Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Wednesday, February 14, 2018

A right Royal debacle – Part 2




Driving the agenda

logoThursday, 15 February 2018 

The starting point will be creating and nominating central organising committees based on growing areas/regions with representation from across the rice farming community of those areas/regions in the country.


How the US jailed five innocent Palestinians

Shukri Abu Baker with supporters after a federal judge in Texas declared a mistrial in the case of the Holy Land Five, October 2007.Jim MahoneyDallas Morning News


In July 2004, federal agents raided the homes of five Palestinian American families, arresting the fathers, who had been leaders of a Texas-based charity called the Holy Land Foundation.

The Holy Land Foundation was once the largest Islamic charity in the United States, but months after the 11 September 2001 attacks the federal government shuttered the organization and seized its assets.

The first trial of the Holy Land Five was held in 2007 and ended in a hung jury. A second trial resulted in guilty verdicts. Both were marked by highly questionable procedures including the admission of testimony from anonymous Israeli security agents.

The failure to get a conviction in the 2007 trial was a huge embarrassment for the prosecutors, for whom this had been a flagship terrorism case. But they learned from their mistakes.

“We came back a year later,” John Cline, the lawyer for defendant Ghassan Elashi, told me, “and we had a new judge who I think was determined to get a conviction.”

The Fifth Amendment to the US Constitution provides: “Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.”

This clause is known as the Double Jeopardy Clause, and it means that after a case has concluded it can’t be retried. But because the 2007 case against the Holy Land Five ended in a mistrial, it had not “concluded” in a legal sense.

Second trial

The second trial began in September 2008. The prosecuting team had a year to fill the holes in its case and find ways to get around the defenses raised in the civil and first criminal cases.

“In the second trial,” Cline said, “the government decided they will throw out all the stops, and the judge seemed willing to give them anything they wanted.”

The first major change was that not all five defendants faced the same 32 charges. The prosecutors had taken all those charges to a jury already and they knew with which ones they were likely to succeed; changing the list let them focus more carefully on the charges they knew a jury would be more likely to favor.

Mohammad El-Mezain, Mufid Abdulqader and Abdulrahman Odeh were charged with conspiring to provide material support to a foreign terrorist organization; conspiracy to provide funds, goods, and services to a specially designated terrorist; and conspiracy to commit money laundering.

Shukri Abu Baker, on the other hand, faced 24 charges. Ghassan Elashi had 33. In addition to the charges brought at the first trial, the prosecution had added “filing false returns of an exempt organization” to the mix.

This was the first anyone had heard that the government supposedly believed the Holy Land Foundation had been filing illegitimate tax returns.

All the money was raised, accounted for, declared and transferred legally and above board. No one ever lied on the tax forms, no one lied on the bank statements, and everything was done in the open. None of the committees listed in the indictment had ever been listed or designated as terrorist organizations by the US government.

Major changes

I spoke to John Cline in depth about the differences between the first and second trial. I needed to know how the government had managed to get convictions in the second trial where it had failed in the first.

“What the government did skillfully in the second trial,” he explained, was use the fact that “in the ’80s and early ’90s some of the guys were sympathetic to certain aspects of Hamas activities like opposing Oslo and the kids throwing rocks.”

This was no different from most Palestinians or even from a substantial number of people in the West who were able to see that the Oslo accords were going to have far-reaching negative effects on Palestinians. But again, the jury heard this information out of context, isolated, and it may well have seemed to them that only the defendants and actual terrorists had those ideas.

In addition to changing the charges, the government made four major changes in the case it presented to the jury.

First, Robert McBrien from the treasury department testified that in his opinion one cannot tell whether the government will consider a person or organization to be a terrorist simply by checking the lists of terrorists that the government publishes.

The prosecuting team brought McBrien to counter the Holy Land Foundation’s point that it had tried to make sure that it was not giving money to terrorists and that the zakat committees – local charitable societies in Palestine which collect annual contributions from devout Muslims and oversee their distribution – had never been listed as terrorist entities by the government when so many others had. They wanted to prove that the Holy Land Foundation had not done enough to make sure their money wasn’t going to terrorists.

Second, documents that were brought in by the Israeli military were entered into evidence. The documents were allegedly found when Israeli forces had gone into zakat committee offices in West Bank cities during the Operation Defensive Shield incursion in April 2002, more than a year after the Holy Land Foundation was closed down.

The documents, undated and with no identifiable author, supposedly showed that Hamas controlled the zakat committees. Judge A. Joe Fish, who had presided over the earlier, inconclusive trial, had agreed that these documents were not admissible evidence, but now the new judge, Jorge Solis, allowed them in.

Third, the prosecution brought in Steve Simon, a witness to whom the defense strongly objected on the basis that his testimony was irrelevant and more prejudicial than probative. Simon had been on the staff of the National Security Council when Hamas was designated as a foreign terrorist organization.

In his testimony he brought up the 11 September 2001 attacks, which was a serious problem. The defendants had nothing to do with the attacks, Hamas had nothing to do with the attacks, and the trial had nothing to do with the attacks. By creating this association in the jury’s mind, the government was able to imply things far beyond the scope of the trial.

Lastly, Mohammad Shorbaji was a witness that the government chose to call in the second trial but not the first.

Shorbaji, a Palestinian from Gaza, had been convicted in early 2007, on a charge of embezzling $600,000 from the carpet company in Virginia for which he worked, and as part of a plea bargain he had agreed to cooperate with the FBI.

He testified that “everyone” in the West Bank, to which he had never been, knew that the Holy Land Foundation was the fundraising arm of Hamas and that all the zakat committees were Hamas.

