alleged when Abdullah Öcalan was caught with a Cypriot passport under the name of Mavros Lazaros, a nationalist reporter.
Soviet Union and Russia
Former KGBFSB officer Alexander Litvinenko alleges that PKK’s leader Abdullah Öcalan was trained by KGBFSB.[199] As of 2008, Russia is still not among the states that list PKK as a terrorist group despite intense Turkish pressure.
United Kingdom
MED TV broadcast for five years in the UK, until its license was revoked by the regulators the Independent Television Commission (ITC) in 1999. The PKK has been listed as a terrorist organization since 29 March 2001. In 2008, the United Kingdom detained members of the PKK and seized the assets of the PKK’s representative in Britain, Selman Bozkur, alias “Dr. Hüseyin”. His assets remain frozen.[200]
Support of various European states
The Dutch police had allegedly raided the ‘PKK paramilitary camp’ in the Dutch village of Liempde and arrested 29 people in November 2004, but all were soon released.[201] Denmark allows Kurdish satellite television stations (such as ROJ-TV), which Turkey claims has links with the PKK, to operate in Denmark and broadcast into Turkey.[202]
Various PKK leaders, including Hidir Yalcin, Riza Altun, Zubeyir Aydar, and Ali Haydar Kaytan all lived in Europe and moved freely. The free movement was achieved by strong ties with influential persons. Danielle Mitterrand, the wife of the former President of FranceFrançois Mitterrand, had active connections during the 1990s with elements of the organization’s leadership that forced a downgrade in relationships between the two states.[203] After harboring him for some time, Austria arranged a flight to Iraq for Ali Rıza Altun, a suspected key figure with an Interpol arrest warrant on his name.. Turkish foreign minister Abdullah Gül summoned the Austrian ambassador and condemned Austria’s action.[204] On 30 September 1995, while Öcalan was in Syria, Damascus initiated contact with high-ranking German CDU MP Heinrich Lummer and German intelligence officials.
The Chief of the Turkish General Staff during 2007, General Yaşar Büyükanıt, stated that even though the international struggle had been discussed on every platform and even though organizations such as the UN, NATO, and EU made statements of serious commitment, to this day the necessary measures had not been taken.[205] According to Büyükanıt; “this conduct on one side has encouraged the terrorists, on the other side it assisted in widening their activities.[205] 
Sedat Laçiner, of the Turkish think tank ISRO, says that US support of the PKK undermines the US War on Terror.[206] Seymour Hersh claimed that the U.S. supported PEJAK, the Iranian branch of the PKK.[207] The head of the PKK’s militant arm, Murat Karayılan, claimed that Iran attempted to recruit the PKK to attack coalition forces, adding that Kurdish guerrillas had launched a clandestine war in north-western Iran, ambushing Iranian troops.[208]

Designation as a terrorist group

The PKK has been placed on Turkey’s terrorist list, as well as a number of allied governments and organizations.[17]

The European Union — which Turkey aspires to join — in 2011 renewed its official listing of the PKK as group or entity subject to “specific [EU] measures to combat terrorism” under its Common Foreign and Security Policy.[209] First designated as such in 2002, the PKK was ordered to be removed from the EU terror list on 3 April 2008 by the European Court of First Instance on the grounds that the EU had failed to give a proper justification for listing it in the first place.[210] However, EU officials dismissed the ruling, stating that the PKK would remain on the list regardless of the legal decision.[211]

The PKK is designated as a Foreign Terrorist Organization by the US State Department;[212] in 2018, the United States offered a $12 million reward for information on three PKK leaders.[213]

The PKK is also a Proscribed Organisation in the United Kingdom under the Terrorism Act 2000;[214] the British Prime Minister Theresa May used the phrase “Kurdish terrorism” in 2018, in a certain context.[215]

France prosecutes Kurdish-French activists and bans organizations connected to the PKK on terrorism-related charges,[216] having listed the group as a terrorist organization since 1993.[217] However, French courts often refuse to extradite captured individuals accused of PKK connections to Turkey due to technicalities in French law, frustrating Turkish authorities[failed verification].[218]

The following other individual countries have listed or otherwise labelled the PKK in an official capacity as a terrorist organization:

Australia,[219][220] Austria,[221] Azerbaijan,[222] Canada,[223] Czech Republic,[224] Germany,[225] Iran,[226] Japan,[227] Kazakhstan,[228] Kyrgyzstan,[229] New Zealand,[230] Spain,[231] Syria.[194]

States etc. not designating them as terrorist group

NATO Secretary General Jens Stoltenberg explained at a 2019 press conference that “NATO does not have a public list where we list different organisations as terrorist organisations. Some other national organisations have that kind of list, for instance the UN or . . . and EU, but NATO does not have that kind of public list, where we list terrorist organisations.”[232] Turkey has been a member of NATO since 1952, and fields the group’s second-largest armed contingent.

The PKK has never been designated as a terrorist organization by the UN.

Russia has long ignored Turkish pressure to ban the PKK,[233] and the group is also not included in the official terror blacklist of China (PRC), Brazil, Switzerland, India and Egypt.[234][235]

The government of Switzerland has rejected Turkish demands to blacklist the PKK,[236] though it has taken its own measures to monitor and restrict the group’s activities on Swiss soil, including banning the collection of funds for the group in November 2008.[237]Switzerland considers only those organizations as terrorist organizations which are in the terrorist list of the United Nations.[238]

Flags

Party flags

Flag of the Kurdistan Workers’ Party (PKK) (1978–1995)[239]
Flag of the PKK (1995–2000)[239]
Flag of the PKK (2000-2002)
Flag of the KADEK (2002–2003)[239]
Flag of the Kongra-Gel (KGK) (2003–present)[239][240]
Flag of the PKK (2005–present)[241]

Flags of wings

Flag of the People’s Defense Forces (HPG, Formerly HRK and ARGK)[242][243]
Flag of the National Liberation Front of Kurdistan (ERNK) (1985-2000)[239][244]
Former flag of the Free Women’s Units of Star (YJA-STAR)[242]
Current flag of the YJA-STAR[245]

See also

Related and/or associated organizations

Notes

  1. ^ also rendered as Partiya Karkerên Kurdistan, such as on the group’s official website

References…

Further reading

https://en.wikipedia.org/wiki/Kurdistan_Workers%27_Party

 

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The Pronk Pops Show 1329, September 27, 2019, Story 1: National Chocolate Milk Day — Videos — Story 2: Stopping Nuclear Proliferation — Videos — Story 3: Trump Administration Will Appeal Ruling Barring Indefinite Detention of Illegal Alien Families Thus Ending Catch and Release Under The Flores Agreement — Democrats Want The Invasion of United States To Continue and Citizenship For All Illegal Aliens That Reach The United States — The Majority of American People Want Immigration Laws Enforced and Deportation of All 30-60 Millions Illegal Aliens — American People vs. The REDS (Radical Extremist Democrat Socialists) — Videos —

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Story 1: National Chocolate Milk Day — Videos

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NATIONAL CHOCOLATE MILK DAY – September 27

NATIONAL CHOCOLATE MILK DAY

Across the country, folks enjoy a tall, frosty glass on National Chocolate Milk Day, which is observed annually on September 27. 

In the late 1680s, an Irish-born physician by the name of Sir Hans Sloane invented the chocolatey beverage. When offered the position of personal physician to an English Duke in Jamaica, Sloane jumped at the opportunity. Jamaica interested the naturalist in him.

While in Jamaica, Sloane encountered a local beverage. The locals mixed cocoa and water together.  However, when Sloane tasted it, he reported the flavor to be nauseating. After some experimentation, the doctor found a way to combine cocoa with milk. The creamy combination made it a more pleasant-tasting drink. Years later, Sloane returned to England with the chocolate recipe in hand. Initially, apothecaries introduced the concoction as a medicine.

Generations later, chocolate milk lovers enjoy their treat a variety of ways.  It can be purchased premixed by the jug or individual serving. For a custom mix, powders and syrups allow us to make it as chocolatey as we like at home.

HOW TO OBSERVE #ChocolateMilkDay

Do you use powder, premix or syrup? Today we even have skim, 2% and whole milk. Which do you prefer? Mix up some chocolate milk to drink. Invite a friend to enjoy the celebration with you. Besides, the best way to #CelebrateEveryDay is with others. Share your celebration using #ChocolateMilkDay on social media.

Educators, visit the National Day Calendar® classroom for ways to incorporate this day into your classes.

NATIONAL CHOCOLATE MILK DAY HISTORY

National Day Calendar® continues researching the origins of this sweet beverage holiday.

There are over 1,500 national days. Don’t miss a single one. Celebrate Every Day® with National Day Calendar®!

 

National Chocolate Day

From Wikipedia, the free encyclopedia

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There are a variety of dates that have been designated as “Chocolate Day” around the world. The most commonly accepted such date is July 7.[citation needed] Various Chocolate Days have been called Local, National or International/World, including conflicting claims.[citation needed]

The U.S. National Confectioners Association lists four primary chocolate holidays on their calendar[1][improper synthesis?] (Chocolate Day (July 7), two National Chocolate Days (October 28 and December 28), and International Chocolate Day (September 13)[2]), in addition to variants such as National Milk Chocolate Day, National White Chocolate Day, and National Cocoa Day.

International Chocolate Day coincides with the birth date of Milton S. Hershey (September 13, 1857),[3][4][5] founder of The Hershey Chocolate Company.

See also

References

  1. ^ “Candy Holidays”National Confectioners Association. Retrieved 2 October 2017.
  2. ^ “Reasons to celebrate chocolate in September”National Confectioners Association. Retrieved 2 October 2017.
  3. ^ “Milton Hershey Biography”Biography.com. Retrieved 2 October 2017.
  4. ^ September 2008 dates to celebrateCreative Forecasting20 (7–12): 6. Retrieved 7 July 2014International Chocolate Day – This day celebrates the birth anniversary of Milton Hershey (1857 – 1945)
  5. ^ “Milton Hershey: Happy Birthday”. The Hershey Company. Retrieved 2 October 2017.

Further reading

https://en.wikipedia.org/wiki/National_Chocolate_Day

LIVE: UNGA afternoon plenary marks International Day for the Total Elimination of Nuclear Weapons

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Intermediate-Range Nuclear Forces Treaty

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Intermediate-Range Nuclear Forces Treaty
Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles
Gorbachev and Reagan sign the INF Treaty.

Mikhail Gorbachev and Ronald Reagan sign the INF Treaty.
Type Nuclear disarmament
Signed 8 December 1987, 1:45 p.m.[1]
Location White HouseWashington, D.C.
Effective 1 June 1988
Condition Ratification by the Soviet Union and United States
Expiration 1 February 2019
Signatories
Languages English and Russian
Text of the INF Treaty

The Intermediate-Range Nuclear Forces Treaty (INF Treaty, formally Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range MissilesRussianДоговор о ликвидации ракет средней и меньшей дальности / ДРСМД, Dogovor o likvidatsiy raket sredney i menshey dalnosti / DRSMD) was an arms control treaty between the United States and the Soviet Union (and its successor state, the Russian Federation). US President Ronald Reagan and Soviet General Secretary Mikhail Gorbachev signed the treaty on 8 December 1987.[1][2] The United States Senate approved the treaty on 27 May 1988, and Reagan and Gorbachev ratified it on 1 June 1988.[2][3]

The INF Treaty banned all of the two nations’ land-based ballistic missilescruise missiles, and missile launchers with ranges of 500–1,000 kilometers (310–620 mi) (short medium-range) and 1,000–5,500 km (620–3,420 mi) (intermediate-range). The treaty did not apply to air- or sea-launched missiles.[4][5] By May 1991, the nations had eliminated 2,692 missiles, followed by 10 years of on-site verification inspections.[6]

Amidst continuing growth of China’s missile forces, US President Donald Trump announced on 20 October 2018 that he was withdrawing the US from the treaty, accusing Russia of non-compliance.[7][8] The US formally suspended the treaty on 1 February 2019,[9] and Russia did so on the following day in response.[10] The US formally withdrew from the treaty on 2 August 2019.[11] On September 4, 2019, President Putin stated that Russia will make new missiles but will not deploy them until the United States does so first. [12]

Contents

Background

In March 1976, the Soviet Union first deployed the RSD-10 Pioneer (called SS-20 Saber in the West) in its European territories, a mobile, concealable intermediate-range ballistic missile (IRBM) with a multiple independently targetable reentry vehicle (MIRV) containing three nuclear 150-kiloton warheads.[13] The SS-20’s range of 4,700–5,000 kilometers (2,900–3,100 mi) was great enough to reach Western Europe from well within Soviet territory; the range was just below the SALT II minimum range for an intercontinental ballistic missile, 5,500 km (3,400 mi).[14][15][16] The SS-20 replaced aging Soviet systems of the SS-4 Sandal and SS-5 Skean, which were seen to pose a limited threat to Western Europe due to their poor accuracy, limited payload (one warhead), lengthy preparation time, difficulty in being concealed, and immobility (thus exposing them to pre-emptive NATO strikes ahead of a planned attack).[17] Whereas the SS-4 and SS-5 were seen as defensive weapons, the SS-20 was seen as a potential offensive system.[18]

