Armies of Liberation

The Yemeni Americans are protesting the fact that Saleh is in the New York Ritz Carlton Hotel enjoying an immunity deal that grants a pardon for 33 years of crimes and that “his” funds have not been frozen, or any punitive actions taken at all. He is supposedly here for urgent medical treatment only available in the US but he looks fine to me.

Washington Post: NYC protest against Yemeni president gets heated when he appears as shoe is thrown

NEW YORK — A protest of the embattled president of Yemen outside the New York hotel where he’s staying got heated when demonstrators saw him leave the building.

The dozen protesters had been kept across the street from the Ritz-Carlton hotel Sunday afternoon. They had been waving flags and yelling in opposition to President Ali Abdullah Saleh. He is visiting the United States for medical treatment.

Saleh exited the hotel and waved and smiled sardonically toward the protesters. One of them attempted to charge across the street, but was restrained by authorities. Someone also threw a shoe in Saleh’s direction.

Saleh got into his car. His motorcade then left.

Yemenis are fleeing (not joining) al Qaeda where ever they appear. However the vast majority of civilians lack the funds to rent an apartment or to buy food once they leave their farms and possessions behind to be looted by AQAP. But if they stay, they are subject to both al Qaeda dictatorship and US drones. The US may label those who don’t flee as collateral damage or as providing material support (as the Bedouins were in the Dec 2009 US strike in Abyan that killed 43 women and children when General Patraeus implied they were acceptable deaths because they selling vegetable to AQAP, despite the fact the villagers had appealed twice to local authorities to expel the group.)

Certainly AQAP bears the responsibility for sheltering in populated areas in the first place but people in the al Qaeda occupied territories of Yemen want to know where the refugee camps are. Seriously, where are they supposed to go? And it is a US problem when an al Qaeda presence means the potential of US drone strikes. The 120,000 who fled Zinjibar last May are still in the schools of Aden. I know Yemenis’ rights are very low on Obama’s priority list, but there must be a part of the plan to increase US drone use that will deal with the public panic and mass displacement that will occur as US drones follow AQ from province to province threatening people’s lives and homes. Over 15,000 fled Raada within days of Tariq al Dhahab’s (and al Wahishi’s) appearance. They were escaping both the al Qaeda fanaticism and the threat of US drones.

While the Obama administration may try to maintain the myth in the US that they know exactly who they are hitting, and its always a precise targeting, the non-lethal impact on civilians must be considered as well. The US is playing right into al Qaedas hands with nearly every policy from the re-imposition of a dictatorship through the GCC deal to Saleh’s visit to increased drones. The US is focused on vulnerable land when it should be focused on vulnerable people.

Basically, the US is going to bomb Yemen in order to pull off an uncontested election that nobody wants (except the US, the GPC and Islah elites) in the interest of “stability.” If the expired parliament gave Saleh immunity, it can appoint Hadi. The bogus show election isn’t worth more Yemeni lives or the displacement of tens of thousands, and it certainly wont confer legitimacy when there’s only one candidate that was selected by the US. The most politically disenfranchised are going to boycott anyway: civil minded protesters, southerners and Houthis.

The National: Yemen will increasingly rely on US drone strikes to target Islamist militants threatening to disrupt a transfer of power this month, Yemeni government officials said.

The president, Ali Abdullah Saleh, is meant to hand over power to his vice president, Abdurabu Mansur Hadi, on February 22.

The run up to the transfer is being overshadowed by growing protests, including within the military, which have grounded Yemen’s air force across much of the country.

Two aides in Mr Hadi’s office said they expected a rise in drone attacks against Al Qaeda militants.

The strikes will be intensified only if necessary, to ensure that militant groups do not expand in vulnerable areas, said one of the aides. Both asked to remain anonymous. (Read on …)

There are many moves afoot within Yemen and internationally that dispute the unprecedented immunity deal for 33 years of Saleh’s crimes as well as that of his cohorts. However, the Yemeni parliament, that has been sitting since 2003, when it was elected to a four year term, was scheduled for elections in 2009 and voted itself a two year extension into 2011. I am checking but I can’t find anyone who recalls a new law being issued where they voted themselves another term extension.

(Update: the 2009 law grants a two year extension until they elect a new parliament in 2011, ambiguous language at best.

Update 2: a handy link from Yemen Parliament Watch that indicates parliament is operating outside the scope of the law: “The report indicated that the constitutional period of the parliament ended in February 2011 where the parliament had finished its six years stipulated constitution as well as the additional two years.”

Update 3: there is also a stipulation in the constitution that parliament can be extended when facing war, natural disaster or unrest, but I’m assuming that had to have been done formally, and within the scope of the term, not by some GPC mind meld.

Update 4: the amnesty was issued while Parliament was legally on vacation or in recess.)

Original post continues: A political deadlock ensued following the 2006 presidential election wherein the GPC thwarted the implementation of a proportional representation system (as opposed to a “winner takes all” single district method) and other electoral reforms, prompting the opposition JMP to boycott parliament altogether. Without the implementation of the previously agreed upon reforms, the parliament voted itself a two year extension and rescheduled elections for 2011. (In order to thwart elections in 2011, the SCER also disqualified the voter rolls en mass.) There was no new parliamentary election in 2011 and no official law passed rescheduling the election and extending their terms as far as I know. Therefore there is no legitimate Yemeni parliament, just a bunch of old men stuck to their chairs for a decade.