Guilty verdicts

These four changes gave the government the edge it needed to convince a jury to convict.

Upon appeal the defense raised these four items as errors, but the court said that although they were indeed errors, they were “harmless.” That is, the decision would not have been different if this evidence had not been allowed.

This was “the most ridiculous, indefensible response by a respected court I have ever seen in my life,” Cline told me.

You can petition, which the defense did, pointing out that the errors identified were the ones that made the difference, but the court came back with no further explanation. The Supreme Court was also petitioned but declined to hear the appeal. And that’s that.

“The habeas corpus was hopeless,” John Cline told me, “and an executive clemency doesn’t seem likely.”

The second trial ended in November 2008, and after nine days of deliberations, the jury came back with all guilty verdicts.

All five men gave eloquent speeches prior to their sentencing, though in Shukri’s case Judge Solis cut him short.

They all thanked God, they thanked their families and friends who supported them. They expressed their deep faith in the work they did, and not one of them in the slightest way expressed regret for the price they would now have to pay for doing that work.

These five men demonstrated that their convictions were firm and their faith unimpeachable. They did the right thing, they would do it again, and God only knows how He will judge all of us when the time comes.

Decades-long sentences

Mufid was given a 20-year sentence, while Mohammad El-Mezain and Abdulrahman Odeh were given 15 each for the exact same charges. Ghassan Elashi and Shukri Abu Baker were each sentenced to 65 years.

They were now among thousands of Palestinian political prisoners, and perhaps millions of political prisoners around the world, nearly all of whom were convicted with a lack of real due process, all paying a price for being true to themselves.

A great deal of time, money and effort went into an attempt to get President Barack Obama to commute the sentences of the Holy Land Five. I was asked if there was anyone I knew with whom they might speak and ask for help. Sadly, I knew no one who had any influence and would speak for five innocent Muslim Palestinians imprisoned in the United States.

A delegation went overseas to plead with Muslim heads of state whom the US deemed “friendly,” asking them to speak to Obama before he left office, but to no avail.

Offers were made to provide the five with citizenships in other countries should they be released and deported.

But as John Cline once told me, this is too “politically fraught,” and Obama failed these innocent men just as he had failed the cause for justice and peace in Palestine.

It is very likely that these five Palestinian political prisoners will be freed once all Palestinian political prisoners are freed, and that will only happen once their homeland, Palestine, is free.

This essay is adapted from Injustice: The Story of the Holy Land Foundation Five by Miko Peled (Just World Books, 2018).

The Coward's Way: Make War on the Young-27 Palestinians living in the West Bank were forcibly sent to Gaza last year.

Salem-News.com

Feb-13-2018 

(LONDON) - The Israeli occupation authorities arrested a 14 year-old epileptic Palestinian girl for begging. As punishment they dumped her in the Gaza Strip where she knew no-one and was cut off from her parents.

Israeli newspaper Haaretz reports how the girl was arrested as an “illegal alien” in East Jerusalem (Palestinian territory as everyone knows), her cellular telephone confiscated and a lawyer from the Public Defender’s Office appointed to represent her.

She was released on bail and taken to the Gaza Strip because it was listed in Israeli records as her father’s place of residence. She told officials at Erez checkpoint on the Gaza border that she didn’t live in Gaza but in the West Bank.

http://www.salem-news.com/graphics/snheader.jpgThe Jerusalem Magistrate’s Court ordered her release on bail after her uncle paid 1,500 shekels. The authorities checked with records and found she was registered as a Gaza resident although her mother is registered as a West Bank resident.

Her father, on the other hand, is registered as a Gaza resident and is classified as an illegal alien in the West Bank because he didn't receive an exit permit from the Strip, which he left in 2000. This administrative muddle, which is deliberate and widespread, hardly makes for happy family life in the illegally occupied territories.

Representatives of HaMoked Center for the Defense of the Individual, who assisted the girl’s family, said she had never been to Gaza. Nonetheless Civil Administration officers instructed the Coordinator of Government Activities in the Territories (COGAT) to pack the girl off to Gaza despite her protests. Only after being deposited in Gaza did she get her phone back.

A HaMoked lawyer said: “With obtuseness that cannot be justified, nobody bothered to tell the minor where she was or made sure the family knew of her release, as is required in view of her age.”

The Guardian reports that, according to HaMoked, twenty-seven Palestinians living in the Israeli-occupied West Bank were forcibly sent to Gaza last year.... condemned to be shredded, incinerated or at least deeply traumatized the next time Israel 'war-tests' its weaponry on this tight packed open-air prison where the inhabitants have nowhere to run.

It was the first time they had heard of someone as young as 14 being sent there.

Despicable

There's nothing new about the Israelis' urge to hurt the most vulnerable. If there's one thing they are good at it's making war on women and children.

The self-styled "most moral army in the world" especially loves targeting Palestinian university students. Back in 2009 I wrote about Merna, an honors student in her final year majoring in English.
Israeli soldiers frequently rampaged through her Bethlehem refugee camp in the middle of the night, ransacking homes and arbitrarily arresting residents. They took away her family one by one.

First, her 14-year-old cousin and best friend was shot dead by an Israeli sniper while she sat outside her family home during a curfew.

Next, the Israelis arrested her eldest brother, a 22-year old artist, and imprisoned him for 4 years. Then they came back for Merna's 18-year old brother. Not content with that the military came again, this time to take her youngest brother – the ‘baby’ of the family - just 16. These were the circumstances under which Merna had to study.

Israeli military law treats Palestinians as adults as soon as they reach 16, a flagrant violation of the United Nations Convention on the Rights of the Child. Israeli youngsters by comparison are regarded as children until 18.

