Thursday, November 15, 2018

Friday, August 03, 2018

Yanqui, Go Home

The US occupies Guantanamo without a legal basis.
The lease contract for Southern Guantanamo Bay, negotiated in 1903, after the Spanish American War, is no longer valid, if it ever was valid. When President Teddy Roosevelt signed the lease, the US and Cuba were military allies and the President was a decorated veteran of the war for Cuban Independence.

The first paragraph of the lease, labelled "AGREEMENT"[1] repeats the obligation of the United States, imposed by the Treaty of Paris, to protect the government of Cuba, and to protect the independence of Cuba from foreign domination. The United States has refused to protect Cuba, its independence, and continues to try to dominate Cuba. This is a material breach of contract, and allows Cuba to repudiate the lease, which Cuba does each year by not cashing the check that the US sends to Cuba. The fact that the US sends a check to the communist government in Cuba is a recognition that the communist government in Cuba is the government to which the obligations of the lease are due, including the obligation to protect.

For more, see this.

Tuesday, March 06, 2018

FOIA delays

How can you connect the dots, if they hide all the dots?

Thursday, February 22, 2018

The commander in chief is not in the military

By law: US code § 893
See Ridley v Warner 522 F.2d 882 (9th Cir. 1975)
Section 973(b) provides:

"Except as otherwise provided by law, no officer on the active list of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard may hold a civil office by election or appointment, whether under the United States, a Territory or possession, or a State. The acceptance of such a civil office or the exercise of its functions by such an officer terminates his military appointment."

So election to the presidency, rather than change a civilian into a military man, would do the exact opposite: change a military man into a civilian.
Were the president to be in the active duty military, he could not, under DoD Directive 1344, participate in political campaigns or other activity, or comment on public policy.

Monday, February 12, 2018

Tuesday, February 06, 2018

Monday, January 29, 2018

Gisella Gonzales

Dr. Gisela Gonzalez has spent years researching the vaccine which the Cuban government approved for the use of the general public in 2008. Gonzalez and her team have worked on developing the CimaVax EGF vaccine at the Cuban Center of Molecular Immunology since the early 1990s.

Were we wrong?

Can I get a witness?

El contrato de arrendamiento nuevamente

Saturday, January 27, 2018

Tuesday, January 16, 2018

Blogs: Collections of thoughts

These are other blogs that I have started at one time or another.
I put them here to free up space on my bookmarks bar.

1. 2X+7
A dozen posts in 2014 on The Doctrine of Discovery, on trial defenses, on fracking, on lack of action.

2. TimePlaceManner
A Dicsussion of issues at the White House sidewalk

3. 6.26
An examination of one arrest at the White House

4. The Lakewood Harold
A list of actions at Hancock about drones, with links to other sources.

5. Speaking of Korean
An attempt to learn Korean writing, and what happened at the Tsunami in Japan

6. Cancer

Wednesday, December 06, 2017

Saturday, November 18, 2017

LTE Buffalo News, pub. November 10th

The U.S. has breached Guantanamo agreement The United States leased Guantanamo from Cuba after helping Cuba become independent from Spain. The 1903 lease for Guantanamo restated the understanding, first made in Article VII of the Platt Amendment, that, for its own defense, the government of Cuba will sell or lease to the United States lands necessary for coaling or naval stations. We explicitly undertook the responsibility to protect Cuba, which was a reaffirmation of our duty under the Treaty of Paris. The invasion in 1961 and the ongoing blockade are material breaches of that understanding. We have no legal right to occupy Cuban lands by virtue of a lease that we have unilaterally abrogated.

Buffalo News

Sunday, October 22, 2017

Monday, July 24, 2017

the spiral galaxy

Are spiral galaxies rotating?
The very center probably is, but the arms are shooting out.