The US, then under President Jimmy Carter, initially considered its strategic nuclear weapons and nuclear-capable aircraft to be adequate counters to the SS-20 and a sufficient deterrent against possible Soviet aggression. In 1977, however, Chancellor Helmut Schmidt of West Germany argued in a speech that a Western response to the SS-20 deployment should be explored, a call which was echoed by NATO, given a perceived Western disadvantage in European nuclear forces.[16] Leslie H. Gelb, the US Assistant Secretary of State, later recounted that Schmidt’s speech pressured the US into developing a response.[19]

SS-20 launchers

On 12 December 1979, following European pressure for a response to the SS-20, Western foreign and defense ministers meeting in Brussels made the NATO Double-Track Decision.[16] The ministers argued that the Warsaw Pact had “developed a large and growing capability in nuclear systems that directly threaten Western Europe”: “theater” nuclear systems (i.e., tactical nuclear weapons).[20] In describing this “aggravated” situation, the ministers made direct reference to the SS-20 featuring “significant improvements over previous systems in providing greater accuracy, more mobility, and greater range, as well as having multiple warheads”. The ministers also attributed the altered situation to the deployment of the Soviet Tupolev Tu-22M strategic bomber, which they believed to display “much greater performance” than its predecessors. Furthermore, the ministers expressed concern that the Soviet Union had gained an advantage over NATO in “Long-Range Theater Nuclear Forces” (LRTNF), and also significantly increased short-range theater nuclear capacity.[21]

To address these developments, the ministers adopted two policy “tracks” which Joseph Stalin had created in 1941. One thousand theater nuclear warheads, out of 7,400 such warheads, would be removed from Europe and the US would pursue bilateral negotiations with the Soviet Union intended to limit theater nuclear forces. Should these negotiations fail, NATO would modernize its own LRTNF, or intermediate-range nuclear forces (INF), by replacing US Pershing 1a missiles with 108 Pershing II launchers in West Germany and deploying 464 BGM-109G Ground Launched Cruise Missiles (GLCMs) to BelgiumItaly, the Netherlands, and the United Kingdom beginning in December 1983.[15][22][23][24]

Negotiations

Early negotiations: 1981–1983

The Soviet Union and United States agreed to open negotiations and preliminary discussions, named the Preliminary Intermediate-Range Nuclear Forces Talks,[15] which began in GenevaSwitzerland, in October 1980. On 20 January 1981, Ronald Reagan was sworn into office as President after defeating Jimmy Carter in an election. Formal talks began on 30 November 1981, with the US then led by Ronald Reagan and the Soviet Union by Leonid Brezhnev. The core of the US negotiating position reflected the principles put forth under Carter: any limits placed on US INF capabilities, both in terms of “ceilings” and “rights”, must be reciprocated with limits on Soviet systems. Additionally, the US insisted that a sufficient verification regime be in place.[25]

Paul Nitze, 1983

Paul Nitze, a longtime hand at defense policy who had participated in the Strategic Arms Limitation Talks (SALT), led the US delegation after being recruited by Secretary of State Alexander Haig. Though Nitze had backed the first SALT treaty, he opposed SALT II and had resigned from the US delegation during its negotiation. Nitze was also then a member of the Committee on the Present Danger, a firmly anti-Soviet group composed of neoconservatives and conservative Republicans.[19][26] Yuli Kvitsinsky, the well-respected second-ranking official at the Soviet embassy in West Germany, headed the Soviet delegation.[18][27][28][29]

On 18 November 1981, shortly before the beginning of formal talks, Reagan made the Zero Option proposal (or the “zero-zero” proposal).[30] The plan called for a hold on US deployment of GLCM and Pershing II systems, reciprocated by Soviet elimination of its SS-4, SS-5, and SS-20 missiles. There appeared to be little chance of the Zero Option being adopted, but the gesture was well received in the European public. In February 1982, US negotiators put forth a draft treaty containing the Zero Option and a global prohibition on intermediate- and short-range missiles, with compliance ensured via a stringent, though unspecific, verification program.[27]

Opinion within the Reagan administration on the Zero Option was mixed. Richard Perle, then the Assistant Secretary of Defense for Global Strategic Affairs, was the architect of the plan. Secretary of Defense Caspar Weinberger, who supported a continued US nuclear presence in Europe, was skeptical of the plan, though eventually accepted it for its value in putting the Soviet Union “on the defensive in the European propaganda war”. Reagan later recounted that the “zero option sprang out of the realities of nuclear politics in Western Europe”.[30] The Soviet Union rejected the plan shortly after the US tabled it in February 1982, arguing that both the US and Soviet Union should be able to retain intermediate-range missiles in Europe. Specifically, Soviet negotiators proposed that the number of INF missiles and aircraft deployed in Europe by one side be capped at 600 by 1985 and 300 by 1990. Concerned that this proposal would force the US to withdraw aircraft from Europe and not deploy INF missiles, given US cooperation with existing British and French deployments, the US proposed “equal rights and limits”—the US would be permitted to match Soviet SS-20 deployments.[27]

Between 1981 and 1983, US and Soviet negotiators gathered for six rounds of talks, each two months in length—a system based on the earlier SALT talks.[27] The US delegation was composed of Nitze, General William F. Burns of the Joint Chiefs of StaffThomas Graham of the Arms Control and Disarmament Agency (ACDA), and officials from the US Department of StateOffice of the Secretary of Defense, and US National Security Council. Colonel Norman Clyne, a SALT participant, served as Nitze’s chief of staff.[18][31]

There was little convergence between the two sides over these two years. A US effort to separate the question of nuclear-capable aircraft from that of intermediate-range missiles successfully focused attention on the latter, but little clear progress on the subject was made. In the summer of 1982, Nitze and Kvitsinsky took a “walk in the woods” in the Jura Mountains, away from formal negotiations in Geneva, in an independent attempt to bypass bureaucratic procedures and break the negotiating deadlock.[32][18][33] Nitze later said that his and Kvitsinsky’s goal was to agree to certain concessions that would allow for a summit meeting between Brezhnev and Reagan later in 1982.[34]

Protest in Amsterdam against the nuclear arms race between the US/NATO and the Soviet Union

Nitze’s offer to Kvitsinsky was that the US would forego deployment of the Pershing II and continue deployment of GLCMs, but limited to 75 missile launchers. The Soviet Union, in return, would also have to limit itself to 75 intermediate-range missile launchers in Europe and 90 in Asia. Due to each GLCM launcher containing four GLCMs and each SS-20 launcher containing three warheads, such an agreement would have resulted in the US having 75 more intermediate-range warheads in Europe than the Soviet Union, though SS-20s were seen as more advanced and maneuverable than GLCMs. While Kvitsinsky was skeptical that the plan would be well received in Moscow, Nitze was optimistic about its chances in Washington.[34] The deal ultimately found little traction in either capital. In the US, the Office of the Secretary of Defense opposed Nitze’s proposal, as it opposed any proposal that would allow the Soviet Union to deploy missiles to Europe while blocking US deployments. Nitze’s proposal was relayed by Kvitsinsky to Moscow, where it was also rejected. The plan accordingly was never introduced into formal negotiations.[32][18]

Thomas Graham, a US negotiator, later recalled that Nitze’s “walk in the woods” proposal was primarily of Nitze’s own design and known beforehand only to William F. Burns, another arms control negotiator and representative of the Joint Chiefs of Staff (JCS), and Eugene V. Rostow, the director of the Arms Control and Disarmament Agency. In a National Security Council meeting following the Nitze-Kvitsinsky walk, the proposal was received positively by the JCS and Reagan. Following protests by Richard Perle, working within the Office of the Secretary of Defense, Reagan informed Nitze that he would not back the plan. The State Department, then led by Alexander Haig, also indicated that it would not support Nitze’s plan and preferred a return to the Zero Option proposal.[18][33][34] Nitze argued that one positive consequence of the walk in the woods was that the European public, which had doubted US interest in arms control, became convinced that the US was participating in the INF negotiations in good faith.[34]

In early 1983, US negotiators indicated that they would support a plan beyond the Zero Option if the plan established equal rights and limits for the US and Soviet Union, with such limits valid worldwide, and excluded British and French missile systems (as well as those of any other third party). As a temporary measure, the US negotiators also proposed a cap of 450 deployed INF warheads around the world for both the US and Soviet Union. In response, Soviet negotiators expressed that a plan would have to block all US INF deployments in Europe, cover both missiles and aircraft, include third parties, and focus primarily on Europe for it to gain Soviet backing. In the fall of 1983, just ahead of the scheduled deployment of US Pershing IIs and GLCMs, the US lowered its proposed limit on global INF deployments to 420 missiles, while the Soviet Union proposed “equal reductions”: if the US cancelled the planned deployment of Pershing II and GLCM systems, the Soviet Union would reduce its own INF deployment by 572 warheads. In November 1983, after the first Pershing IIs arrived in West Germany, the Soviet Union walked out of negotiations, as it had warned it would do should the US missile deployments occur.[35]

Restarted negotiations: 1985–1987

Reagan and Gorbachev shake hands after signing the INF Treaty ratification during the Moscow Summit on 1 June 1988.

British Prime Minister Margaret Thatcher played a key role in brokering the negotiations between Reagan and Gorbachev in 1986 to 1987.[36]

In March 1986, negotiations between the US and the Soviet Union resumed, covering not only the INF issue, but also separate discussions on strategic weapons (START I) and space issues (Nuclear and Space Talks). In late 1985, both sides were moving towards limiting INF systems in Europe and Asia. On 15 January 1986, Gorbachev announced a Soviet proposal for a ban on all nuclear weapons by 2000, which included INF missiles in Europe. This was dismissed by the US and countered with a phased reduction of INF launchers in Europe and Asia to none by 1989. There would be no constraints on British and French nuclear forces.[37]

A series of meetings in August and September 1986 culminated in the Reykjavík Summit between Reagan and Gorbachev on 11 and 12 October 1986. Both agreed in principle to remove INF systems from Europe and to equal global limits of 100 INF missile warheads. Gorbachev also proposed deeper and more fundamental changes in the strategic relationship. More detailed negotiations extended throughout 1987, aided by the decision of West Germany Chancellor Helmut Kohl in August to unilaterally remove the joint US-West German Pershing 1a systems. Initially, Kohl had opposed the total elimination of the Pershing Missiles, claiming that such a move would increase his nation’s vulnerability to an attack by Warsaw Pact Forces.[38] The treaty text was finally agreed in September 1987. On 8 December 1987, the Treaty was officially signed by President Reagan and General Secretary Gorbachev at a summit in Washington and ratified the following May in a 93-5 vote by the United States Senate.[39][40]

Contents

The treaty prohibits both parties from possessing, producing, or flight-testing ground-launched ballistic and cruise missiles with ranges of 500–5,000 km. Possessing or producing ground-based launchers of those missiles is also prohibited. The ban extends to weapons with both nuclear and conventional warheads, but does not cover air-delivered or sea-based missiles.[41]

Existing weapons had to be destroyed, and a protocol for mutual inspection was agreed upon.[41]

Each party has the right to withdraw from the treaty with six months’ notice, “if it decides that extraordinary events related to the subject matter of this Treaty have jeopardized its supreme interests”.[41]

Timeline

Implementation[edit]

A Soviet inspector examines a BGM-109G Gryphon ground-launched cruise missile in 1988 prior to its destruction.

Accompanied by their NATO counterparts, Soviet inspectors enter a nuclear weapons storage area at Greenham Common, UK, 1989.