Palestinians are dealt with by Israeli military courts, even when it's a civil matter. These courts ignore international laws and conventions, so there's no legal protection for individuals under Israeli military occupation.

As detention is based on secret information, which neither the detainees nor their lawyers are allowed to see, it is impossible to mount a proper defense. Besides, the Security Service always finds a phony excuse to keep detainees locked up "in the greater interest of the security of Israel".

Although detainees have the right to review and appeal, they are unable to challenge the evidence and check facts as all information presented to the court is classified.

Despite the horrendous mental stress of it all, Merna determined to carry on with her studies. The most moral army in the world may have robbed her brothers of an education, but she would still fight for hers.

Cruel beyond belief

Dumping students in Gaza to disrupt their studies is nothing new either. Five years earlier the Israelis forcibly removed four Birzeit University students from their studies in the West Bank and illegally sent them back to the Gaza Strip. All four were due to graduate by the end of that academic year.

There was an outcry from around the world and the Israeli Army Legal Advisor was bombarded with faxes and letters demanding the students be allowed to return to their studies.

The world's most moral army agreed that the students might be allowed to return to Birzeit if they signed a guarantee to permanently return to the Gaza Strip after completing their studies.

This effectively exposed Israel's plan to impose a final separation between the West Bank and the Gaza Strip, even though the two are internationally recognized as one integral territory.

Under international law everyone has the right to freely choose their place of residence within a single territory, but Israel doesn't give a damn about international law.

The racist regime makes it virtually impossible for Gaza students to reach the eight Palestinian universities in the West Bank. In 1999 some 350 Gaza students were studying at Birzeit. By 2009 there were almost none.

To get to Bethlehem University, or any other, many students have to run the gauntlet of Israeli checkpoints.

"Sometimes they take our ID cards and they spend ages writing down all the details, just to make us late," said one. Students are often made to remove shoes, belt and bags.

"It's like an airport. Many times we are kept waiting outside for up to an hour, rain or shine, they don't care." The soldiers attempt to forcibly remove students’ clothes or they swear and shout sexual slurs at female students. Some tell how they are sexually harassed on their way to university and spend the rest of the day worrying what the Israelis will do to them on their way home. This constant humiliation of course undermines student motivation and concentration.

It was no surprise, then, to hear from Bethlehem University at around that time (2009) that Berlanty Azzam, a 4th year Business Administration student was being held by the Israeli military authorities with the intention of deporting her to Gaza "for trying to complete her studies at Bethlehem University.”

Berlanty, a Christian girl, was originally from Gaza but had lived in the West Bank since 2005 after receiving a travel permit from the military to cross from Gaza to the West Bank.

She was detained at the Container checkpoint between Bethlehem and Ramallah after attending a job interview in Ramallah. She too was robbed of her degree at the last minute. The 21-year old was due to graduate before Christmas.

The most moral army in the world blindfolded and handcuffed her, loaded her into a jeep and drove her from Bethlehem to Gaza, despite assurances by the Israeli Military Legal Advisor’s office that she would not be deported before an attorney from Gisha (an Israeli NGO working to protect Palestinians’ freedom of movement) had the opportunity to petition the Israeli court for her return to classes in Bethlehem.

When they’d crossed the border the world’s most moral army dumped Berlanty late at night and simply told her: “You are in Gaza.”

Berlanty had informed Gisha on her mobile phone before the soldiers confiscated it: "Since 2005, I refrained from visiting my family in Gaza for fear that I would not be permitted to return to my studies in the West Bank."

Now, just two months before graduation, she was arrested and taken to Gaza, with no way to finish her degree.

Bethlehem University was trying to mobilize people from around the world to protest. I contacted the Palestinian ambassador in London, who happens to be a former vice-president of that excellent seat of learning. "Have you contacted the Israeli ambassador for an explanation of this outrage?" I emailed him.

Next day, having heard nothing, I emailed again: "Update... She has been removed to Gaza blindfolded and handcuffed! What is the Embassy doing about this please?" Another 24 hours went by and no response. It wasn't unusual for the Palestinian embassy to be fast asleep or out to lunch for days on end and no-one covering.

I had simultaneously emailed the Israeli ambassador asking him, please, to make enquiries. "On the face of it, this seems a senseless outrage. The student concerned has, I believe, just started her final year. I wonder what Mr Prosor or Mr Netanyahu would say if the education of their sons and daughters or grandchildren was disrupted in this manner."

Next day, having heard nothing, I sent the same update about Berlanty's removal to Gaza blindfolded and handcuffed. Another 24 hours... still nothing, not even the courtesy of an acknowledgement from Israel’s press office, which usually responds like lightning to anything with news value.

If this had been a Jewish girl deprived of her university degree and life chances the Israeli embassy would be having hysterics and hurling accusations of religious hatred and anti-semitism. But this was the Jewish state screwing up the young life of a Christian, so that was alright then.

Administrative 'laws' designed to foul up every aspect of Palestinian life

Eventually, the Israeli embassy explained that Ms Azzam held a permit to stay in the West Bank back in 2005 and since the permit had expired she’d been living there illegally.

“Every Gaza resident who stays in the West Bank requires a permit, failing to do so is a breach of the law. As Ms Azzam has failed to provide a valid permit she was deported back to Gaza.”

The embassy added that if Ms Azzam wished to complete her studies at Bethlehem she should apply for a permit to the relevant authorities (COGAT) in Gaza. But Bethlehem University’s senior management weren't impressed.