Monday, May 22, 2017

El pueblo, unido

Cuba will never be defeated

Sunday, May 21, 2017

Regarding acquiescence,
as applied to the Gunatanamo lease

The US often takes an action that is not in compliance with the lease, and later claims that Cuba acquiesced. And at the same time the US repeats that "promises must be kept", or as often repeats it in latin "pacta sunt servanda", as if to emphasize the long standing acceptance of this principle as starting in the times of Rome. Yet this principle is understood to be true in every agreement, and it is explicitly stated for this lease agreement: the contract can normally be modified only by the mutual agreement of the two parties. Action followed by acquiescence does not meet the standard set in the 1934 treaty of relations, or necessarily for any agreement. A claim of breach of contract can always be raised. Some might say that silence means acceptance, but silence clearly does not mean acceptance where one party has the nuclear bomb and has a history of meddling in the affairs of the other, has an active blockade, and there is an ex-pat community that is constantly urging invasion and recapture of the lands taken by the state via eminent domain.

Tuesday, May 16, 2017

Cuba - reasons that the lease is not now in force

I said "in the trial" when I meant to say "in the lease"


Guantanamo, the Flotilla

Sign up here

Holguin ICAP

Lupe Isabel Fernandez Ramirez(L) and Yamila(R).

Thursday, April 13, 2017

Appendix 10 of the Michael Strauss Book

Instruction to change the payment amount in 1973 and again in 1974
Click the image to see the full size, which is a composite of scans of the two pages.

Friday, February 03, 2017

Wednesday, January 25, 2017


Sunday, August 14, 2016

Saturday, May 21, 2016

The Unknown Knowns

The things we look away from, pretend we don't know, but we know, ignore, don't act on appropriately, because ... we just can't face

Wednesday, May 04, 2016

Co Housing

The Old Urbanism: Jane Jacobs
Location location timing [ here ]
They will come, whether you build it or not.

Wednesday, April 20, 2016

Tuesday, April 19, 2016

Co Housing

1. Arboretum, Madison Wi

DONT: Cars at curb

2. Troy Gardens, Madison Wi


3. Nomad, Boulder, Co

DONT: The look

4. Cambridge, Cambridge, Ma


5. Jamaica Plain, Roxbury, Ma


6. Elderspirit, SW Virginia

DONT: Outside to commons

Monday, November 30, 2015

Michael Moore goes to Havana


October 14th
Rosanne dies, in Tampa.

Tuesday, August 25, 2015

NFTA changes Utica bus route

La Nova Pizzeria has a pizza slice parking area. The Utica bus route normally gets from Ferry to Utica by driving through a neighborhood to pick up passengers. This requires a sharp turn onto New Hampshire from Ferry. Now they saunter down to Richmond and take the big street to get to Utica, leaving passengers waiting at the bus stops.

Sunday, August 16, 2015

Why the US has no right to occupy Guantanamo

The lease has expired
The lease specifies that the coaling and naval station is “for the time required”. With the advent of a nuclear navy, a coaling station is not required. For anything.
Required, for what?
The lease, signed February 23rd 1903, says that the purpose of the lease is “To enable the United States to maintain the independence of Cuba, and to protect the people thereof”. The US has failed to act to maintain the independence of Cuba and to defend the people thereof. This is a material breach of contract.
Anticipatory breach
John Kennedy’s promise to not invade Cuba was, and is, an anticipatory breach, and of the essence, because his promise falls short of the promise made in 1903 to protect the people of Cuba.
Zoning Violation
The construction of a prison, without the mutual agreement of the Cuban government, is a violation of the zoning: “and no other purpose”.
The lease is for Bahia Honda and Guantanamo. The US abandoned Bahia Honda. According to the lease, the US agrees to pay in gold, in exchange for access, “as long as [the United States] shall occupy and use said areas of land...”. “Areas” is plural; more than one.
Non Payment
The lease calls for payment “in gold”. Checks are not legal tender for payment of debts, and they have not been accepted by the Cuban Government in payment. Cash only.
Unconstitutional agreement
The Cuban Constitution prohibited “any treaty to permit any foreign power to obtain control over any portion of [Cuba].” And the United States knew it, at the time. Cuba was leasing to the US land at the Bay that it did not have clear title to at the time. This was "fixed" by Cuba's agreement to acquire the land, so that the US occupation could not be objected to. The problem was not that Cuba did not have title to the land. The problem was that the land was on the island of Cuba. This was a violation of Article I, added to the Cuban Constitution in 1901. Cuba should have negotiated a lease for land off the island, possibly the Isle of Pines.

Tuesday, August 04, 2015

What causes cancer?