So where is the legal foundation of this expired parliament’s vote to give the Sanaa regime immunity? More fundamentally, the people withdrew legitimacy from the Parliament, the Sanaa regime and dysfunctional political party system through a year of mass nationwide protests.

However, while many are working on the issue of Saleh’s immunity, I am much more concerned with the implementation of the proportional representative system in order to undermine the hegemony of both the GPC and Islah who were both artificially empowered by the GCC plan. Proportional representation will allow for the growth of new parties, minority representation and probably more women in political office. It appears that the only way to get the task done is through a public referendum, as the same illegitimate GPC dominated parliament that stalled on the issue for five years will likely continue to block it.

The proportional system has a national consensus, and it has been repeatedly been endorsed by a variety of Yemeni groups from the JMP in 2005 to the tribally based National Dialog Committee in 2009 to the Yemeni Youth Revolution that took to the streets in 2011.

Had the PR system been enacted as agreed upon in 2006, allowing for authentic political growth and representative parties to compete in 2009, the revolution might not have been necessary. So its important not to allow history to repeat itself, especially with this crucial and long overdue element of the overall package of electoral reform.

There is more on the other illegalities of the unprecedented and illegal amnesty plan below from Human Rights Watch and the YCTJ:

Press Release
By The Yemeni Center for Transitional Justice Concerning the Approval of the House of Representatives of the Immunity Law

The Yemeni Center for Transitional Justice reviewed the law approved by the House of Representatives (Parliament) of the Republic of Yemen concerning the award of immunity to the President of the Regime of Ali Abdullah Saleh and his supporters. As YCTJ confirms its previous position with respect to this law, that the law lacks the minimum principles of human justice, and is openly in violation of honorable Islamic Jurisprudence, international laws, and is in breach of the international human rights conventions/agreements to which Yemen is signatory, YCTJ now also calls for the application of real true transitional justice without any selectivity, forgery or deliquescent.
(Read on …)

And other oddities:

The latest news on Gitmo detainee Abd al Rahim al Nashiri, in US custody since 2002, is that the Military Commission can not confirmthat he will be released if found not guilty. Its not in the Military Commission’s jurisdiction to make those kind of pledges. Considering Nashiri was water boarded, its questionable if any of his statements will be allowed at trial, but prosecutors are confident that there is enough other evidence for a conviction.

Al Nashiri is charged with aiding the al Qaeda attack on the USS Cole in Aden port in 2000. The bombing killed 17 US service members and severely wounded dozens more. Al Nashiri selected the targets, the timing and coordinated the operatives. However, unexplored for a decade is the level of complicity by top Yemeni government officials and the failure of US intelligence to get a warning to the ship.

Prior to the attack on the USS Cole, Yemen’s then Interior Minister Hussain Arab issued al Nashiri a travel pass that enabled him to pass Yemen’s many internal checkpoints without search or question in the months preceding the terror attack. Al Nashiri also had a weapons permit issued by the Interior Ministry. These official documents were presented in Yemeni court during the 2005 trials of other conspirators.

In an interesting coincidence, Yemeni President Saleh ordered several top officials, including Interior Minister Arab, to travel from the capital Sana’a to Aden the night before the USS Cole was bombed there.

Saleh denied that Yemen was notified of the impending arrival of the warship. According to Centcom commander, General Zinni, in Congressional testimony, US naval officials followed the standard procedures for refueling including a two week advance notification to the host port.

It was also around two weeks prior to the attack that the military data mining group Able Danger and separately DOD analyst Kie Fallis picked up intel streams about an impending attack. Both made several attempts to obtain authorization to issue official warnings to no avail.

Kie Fallis quit the day of the Cole bombing. Able Danger’s Anthony Shaffer’s information never made it into the 9/11 report, although he tried. DOD later revoked Shaffer’s health insurance and forced him out over a “stolen” pen that he reported taking as a souvenir as a teen.

The NSA had the “Yemen hub” (a phone line in Yemen used by al Qaeda operatives for calls to and from bin Laden and others) under heavy surveillance for over a year prior to the Cole bombing, and for about a year after. There was a satellite trained on the house in Sanaa 24/7. Oddly, the NSA never learned of or reported on the USS Cole plot.

The CIA withheld information from the FBI about an al Qaeda summit, a high level meeting in Malaysia in January 2000, at which both the Cole and 9/11 were discussed. (See former federal investigator Ali Soufan’s excellent book, The Black Banners for more.)

Yemeni officials failed to cooperate with Soufan and other FBI agents in Yemen investigating the bombing. Some like the head of Yemen’s Political Security Organization in Aden, Hussain al Ansi, engaged in active misdirection and stonewalling.