By the treaty’s deadline of 1 June 1991, a total of 2,692 of such weapons had been destroyed, 846 by the US and 1,846 by the Soviet Union.[42] The following specific missiles, their launcher systems, and their transporter vehicles were destroyed:[43]

After the dissolution of the Soviet Union in December 1991, the United States considered twelve of the post-Soviet states to be inheritors of the treaty obligations (the three Baltic states are considered to preexist their annexation by the Soviet Union). Of the six having inspectable INF facilities on their territories, BelarusKazakhstan, the Russian Federation, and Ukraine became active participants in the treaty process, while Turkmenistan and Uzbekistan, having less significant INF sites, assumed a less active role.[44]

As provided by the treaty, onsite inspections ended in 2001. After that time, compliance was checked primarily by satellites.[45]

Initial skepticism and allegations of treaty violations

In February 2007, the Russian president Vladimir Putin gave a speech at the Munich Security Conference in which he said the INF Treaty should be revisited to ensure security, as it only restricted Russia and the US but not other countries.[46] The Chief of the General Staff of the Armed Forces of the Russian Federation Yuri Baluyevsky contemporaneously said that Russia was planning to unilaterally withdraw from the treaty in response to deployment of adaptable defensive NATO missile system and because other countries were not bound to the treaty.[47]

According to US officials, Russia violated the treaty by testing the SSC-8 cruise missile in 2008.[48] Russia rejected the claim that their SSC-8 missiles violates the treaty, and says that the SSC-8 can travel only up to a maximum of 480 km.[49] In 2013, reports came out that Russia had tested and planned to continue testing two missiles in ways that could violate the terms of the treaty: the SS-25 road mobile intercontinental ballistic missile and the newer RS-26 ICBM.[50] The US representatives briefed NATO on a Russian nuclear treaty breach again in 2014[51][52] and 2017,[48][53] and in 2018, NATO formally supported the US accusations and accused Russia of breaking the treaty.[11][54] Russia denied the accusation and Putin said it was a pretext for the US to leave the pact.[11] A BBC analysis of the meeting that culminated in the NATO statement said that “NATO allies here share Washington’s concerns and have backed the US position, thankful perhaps that it includes this short grace period during which Russia might change its mind.”[55]

In 2011, Dan Blumenthal of the American Enterprise Institute wrote that the actual Russian problem with the INF was that China is not bound by it and continued to build up their own intermediate-range forces.[56]

According to Russian officials and academic Theodore Postol, the American decision to deploy the missile defense system in Europe was a violation of the treaty as they claim they could be quickly retrofitted with offensive capabilities;[57][58][59] this accusation has in turn been rejected by US and NATO officials and analyst Jeffrey Lewis.[59][60] Russian experts also stated that the US usage of target missiles and unmanned aerial vehicles, such as the MQ-9 Reaper and MQ-4, violated the INF Treaty[61] which has also in turn been rejected by US officials.[62]

US withdrawal and termination

The United States declared its intention to withdraw from the treaty on 20 October 2018.[7][63][64] Donald Trump mentioned at a campaign rally that the reason for the pullout was because “they’ve [Russia has] been violating it for many years”.[63] This prompted Putin to state that Russia would not launch first in a nuclear conflict but would “annihilate” any adversary, essentially re-stating the policy of “Mutually Assured Destruction“. Putin claimed Russians killed in such a conflict “will go to heaven as martyrs”.[65]

It was also reported that the United States’ need to counter a Chinese arms buildup in the Pacific, including within South China Sea, was another reason for their move to withdraw, because China is not a signatory to the treaty.[7][63][64] US officials extending back to the Obama period have noted this. For example, Kelly Magsamen, who helped craft the Pentagon’s Asian policy under the Obama administration, said China’s ability to work outside of the INF treaty had vexed policymakers in Washington, long before Trump came into office.[66] A Politico article noted the different responses US officials gave to this issue: “either find ways to bring China into the treaty or develop new American weapons to counter it” or “negotiating a new treaty with that country”.[67] The deployment since 2016 of the DF-26 missile system with a range of 4,000 km meant that US forces as far as Guam can be threatened.[66] The United States Secretary of Defense at the time, Jim Mattis, was quoted stating that “the Chinese are stockpiling missiles because they’re not bound by it at all”.[7] Bringing an ascendant China into the treaty, or into a new comprehensive treaty including other nuclear powers, was further complicated by relationships between China, India and Pakistan.[68]

John R. Bolton holds a meeting with Russian Defense Minister Sergei Shoigu in Moscow on 23 October 2018

The Chinese Foreign Ministry said a unilateral US withdrawal would have a negative impact and urged the US to “think thrice before acting”. John R. BoltonUS National Security Advisor, said on Echo of Moscow that recent Chinese statements indicate that it wants Washington to stay in the treaty, while China itself is not bound in a treaty.[66] It’s been estimated that 90% of China’s ground missile arsenal would be outlawed if China were a party to the treaty.[67] Bolton said in an interview with Elena Chernenko from the Russian newspaper Kommersant on 22 October 2018: “we see China, IranNorth Korea all developing capabilities which would violate the treaty if they were parties to it. So the possibility that could have existed fifteen years ago to enlarge the treaty and make it universal today just simply was not practical.”[69]

On 26 October 2018, Russia called but lost a vote to get the UN General Assembly to consider calling on Washington and Moscow to preserve and strengthen the treaty.[70] Russia had proposed a draft resolution in the 193-member General Assembly’s disarmament committee, but missed the 18 October submission deadline[70] so it instead called for a vote on whether the committee should be allowed to consider the draft.[70] On the same day, John R. Bolton said in an interview with Reuters that the INF Treaty was a cold war relic and he wanted to hold strategic talks with Russia about Chinese missile capabilities.[71] China has been suggested to be “the real target of the [pull out]”.[67]

Four days later, NATO Secretary General Jens Stoltenberg called on Russia to comply with the treaty at a news conference in Norway saying “The problem is the deployment of new Russian missiles”.[72]

Russian president Vladimir Putin announced on 20 November 2018 that the Kremlin was prepared to discuss INF with Washington but would “retaliate” if the United States withdrew.[73]

Starting on 4 December 2018, the United States said Russia had 60 days to comply with the treaty.[74] On 5 December 2018, Russia responded by revealing their Peresvet combat laser, stating they had been deployed to Russia armed forces as early as 2017 “as part of the state procurement program”.[75]

Russia presented the 9M729 (SSC-8) missile and its technical parameters to foreign military attachés at a military briefing on 23 January 2019, held in what it said was an exercise in transparency it hoped would persuade Washington to stay in the treaty.[76] The Russian Defence Ministry said diplomats from the United States, Britain, France and Germany had been invited to attend the static display of the missile, but they declined to attend.[76] The United States had previously rejected a Russian offer to do so because it said such an exercise would not allow it to verify the true range of its warheads.[76]

The summit between US and Russia on 30 January 2019 failed to find a way to preserve the treaty.[77]

The United States suspended its compliance with the INF Treaty on 2 February 2019 following an announcement by US Secretary of State Mike Pompeo the day prior. In addition the US said there was a six-month timeline for full withdrawal and INF Treaty termination if the Russian Federation did not come back into compliance within those six months given.[78][68] The same day, Russian President Vladimir Putin announced that Russia had also suspended the INF Treaty in a ‘mirror response’ to President Donald Trump’s decision to suspend the treaty, effective that day.[10] The next day, Russia started work on new intermediate range (ballistic) hypersonic missiles along with land based (club kalibr – biryuza) systems (both nuclear armed) in response to the USA announcing it would start to conduct research and development of weapons prohibited under the treaty.[79]

Following the six-month period from 2 February suspension from INF, the United States administration formally announced it had withdrawn from the treaty on 2 August 2019. According to US Secretary of State Mike Pompeo, “Russia is solely responsible for the treaty’s demise”.[80] While formally ratifying a treaty requires two-thirds of the Senate to ratify, a number of presidential decisions during the 20th and 21st centuries have set a common legal ground that the President and executive branch can unilaterally withdraw from a treaty without congressional approval, as Congress has rarely acted to stop such actions.[81] On the same day of the withdrawal, the United States Department of Defense announced plans to test a new type of missile, one that would have violated the treaty, from an eastern NATO base. Military leaders stated the need for this new missile as to stay ahead of both Russia and China, in response to Russia’s continued violations.[80]

The US’s withdrawal was backed by several of its NATO allies, citing the years of Russia’s non-compliance with the INF treaty.[80] In response to the withdrawal, Russian Deputy Foreign Minister Sergei Ryabkov invited the US and NATO “to assess the possibility of declaring the same moratorium on deploying intermediate-range and shorter-range equipment as we have, the same moratorium Vladimir Putin declared, saying that Russia will refrain from deploying these systems when we acquire them unless the American equipment is deployed in certain regions.”[80] This moratorium request was rejected by Stoltenberg who said that it was not credible as Moscow had already deployed such warheads.[82] On August 5, 2019, Russian president Vladimir Putin stated, “As of August 2, 2019 the INF Treaty no longer exists. Our US colleagues sent it to the archives, making it a thing of the past.”[83]

United States test firing a conventionally configured ground-launched medium-range cruise missile on 18 August 2019

On 18 August 2019, the United States conducted a test firing of a missile that would not have been allowed under the treaty.[84][85] The Pentagon said that the data collected and lessons learned from this test would inform its future development of intermediate-range capabilities while the Russian foreign ministry said that it was a cause for regret, and accused the US of escalating military tensions.[84][85]

Reactions to the withdrawal

Numerous prominent nuclear arms control experts, including George ShultzRichard Lugar and Sam Nunn, urged Trump to preserve the treaty.[86] Mikhail Gorbachev commented that Trump’s nuclear treaty withdrawal is “not the work of a great mind” and that “a new arms race has been announced”.[87][88]

The decision was criticized by chairmen of the United States House of Representatives Committees on Foreign Affairs and Armed Services who said that instead of crafting a plan to hold Russia accountable and pressure it into compliance, the Trump administration has offered Putin an easy way out of the treaty and has played right into his hands.[89] Similar arguments were brought previously, on 25 October 2018 by European members of NATO who urged the United States “to try to bring Russia back into compliance with the treaty rather than quit it, seeking to avoid a split in the alliance that Moscow could exploit”.[70]

Stoltenberg has suggested the INF Treaty could be expanded to include countries such as China and India, whose non-inclusion, Stoltenberg said, Russia had previously admonished.[90]

There were contrasting opinions on the withdrawal among American lawmakers. The INF Treaty Compliance Act (H.R. 1249) was introduced to stop the United States from using Government funds to develop missiles prohibited by the treaty.[91][92] while Senators Jim Inhofe and Jim Risch issued statements of support.[93]

On 8 March 2019, the Foreign Ministry of Ukraine announced that since the United States and Russian Federation had both pulled out of the INF treaty, it now had the right to develop intermediate-range missiles, citing Russian aggression as a serious threat to the European continent, and the presence of Russian Iskander-M nuclear-capable missile systems in Crimea.[94] Ukraine had about forty percent of Soviet space industry, but never developed a missile with the range to strike Moscow[95] (only having both longer and shorter-ranged missiles). Ukrainian president Petro Poroshenko said “We need high-precision missiles and we are not going to repeat the mistakes of the Budapest Memorandum“.[95]

After the United States withdrew from the treaty, multiple sources opined that it would allow the country to more effectively counter Russia and China’s missile forces.[96][97][98]

References…

https://en.wikipedia.org/wiki/Intermediate-Range_Nuclear_Forces_Treaty

Story 3: Trump Administration Will Appeal Ruling Barring Indefinite Detention of Illegal Alien Families Thus Ending Catch and Release Under The Flores Agreement — Democrats Want The Invasion of United States To Continue and Citizenship For All Illegal Aliens That Reach The United States — The Majority of American People Want Immigration Laws Enforced and Deportation of All 30-60 Millions Illegal Aliens — American People vs. The REDS (Radical Extremist Democrat Socialists) — Videos

 

Judge blocks effort to extend migrant children’s detention

Carafano: Trump’s Action On Flores Agreement Much More Humane

News Wrap: House challenges Trump on border national emergency

19 States File Lawsuit Against Government Over Flores Settlement Agreement

Trump Administration To Allow Longer Detention Of Migrant Families

Press conference of the U.S. Secretary of Immigration and Customs Enforcement

Trump administration ends “loophole” immigration rule that could keep kids in detention for longer

Flores Settlement

U.S. judge blocks Trump rule on migrant child detention

By Kristina Cooke

LOS ANGELES, Sept 27 (Reuters) – A U.S. judge on Friday blocked a Trump administration rule that would have allowed indefinite detention of migrant families, saying it was inconsistent with a decades-old court settlement that governs conditions for migrant children in U.S. custody.

The 1997 settlement agreement, which originated in 1985 with a complaint brought on behalf of 15-year-old Salvadoran immigrant Jenny L. Flores, set standards for humane treatment of children in detention and ordered their prompt release in most cases.

The Trump administration had hoped a new rule issued on Aug. 23 would replace the settlement, which had been modified over the years to prevent the long-term detention of families. The administration had said its rule would allow families to be held in humane conditions while their U.S. immigration court cases were decided.

The judge disagreed.

“This regulation is inconsistent with one of the primary goals of the Flores Agreement, which is to instate a general policy favoring release and expeditiously place minors ‘in the least restrictive setting appropriate to the minor’s age and special needs,'” U.S. District Court Judge Dolly Gee in Los Angeles wrote in her ruling.

“The Flores Settlement Agreement remains in effect and has not been terminated,” she wrote.

U.S. President Donald Trump has made cracking down on immigration a hallmark of his presidency, and administration officials have repeatedly referred to the Flores agreement’s standards as “loopholes” that have attracted increasing numbers of mostly Central American families seeking U.S. asylum by forcing authorities to release them into the United States to wait for the outcome of their immigration hearings.

The new regulation would have allowed the administration to hold families indefinitely during court processes that can take months or years because of large court backlogs. It had been due to go into effect next month.

In a court hearing in Los Angeles on Friday, Gee asked Department of Justice Attorney August Flentje how he could argue that the new regulations were not inconsistent with the terms of the Flores agreement.

“Just because you tell me it is night outside, doesn’t mean it is not day,” Gee said.

Lawyers for the Trump administration are expected to appeal. A Department of Justice spokesman said it was “disappointed that the court is continuing to impose the outdated Flores Agreement even after the government has done exactly what the Agreement required: issue a comprehensive rule that will protect vulnerable children, maintain family unity, and ensure due process for those awaiting adjudication of their immigration claims.”