A wide varienty of things cause cancer: H.Pylorii, radium, smoking, benzene, chemotherapy even, soot.

This suggests that cells that are under constant attack react by turning into cancer, possibly after a long period, and as a last resort, as a kind of escape mechanism. Our cells evolved from prokaryotes, and then eukaryotes, and these cells adopted many protective mechanism to survive. Perhaps cancer is one of these protective mechanisms.

The cell says to itself "These guys are trying to kill me."

Cruel and Unusual Punishment

The prohibition against cruel and unusual punishment was not intended to carve into stone for the nation the sensibilities or practices of the 1780's. If it is not meant as a clear standard, what is its purpose?

It is a warning directed to those in power against being thought to be cruel or vindictive, and a reminder that when the government is thought to be cruel, it weakens its legitimacy. Monarchs have been thought to be stern and heartless in the past, but this is not the kind of social stability that is consistent with a free and equal society. End Solitary Confinement.

Friday, May 15, 2015

Aids and depression

Glen Triesman, of Johns Hopkins
Pretty great

Saturday, March 14, 2015

Friday, February 27, 2015

The Supreme Court Plaza

Honorable Sri Srinivasan, US Court of Appeals, DC Circuit

I write about a case that recently came before you, Hodge v Talkin, on appeal from the sweeping decision by Judge Beryl A. Howell of the US District Court for D.C. He ruled that Mr Hodge, who was standing alone on the Plaza in front of the Supreme Court holding a sign that said “The US Gov Allows police to illegally murder and brutalize African Americans and Hispanic People”, should not be convicted of a violation of 40 USC §6135.

Friday, February 06, 2015

RE: Revised Energy Vision for New York State

Here is a frame that I was not crazy about-

The notion that smoke comes from the transmission system is silly of course, but what is the thought behind it? Answer: That transmission is wasteful. Transmission, even long distance transmission, is not bad compared to trucking the coal to a local plant, or to get short-term access to backup power. Or, more importantly, to the 60% energy loss in generating electricity by heating water and making steam to drive a turbine.

The video has the power plant as a puffing monster, belching smoke, and it is true that co2 comes out from burning fuel as with all combustion, the other pollutants can be removed if you want to. The soot is cleaned by electrostatic precipitators, but not "too clean". No cleaner than required by the regs, since it costs money to clean out the soot.

The mercury and the radioactive stuff should also be cleaned out, and why not just require that, or say that it is too costly. Why pretend, or plant in the public imagination via cartoons, that nothing can be done to clean up the exhaust?

Monday, December 22, 2014

Sunday, December 21, 2014

More of the same

Jobless recovery is not a recovery if you are unemployed. It is more of the same.

Monday, November 24, 2014

End Solitary Confinement in New York State

1. Text of the proposed law here.
2. Summary of the provisions of that law are here.
.....This is on the website for "Think Outside the Box".

Sunday, November 02, 2014

Are GMOs safe?

Why is it that GMOs are generally regarded as safe (GRAS) but one passenger on an airplane carrying one bag that does not belong to him is generally regarded as dangerous.

Saturday, August 30, 2014

exporting democracy

The United States exports neo-colonialism.
The internet exports democracy, mostly through cell phones.

Sunday, August 17, 2014

Wednesday, July 09, 2014

Not in uniform

The CIA are not lawful combatants. Footnote 44

Friday, June 13, 2014

Dark Day at the Newseum.

Event took place January 2012. The film did not win an award.

Tuesday, May 06, 2014

Wednesday, April 30, 2014

Catonsville Draft Board 1968

View of the front of the K of C building, 1050 Fredrick Rd.
The draft board was on the second floor.

Saturday, April 05, 2014


You can be held up by a robber with a gun who threatens to kill you if you don't comply, or you can be held up by a system that threatens to starve you. Capitalism began with the industrial counter-revolution, an anti-democratic revolution, the replacement of men, where wage slavery replaced regular slavery. This allowed an illusory advance in social justice which did not produce a parallel economic justice, since the industrialists could write the laws and rent the police.

Why the fox should not guard the hen-house

From Enformable

From national administration to administration, corporations have run roughshod and those who are supposed to protect us from the danger and death these industries cause have regularly not done their jobs. Sometimes the situation is more pronounced as during the Reagan administration—a thoroughly obvious time of foxes guarding henhouses.