Ten terrorists awaiting trial for the Cole attack escaped Yemeni prison in 2002 and after surrendering, their trials resulted in sentences of five to ten years. Most of escaped prison again in 2006. By 2008, all those convicted in the attack had their sentences commuted and were free. Al Nashiri, in US custody, was sentenced to death in Yemen in absencia in 2005.

The Jurist reports the Yemeni government sheltered (and lied for) al Nashiri after the bombing. The Congressional Research Service details the Cole bombers’ releases and notes that, according to the Washington Post, Al Nashiri had spent several months before his capture under “high-level protection” by the Yemeni government.

After the USS Cole attack, Interior Minister Arab was transferred, appointed by Yemeni President Saleh to the Shura Council. Arab resigned and joined the Pro-Revolutionary Military Council in March 2011.

Previous: (2007) The USS Cole Bombing in Yemen: What We Know Today

Related: Defense argues US was not at war in 2000, thus the Military Commission does not have jurisdiction.

The western media black-out continues:

Clearly for FOX News, news worthiness depends on who is doing the killing; one person killed by al Qaeda vastly outweighs the hundred killed by the Yemeni government in the last week. For a day, CNN ran the headline: Yemeni women burn veils, wow, interesting, at least they mentioned “Yemen,” as the state was simultaneously pounding residences in Taiz with artillery and shelling villages in Arhab with missiles.

And neither one can find for five seconds for this from today, (if its not working try this direct link.)

Fox News: Car Bomb Kills Anti-Terror Chief in South Yemen.

VS.

- Airstrikes on Arhab leave 120 civilians killed, 340 wounded

- Nationwide slaughter since UN SC council resolution 2014

- One million demand regime change

- Yemen Post: Several Million of Yemeni gathered nationwide in the streets of Yemen yesterday, demanding the fall of the regime and Ali Abdullah Saleh’s trial as they say the president is continuing to murder his people.

Protesters had spell out “butcher” across their chest in red ink in denunciation of president Saleh’s many crimes. “He’s using snipers to gun down women and children, Sana’a and Taiz are under shelling attacks everyday…Saleh is killing Yemeni and the World stands silent…We will not,” said Mohamed Hassan Said a defected officer.

In Sana’a, the capital, a funeral march was organized to bury the bodies of the victims of the revolution amongst whom was 4 year-old little Waffa. While carrying the coffins the crowd was chorusing anti-regime slogan, asking the international community to bear witness of the crimes committed against peaceful Yemeni people. (Read on …)

AQAP issues message confirming death of Anwar al-Awlaki: Site Intel

Safe copy at Jihadology has link to original post: al-Malāḥim Media presents new statement from al-Qā’idah in the Arabian Peninsula: “Blood of the Martyr, Light and Fire: Statement on the Martyrdom of Shaykh Anwar al-’Awlaqī and his Colleagues”

No mention of al Assiri per @Inteltweet but Sami confirmed dead as well.

“The blood of the sheik (al-Awlaki) and his brothers will not go in vain; there are heroes behind him who do not sleep under oppression, and they will retaliate soon,” the group said. “We and the Americans are at war: we get them and they get us, and the end is for those who are patient – they are the ones who will be victorious.” FOX

The full statement at Flashpoint here has a little different translation; also includes AQAP’s trashing the Yemeni opposition parties.

Yahya Saleh while saying an entirely different thing in Arabic tells Reuters the ruling family is entirely committed to peace: AlertNet:

* Says cash for training and equipment cut, intelligence aid same,

* Says civil war unlikely despite “revolution of children and thieves”

* Calls potential U.N. resolution on transfer plan foreign interference

By Erika Solomon

SANAA, Oct 5 (Reuters) – The United States and other Western donors have cut counter-terrorism aid to Yemen’s army during eight months of mass protests against President Ali Abdullah Saleh, his nephew and leader of a key paramilitary unit said on Wednesday, in effect supporting anti-Saleh groups. (Read on …)

Mil to mil cooperation going forward is fine, necessary and productive as long as it does not include Saleh’s son Ahmed (Republican Guard) , or three nephews Yahya (Central Security), Tariq (Presidential Guards) and Ammar (National Security) or his half brother Mohammed Saleh Ammar (head of the Air Force). Everything after that is smooth sailing.

NYT

A senior American official made it clear on Saturday that Mr. Saleh’s immediate departure remained a goal of American policy, and that Yemen’s government was under no “significant illusion” that the United States had changed its position.

“Sustaining military to military cooperation is in our best interest,” the official added, speaking on condition of anonymity. “We don’t want to undermine that cooperation.”

A Yemeni government spokesman, however, said Mr. Saleh deserved credit for helping the Americans.

“After this big victory in catching Awlaki, the White House calls on the president to leave power immediately?” Deputy Information Minister Abdu al-Janadi said to Reuters. “The Americans don’t even respect those who cooperate with them.”

The spokesman for Yemen’s opposition coalition, Mohammed Qahtan, rejected the idea that Mr. Awlaki’s killing cast the government in a favorable light. Instead, it shows “the regime’s failure and weakness to perform its duty to arrest and try Awlaki in accordance with the Constitution,” Mr. Qahtan said. “And it’s that that forced America to go after him using their own means.”