The acting director of Immigration and Customs Enforcement, Matthew Albence, said earlier this week that family detention was just one tool available to the administration as it seeks to end what it calls “catch and release”. A policy that began this year of sending border crossers back to Mexico to wait for their immigration hearings is another, he said.

Albence and other administration officials have said the government would not be able to add to its around 3,300 family detention beds without additional funds being made available by the U.S. Congress. (Reporting by Kristina Cooke in Los Angelese and Alexandra Alper in Washington; Editing by Sandra Maler )

https://www.dailymail.co.uk/wires/reuters/article-7514067/U-S-judge-blocks-Trump-rule-migrant-child-detention.html

 

Reno v. Flores

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Reno v. Flores
Seal of the United States Supreme Court

Argued October 13, 1992
Decided March 23, 1993
Full case name Janet Reno, Attorney General, et al. v. Jenny Lisette Flores, et al.
Citations 507 U.S. 292 (more)

113 S. Ct. 1439; 123 L. Ed. 2d 1; 1993 U.S. LEXIS 2399; 61 U.S.L.W. 4237; 93 Cal. Daily Op. Service 2028; 93 Daily Journal DAR 3628; 7 Fla. L. Weekly Fed. S 73
Case history
Prior 942 F.2d 1352 (9th Cir. 1991); cert. granted, 503 U.S. 905 (1992).
Holding
INS regulation—which provides that alien juveniles detained on suspicion of being deportable may be released only to a parent, legal guardian, or other related adult—accords with both the Due Process Clause and the Immigration and Nationality Act.
Court membership
Chief Justice
William Rehnquist
Associate Justices
Byron White · Harry Blackmun
John P. Stevens · Sandra Day O’Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Case opinions
Majority Scalia, joined by Rehnquist, White, O’Connor, Kennedy, Souter, and Thomas
Concurrence O’Connor, joined by Souter
Dissent Stevens, joined by Blackmun
Laws applied
8 U.S.C.§ 1252(a)(1)

Janet Reno, Attorney General, et al. v. Jenny Lisette Flores, et al. (Reno v. Flores), 507 U.S. 292 (1993), was a Supreme Court of the United States case that addressed the detention and release of unaccompanied minors.

The Supreme Court ruled that the Immigration and Naturalization Service‘s regulations regarding the release of alien unaccompanied minors did not violate the Due Process Clause of the United States Constitution.[1] The Court held that “alien juveniles detained on suspicion of being deportable may be released only to a parent, legal guardian, or other related adult.” The legacy for which Reno v. Flores became known was the subsequent 1997 court-supervised stipulated settlement agreement which is binding on the defendants (the federal government agencies)[2]—the Flores v. Reno Settlement Agreement or Flores Settlement Agreement (FSA) to which both parties in Reno v. Flores agreed in the District Court for Central California (C.D. Cal.).[3][Notes 1] The Flores Settlement Agreement (FSA), supervised by C.D. Cal., has set strict national regulations and standards regarding the detention and treatment of minors by federal agencies for over twenty years. It remains in effect until the federal government introduces final regulations to implement the FSA agreement. The FSA governs the policy for the treatment of unaccompanied alien children in federal custody of the legacy INS and its successor—United States Department of Homeland Security (DHS) and the various agencies that operate under the jurisdiction of the DHS. The FSA is supervised by a U.S. district judge in the District Court for Central California.[4]

The litigation originated in the class action lawsuit Flores v. Meese filed on July 11, 1985 by the Center for Human Rights and Constitutional Law (CHRCL) and two other organizations on behalf of immigrant minors, including Jenny Lisette Flores, who had been placed in a detention center for male and female adults after being apprehended by the former Immigration and Naturalization Service (INS) as she attempted to illegally cross the Mexico-United States border.

Under the Flores Settlement and current circumstances, DHS asserts that it generally cannot detain alien children and their parents together for more than brief periods [4]. In his June 20, 2018 executive order, President Trump had directed then-Attorney General Jeff Sessions to ask the District Court for the Central District of California, to “modify” the Flores agreement to “allow the government to detain alien families together” for longer periods, which would include the time it took for the family’s immigration proceedings and potential “criminal proceedings for unlawful entry into the United States”.[4]:2 In July 9, Judge Gee of the Federal District of California, ruled that there was no basis to amend the 1997 Flores Settlement Agreement (FSA) that “requires children to be released to licensed care programs within 20 days.”[5]

In 2017, U.S. District Judge Dolly Gee found that children who were in custody of the U.S. Customs and Border Protection lacked “food, clean water and basic hygiene items” and were sleep-deprived. She ordered the federal government to provide items such as soap and to improve the conditions.[6] The federal government appealed the decision saying that the order forcing them to offer specific items and services exceeded the original Flores agreement. The June 18, 2019 hearing became infamous[7] and caused nation wide outrage when a video of the Department of Justice senior attorney arguing against providing minors with toothbrushes and soap, went viral. The federal government lost their appeal when the 3 judge appeals court upheld Judge Gee’s order on August 15, 2019.[6]

Contents

Background and lower court cases

In 1985, Jenny Lisette Flores, an unaccompanied 15-year-old girl from El Salvador, was apprehended by the Immigration and Naturalization Service (INS) after illegally attempting to cross the Mexico-United States border.[8]:1648 The unaccompanied minor was taken to a detention facility where she was held among adults of both sexes, was daily strip searched, and was told she would only be released to the custody of her parents, who, INS suspected, were illegal immigrants.[9]

On July 11, 1985, the Center for Human Rights and Constitutional Law and two other organizations, filed a class action lawsuit Flores v. Meese, No. 85-4544 (C.D. Cal.) on behalf of Flores and “all minors apprehended by the INS in the Western Region of the United States”,[3]:1 against U.S. Attorney General Edwin Meese, challenging the conditions of juvenile detention and alleging that the “defendants’ policies, practices and regulations regarding the detention and release of unaccompanied minors taken into the custody of the Immigration and Naturalization Service (INS) in the Western Region” were unconstitutional.[3]:1 Lawyers for the plaintiffs said that government’s detention and release policies were in violation of the children’s rights under the Equal Protection Clause and the Due Process Clause of the United States Constitution.[8]:1648[10] The plaintiffs originally directed their complaint at the newly released policy introduced by then director of Western Region of the Immigration and Naturalization Service (INS), Harold W. Ezell. Under the new policy—83 Fed. Reg. at 45489—which was introduced on September 6, 1984, a detained immigrant minor “could only be released to a parent or legal guardian”. This resulted in minors, such as Flores, being detained in poor conditions for “lengthy or indefinite” periods of time.[11]:33

In late 1987, the C.D. Cal District Court had “approved a consent decree to which all the parties had agreed, “that settled all claims regarding the detention conditions”.[12]

In 1988, INS issued a new regulation— 8 CFR 242.24—that amended the 8 Code of Federal Regulations (CFR) parts 212 and 242 regarding the Detention and Release of Juveniles. The new INS regulation, known as 242.24, provided for the “release of detained minors only to their parents, close relatives, or legal guardians, except in unusual and compelling circumstances.”[12] The stated purpose of the rule was “to codify the [INS] policy regarding detention and release of juvenile aliens and to provide a single policy for juveniles in both deportation and exclusion proceedings.”[13]

On May 25, 1988, soon after the 8 CFR 242.24 regulation took effect, C.D. Cal District Judge Kelleher in Flores v. Meese, No. CV 85-4544-RJK (Px) rejected it and removed limitations regarding which adults could receive the minors. Judge Kelleher held that all minors have the right to receive a hearing from an immigration judge.[14][15] Judge Kelleher held that 8 CFR 242.24 “violated substantive due process, and ordered modifications to the regulation.”[13] He ruled that “INS release and bond procedures for detained minors in deportation proceedings fell short of the requirements of procedural due process.” He ordered the INS to provide the minors with an “administrative hearing to determine probable cause for his arrest and the need for any restrictions placed upon his release.”[13] The court granted summary judgment to the plaintiffs regarding the release conditions.[12][16]:35 This “invalidating the regulatory scheme on due process grounds” and ordered the INS to “release any otherwise eligible juvenile to a parent, guardian, custodian, conservator, or “other responsible adult party”. The District Court also required that the juvenile have a hearing with an immigration judge immediately after their arrest, even if the juvenile did not request it.[12][14]

In Flores v. Meese, 681 F. Supp. 665 (C.D. Cal. 1988), U.S. District Judge Robert J. Kelleher found that the INS policy to strip search children was unconstitutional.[17][Notes 2]

In June 1990, in Flores v. Meese, 934 F.2d 991 (9th Cir. 1990), in the Ninth Circuit Court of Appeals, Judges John Clifford Wallace and Lloyd D. George, reversed Judge Kelleher’s 1988 ruling. Judge Betty Binns Fletcher dissented.[18][19] In the Ninth Circuit Court of Appeals, the judges concluded that the INS did not exceed its statutory authority in promulgating 242.24. They ruled that 242.24 did not violate substantive due process, under the Federal Constitution’s Fifth Amendment. They ruled that a remand was necessary with respect to a procedural due process claim (934 F2d 991).

On August 9, 1991, the Ninth Circuit 11-judge en banc majority in Flores v. Meese, overturned its June 1990 panel opinion and affirmed Judge Kelleher’s 1988 ruling against the government citing federal constitutional grounds including due process.[Notes 3][20] They vacated the panel opinion and affirmed the District Court’s order in all respects (942 F2d 1352).[Notes 4][21] According to Judge Dee’s ruling in Flores v. Sessions, the Ninth Circuit affirmed the district court’s grant of plaintiffs’ motion to enforce [Paragraph 24A of] the Flores Agreement, holding that nothing in the text, structure, or purpose of the Homeland Security Act (HSA) or Victims of Trafficking and Violence Protection Act of 2000 (TVPRA) renders continued compliance with Paragraph 24A, as it applies to unaccompanied minors, “impermissible.”[22]

On March 23, 1993, the Supreme Court announced judgment in favor of the government, in Janet Reno, Attorney General, et al. v. Jenny Lisette Flores, et al.[23][24] Justice Antonin Scalia, joined by Chief Justice William Rehnquist, and Justices Byron WhiteSandra Day O’ConnorAnthony KennedyDavid Souter, and Clarence Thomas, held that the unaccompanied alien children had no constitutional right to be released to someone other than a close relative, nor to automatic review by an immigration judge.[25]

On January 17, 1997 both parties signed the class action settlement agreement in Flores v. RenoThe Flores Settlement Agreement (FSA), which is binding on the defendants—the federal government agencies.[2]

USSC Reno v. Flores 1993

…”Where a juvenile has no available parent, close relative, or legal guardian, where the government does not intend to punish the child, and where the conditions of governmental custody are decent and humane, such custody surely does not violate the Constitution. It is rationally connected to a governmental interest in `preserving and promoting the welfare of the child,’ …and is not punitive since it is not excessive in relation to that valid purpose.” …Because this is a facial challenge, the Court rightly focuses on the Juvenile Care Agreement. It is proper to presume that the conditions of confinement are no longer ” `most disturbing,’ …and that the purposes of confinement are no longer the troublesome ones of lack of resources and expertise published in the Federal Register…but rather the plainly legitimate purposes associated with the government’s concern for the welfare of the minors. With those presumptions in place, “the terms and conditions of confinement…are in fact compatible with [legitimate] purposes,” …and the Court finds that the INS program conforms with the Due Process Clause.”