Rita LaValle, a PR person for Aerojet General Corp. involved in hazardous waste-dumping and water pollution, who became director of the “Superfund” program; John Todhunter, an opponent of restrictions on pesticides with the chemical industry-financed American Council on Science and Health, who became assistant administrator for pesticides and toxic substances at EPA; Kathleen Bennett, who as a lobbyist for the paper industry fought the Clean Air Act, named assistant EPA administrator for air pollution control programs and supervisor of the Clean Air Act; and on and on.

Throughout the many decades since, government control, regulation, has been surrendered, in part and sometimes entirely, to business interests. This includes not only the food and drug industries but the auto industry, the nuclear industry, now the gas industry for the toxic process called hydraulic fracturing or fracking, and on and on.

Saturday, March 08, 2014


To prevent the destruction of the entire world,
we must obliterate China now. R2P.

Friday, March 07, 2014

Gonna be great!

Ram Dass

Be Here Now
Now Deleted
Should 'a been he'e yeste'day, shou'nt ya.

Thursday, March 06, 2014

Testimony at the hearings

for the NYS draft Energy Plan at the UB Center for Tomorrow.
Lots of fluff. You would think that you could say something informative in five pages, and then support it with the rest. That does not seem to be the case. Lots of ambiguous posturing and buzz words, which give no hint as to what the issue is that is being addressed, or what they even think should be done, or what should not be done.

Fracking? Who said anything about fracking?

Tuesday, February 18, 2014

Legal Reform

1. Appoint judges
2. Involve judges in plea barganing
3. Tell juries about nullification
4. Sequester juries
5. Fix prosecutorial immunity
6. Allow DNA evidence post-conviction
7. Reform eye-witness identification. We know it's broken
8. Video all police interrogation

Saturday, February 08, 2014

February 7th, 2014, Sentencing at DeWitt

For the October 2013 demonstration at Hancock Air Force Base.

1. After the verdict, the defendants head off to jail on an 15 day sentence, expected to be in jail from today Friday 2/7/2014 to Friday 2/15/2014, at Jamesville.

2. Judge denies that defendants showed a need to act

3. Judge convicts and issues order of protection
[text] "This has to stop." Hence the orders of protection.
Judge Gideon explains his decision, and the orders of protection, as a delicate balance. Don't interfere with the ability of the Pepsi man to restock the pop-machines in a timely fashion with orange Fanta.

Probably our fault that he missed the point that this is an illegal program of assassination, extra judicial killing, summary execution, a high crime, and properly before the judiciary. It is not only a moral issue, but a legal issue, and not only an international crime, but an unconstitutional usurpation of power, and violation of the 5th amendment. If it is done under "war powers", can the Nobel Peace Prize winner and the others in the unitary executive branch kill anyone, anywhere, that they determine, under the theory that we have been invited into a counter-revolutionary struggle by a local tyrant, to kill his people, or people of a like mind in a neighboring country, and that the term "theater of war" includes a busy restaurant in a peaceful neighborhood, or a cafe?
If so, say so, but stop complaining about all the suicide bombers.

4. Excerpts from sentencing statements James Ricks

Tuesday, January 14, 2014

Bloody Murder

On Terror Tuesdays, president Obama goes down a list and selects persons to be killed. Then someone sends that information out to his assassins.

These persons have not been convicted of a capital crime. The Fifth amendment says that "No Person shall be deprived of life without the due process of law." This amendment means that all persons shall have access to the courts before they are killed.

During the Civil Rights struggle, blacks wore signs saying "I am a man". We have forgotten.

Monday, December 02, 2013

Sunday, November 10, 2013

Is God pleased with Israel?

God promised a land to Abraham, and he delivered on that promise.
Then Absalom raised the taxes, and the northern kingdom revolted, becoming the country of Samaria. Jeremiah warned that God was angry at the jews in Judah and would take take that kingdom away too, which He did.

When the UN gave the southern kingdom back, plus the northern kingdom, plus Eilat, they did not ask God if it was His will.
We see this is not working out well, from a human-rights perspective.