According to them, 12 students from Gaza had applied to COGAT to attend the University in the previous year and NOT ONE received permission. Did they all pose a security threat to the democratic state of Israel? The Israeli reply simply raised more questions.

To give them their due, the Israelis eventually provided a detailed explanation attempting to unravel the complexities of the every-changing permit rules and admitting procedural mistakes, but insisted these were not sufficient to justify a different decision.

It was a classic example of how Israel’s administrative ‘laws’ are framed to interfere to the nth degree in Palestinian lives and ride rough-shod over citizens’ rights enshrined in international law, and to disregard its own obligations entirely.

For example, there was no recognition in the Israeli court’s decision that the West Bank and the Gaza Strip are one integral territory and under international law everyone has the right to freely choose their place of residence within it. Nor was there the slightest acknowledgement by Israel’s judiciary of the state’s responsibility under the Oslo Agreements to “respect and preserve without obstacles, normal and smooth movement of people, vehicles and goods within the West Bank, and between the West Bank and Gaza Strip”.

While Israel announced its ruling on Berlanty’s fate, its ambassador here was whining about the arrest warrant issued in London against ex-foreign minister Tzipi Livni for alleged war crimes.
Livni had overseen Israel's murderous assault on Gaza in December/January 2008-9, which killed 1400, including a large number of women and children, maimed thousands more and left countless families homeless.

Israeli top brass, including Ehud Barak, Livni and retired general Doron Almog, had to cancel engagements in London for fear of being arrested.

Israeli prime minister Netanyahu's office issued this arrogant statement: "We will not agree to a situation in which [former prime minister] Ehud Olmert, [Defense Minister] Ehud Barak and [opposition leader and former foreign minister] Tzipi Livni will be summoned to the bench. We utterly reject the absurdity that is happening in Britain."

What's absurd? If Berlanty, who had committed no crime at all, wasn't allowed to come and go as she pleased in her own country, Palestine, what made Netanyahu and Israel’s ambassador think that the blood-soaked Livni, and others like her, could come and go as they please in the UK?

The following year the incoming Conservative government, said to comprise 80% pimps for Israel, changedUK laws relating to 'universal jurisdiction' to prevent such arrest warrants being issued in future.

Under universal jurisdiction all states that are party to the Geneva Conventions are under a binding obligation to seek out those suspected of having committed grave breaches of the Conventions and bring them, regardless of nationality, to justice.

There should be no hiding place for those suspected of crimes against humanity and war crimes.
But the British government, to its everlasting shame, has turned the UK into a safe haven for Israeli psychopaths. As a result we have to endure obscene spectacles like the red carpet love-in between Theresa May and Netanyahu at the Balfour centenary celebrations in London before Christmas.
___________________________________
Stuart Littlewood is author of the book Radio Free Palestine, which tells the plight of the Palestinians under occupation. Stuart's articles are serious and revealing; they address the pertinent issues regarding Israel and Palestine and sixty years of conflict that have devastated millions of human beings. Stuart Littlewood’s book Radio Free Palestine can now be read on the internet by visiting www.radiofreepalestine.org.uk.
For further information please visit 
www.radiofreepalestine.org.uk.

'Boosting BDS': Israel's embassy in France boycotts Paris film festival


Oscar-nominated Israeli film Foxtrot shows Israeli troops covering up deaths of Palestinian teenagers
A scene from Samuel Moaz's 'Foxtrot' (Screengrab/Twitter)

Nadine Dahan's picture
Nadine Dahan-Wednesday 14 February 2018 14:55 UTC

Israel’s embassy in France boycotted the opening ceremony of the Israeli Film Festival on Tuesday in Paris because of plans to screen a controversial film about abuses by Israeli troops. 
Foxtrot, which was among other titles submitted for the best foreign-language Oscar, shows the Israeli army covering up deaths of Palestinian teenagers. 
Despite recommendations from the foreign ministry to change the chosen film, the festival’s director, Helen Schuman, told Haaretz: "I really love the movie. I don't see anything against Israel whatever ... So I won't cancel it. Of course not."
Israel’s culture minister, Miri Regev, who had put pressure on the foreign ministry to withdraw their support for the festival, according to Haaretz, said she would not support a festival that "slanders" Israeli soldiers.
According to Regev, the film is “boosting BDS and Israel’s enemies” and shows Israeli army soldiers as “murderers and harms the good name of the Israeli Defence Forces”.
The controversy over the film comes weeks after the arrest 16-year-old Palestinian Ahed Tamimi caused outrage worldwide.
Israeli human rights group B’Tselem said in a statement: "Remand in custody – even of minors – is part of the routine of oppression that Israel employs against Palestinians, with the full backing of the military courts, a system in which both judges and prosecutors are always military personnel, the defendants always Palestinian, and the conviction rate almost 100 percent.
"These proceedings reveal the disgrace of Israel’s military regime as a whole, and of its military courts in particular."
B'Tselem added: "Its goal is not to serve truth and justice, but to preserve Israel’s control over the Palestinian people. This is true of the Tamimi family – and of thousands of others."
Israel has faced widespread criticism for the treatment of Palestinian prisoners, particularly minors.
A debate was held last week in the UK Parliament to discuss the military detention of Palestinian children by Israeli authorities. 

Russia’s Clash With the West Is About Geography, Not Ideology

The Marshall Plan recognized the limits of U.S. power in Europe. To be successful, so must diplomacy with Moscow today.