507U.S. 292 (1993) 1993[23]

In Reno v. Flores, the Supreme Court ruled on March 23, 1993 that while “detained children in question had a constitutionally protected interest in freedom from institutional confinement”, the Court reversed the Court of Appeals’ 1991 decision in Flores v. Meese because the Immigration and Naturalization Service (INS) regulation 8 CFR 242.24 in question, complied with the requirements of due process. The INS regulation—8 CFR 242.24—”generally authorized the release of a detained alien juvenile, in order of preference, to a parent, a legal guardian, or specified close adult relatives of the juvenile, unless the INS determined that detention was required to secure an appearance or to ensure the safety of the juvenile or others”.[23][12] This “meant that in limited circumstances” juveniles could be released to “to another person who executed an agreement to care for the juvenile and to ensure the juvenile’s attendance at future immigration proceedings”. Juveniles who are not released would “generally require” a “suitable placement at a facility which, in accordance with the [1987] consent decree, had to meet specified care standards.”[12][Notes 5][Notes 6]

On March 23, 1993, on certiorari the Supreme Court ruled in favor of the government, voting 7–2 to reverse the lower court—the Court of Appeals.[24]:A19 Justice Antonin Scalia, joined by Chief Justice William Rehnquist, and Justices Byron WhiteSandra Day O’ConnorAnthony KennedyDavid Souter, and Clarence Thomas, held that the unaccompanied alien children had no constitutional right to be released to someone other than a close relative, nor to automatic review by an immigration judge.[25] In an opinion by Scalia, joined by Rehnquist, White, O’Connor, Kennedy, Souter, and Thomas, it was held that the INS policy—242.24—did not violate substantive due process under the Fifth Amendment. While lawyers for the plaintiffs alleged in a “novel” way that children have a fundamental right to liberty, in which a child who has “no available parent, close relative, or legal guardian, and for whom the government was responsible” has the right “to be placed in the custody of a willing and able private custodian rather than the custody of a government-operated or government-selected child care institution.” The Court ruled that if that fundamental right existed, “it would presumably apply to state custody over orphaned and abandoned children as well.” They ruled that “under the circumstances” “continued government custody was rationally connected to a government interest in promoting juveniles’ welfare and was not punitive” and that “there was no constitutional need to meet even a more limited demand for an individualized hearing as to whether private placement would be in a juvenile’s “best interests,” so long as institutional custody was good enough.” The Court held that the INS “did not violate procedural due process, under the Fifth Amendment, through failing to require the INS to determine in the case of each alien juvenile that detention in INS custody would better serve the juvenile’s interests than release to some other “responsible adult,” not providing for automatic review by an immigration judge of initial INS deportability and custody determinations, or failing to set a time period within which an immigration judge hearing, if requested, had to be held.” The Court also held that this was not “beyond the scope of the Attorney General’s discretion” because the INS 242.24 “rationally pursued the lawful purpose of protecting the welfare of such juveniles.”[12][Notes 7][26][Notes 8] It held that the juveniles could be “detained pending deportation hearings pursuant” under 8 CFR § 242.24 which “provides for the release of detained minors only to their parents, close relatives, or legal guardians, except in unusual and compelling circumstances.”[23]

The Supreme Court justices said that in Reno v. Flores, most of the juveniles detained by INS and the Border Patrol at that time [1980s – early 1990s] were “16 or 17 years old”, and had “telephone contact with a responsible adult outside the INS–sometimes a legal services attorney”. They said that due process was “satisfied by giving the detained alien juveniles the right to a hearing before an immigration judge” and that there was no proof at that time “that all of them are too young or too ignorant to exercise that right when the form asking them to assert or waive it is presented.”[27]

Stevens, joined by Blackmun, dissented, expressing the view that the litigation history of the case at hand cast doubt on the good faith of the government’s asserted interest in the welfare of such detained alien juveniles as a justification for 242.24, and demonstrated the complete lack of support, in either evidence or experience, for the government’s contention that detaining such juveniles, when there were “other responsible parties” willing to assume care, somehow protected the interests of those juveniles; an agency’s interest in minimizing administrative costs was a patently inadequate justification for the detention of harmless children, even when the conditions of detention were “good enough”; and 242.24, in providing for the wholesale detention of such juveniles for an indeterminate period without individual hearings, was not authorized by 1252(a)(1), and did not satisfy the federal constitutional demands of due process.[12]

Flores Settlement Agreement (FSA)

On January 28, 1997, during the administration of President Bill Clinton, the Center for Human Rights and Constitutional Law (CHRCL) and the federal government signed the Flores v. Reno Settlement Agreement, which is also known as The Flores Settlement Agreement (FSA), Flores SettlementFlores v. Reno Agreement.[28] [29][30][31] Following many years of litigation which started with the July 11, 1985 filing of class action lawsuit, Flores v. Meese, and included the Supreme Court case Reno v. Flores which was decided in 1993, the consent decree or settlement was reached in the United States District Court for the Central District of California between the parties. The court-supervised settlement, The Flores Settlement Agreement (FSA), continues to overseen by the District Court for the Central District of California. The Flores Agreement has set strict national regulations and standards regarding the detention and treatment of minors in federal custody since then. Among other things, the federal government agreed to keep children in the least restrictive setting possible and to ensure the prompt release of children from immigration detention.[8]:1650

According to September 17, 2018 Congressional Research Service (CRS) report, the FSA was “intended as a temporary measure”.[4]:7 By 2001, both parties agreed that the FSA “would remain in effect until 45 days following [the] defendants’ publication of final regulations” governing the treatment of detained, minors.”[4]:7 By 2019, the federal government had “not published any such rules or regulations” so the FSA “continues to govern those agencies that now carry out the functions of the former INS.”[4]:7 With the Flores Settlement in place, the executive branch maintains that it has two options regarding the detention of arriving family units that demonstrate a credible fear of persecution pending the outcome of their removal proceedings in immigration court: (1) generally release family units; or (2) generally separate family units by keeping the parents in detention and releasing the children only.[4]

The Flores Agreement sets nationwide policies and “standards for the detention, release and treatment of minors in the custody of the Immigration and Naturalization Service (INS)[31] by prioritizing them for release to the custody of their families and requiring those in federal custody to be placed in the least restrictive environment possible,” according to a 2018 NBC News article.[32]

According to the legal nonprofit Human Rights First, the FSA required that immigration authorities “release children from immigration detention without unnecessary delay in order of preference beginning with parents and including other adult relatives as well as licensed programs willing to accept custody”. If a suitable placement is not “immediately available, the government is obligated to place children in the “least restrictive” setting appropriate to their “age and any special needs”.[33] The settlement agreement also required that the government “implement standards relating to the care and treatment of children in immigration detention.[33]

The FSA required immigration officials to provide detained minors with “food and drinking water as appropriate”, “medical assistance if minor is in need of emergency services”, “toilets and sinks”, “adequate temperature control and ventilation”, “adequate supervision to protect minors from others”, “contact with family members who were arrested with the minor and separation from unrelated adults whenever possible.”[34]:3-4[29]

Under the settlement agreement, immigration officials agreed to release minors “without unnecessary delay” when detention isn’t required to protect the safety and well-being of the minor or to secure the timely appearance of the minor at a proceeding before immigration authorities, that is, when officials release the minor to a parent or guardian who agree to appear, and the minor is not a flight risk.[31]

The FSA set a “preference ranking for sponsor types” with parents, then legal guardians as first choices then an “adult relative”, an “adult individual or entity designated by the child’s parent or legal guardian”, a “licensed program willing to accept legal custody”, an “adult or entity approved” by Office of Refugee Resettlement (ORR).[34]:8[3]:10 or sent to a state-licensed facility.[31][35][36]

Immigration officials agreed to provide minors with contact with family members with whom they were arrested, and to “promptly” reunite minors with their families. Efforts to reunify families are to continue as long as the minor is in custody.[31][30][Notes 9][37]

The Flores settlement does, however, require that “Following arrest, the INS shall hold minors in facilities that are safe and sanitary and that are consistent with the INS’s concern for the particular vulnerability of minors” and “…such minor shall be placed temporarily in a licensed program … at least until such time as release can be effected … Or until the minor’s immigration proceedings are concluded, whichever occurs earlier”.[citation needed]

Subsequent history

The parties agreed the litigation would terminate once the government finalized regulations complying with the settlement. Because the government has not yet finalized any such regulations, the litigation is ongoing. Compliance with the settlement has been the subject of criticism and litigation, resulting in extensions and modifications.[34][38] In 2001 the United States Department of Justice Office of the Inspector General concluded “Although the INS has made significant progress since signing the Flores agreement, our review found deficiencies with the implementation of the policies and procedures developed in response to Flores.”[38]

In November 2002, President George W. Bush signed into law the Homeland Security Act, which abolished the INS and removed responsibility for unaccompanied alien minors from the Justice Department.[34] The new United States Department of Homeland Security was given responsibility for the apprehension, transfer, and repatriation of illegal aliens while the Office of Refugee Resettlement inside the United States Department of Health and Human Services was given responsibility for the unaccompanied alien minors’ care, placement, and reunification with their parents.[34] In 2005 the Bush administration launched Operation Streamline, which referred all illegal immigrants for prosecution, but exempted those traveling with children.[39]

In 2008, President Bush signed into law the William Wilberforce Trafficking Victims Protection Reauthorization Act, a reauthorization of the Victims of Trafficking and Violence Protection Act of 2000, which codified some of the standards in the Flores Agreement. The Act provided for the expedited repatriation of unaccompanied alien minors to contiguous nations Mexico and Canada, while exempting unaccompanied children from El SalvadorGuatemala and Honduras from expedited repatriation in order to provide some protection to victims of human trafficking.[34][35][40][36]

Attempting to comply with the Agreement while keeping families together and coping with the 2014 American immigration crisis, a surge of refugees fleeing violence in Central America, the Department of Homeland Security under President Barack Obama built family detention centers in Pennsylvania and Texas.[41][42][39]

On July 24, 2015, in “Flores v. Johnson” 2015 C.D. Cal., District Judge Dolly M. Gee ruled found that the consent decree applied equally to accompanied and unaccompanied minors and that immigration officials violated the consent decree by refusing to release accompanied minors held in a family detention facility.[16][43][44][36] The government said an average of 20 days was required for adjudication of “credible fear” and “reasonable fear” claims, among the grounds for asylum in the United States, and on August 21, 2015 Judge Gee clarified the “without unnecessary delay” and “promptly” language in the Flores settlement, ruling that holding parents and children for up to 20 days “may fall within the parameters” of the settlement.[43][45][46] Judge Dee ruled that detained children and their parents who were caught crossing the border illegally could not be held more than 20 days, saying that detention centers in Texas, such as the GEO Group‘s privately run Karnes County Residential Center (KCRC) in Karnes City, Texas, and the T. Don Hutto Residential Center, in Taylor, Texas, had failed to meet Flores standards. Gee expanded Flores to cover accompanied and unaccompanied children.[47] Judge Gee ruled that Flores calls on the government to release children “without unnecessary delay”, which she held was within 20 days.[48][49] The court ordered the release of 1700 families that were not flight risks.[42][50][51]

This was a major change to Flores. Dee was an Obama-appointed federal district court judge.[52][53] Judge Dee said that that the defendants’ “blanket no-release policy with respect to minors accompanied by their mothers is a material breach of the Agreement.”[49]

In 2016, in Flores v. Lynch, Ninth Circuit Judge Andrew Hurwitz, joined by Judges Michael J. Melloy and Ronald M. Gould, reversed in part, finding that the Agreement applied to all detained children but that it did not give their parents any affirmative right of release.[54][16][36][55]

District Judge Gee next issued an enforcement order against the government and, on July 5, 2017, in Flores v. Sessions, Ninth Circuit Judge Stephen Reinhardt, joined by Judges A. Wallace Tashima, and Marsha Berzon, affirmed, finding that Congress had not abrogated the Agreement through subsequent legislation.[22][56]:181 Judge Gee ruled that “Congress did not terminate Paragraph 24A of the Flores Settlement with respect to bond hearings for unaccompanied minors” by “[e]nacting the Homeland Security Act (HSA) and the Trafficking Victims Protection Reauthorization Act (TVPRA).”[22] Judge Gee said that the Flores v. Sessions appeal had stemmed from the Flores Settlement Agreement “between the plaintiff class and the federal government that established a nationwide policy for the detention, release, and treatment of minors in the custody of the INS” and that Paragraph 24A of the Flores Agreement provides that a “minor in deportation proceedings shall be afforded a bond redetermination hearing before an immigration judge.” The Ninth Circuit affirmed Judge Gee’s motion to enforce the Flores Agreement, saying that there was “nothing in the text, structure, or purpose of the HSA or TVPRA” that rendered “continued compliance with Paragraph 24A, as it applies to unaccompanied minors, “impermissible.”[22] Because of the ruling in Flores v. Sessions, ORR is required to “inform all unaccompanied children in staff-secure and secure placements of their right to a bond hearing, and schedule one if requested.”[56]:184

In her July 2017 ruling, U.S. District Judge Dolly Gee found that children who were in custody of the U.S. Customs and Border Protection were sleep-deprived because of inadequate conditions and that their food and water was inadequate, and they lacked “basic hygiene items” which was in violation of the Flores Settlement Agreement.[6] She ordered to federal government to provide an itemized list and improve the conditions.[6] The federal government appealed the decision saying that 1997 Flores Agreement did not mention “allowing children to sleep or wash themselves with soap”.

“Assuring that children eat enough edible food, drink clean water, are housed in hygienic facilities with sanitary bathrooms, have soap and toothpaste, and are not sleep-deprived are without doubt essential to the children’s safety.”