Does God want Israel to return into exile?

Remember Kadish Barnea - where the jews were told to go into the land that was prepared for them. Kadish Barnea is south of Bersheeba, but in any case, was not part of the land of Israel.
Joshua went it and came back and said - Nice place. But the others said - too many giants. Nobody wanted to go. So God changed his mind. Then they changed their mind, and did go, despite being told - hey wait. And got beaten up, and had to retreat to wander for 40 years in the Negev. Now they think they own the Negev. They don't.

Friday, October 11, 2013

The EAST and NORTH boundaries may be off

Unfortunately, this looks like a misconception on my part.
The text says "eastward", not "due east".

But at least it shows that the 1934 Treaty of Relations, which said that the 1934 boundaries were just dandy, was not caused by some unauthorized drifting of the boundaries.

Saturday, October 05, 2013

We will never run out of Hydrogen

For example, Saturn has plenty, as does water. And the sun.
Nor will we ever run out of coal or oil or natural gas.
Or energy - for example: the background microwave radiation.

Friday, September 13, 2013

Paying for War,
under the Articles of Confederation

A tax upon wealth, upon the wealthy.
This provision was eliminated in the Constitution.
Article VIII. All charges of war, and all other expenses that shall be incurred for the common defence or general welfare, and allowed by the united states in congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each state, granted to or surveyed for any Person, as such land and the buildings and improvements thereon shall be estimated, according to such mode as the united states, in congress assembled, shall, from time to time, direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states within the time agreed upon by the united states in congress assembled.

Monday, September 09, 2013

The so-called "Perpetual" Lease of Guantanamo Bay

The 1903 lease documents have no clauses that give a termination date for the lease. The motivation for the lease is mutual protection, and the method is Naval and Coaling Stations.
The motivation has been abandoned, and the means are obsolete.

1. No longer necessary as a coaling station
2. No longer necessary as a Naval Station for the mutual defense of the US and Cuba

The lease may be terminated for the reasons that a contract may be terminated, since a lease is a contract.
1. Material breach
Building a prison is a material breach
2. Anticipatory Breach
Kennedy's promise to not invade Cuba is an anticipatory breach of the US's duty to protect Cuban independence.

Consent of the governed

The larger the police force, the less you need the consent of the majority, and the easier it is to go with minority rule.

Points along the axis of consent are agreement, deference, objection, and opposition. The ship of state floats in a sea of struggle. The point of the ship is to keep the water out. If it doesn't do that, it has no point.

Monday, August 19, 2013

Multiply in your head, the teens

The red area is 200
The blue area is the product of the final digits.
So, for example, 13 * 17 = 200 + 21
The same picture can be drawn for multiplication of certain two 2-digit numbers in the 20's, the 30's, etc, where the basic "red" amount is the product of the upper and the lower multiple of ten. 32*38=30*40+2*8, for example; or 1216
If you can multiple the numbers from 1 through 19 in your head, which is not all that hard, you can then extend this same method to multiplying two numbers in adjacent "tens", where the units add to 10
like 21*39 = 20*40+1*19 = 800 + 19 = 819, and
like 23*37 = 20*40+3*17 = 800 + 51 = 851, and
like 30*30 = 20*40+10*10= 800 +100 = 900

Monday, August 12, 2013

March On Washington

August 28, 1963 I HAVE A DREAM

That someday soon we will be allowed to do this again.
36 CFR 7.96(g)(3)(ii)(B)
The Lincoln Memorial, ... and the single series of marble stairs immediately adjacent to and below that level.
Oops. Turns out we can. My bad.

The role of ideas

John Conyors reacts to Keith Hayden's lies

Thursday, July 11, 2013

Michael Hastings crash site

View Larger Map Engine found ~200 ft short of the crash site. Did it come off prior to the crash?
No, the engine was found at Highland and Clinton, 190 ft past.
Someone could estimate the speed needed for this.
LoudLabs video here

Tuesday, June 25, 2013

White collar crime
at the Bradley Manning trial

The prosecution wants to introduce the pay rates of various military grades. Why? They want to say Bradley stole something, and the something was worth over $1000 dollars, and hey buddy that's felony territory. You are in big trouble now. Using the labor theory of value, they want to say that data cost x hours at y dollars per hour to create, and x times y is $102,000. Guilty.