No automatic alt text available.BY BENN STEIL-FEBRUARY 12, 2018


At his dacha, standing before a map of the newly expanded Soviet Union shortly after Germany’s surrender in May 1945, Josef Stalin nodded with approval. The vast buffer he’d carved out of Soviet-occupied Eastern Europe would now protect his empire against future Napoleons and Hitlers. Stalin then took the pipe from his mouth, waving it under the base of the Caucasus. He shook his head and frowned.

“I don’t like our border right here,” he said to his aides, gesturing at the area where the Soviet republics of Georgia, Armenia, and Azerbaijan met the hostile powers of Turkey and Iran.

Over the next year and a half, U.S.-Soviet relations would collapse as Stalin pressured Ankara and Tehran for territorial concessions and U.S. President Harry S. Truman pushed back by sending a naval flotilla to the Mediterranean. In February 1947, a penniless Britain told the State Department that it could no longer defend the Greek government in its civil war with Yugoslav-backed Communist rebels, prompting Truman to pledge U.S. economic and military aid for Athens and Ankara. Stalin, whose country was struggling to recover from Nazi devastation, fell back on defense. His aim now would be to hold the new security zone in Eastern Europe and to prevent the United States from controlling Russia’s mortal enemy: Germany.

In March 1947, the new U.S. secretary of state, George C. Marshall, embarked on six grueling weeks of negotiations in Moscow with his Soviet counterpart, Vyacheslav Molotov, over the future of occupied Germany. With neither side willing to accept the possibility of such a dangerous, strategically situated country becoming an ally of the other, the talks ended in stalemate. Yet Stalin still believed that Truman would ultimately be compelled to concede German unification on Soviet terms — massive reparations and a political structure favorable to the Communists — in order to fulfill his predecessor Franklin D. Roosevelt’s pledge to withdraw U.S. troops from Europe within two years after the war.

Marshall left Moscow convinced that cooperation with the Soviets was over. Germany, and much of Western Europe, was edging toward economic and social collapse, and the Leninist dictum “the worse, the better” appeared to be Stalin’s response. The time had come, Marshall decided, for unilateral U.S. action to secure democratic, capitalist government in the parts of Europe still outside Soviet control. In an iconic speech at Harvard University on June 5, 1947, he presented the outline of what would become a massive four-year U.S. aid scheme to support European reconstruction and integration: the Marshall Plan.

Stalin denounced the plan as a vicious American plot to buy political and military domination of Europe. He feared losing control not just of Germany but of Eastern Europe, too. Prior to the launch of the Marshall Plan, Stalin had never been dogmatic about the forms of socialism pursued by countries within the Soviet sphere. Bulgaria, Czechoslovakia, Hungary, Poland, and Romania were all allowed to form coalition governments of one sort or another. His demand had merely been fealty to Moscow on foreign policy. That would soon change. By the end of 1948, Stalin had fully co-opted or crushed the remaining non-Communist elements in the governments of Eastern Europe.

Truman had wanted to use the Marshall Plan as a tool to reduce U.S. security entanglements in Europe. But the State Department had conditioned the $13.2 billion (more than $135 billion in today’s money) in grants on the recipients integrating their economies, leaving them to object that the loss of self-sufficiency would make them more vulnerable to Soviet (and German) harassment and threats. So the president now acceded to French and British demands that Marshall aid be given a military escort. On April 4, 1949, a year and a day after signing the Marshall aid legislation, Truman signed the founding agreement of the North Atlantic Treaty Organization (NATO).

The following month, the United States, Britain, and France accepted the constitution for a new West German state. The Soviets responded by creating their own East German state in October. The dialectic of each side’s suspicions of the other having played out as far as it could without war, the European borders of the Cold War conflict would remain frozen for the next 40 years.

West Berliners crowd in front of the Berlin Wall as they watch East German border guards demolishing a section of the wall in order to open a new crossing point between East and West Berlin, near the Potsdamer Square on Nov. 11 1989 . (Gerard Malie/AFP/Getty Images)

Four decades later, on Nov. 9, 1989, frenzied East German crowds gathered at the Berlin Wall yelling “Tor auf!” (“Open the gate!”). When a worried and confused border guard complied, tens of thousands began pouring into the West. Millions more would do so in the coming days.

In Dresden six weeks later, a crowd greeted West German Chancellor Helmut Kohl shouting “EinheitEinheitEinheit!” (“Unity!”). Nearby, a nervous but determined 37-year-old KGB officer had spent weeks burning mounds of documents in preparation for possible attacks on his station by angry mobs. The enormous volume of ash destroyed the building’s furnace. Years later, Russian journalists interviewed the former officer about his work in Germany. “We were interested in any information about the main opponent,” Vladimir Putin explained. That opponent, NATO, would continue to obsess Russian leaders in the years to come.

By early 1990, the East German Communists, imploding under the weight of popular revulsion and infighting, were a spent political force, and Soviet General Secretary Mikhail Gorbachev had begun to reconcile himself to German unification. What he still demanded was that a reunified Germany not be part of the Atlantic alliance. Continued German membership of NATO, Gorbachev told German and Soviet journalists, must be “absolutely ruled out.”

Gorbachev and his Russian successors have maintained that they were misled over whether the alliance would be permitted to expand eastward. NATO, the Soviet leader said, was “an organization designed from the start to be hostile to the Soviet Union.” “Any extension of the zone of NATO,” he told then-U.S. Secretary of State James Baker, would therefore be “unacceptable.” Yet when Germany reunified in October, he was powerless to stop the eastern part from exiting the Warsaw Pact and entering NATO.