Judge Marsha S. Berzon. August 15, 2019. 9th U.S. Circuit Court of Appeals[6]

In June 2019, three judges of the Ninth Circuit court of appeals heard the case, 17-56297 Jenny Flores v. William Barr, in which Sarah Fabian, the senior attorney in the Department of Justice’s Office of Immigration Litigation requested the Court to overturn Judge Dee’s 2017 order “requiring the government to provide detainees with hygiene items such as soap and toothbrushes in order to comply with the “safe and sanitary conditions” requirement set forth in Flores Settlement. During the June 20, 2019 proceedings, Ninth Circuit Judge William Fletcher said it was “inconceivable” that the United States government would consider it “safe and sanitary” to detain child migrants in conditions where it was “cold all night long, lights on all night long, sleeping on concrete and you’ve got an aluminium foil blanket?”[57][58] Fabian said that the Flores agreement mandating “safe and sanitary” conditions for detained migrant children was “vague” which let the federal agencies determine “sanitation protocols.”[7] It was not compulsory for the government to provide toothbrushes, soap or adequate bedding to the minors in their care.[59] Videos of the hearing were widely circulated on social media.[60] One of the justices, Judge A. Wallace Tashima, was detained in an internment camp as a child. According to the Los Angeles Times, the “case stirred nationwide outrage” when videos of the hearing went viral.[6]

On August 15, 2019 the three-judge panel of the federal 9th U.S. Circuit Court of Appeals upheld an Judge Dee’s 2017 “order requiring immigration authorities to provide minors with adequate food, water, bedding, toothbrushes and soap.”[6]

Trump administration family separation policy

As Presidential candidate, Donald Trump had promised to end what he called the Obama administration’s policy of “catch and release”. It was the second of his top priorities for immigration reform, after walling off Mexico.[61][62] In the first 15 months of the administration of President Trump, nearly 100,000 immigrants apprehended at the United States-Mexico border were released, including more than 37,000 unaccompanied minors and 61,000 family members.[63][64]

On May 26, 2018 Trump tweeted, “Put pressure on the Democrats to end the horrible law that separates children from there [sic] parents once they cross the border into the U.S.”[65] On May 29, 2018 White House senior policy advisor Stephen Miller told reporters, “A nation cannot have a principle that there will be no civil or criminal immigration enforcement for somebody traveling with a child. The current immigration and border crisis, and all of the attendant concerns it raises, are the exclusive product of loopholes that Democrats refuse to close,”[65] such as the Flores Settlement Agreement and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008.[35]

By June 2018, the Flores Agreement received increased public attention when Trump, his administration, and supporters cited the FSA and Democratic recalcitrance as justification for the Trump administration family separation policy, in which all adults detained at the U.S.–Mexico border were prosecuted and sent to federal jails while children and infants were placed under the supervision of the U.S. Department of Health and Human Services (DHHS).[66] In June 2018 Vox Media summarized the administration’s interpretation of the settlement as since the government “cannot keep parents and children in immigration detention together, it has no choice but to detain parents in immigration detention (after they’ve been criminally prosecuted for illegal entry) and send the children to” DHS as “unaccompanied alien children.”[55] Despite the wording of Flores v. Reno, human rights advocates asserted that no law or court order mandated the separation of children from their families.[65][63][41][44] On June 11, 2018 Republican Senator from Texas Ted Cruz said in a Dallas public radio interview “There’s a court order that prevents keeping the kids with the parents when you put the parents in jail.” PolitiFact fact-checked Cruz’s statement, concluding it was “mostly false.”[30] On June 14, 2018, White House press secretary Sarah Huckabee Sanders told reporters, “The separation of illegal alien families is the product of the same legal loopholes that Democrats refuse to close. And these laws are the same that have been on the books for over a decade. The president is simply enforcing them,” Republican Representative from Wisconsin and Speaker of the House Paul Ryan told reporters “What’s happening at the border in the separation of parents and their children is because of a court ruling,” and Republican Senator from Iowa Chuck Grassley tweeted “I want 2 stop the separation of families at the border by repealing the Flores 1997 court decision requiring separation of families.” The New York Times said “there is no decades-old law or court decision that requires” separating migrant children from their parents.[41]

On June 19, 2018 White House Legislative Affairs Director Marc Short told reporters the Trump administration had sought legislative relief from Congress on the Flores Settlement, saying “In each and every one of our negotiations in the last 18 months, all the immigration bills, we asked for resolution on the Flores settlement that is what we view requires 20 days before you have to release children and basically parents been released with children into society.”[32] According to the Congressional Research Service (CRS) report, President Trump’s June 20, 2018 executive order, had directed directed then-United States Attorney General Jeff Sessions to ask the Judge Dolly M. Gee of District Court for the Central District of California in Los Angeles, which oversees the Flores Agreement Settlement, to “modify the agreement” to “allow the government to detain alien families together throughout the duration of the family’s immigration proceedings as well as the pendency of any criminal proceedings for unlawful entry into the United States.[4] The executive order reversed the family separation policy, directing the United States Armed Forces to make room available on military bases for family detention and requested that the District Court for the Central District of California be flexible on the provisions of the settlement requiring state licensing of family detention centers and limiting detention of immigrant children to 20 days, in order to detain families for the duration of their immigration court proceedings.[67][68][69] On July 9, 2018, Gee rejected the request, citing that there was no basis to modify the agreement and pointing out that it is an issue the legislative branch has to solve instead.[70]

On September 7, 2018 federal agencies published a notice of proposed rulemaking that would terminate the FSA “so that ICE may use appropriate facilities to detain family units together during their immigration proceedings, consistent with applicable law.”[71]

On August 23, 2019, the administration issued a rule allowing families to be held in humane conditions while their U.S. immigration court cases were decided. On September 27, a judge blocked the rule, stating: “This regulation is inconsistent with one of the primary goals of the Flores Agreement, which is to instate a general policy favoring release and expeditiously place minors ‘in the least restrictive setting appropriate to the minor’s age and special needs’”.[72]

See also

Notes

  1. ^ According to the Congressional Research Service January 18, 2017 report, many of the terms of the Flores Settlement Agreement, Flores v. Meese—Stipulated Settlement Agreement (U.S. District Court, Central District of California, 1997), have been codified at 8 CFR §§236.3, 1236.3.
  2. ^ Flores v. Meese, 934 F.2d 991, 993 (9th Cir. 1990). According to Flores v. Meese, by 1988, migrant juveniles were detained by INS in the Western region in three sectors, Los Angeles, San Diego, and El Centro.] Particularly in the San Diego sector, these juveniles were routinely strip searched by Border Patrol officers at local Border Patrol stations if the INS makes the decision to detain the juvenile. Attorneys for Flores, said that “the INS policy of routinely strip searching juveniles upon their admission to INS facilities, and after all visits with persons other than their attorneys, violate[d] the Fourth Amendment.”
  3. ^ In Flores v. Meese 1991, Judges WallaceCharles E. WigginsMelvin T. Brunetti, and Edward Leavy dissented.
  4. ^ Jenny Lisette Flores, a Minor, by Next Friend Mario Hugh Galvez-Maldonado Dominga Hernandez-Hernandez, a Minor, by Next Friend Jose Saul Mira Alma Yanira Cruz-Aldama, a Minor, by Next Friend Herman Perililo Tanchez v. Edwin Meese, III Immigration & Naturalization Service Harold Ezell, 942 F.2d 1352 (9th Cir. 1991) Court of Appeals for the Ninth Circuit Filed: August 9th, 1991 Precedential Status: Precedential Citations: 942 F.2d 1352 Docket Number: 88-6249 42 F.2d 1352 60 USLW 2125 Jenny Lisette FLORES, a minor, by next friend Mario Hugh GALVEZ-MALDONADO; Dominga Hernandez-Hernandez, a minor, by next friend Jose Saul Mira; Alma Yanira Cruz-Aldama, a minor, by next friend Herman Perililo Tanchez, Plaintiffs-Appellees, v. Edwin MEESE, III; Immigration & Naturalization Service; Harold Ezell, Defendants-Appellants. No. 88-6249. United States Court of Appeals, Ninth Circuit. Argued En Banc and Submitted April 18, 1991. Decided August 9, 1991.
  5. ^ This reference includes the March 23, 1993 Concurrence, Syllabus, Dissent, and Opinion.
  6. ^ The Court noted that Reno v. Flore is a “facial challenge to INS regulation 242.24” because the policy has never been applied “in a particular instance”. The District Court invalidated 242.24 a week after it came into effect. When the original lawsuit was filed in 1985, it was directed against the newly released policy introduced in —83 Fed. Reg. at 45489—which was introduced on September 6, 1984 by then director of Western Region of the Immigration and Naturalization Service (INS), Harold W. Ezell. Under 83 Fed. Reg. at 45489, a detained immigrant minor “could only be released to a parent or legal guardian”. This resulted in minors, such as Flores, being detained in poor conditions for “lengthy or indefinite” periods of time. The Supreme Court said that “We have before us no findings of fact, indeed no record, concerning the INS’s interpretation of the regulation or the history of its enforcement. We have only the regulation itself and the statement of basis and purpose that accompanied its promulgation. To prevail in such a facial challenge, respondents “must establish that no set of circumstances exists under which the [regulation] would be valid.”
  7. ^ The case began with oral arguments on October 13, 1992. Deputy Solicitor General Maureen Mahoney appeared for the government.
  8. ^ The March 23, 1993 syllabus for the USSC case Reno v. Flores said that the respondents in Reno v. Meese, are a “class of alien juveniles arrested by the Immigration and Naturalization Service (INS) on suspicion of being deportable.”
  9. ^ According to Snopes, there is “no federal law mandating children and parents be separated at the border; a policy resulting in that outcome was enacted in May 2018.”

References …

External links

  • Text of Flores v. Meese, 681 F. Supp. 665 (C.D. Cal. 1988) is available from: Justia
  • Text of Flores v. Meese, 934 F.2d 991 (9th Cir. 1990) is available from: CourtListener
  • Text of Flores v. Meese, 942 F.2d 1352 (9th Cir. 1992) (en banc) is available from: Cornell

https://en.wikipedia.org/wiki/Reno_v._Flores

 

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The Pronk Pops Show 1310, August 21, 2019, Story 1: Trump Administration Plan To Detain Illegal Alien Children Indefinitely With Parents — Ending Catch and Release — The Family That Stays Together Gets Deported Together — Videos — Story 2: President Trump on Jewish People Who Vote Democrat Are Disloyal To Israel — Videos — Story 3: Reigning In Big Tech — Amazon, Apple, Facebook, Google — Videos — Story 4: Epstein Last Minute Estate Planning Puts Assets in Trust — Videos

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The Trump administration is set to issue new rules that would allow families crossing illegally with children to be detained indefinitely

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Story 1: Trump Administration Plan To Detain Illegal Alien Children Indefinitely With Parents — Ending Catch and Release — The Family That Stays Together Gets Deported Together — Videos

DHS’s new immigration rule will end catch-and-release loophole

Trump defends longer detention of migrant families

[youotube=https://www.youtube.com/watch?v=LbBTxK4mxE8]

Flores Settlement

Immigration Brief: Flores Settlement Agreement

The Flores Settlement is the Backbone of Detained Migrant Children’s Rights

DHS announced new immigration policy on migrant children

DHS’s new immigration rule will end catch-and-release loophole

Trump administration ends “loophole” immigration rule that could keep kids in detention for longer

Tucker: The Democratic Party wants to run the US

Ingraham: Dems’ open borders agenda exposed

AG Barr making major changes to immigration courts

Trump administration ends “catch and release” as it reforms immigration policies

Trump, Obama and Bush: How Presidents Approached Immigration Policy | NYT News

Doctors, nurses protesting Trump’s immigration policies

What Trump’s new immigration rules mean for the detention of migrant children

BREAKING: President Trump MAJOR Immigration Policy Proposal

Fitton: Leftists in Trump State Dept. sabotaged Guatemala deal

Reports detail Stephen Miller’s role in Trump’s tough immigration policies

Trump calls catch-and-release program ‘ridiculous’

Illegal immigrant families in the USA | DW Documentary

DHS secretary denies reintroduction of “catch and release” at border

How to solve the illegal immigration problem

Obama’s DHS Secretary: “We Cannot Have A System Of Catch And Release”

Trump administration rolls out plan to detain migrant children INDEFINITELY and president hails end of ‘catch and release’ – but federal judge needs to approve the move, setting stage for court battle

  • New regulations will allow the government to hold migrant children in border detention centers indefinitely 
  • The Department of Homeland Security rules would end protections given to minor migrants under the Flores Settlement Agreement
  • Under Flores, after 20 days children border crossers had to be released to a family member, guardian or at the very least a non-prison-like jail facility
  • Some claim illegal immigrants have crossed with children with the expectation they will be swiftly released from detention
  • ‘No child should be a pawn in a scheme to manipulate our immigration system,’ Acting DHS Secretary Kevin McAleenan said in announcing the new regulations 
  • Donald Trump insists these rules will put an end to ‘catch and release’ immigration practices 

The Department of Homeland Security is issuing a new rule this week which it claims will allow it to indefinitely detain migrant children and their parents who cross the border illegally, its acting boss announced Wednesday. 

Acting Homeland Security Secretary Kevin McAleenan said the rule would finally replace the Flores Settlement Agreement, which stops children – and by extension their parents – from being detained for more than 20 days.  

But it faces an instant legal battle because a federal judge must agree to tearing up the Flores settlement, with immigrant groups already preparing for a fight which is likely to end up in the Supreme Court.

Donald Trump hailed the rule, which will not be published until Friday, as the end to ‘catch and release’ immigration practices, and McAleenan claimed it would be a significant deterrent to illegal immigration.

During a press conference Wednesday, McAleenan said the so-called ‘Flores Final Rule’ would keep families together during immigration proceedings, and prevent children from becoming a ‘pawn’ to those who just wish to game the system.

‘No child should be a pawn in a scheme to manipulate our immigration system, which is why the new rules eliminate the incentive to exploit children as a free ticket or… a passport for migration to the United States,’ McAleenan said.