Yes, there is a difference between stealing a baseball and stealing a baseball signed by the New York Yankees; namely the replacement cost is higher. But Bradley did not steal the data in that sense; it is closer to copyright violation type of stealing. And the value of a pirated copy of Michael Jackson's Black or White CD does not depend on the pay rates of the studio musicians.

Ellsberg at least stole copy paper.

Wednesday, June 05, 2013

Sunday, May 19, 2013

Clear and present danger

The phrase can be paraphrased as
If the speech creates the possibility that it might result in effective opposition to government policy, in this case of the draft law, then that speech is not protected by the Constitution.
This understanding of the First Amendment, by Oliver Wendell Holmes, seems not so good, especially comparing it to Justice L. Hand's ruling earlier in the "Masses" (the name of the publication) case.

Friday, March 29, 2013

Complete jurisdiction and control

"The United States shall exercise complete jurisdiction and control" over Guantanamo
Does this mean that the US can do anything it wants? Ignore the Bill of Rights? Violate international law? Violate the lease whose terms it stands on? I don't think so.

Plus, there are crimes with universal jurisdiction.

Thursday, March 28, 2013


The US claims to occupy the Naval Base subject to a valid lease. That's a big one, for surely even the Americans can see that a lease grants the use of a property only for certain things, all of which must be legal, and the landlord can evict you if you violate the terms.

Are the relations between Cuba and the US the same as set out in Treaty of Relations of 1903? Is the US is still best friends with Cuba, or if it's not, was Cuba wrong for getting rid of Batista and the mob?

Is America right to say that the Bill of Rights contains inalienable rights, given by God, to Americans and to no one else?

Are people right to think that knowing the truth will lead to justice?

Monday, March 18, 2013

From Day 1

On December 12, 1903, control of Guantanamo Bay was handed over to the United States, on the Kearsarge. At noon, the Cuban flag was lowered. So much for the recognition of ultimate Cuban sovereignty.

Saturday, March 09, 2013

Guantanamo lease

Would the Government of Cuba be willing to consider leasing Guantanamo Bay to the US for a Naval Station? This may seem like a foolish question, but since the current lease is invalid, and the US cannot be ejected by force, a possible solution might be to negotiate a valid lease, to at least put the occupation on a marginally agreeable and legal foundation.

The advantages seem to be many, but most especially, if this territorial dispute can be settled in this way (and may I suggest that the UN be the bargaining representative for the nation of Cuba), possibly the Palestine question could be resolved using a similar mechanism. This would indeed be a wonderful contribution to world peace in which Cuba could lead the way.

Monday, March 04, 2013

Guantanamo Bay Naval Station




camp 6

One got away

Via No More Guantanamos, Nancy Talanian, Dir
One of the Uyghurs, who was released to Palau, left for Turkey to be with his wife. Who knew.

Sunday, March 03, 2013

Unlawful Combatants, that is, pirate

If a soldier kills a civilian, or two, it is lawful combat.
If a civilian kills a soldier, it is unlawful combat.
This is called asymmetric warfare.
Bush said he would not distinguish between Al Qaida and those who harbored Al Qaida. The Taliban, who governed Afghanistan, harbored al Qaida. So we declared war on Afghanistan. (Didn't we?)
Taliban prisoners are prisoners of war. If we make no distinction, Al Qaida prisoners are prisoners of war as well.
During the revolutionary war, most of the naval forces were privateers. This afforded POW status if captured.
Were the Blackwater contractors lawful or unlawful enemy combatants from the point of view of the people of Falluja?

Take No Prisoners attitude

In ten years of war, how can it be that we have taken no prisoners? Is not each person taken by the military a prisoner of war, or assumed to be a prisoner of war unless he loses that status through some process in accord with our system of laws? Or is the military above the law and outside the law?

Is the Guantanamo Naval Base abandoned

The lease limits the US to military use of the Bay. Since there are no coal fueled ships remaining in the US Navy, the US has ceased to used the Bay as a coaling station. There are no carriers home ported to Guantanamo Bay. USS Gambier Bay (CVE-73) was associated with Guantanamo Bay. It was a Casablanca class escort carrier, sunk in the Battle of Leyte Gulf.