With the demise of Gorbachev and the Soviet Union in 1991, Russian President Boris Yeltsin continued to press the issue with his American counterpart. The United States, he told then-President Bill Clinton, was “sow[ing the] seeds of distrust” by dangling NATO membership in front of former Warsaw Pact states. For a Russian leader to “agree to the borders of NATO expanding toward those of Russia,” he told Clinton during a 1995 meeting at the Kremlin, “would constitute a betrayal of the Russian people.” Defense Minister Pavel Grachev warned Polish leaders that his countrymen saw the alliance as a “monster directed against Russia.” Foreign Intelligence Service head Yevgeny Primakov, who would later become foreign minister and prime minister, argued that NATO expansion would necessitate a more robust Russian defense posture. “This is not just a psychological issue for us,” he insisted to the U.S. diplomat Strobe Talbott in 1996. “It’s a security question.” Moscow’s Council on Foreign and Defense Policy warned that NATO enlargement would make “the Baltic states and Ukraine … a zone of intense strategic rivalry.”

Russia’s resistance left Clinton two sensible options. He could ignore it and insist on expanding NATO in a robust way, under the logic that “Russia will always be Russia” and would harass and dominate its neighbors if not contained by the threat of military force. This was the Republican position at the time, outlined in the party’s 1994 “Contract with America.” The other was to sit tight until Russian behavior belied its pledges to respect its neighbors’ sovereignty. This was former Ambassador to the Soviet Union George Kennan’s position. But Clinton, being Clinton, chose a third option, which was to expand NATO on the cheap — under the logic that the alliance faced no real enemy. In 1996, Ronald Asmus, soon to become an influential Clinton administration official, argued that NATO expansion costs would be modest since the “premise [was] avoiding confrontation with Russia, not preparing for a new Russian threat.”

“Are we really going to be able to convince the East Europeans that we are protecting them,” asked an incredulous Democratic Sen. Sam Nunn in a speech to military officials, “… while we convince the Russians that NATO enlargement has nothing to do with Russia?” Talbott warned in an internal memo that “An expanded NATO that excludes Russia will not serve to contain Russia’s retrograde, expansionist impulses.” On the contrary, he argued, “it will further provoke them.” But Richard Holbrooke, then Clinton’s special envoy to the Balkans, dismissed this warning. The United States, he wrote in World Policy Journal in 1998, could “have [its] cake and eat it too … years from now … people will look back at the debate and wonder what all the fuss was about. They will notice that nothing has changed in Russia’s relationship with the West.”

Holbrooke could not have been more wrong. “We have signed up to protect a whole series of countries,” the 94-year-old Kennan told the New York Times columnist Tom Friedman in 1998, “even though we have neither the resources nor the intention to do so in any serious way.” He would prove right. Clinton’s gambit would pit an under-resourced NATO against an ever-more embittered and authoritarian Russia.

Days after the Czech Republic, Hungary, and Poland joined NATO in March 1999, the alliance began a three-month bombing campaign against Serbia — which, like Russia, is a Slavic Orthodox state. These attacks on a brother country appalled ordinary Russians, especially since they were not carried out in defense of a NATO member, but to protect the Muslim population of Kosovo, then a Serbian province. NATO’s actions in the former Yugoslavia — in Bosnia in 1995 as well as in Serbia in 1999 — were undertaken with noble aims: to stop the slaughter of innocents. NATO expansion into the former Warsaw Pact countries, however, all but guaranteed that Russians wouldn’t see them that way. Moscow knew that its former vassals, by joining the alliance, had now bound themselves to support Western policies that challenged Russian interests. The farther east NATO expanded, the more threatening it would become.

That seemed especially clear when NATO members began taking unilateral actions hostile to Russia, actions they would never have taken outside the alliance. In 2015, for example, Turkey shot down a Russian fighter jet that had crossed into its airspace from Syria, where it was bombing opponents of the Bashar al-Assad regime. “Turkish airspace … is NATO airspace,” the Turkish foreign ministry pointedly told Russia after the attack. Russia took notice. “Turkey has set up not itself” as the actor, “but the North Atlantic alliance as a whole,” said Prime Minister Dmitry Medvedev in an interview with Timemagazine. “This is extremely irresponsible.”
Crimeans wave Russian flags as they celebrate the first anniversary of the referendum on March 16, 2015 in Sevastopol, Crimea. (Alexander Aksakov/Getty Images)

In trying to assure the Russians that NATO was not a threat, the Clinton administration had taken it for granted that legitimate Russian interests, in an era following glasnost and perestroika, would not clash with NATO interests. But this view presumed that the Cold War had been driven by ideology and not geography. Halford Mackinder, the father of geopolitics, would have scoffed at this view. Mackinder, who died in 1947, the year the Truman Doctrine and the Marshall Plan were launched, drew policymakers’ attention to the strategic centrality of the vast Eurasian “Heartland,” which was dominated by Russia. “Who rules East Europe,” he famously wrote in 1919, “commands the Heartland; Who rules the Heartland commands the World-Island; Who rules the World-Island commands the World.” It was the ideas of Mackinder, and not Marx, that best explained the Cold War.

Russia’s eternal fear of invasion drove its foreign policy then and continues to do so now. “At bottom of [the] Kremlin’s neurotic view of world affairs is [a] traditional and instinctive Russian sense of insecurity,” Kennan wrote in his famous 1946 Long Telegram. Vast, sparsely populated, and with huge transport challenges, Russia had a natural tendency to fracture. Looking outward, Russia was a “land which had never known a friendly neighbor.” Its defining characteristic was its indefensibility. No mountain ranges or bodies of water protected its western borders. For centuries, it suffered repeated invasions. That landscape and history encouraged the emergence of a highly centralized and autocratic leadership obsessed with internal and external security. Communists had been just one variety of such leadership, peculiar to the age in which they emerged.