The Trump administration is set to issue new rules that would allow families crossing illegally with children to be detained indefinitely

Acting Homeland Security Secretary Kevin McAleenan said the new rules would prevent human smugglers and illegal border crossers from using children as 'pawns' or 'passports' to gain entry and release into the U.S.

Acting Homeland Security Secretary Kevin McAleenan said the new rules would prevent human smugglers and illegal border crossers from using children as ‘pawns’ or ‘passports’ to gain entry and release into the U.S.

By quoting the National Border Patrol president, Trump insisted the rules would stop 'catch and release' immigration practices

By quoting the National Border Patrol president, Trump insisted the rules would stop ‘catch and release’ immigration practices

THE RULES ON DETAINING ILLEGAL MIGRANT KIDS TRUMP WANTS TO CHANGE

Since 1997, what happens to children who cross the border illegally has been determined by a court settlement made by the Clinton administration to end a long-running case brought on behalf of a group of children detained  at the border in 1985. 

It got its name from one of them – Jenny Lisette Flores – and when the Clinton administration ended the federal litigation by negotiation,  became known as the Flores Settlement.

It set a 20 day limit on detaining children, and said that they had to be released to their parents or suitable guardians.

The federal government has to offer ‘food and drinking water as appropriate,’ ‘medical assistance if minor is in need of emergency services,’ ‘toilets and sinks,’ ‘adequate temperature control and ventilation,’ ‘adequate supervision to protect minors from others,’ ‘contact with family members who were arrested with the minor and separation from unrelated adults whenever possible.’ 

If a relative or guardian could not be found, they had to be sent to homes, not other detention centers – ‘the least restrictive environment possible,’ the agreement specified.

The settlement was temporary,  

And it contained a poison pill: the only way to end the settlement was to come up with formal immigration rules which met the minimum conditions in the settlement and to which the federal court overseeing the settlement agreed.

Since then it has been back in court repeatedly, with the Bush and Obama administration accused of breaching it. 

This month a judge ruled that it guarantees that detained children have a right to toothpaste, after the Trump administration suggested it was optional.

THE CHANGE

The Homeland Security department did not publish the details of its new rule Wednesday but claimed it would be a full-scale replacement of Flores which would allow indefinite detention.

That would mean it has to embrace the other aspects of Flores – meaning the conditions under which children are kept will have to be as described in the deal and subsequent rulings.

How the Department of Homeland Security thinks it will get indefinite detention passed is unclear.

The new rules, he claims, should appeal to those who have decried the immigration enforcement system for breaking up parents and children.

‘Our goal remains, as in the previous administration, to provide an expeditious immigration results, while holding families together, which particularly benefits legitimate asylum seekers with meritorious claims,’ McAleenan said, claiming all migrants were left in a state of limbo for years under the current rules.

Democrats are already pushing back against the rules rollout, claiming the president is trying to justify ‘child abuse.’

‘The Administration is seeking to codify child abuse, plain and simple,’ House Speaker Nancy Pelosi said in a statement Wednesday. ‘Its appalling, inhumane family incarceration plan would rip away basic protections for children’s human rights, reversing decades-long and court-imposed rules and violating every standard of morality and civilized behavior.’

Instead of improving the situation with families and minor migrants, Pelosi insists that indefinite detention would ‘compound the cruelty’ already exhibited in holding facilities at the border.

She also mentioned the ‘worsening conditions for children already forced to sleep on concrete floors, eat inedible food and be denied basic sanitation and standards of care,’ which immigration officials claim is due to the influx in family apprehensions.

McAleenan blamed the more than 450 per cent increase in family unit apprehension this year on the 2015 reinterpretation of the Flores agreement, which led to the rules that required children and their parents be released in 20 days.

The Flores agreement established that when families with children were captured and detained, they had to be released in less than two dozen days to a family member or guardian in the U.S. – and if that was not possible they had to be transferred to a care facility that does not operate like a jail.

The Trump administration insists the limits set by Flores has encouraged illegal immigrants to arrive at the border with children with the expectation of being swiftly released.

‘Brandon Judd, President, National Border Patrol Council. ‘This will effectively end Catch and Release and curb illegal entries,” Trump posted to his Twitter Wednesday, quoting the Border Patrol Council president.

In 2018, the administration proposed a similar plan to this one, but the rules were never enacted as there was an influx of migrants arriving at the border and a shortage of bed space.

Although there was a massive dip in illegal border crossing during Trump’s first year in the White House, the frequency spiked in late 2018, and border agents and officials lamented they were not prepared for the influx, leading to overcrowding and unsanitary conditions at many detention facilities.

As of May 2019, there were at least seven documented instances where children died from illness complications after being held in some of these centers.

The rationale for the rules proposed in September 2018 was that the government should be permitted to detain children for longer so they could be treated with ‘dignity, respect and special concern for their particular vulnerability as minors,’ as required by the Flores agreement.

It seems the 2018 plan is being reupped now that there has been a drop in border crossings in recent weeks and border facilities are less overwhelmed.

The dip comes after Trump made an agreement with the Mexican President Andrés Manuel López Obrador for the government to deploy Mexican security forces to help crack down on asylum seekers on their side of the border.

It’s likely the rules, which again seeks to ‘terminate’ some of the restrictions in Flores, will be challenged in court.

https://www.dailymail.co.uk/news/article-7379593/Trump-administration-rolls-plan-detain-migrant-children-INDEFINITELY.html

 

Trump admin aims to finally END catch-and-release in game-changing regulation

· August 21, 2019
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Trump and Border Patrol

Al Drago/Bloomberg | Getty Images

The entire mass migration to our border and all its cascading ill effects can be traced to one thing: the Flores settlement’s expansion from children to family units by a single district judge. Flores is not a constitutional provision, a statute, or even a court ruling. It is a court settlement, designed as a temporary arrangement, that actually runs contrary to statute and has been used as a catalyst to undermine every bedrock law of sovereignty. After a full year of dithering, the Trump administration is finally using its unquestionable power to modify the settlement to finally end catch-and-release.

The Flores settlement, originally agreed upon in 1997 and modified in 2001, provided that government would only house alien children in “non-secure, state licensed” facilities or release them expeditiously until and unless the federal government writes a regulation to build its own licensing scheme ensuring the safe and sanitary conditions of the facilities. Given that there are no such state-licensed facilities, and the feds, until now, have not created their own scheme, it forced them to release unaccompanied minors expeditiously. In 2015, a California judge applied Flores to children accompanied by a parent as well, an order that was upheld by the Ninth Circuit the following year.

Flores is the source of all our border problems

It’s truly difficult to overstate the evil that expanded Flores has done to our security, our fiscal solvency, and Latin American children. By creating a huge market incentive to exploit children for mass migration by adults, it has:

Indeed, even if the wave were to end today, we will likely be seeing the effects of the crime wave and fiscal cost for years to come.

Under Flores, Trump has the power to terminate the settlement with a new regulation

This is where today’s announcement of a Flores modification comes into play. The law actually requires that these people be detained under most circumstances and does not place a time constraint on the detention, nor does it make exceptions for children. The constraint on holding children in certain facilities emanated from a court settlement that began in the 1980s and crystalized in 1997 as a temporary arrangement until 45 days after government promulgates a permanent regulation defining the parameters of the holding facilities for children along safe and sanitary guidelines laid out in the settlement.

Until now, courts have lawlessly “legislated” a 20-day deadline for holding children without such certified facilities or else they have to be released. Moreover, Judge Dana Sabraw created a new edict last year contrary to law that children can’t be released alone once they come with an adult and that the adult must be released with them. Thus, the expansion of Flores and Sabraw’s ruling spawned the worst period of migration in our history, where primarily one adult would come with one child, the perfect scam.

With today’s change, the Trump administration is fulfilling one of the options laid out in the Flores settlement by publishing regulations governing the treatment of detained minors. Officials have created a process for certifying the conditions of various facilities they now believe fulfill the conditions of Flores and can be designed to hold children with their parents. Thus, no family separation – and no catch-and-release.

The reality is that very few people will wind up in these holding facilities in the long run, because the minute they hear the scam is over, they simply will not come.

Therefore, it’s simply indefensible for anyone to oppose this move unless they downright want illegal immigration, the empowerment of human and sex smuggling, and all its other odious and cascading social, fiscal, and national security problems.



Trump administration needs to make the legalities stick for enduring change

The expansion of Flores to family units and the 20-day deadline were done by a single California judge, Dolly Gee. As a judge in the Central District of California, she is not even on the border. California is the entry point of only two percent of the family units who come here. The Trump administration needs to make it clear that there is no reason why California should control something that has not just national but catastrophic international effects. A Texas judge has already opined in passing that under these circumstances, catch-and-release of minors is not only not required, but is tantamount to the completion of a criminal conspiracy for the cartels that would get private citizens in trouble if they engaged in what the DHS is doing.

As such, any inevitable lawless injunction from Dolly Gee should be set aside by this administration, at least outside California.

Related to this point is the fact that this new regulation will not close the catch-and-release loophole of Central American children coming here alone without adults. However, as was made clear by Judge Andrew Hanen in 2013, given that many are self-trafficked and most of them are being delivered to their parents or relatives in the country, they do not meet the definition of an unaccompanied alien child described in 8 U.S. Code §1232(b). The law mandates they be turned over to HHS and be treated like refugees only if “no parent or legal guardian in the United States is available to provide care and physical custody.” (6 U.S. Code §279(g).) What is happening today, as Judge Hanen noted in 2013, is that the “parent initiated the conspiracy to smuggle the minors into the country illegally” and “also funded the conspiracy.” “In each case, the DHS completed the criminal conspiracy, instead of enforcing the laws of the United States, by delivering the minors into the custody of the parent living illegally in the United States.”

Trump should demand that DHS lawyers stop hiding behind the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) as justification for this, and instead write a regulation requiring the deportation of any parents paying to traffic “unaccompanied” children rather than rewarding them with the results of their crime.

Furthermore, the administration needs to fully follow through with its promise to implement expedited removal for everyone at the border, including minors. Even the Ninth Circuit noted last week that part of why it is able to force expanded Flores upon the government is because “the government’s own regulations contemplate that minors in expedited removal proceedings may be considered for release,” mimicking the Flores arrangement. That needs to change along with this new regulation. Once the administration fully implements what Congress envisioned in 1996, Flores becomes unlawful, and all judicial proceedings against detention become moot.

Finally, Trump should push legislation empowering citizens to sue when illegal aliens are becoming a public charge. The reason we are in this position is because every illegal alien gets to sue our laws. Why not have an American “Flores” settlement” where government is forced to settle with the taxpayer by actually enforcing the law?

Overall, the Trump administration is slowly heading in the right direction. In addition to vitiating Flores, it has finally ended the practice of granting bogus asylees work permits pending their delayed adjudications. The key to enduring victories on the border, however, is to more aggressively push back against the judicial amnesty that created this problem in the first place. Trump must remind this very California court of its own adage on presidential powers related to this very issue: “The right to do so stems not alone from legislative power but is inherent in the executive power to control the foreign affairs of the nation.” (Encuentro del Canto Popular v. Christopher, N.D. Cal. 1996.)

Trump admin aims to finally END catch-and-release in game-changing regulation

DHS and HHS Announce New Rule to Implement the Flores Settlement Agreement; Final Rule Published to Fulfill Obligations under Flores Settlement Agreement

Release Date:
August 21, 2019

Today, Acting Secretary of Homeland Security Kevin K. McAleenan and Secretary of Health and Human Services Alex Azar announced a final rule that finalizes regulations implementing the relevant and substantive terms of the Flores Settlement Agreement (FSA). Importantly, the rule will allow for termination of the FSA, and allow DHS and HHS to respond to significant statutory and operational changes that have occurred since the FSA has been in place, including dramatic increases in the numbers of unaccompanied children and family units crossing into the United States.

Large numbers of alien families are entering illegally across the southern border, hoping that they will be released into the interior rather than detained during their removal proceedings. Promulgating this rule and seeking termination of the FSA are important steps towards an immigration system that is humane and operates consistently with the intent of Congress.

The Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS) are issuing final regulations that implement:

  • The relevant and substantive terms of the FSA (resulting in the termination of the FSA).
  • The way HHS accepts and cares for unaccompanied alien children.
  • The requirements that help ensure that all alien children (both accompanied minors and unaccompanied alien children) in the Government’s custody are treated with dignity, respect, and special concern for their particular vulnerability as minors.
  • The ability of U.S. Immigration and Customs Enforcement (ICE) to maintain family unity by holding families with children in licensed facilities or facilities that meet ICE’s family residential standards, as evaluated by a third-party entity engaged by ICE (in the event that licensing is not available through the State).
  • A pathway to ensure the humane detention of families while satisfying the goals of the FSA.
  • The related provisions of the Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), including the transfer of unaccompanied alien children to HHS within 72 hours of the UAC determination, absent exceptional circumstances.

“Today, the government has issued a critical rule that will permit the Department of Homeland Security to appropriately hold families together and improve the integrity of the immigration system,” said Acting Secretary McAleenan. “This rule allows the federal government to enforce immigration laws as passed by Congress and ensures that all children in U.S. government custody are treated with dignity, respect, and special concern for their particular vulnerability.”