What is a Navy?

A navy is not simply a collection of ships or fighting vessels. It is a process of activities ranging from securing those vessels, raising crews, provisions, arms, munitions, finding ways to resupply those vessels, finding ways to pay all those people, commissioning officers, establishing rules, codes of conduct, and deciding on a naval strategy.
Glenn Grasson, on Cspan3 @2:30, quoting Christopher Magra in The Fisherman's Cause

Saturday, March 02, 2013

I will take anyone anywhere anytime

MP Colonel Michael Bumgarner, of his pride in Guantanamo.
Look inside, searching for "anyone anywhere", and scroll down.

Where shall we put all the POWs

Not Hawaii, Guam, Diego Garcia?
Not Pul-e-Charkhi Prison? The Russians had prisons you know.
After the First Gulf War, where POWs were a problem,
no POW Camp was "ready" for the second Gulf War
according to Inside Gitmo, p16. $0.01+shipping, Amazon.
Did they check the 1903 lease agreement to see if building a POW camp was allowed in Cuba?
No. No, they didn't.

Naval and Coaling Station

Naval Station: A harbor that is home to a fleet.
Coaling Station: A harbor where ships can take on coal for fuel.
No other enterprises are allowed under the lease.

Friday, March 01, 2013

Naval Station, only

and no other.
A POW camp is not a Naval Station, and constructing a POW camp at Guantanamo is not necessary to fit Guantanamo Bay for use as a naval station. It may be that not all prisoners in a POW camp are classified as prisoners of war, however it is clear that the camp is a POW camp; these people are being detained without charge until the war is over, to keep them from the war.
Guantanamo was picked for the POW camp by the Department of Justice, not the Department of the Navy.
Guantanamo already had a brig.

Tuesday, February 26, 2013

50 Year Criminal Spree

The 50 year blockade of Cuba violates international law, says everyone except Palau, Israel, and the United states.
Every tort has a remedy.

Sunday, February 24, 2013

1902: George Frisbie Hoar

Hear, hear.
They will welcome us with flowers.

Saturday, February 23, 2013

And for no other purpose

The February 1903 lease agreement for Guantanamo states that the United States is allowed "generally to do any and all things necessary to fit the premises for use as coaling or naval stations only, and for no other purpose."

The prison was built at Guantanamo, not because of the excellent harbor, but because it was thought to be a legal black hole, out of reach of the courts, because of the Supreme Court rulings in the Insular Cases, that the Constitution does not "follow the flag". The flag, they say, is sometimes only a sign of imperial domination, of unchecked military power.

Since the siting of the prison was motivated by this rationale, it violates the terms of the lease, which only allows the site generally to be fitted to the purpose of a naval station, only, and not any additional purpose.

The permanent arbitrary detention of people, in violation of the rights of man, the Constitution, and international conventions, is not generally held to be a necessary function of a military installation, despite its frequency.

1903 Article III vs 1934 Article I

1903 Article III: "That the government of Cuba consents that the United States may exercise the right to intervene for the preservation of the Cuban independence, the maintenance of a government adequate for the protection of life, property, and individual liberty, and for discharging the obligations with respect to Cuba imposed by the treaty of Paris on the United States, now to be assumed and undertaken by the government of Cuba."

The US interprets the 1903 Article III to mean that the Cuban government gives consent, in advance, for interventions that otherwise, without consent, would be a violation of Cuban self-government, which self-government was transferred to the Cuban people via the Treaty of Paris and because the Teller Amendment kept the US from outright seizure of Cuba. This placed Cuba under the benevolent eye of the United States.

1934 Article I: "The treaty of Relations which was concluded between the two contracting parties on May 22, 1903, shall cease to be in force, and is abrogated, from the date on which the present Treaty goes into effect."

1934 Article I cancels 1903 Article III, which granted blanket consent to intervention, yet the United States, through boycotts, quarantines, blockades, over-flights, invasion, and black operations, continues to act as though 1903 Article III were in effect, and pushes aside 1934 Article I. That makes these actions unfriendly, and a material and fundamental breach of the Treaty of 1934. They render that Treaty void, because they run counter to international expectations that promises must be kept, and constitute an unexpected substantial change to the underlying conditions, in that the Unites States no longer seeks the maintenance of the government of Cuba, but its destruction.