The country’s western borders have always been particularly vulnerable. The European landmass west of Russia’s borders constitutes a large peninsula surrounded by the Baltic and North Seas to the north, the Atlantic Ocean to the west, and the Black Sea to the south. Russia, in contrast, has few maritime outlets. The Arctic Ocean is remote from its population centers. The country’s few ports are largely unusable in the winter. Turkish waters to the south, like Nordic waters to the north, can be easily blocked. During the Cold War, Norwegian, British, and Icelandic airbases also hindered Russian access to the sea.

But such problems were not limited to the 20th century. In the latter half of the 19th century, Russia had been contained by France and Britain — in the Balkans, the Middle East, India, and China — well before Kennan made “containment” a household word. Its defensive options being limited, its military doctrine has historically been offensive. It has sought to dominate its neighbors as a means of preventing the borderlands from being used against it by other powers. Whereas the West sees Russia’s fear of invasion as groundless, history has shown Russian leaders that foreign intentions are typically hidden or fluid. Each age brings a new existential threat; there would always be another Napoleon or Hitler.

After World War II, the threat was, from the Kremlin’s perspective, capitalist encirclement led by Washington and its West German puppet. The incorporation of Ukraine and Belarus (1922) and the Baltic countries (1940) into the Soviet Union, and the creation of buffer states farther east, bolstered Russia’s security at the expense of the West’s. In 1949, splitting control of Germany created a stable equilibrium, one that survived four decades. Once Moscow lost control of Berlin in 1989, however, Russia’s defensive frontier collapsed, forcing it to retreat to borders farther east than they had been since the 18th century.

In his 2005 state of the nation address, Russian President Vladimir Putin, the former KGB officer who had been on the front lines of Moscow’s covert efforts against NATO during the 1980s, described the collapse of the Soviet Union as the “greatest geopolitical catastrophe” of the 20th century. Much of his long tenure as president has been devoted to restoring elements of the Soviet Union’s economic space and security frontier in the face of NATO and European Union expansion — and preventing the old Soviet empire’s constituent parts from undermining the interests of today’s Russia.

While military conflicts in Moldova, Georgia, and Ukraine have been attributed to aggressive Kremlin efforts to re-establish elements of the Soviet empire, it is notable that Russia has not annexed any of the breakaway regions — with the exception of Crimea, which houses the Russian Black Sea Fleet. The reason is not merely deniability, but also the fact that annexation of pro-Russian territories would have strengthened the pro-Western forces in the remaining parts of each country. Annexation would undermine Russia’s primary objective, which is keeping the countries beyond the reach of Western institutions seen to threaten Russian interests. The presence of frozen conflicts in the three nations effectively blocks them from joining NATO. The alliance has always rejected aspirants with unresolved border disputes, internal territorial conflicts, and insufficient military capacity to provide for a credible national defense.

In the cases of Georgia and Ukraine, the timing of the Russian interventions coincided with those countries’ achievement of tangible benchmarks on the path to NATO membership. The combined separatist territories, under effective Russian control, now form a valuable protective arc along Russia’s western and southwestern border. Just as Stalin strengthened the Soviet Union’s buffer zone in response to the Marshall Plan, which he expected Washington to supplement with military force, Putin has strengthened Russia’s buffer zone in response to NATO expansion.

Putin’s views are perhaps best captured by a private conversation he had with the former Israeli leader Shimon Peres shortly before the latter’s death, in 2016. “What do [the Americans] need NATO for?” Peres recalled him asking. “Which army do they want to fight? They think I didn’t know that Crimea is Russian, and that Khrushchev gave it to Ukraine as a gift? I didn’t care, until then you needed the Ukrainians in NATO. What for? I didn’t touch them.”

These are not the words of an ideologue. Nor are they a reflection of a uniquely ruthless Russian leader. After all, Gorbachev, no fan of Putin’s, also supported the annexation of Crimea, as well as Russian military action in Georgia. The West, he wrote in his memoirs, had been “blind to the kind of sentiments NATO expansion aroused” in Russia.

Western leaders do not need to sympathize with Russia, but if they wish to make effective foreign policies, they do need to understand it. Communism may have vanished from Europe, but the region’s geography has not changed. Russia is, as it has always been, too large and powerful to embed within Western institutions without fundamentally changing them and too vulnerable to Western encroachment to acquiesce in its own exclusion.

The Marshall Plan, which cemented the Cold War, is remembered as one of the great achievements of U.S. foreign policy not merely because it was visionary but also because it worked. It worked because the United States accepted the reality of a Russian sphere of influence into which it could not penetrate without sacrificing credibility and public support.

Great acts of statesmanship are grounded in realism no less than idealism. It is a lesson America needs to relearn.

The excerpt was adapted from Benn Steil’s new book The Marshall Plan: Dawn of the Cold War.
 
Benn Steil is director of international economics at the Council on Foreign Relations. (@BennSteil)

Longtime Trump attorney says he made $130,000 payment to Stormy Daniels with his money

Here is what we know about the allegation that an adult-film star reportedly was paid to remain silent about a sexual relationship with Donald Trump. 

A longtime personal attorney for President Trump said Tuesday that he paid $130,000 to an adult-film star who had told people she had an affair with Trump a decade before he won the presidency.

Michael Cohen, who had previously dismissed reports about the payment, said he paid Stormy Daniels — whose real name is Stephanie Clifford — using his own money, rather than involving the Trump Organization or the Trump presidential campaign. His comments came after a watchdog group argued that the payout should be viewed as an unreported campaign expense, which Cohen denied.