“The Department of Health and Human Services, through our Office of Refugee Resettlement, provides quality and compassionate care for unaccompanied alien children who are referred to our custody,” said Secretary Azar. “In this rule, we are implementing the relevant and substantive portions of the Flores Settlement Agreement pertaining to standards for the temporary care, placement, and release of those minors. As before, HHS will continue to protect the safety and dignity of unaccompanied alien children in our custody as we seek to place them with a parent, relative, or other suitable sponsor.”

The FSA always contained provisions for its implementation in regulations and its termination – originally, it was to remain in effect no more than five years; and then, in 2001, the parties agreed it would terminate after a final rulemaking.  Beginning in 2005, prior administrations repeatedly announced plans for a rule.  No prior administration, however, issued a final rule.  With this achievement now complete, the FSA will terminate by its own terms, and the Trump Administration will continue to work for a better immigration system.

The rule takes effect in 60 days.

Note: For family residence center B-roll, go to https://www.dvidshub.net/video/618328/south-texas-family-residential-center.

https://www.dhs.gov/news/2019/08/21/dhs-and-hhs-announce-new-rule-implement-flores-settlement-agreement

Story 2: President Trump on Jewish People Who Vote Democrat Are Disloyal To Israel — Videos

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Trump: Jews who vote for Dems uninformed, disloyal

Trump Says American Jews Who Vote for Democrats Are Disloyal to Israel

American Jews Condemn Trump Over Loyalty Comment

‘The Five’ react to freshman Dems blasting Trump, Netanyahu

Trump says that Jewish people who vote for Democrats are ‘very disloyal to Israel,’ denies his remarks are anti-Semitic

August 21

President Trump said Wednesday that Jewish Americans who vote for Democratic candidates are “very disloyal to Israel,” expanding on his remarks from the previous day and dismissing criticism that his remarks were anti-Semitic.

“I think if you vote for a Democrat, you are very, very disloyal to Israel and to the Jewish people,” Trump said in an exchange with reporters outside the White House before departing for an event in Kentucky.

On Tuesday, Trump had criticized Democrats over the views of Reps. Rashida Tlaib (D-Mich.) and Ilhan Omar (D-Minn.). Both women have long been fierce critics of Israel and its treatment of Palestinians. They support the Boycott, Divestment and Sanctions movement, a global protest of Israel.

He had accused Jewish people of “great disloyalty” if they vote for Democrats, although he did not say at the time disloyalty to whom.

“Where has the Democratic Party gone?” Trump asked reporters Tuesday at the White House. “Where have they gone, where they’re defending these two people over the state of Israel? And I think any Jewish people that vote for a Democrat, I think it shows either a total lack of knowledge or great disloyalty.”

Asked by a reporter Wednesday to clarify his remarks, Trump pointed to his own record, including moving the U.S. Embassy to Jerusalem and withdrawing from the Iran nuclear deal.

“I will tell you this: In my opinion, the Democrats have gone very far away from Israel,” he said. “I cannot understand how they can do that … In my opinion, if you vote for a Democrat, you’re being very disloyal to Jewish people and you’re being very disloyal to Israel. And only weak people would say anything other than that.”

After Trump’s initial remarks Tuesday, critics on both sides of the aisle as well as Jewish organizations immediately pointed out that Trump’s use of the word “disloyalty” echoed anti-Semitic tropes accusing Jews of dual allegiance.

“American Jews — like all Americans — have a range of political views and policy priorities,” David Harris, chief executive of the nonpartisan American Jewish Committee, said in a statement. “His assessment of their knowledge or ‘loyalty,’ based on their party preference, is inappropriate, unwelcome, and downright dangerous.”

Some of Trump’s defenders, meanwhile, argued that he was speaking about Jewish people being disloyal to themselves rather than to Israel.

Matt Brooks, executive director of the Republican Jewish Coalition, said in an interview Tuesday that the president was talking about “being true to yourself.”

“I don’t think it invokes those [anti-Semitic] tropes,” Brooks said, describing Trump’s message to Jewish people as, “You’re being disloyal to yourself to say, ‘Hey, I support somebody who is known to espouse anti-Semitic comments.’ ”

Brooks declined to comment Wednesday. The RJC, which tweeted Tuesday that Trump was “right” that it “shows a great deal of disloyalty to oneself to defend a party that protects/emboldens people that hate you for your religion,” continued to defend Trump on Wednesday even after he clarified that he meant that Jewish Democrats are disloyal to Israel.

“We take the President seriously, not literally,” the group said in a tweet. “President Trump is pointing out the obvious: for those who care about Israel, the position of many elected Democrats has become anti-Israel.”

While Omar and Tlaib are “questioning American Jews’ loyalty to the United States,” the RJC claimed, Trump is “talking about caring about the survival of the Jewish state.”

Trump’s 2020 campaign also rallied to his defense. Michael Glassner, chief operating officer of Trump’s presidential campaign, said in a statement that “there is no bigger ally to the Jewish community at home and around the world than President Trump.”

“As a Jew myself, I strongly believe that President Trump is right to highlight that there is only one party — the Democrats — excusing and permitting such anti-Jewish venom to be spewed so freely,” he said.

Tuesday was not the first time that Trump’s remarks about Jewish people have prompted criticism that he is invoking dual-loyalty tropes. During an April speech to the RJC, the president told the crowd that he “stood with your prime minister at the White House.” At another point, Trump warned that Democrats’ “radical agenda” in Congress “very well could leave Israel out there all by yourselves.”

And while Trump has condemned Omar for evoking offensive stereotypes about Jews and money, the president had expressed similar sentiments to the RJC in 2015, when he was running for the GOP presidential nomination.

“You’re not going to support me because I don’t want your money,” Trump said then. “But that’s okay. You want to control your own politician.”

https://www.washingtonpost.com/politics/trump-says-that-jewish-people-who-vote-for-democrats-are-very-disloyal-to-israel-denies-his-remarks-are-anti-semitic/2019/08/21/055e53bc-c42d-11e9-b5e4-54aa56d5b7ce_story.html?noredirect=on

 

Stroy 3: Reigning In Big Tech — Amazon, Apple, Facebook, Google — Videos

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How Should Big Tech Be Reined In? Here Are 4 Prominent Ideas

Tim Wu, a Columbia Law School professor, believes Facebook should have to shed some of the companies it has bought. “The remedy is straightforward,” he said.
CreditCreditValerie Chiang for The New York Times

The Justice Department is investigating them, as is the Federal Trade Commission. Congress and state attorneys general have their sights on the companies, too.

There is no shortage of people arguing that America’s large technology companies — namely Apple, Amazon, Facebook and Google — have gotten too big and too powerful. That has helped spur the scrutiny by the government officials.

But what to do about the issue? On that, the industry’s critics are split.

Some would like to see the businesses broken up. Others want more robust regulation. And there are shades of gray on both sides. Here are four of the most prominent prescriptions being debated.

This is the most drastic surgery, splitting off large portions of the big tech companies.

The guiding principle is simple. If you own a dominant online marketplace or platform, you cannot also offer the goods, services and software applications sold on that marketplace.

So Amazon could not own the leading e-commerce marketplace and sell Amazon-label goods there. Or Google could not have both the dominant search engine and its Google Shopping service, which shows up in search results. Apple could own an app store that offers music services, but not also its own music service sold there. And so on.

Bundling businesses on top of a dominant platform invites conflicts of interest and discrimination against rivals, thwarting competition, proponents of this countermeasure say.

“The world is going to be better off after we break up these companies,” said Barry Lynn, executive director of Open Markets Institute, a research and advocacy group.
A billboard in San Francisco for Senator Elizabeth Warren’s presidential campaign offers a blunt take on what to do about technology companies.
CreditJustin Kaneps for The New York Times

Senator Elizabeth Warren, Democrat of Massachusetts, has embraced the idea of bright-line breakups in her presidential campaign.

But such a sweeping overhaul of the tech industry could bring unknown risks for the companies and shareholders. Many economists are leery of broadly prohibiting companies from entering new businesses, fearing potential losses of efficiency and consumer welfare.

The last big government-mandated breakup targeted AT&T in the early 1980s, and that was the dissolution of a government-granted monopoly.

Still, the idea is not unthinkable. The remedy initially proposed in the government’s antitrust case against Microsoft in the 1990s, endorsed by three leading economists, was to split the Windows operating system business from Microsoft’s Office productivity software business. After George W. Bush was elected president, his administration settled the case without a breakup.

This is a case-by-case approach to breakups rather than a broad rule applied to all the tech giants. A current example is a plan that would require Facebook to shed Instagram and WhatsApp. A detailed proposal on this, laying out the alleged anticompetitive conduct, was developed by two leading antitrust scholars, Tim Wu of Columbia Law School and Scott Hemphill of New York

 

Chris Hughes, a founder of Facebook, is pushing to break up the company, working with Professor Wu and Scott Hemphill, a New York University law professor.
CreditVincent Tullo for The New York Times

The three have made their presentation to federal and state antitrust regulators and to congressional investigators. They explain that starting about 2010, when mobile computing and photo-sharing services were taking off and Facebook was lagging in those areas, the social network embarked on a years long campaign to buy nascent competitors.

The biggest purchases were of the photo-sharing service Instagram in 2012 and the messaging service WhatsApp in 2014.

Typically, regulators challenge mergers when they give a company a big share of an established market. That was not the case when Facebook paid $1 billion for Instagram, a start-up with 13 employees in an emerging field.

Instead, the three argue, the strategy was to buy out budding threats. “We think that’s the better perspective of what was going on — maintenance of monopoly in the social network market,” Mr. Hemphill said.

In Facebook’s case, Mr. Wu said, “the remedy is straightforward: Unwind the acquisitions.”

But an issue in spinning off a unit like Instagram is whether doing so enhances competition. Would a stand-alone Instagram be a real rival to Facebook, or would consumers simply stay with the dominant social network, Facebook, and Instagram suffer?

Getting breakups approved by the nation’s courts, which are generally conservative on economic matters, would be a stretch. Besides, some experts argue, a more comprehensive way to police the big tech companies would be with a beefed-up force of regulators.

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Executives from Google, Facebook, Amazon and Apple testified last month before the House Judiciary Committee, which is investigating the companies’ power and practices.
CreditAnna Moneymaker/The New York Times

One idea is the creation of a new regulator, a Digital Authority. It would be an expert group to supplement traditional antitrust regulators in the Justice Department and the Federal Trade Commission. It would be able to move faster and have the expertise to constantly track the tech markets and trends.

“Its mandate would be to protect competition,” said Fiona Scott Morton, an economics professor at the Yale University School of Management.

 

In online markets, the flywheel of network effects — the more people who use a service, the more users, developers and advertisers it attracts — is especially powerful, creating dominant companies. Yet even in digital markets, the door to new entrants must remain open, said Ms. Scott Morton, a former senior official in the Justice Department’s antitrust division.

In traditional antitrust, regulators and courts move at a measured pace, slowly and often after the fact. The goal of a new digital regulator, she said, “would be to save the rival before it is killed.”

The authority, Ms. Scott Morton said, could receive a complaint from a competitor and schedule a hearing two weeks later, when both sides would present testimony.

A new regulator? It would be a tough sell in today’s political environment. But we do have specialist federal regulators in many other industries, including banking, aviation, transportation, drugs and agriculture.

Reining in the big tech companies, Ms. Scott Morton said, is increasingly becoming a bipartisan concern. “At some point, society will say this is too much power without real oversight,” she said.

There are also narrower, targeted regulatory proposals. Some of these involve rules that would loosen a dominant company’s control of user data, by either forcing that company to share the data with a smaller competitor or giving users more ability to take their data from one service and move it to a competitor. The Stigler Center study cited those data moves in a list of potential regulations and enforcement actions.

The idea, broadly, is that data can be a barrier to competition, and that freeing up the personal information collected by the tech giants could lower that barrier.

The big online platforms are data monetization machines, collecting, analyzing and exploiting information from consumers, merchants, advertisers and others. And the network effect of data is formidable. The more data the companies have, the more fuel to feed the machine-learning algorithms that power their businesses.

“Data is the real trump card these platforms have,” said A. Douglas Melamed, a professor at Stanford Law School and a member of the Stigler Center study team.

Mr. Melamed, a former senior antitrust official at the Justice Department, favors a rule that would require dominant digital platforms to give other companies access to their user data for a fee. That would help level the playing field for new entrants and other rivals, he said, but wouldn’t be free for them, either.

“You let the competitors have access to their back rooms for a reasonable fee,” Mr. Melamed said. Such a solution would require regulatory oversight to set guidelines for fair licensing terms. Data sharing would also entail some privacy risk, since no privacy-protection technique is foolproof.

A related idea is to mandate that tech companies make user data portable. That means consumers could move their information from one service to another, forcing digital businesses to compete with superior offerings rather than data lock-in.

The regulator would need the technical skills to ensure that the consumer data was handed over in a way that would let a competitor use it easily.

“The details are crucial, if you’re really going to give consumers more choice and control,” said Jamie Morgenstern, a computer scientist at the Georgia Institute of Technology who worked on the study.

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