“I am Mr. Trump’s longtime special counsel and I have proudly served in that role for more than a decade,” Cohen said Tuesday night in a statement first reported by the New York Times. “In a private transaction in 2016, I used my own personal funds to facilitate a payment of $130,000 to Ms. Stephanie Clifford. Neither the Trump Organization nor the Trump campaign was a party to the transaction with Ms. Clifford, and neither reimbursed me for the payment, either directly or indirectly.”

In his statement, Cohen did not say why he made a payment to Daniels or whether Trump reimbursed him or knew about the payment. Cohen did not respond to follow-up questions about these topics.

 (And as law professor Orin Kerr notes, Cohen’s statement also leaves unclear whether he is saying he paid the $130,000 himself or simply saying that he paid for her to receive the funds.)

Cohen, who has called himself the “fix-it guy” for Trump, had pushed back against the suggestion of a payout to Daniels ever since the Wall Street Journal first reported it last month. In response to that report, Cohen waved away “rumors” that he said “have circulated time and again since 2011,” and he also issued a statement bearing Daniels’s signature denying that she “received hush money from Donald Trump.”

Since that time, Daniels’s signature also appeared on another statement saying she never had an affair with Trump, though in recent public appearances, she has avoided explicitly denying an affair or saying whether she received a settlement.

The watchdog group Common Cause announced last month that it was filing federal 
complaints alleging that the reported $130,000 payout may have violated campaign finance laws. The group argued that the payment was an unreported in-kind contribution to Trump’s campaign. In a letter to federal authorities, Paul S. Ryan, a campaign finance expert with Common Cause, said the settlement should have been considered a campaign expense “because the funds were paid for the purpose of influencing the 2016 presidential general election.”

The pair of complaints filed by Common Cause said that regardless of where the $130,000 payment originated — even “if Donald J. Trump provided the funds” — the money was aimed at affecting the election and then never reported.

After Cohen’s statement Tuesday night, Ryan said that “the timing and circumstances” of the payment “make it appear that the hush money was paid to Daniels in an effort to influence the election.” Ryan called again for the Federal Election Commission and Justice Department to investigate.

“Questions about the payment and the circumstances behind it must be answered, and they must be answered under oath,” Ryan said in a statement.

Cohen said Common Cause’s claims of campaign finance violations “are factually unsupported and without legal merit, and my counsel has submitted a response to the” Federal Election Commission.

“The payment to Ms. Clifford was lawful, and was not a campaign contribution or a campaign expenditure by anyone,” Cohen said, noting that he did not plan to make any further comments on the issue.

He added: “Just because something isn’t true doesn’t mean that it can’t cause you harm or damage. I will always protect Mr. Trump.”

The White House did not respond to a request for comment late Tuesday night.

The $130,000 payment to Daniels was first revealed in a Wall Street Journal report Jan. 12. The Journal reported that Cohen negotiated the payment to Daniels not long before the 2016 presidential election, which came as Trump was facing accusations of unwanted sexual contact from more than a dozen women.

After the Journal’s article was published, two news organizations — Slate and In Touch — revealed that Daniels had told at least two reporters her accounts of a relationship with Trump.

Daniels has said she met Trump at a celebrity golf tournament in July 2006, at a time when he was a reality television star whose wife, Melania, had recently given birth to their son, Barron. Daniels was working at a booth promoting the adult-film company Wicked Pictures.


Stormy Daniels at the 2007 Grammy Awards. (Matt Sayles/AP)

In Touch, the celebrity magazine, published a sprawling transcript of an interview Daniels gave to a reporter in 2011, during which Daniels discussed having a sexual encounter with Trump at the tournament and then speaking with him on the phone or seeing him in person for about a year. Jordi Lippe-McGraw, the reporter who conducted the interview by phone, confirmed to The Washington Post that the transcript accurately reflected the interview.

In that transcript, Daniels is quoted as mentioning Trump being riveted by “Shark Week” programming that aired when she saw him, his desire to buy her a condo in Tampa and his comments about putting her on “The Apprentice,” his television show.

Jacob Weisberg, chairman and editor in chief of the Slate Group, said she told him the same things when they spoke on the phone and through text messages over three months in 2016.

Weisberg, in an account published by Slate, wrote that Daniels had “worked out an agreement for the presidential candidate to pay her a six-figure sum to keep quiet.” But Daniels was afraid Trump would not pay up, Weisberg wrote, so she spoke to Slate multiple times before she stopped responding about a week before the election. A friend of hers said that Daniels had “taken the money from Trump after all,” Weisberg wrote.


Daniels has appeared publicly since the payout story broke, but she has remained coy about what exactly happened. When she was asked on “Inside Edition” whether she had a sexual relationship with Trump and was paid not to discuss it, Daniels remained silent.

Adult-film actress Stormy Daniels appeared on “Jimmy Kimmel Live!” on Jan. 30.
She also made an appearance on Jimmy Kimmel’s show after Trump’s State of the Union address last month. Not long before that appearance, a signed statement bearing her name was released, denying any affair with Trump. Gina Rodriguez, a representative for Daniels, confirmed the authenticity of the statement, which denied the affair but did not explicitly deny that Daniels had signed a nondisclosure agreement or received a financial settlement.

When Kimmel asked about the statement, Daniels avoided directly answering whether she signed it, saying that the signature did not look like hers. Rodriguez, her representative, emailed The Post after that interview to say Daniels signed the statement in front of her and Daniels’s lawyer. Rodriguez and the lawyer did not respond to a request for comment Tuesday night.
This report, first published at 12:23 a.m., has been updated.