This abrogation of the Treaty of 1934 on the part of the United States was matched by the equally hostile action of the invitation to the Russians by the Cubans to install nuclear weapons on its soil, something permitted by treaty, but an act that responded to the change in the underlying situation, and created further unexpected changes to the underlying situation.

Therefore, the Treaty of 1934 is voidable. The Treaty has very little of substance in it however. The condition that the US may abandon the base whenever it likes, is a restatement of the original terms of payment, in more precise words. The notion that the agreement may be modified only if both parties agree is just a restatement of common sense. One party may not change the terms of the agreement to suit itself, although the United States has often done this, as it sees fit. The clause deals only with friendly changes to the agreement. The lease my be changed in an unfriendly way, by acts that give the offended party the right to cancel the lease, as a remedy.

Friday, February 22, 2013

Another unanticipated use

As United States Admiral La Rocque’s Center for Defense Information has observed, “It is clearly unnecessary militarily”. Indeed, in the modern world, Guantánamo has little strategic importance, unless we overstate the facilitation of logistics for the 1983 United States invasion of Grenada and the 1989 invasion of Panama, both carried out for the purpose of obtaining regime change by force.
2003 Report of Alfred de Zayas

Thursday, February 21, 2013

Cuba's rights to self defense

With the abrogation in 1934 of the May 1903 Treaty of Relations, Cuba became free to enter into military arrangements with any nation for the purpose of securing its independence. The 1963 blockade of Cuba by the USA was intended to frustrate this purpose, which purpose was the benefit to Cuba to be secured by the 1903 lease, according to Article VII of the Appendix to the Constitution of Cuba, which was incorporated into the lease agreement.

The blockade was a fundamental breach.

Cuba and the USA - friends (forever)

The USA may prevent Cuban vessels from access to the ports in the Bay of Guantanamo, at its sole discretion, without that action being considered unfriendly. Any other action may be considered unfriendly, such as blocking access to the waters.

Tuesday, February 19, 2013

Regarding the basis for the Cuban lease

The USA may use the property at Guantanamo only as a naval station.

The lease agreement states that the purpose of the lease is to help the USA protect itself and to help the USA protect Cuba from a military threat to its independence.

The Bay of Pigs was an action undertaken that was inconsistent with that agreement. The US actions were not directed to protect the new Cuban government, but to overthrow it. This failure to come to the aid of the new Cuban government gives rise to a claim for damages. Years later, Kennedy promised to respect Cuban integrity, a promise that fell far short of the understanding that the USA would help to protect Cuba's independence from foreign military aggression. This is an anticipatory breach.

The US recognized that the Castro regime was the legitimate government of Cuba, since in 1959 the USA sent a check to the Castro regime, purportedly as payment under the lease. Further, the USA claims that the cashing of the check, in 1959, by the Castro regime constitutes the completion of a valid transaction required by the lease.

Sunday, February 17, 2013

The wisdom of the May 1903 Treaty of Relations

The May Treaty, article I, states

"I. That the government of Cuba shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba nor in any manner authorize or permit any foreign power or powers to obtain by colonization or for military or naval purposes or otherwise, lodgement in or control over any portion of said island."

The US correctly realized that foreign entanglements are often problematic, especially for a young nation necessarily weak, and that allowing a foreign power to establish a military base on its soil could easily jeopardize the freedom of the people of Cuba.

Nonetheles, a few months later, the US did exactly that.

The Constitution follows the flag

If the Constitution does not apply in full at Guantanamo, then on what basis do we decide which parts do apply and which parts don't apply. The government wants to argue that all its rights and powers apply,
but an individual's rights and powers are circumscribed.
Very convenient.

The constitution must follow the flag. If the Constitution is not present, of what purpose is the flag? And where the Constitution is present, the human rights of people are present, must be present. US authority can be challenged by a claim of a conflicting authority, but our law must not bend at the pleasure of our servants.

It should not be thought that the rights found in the Bill of Rights are granted to the people by the Constitution; rather they are rights retained by the people; never the government's to give or withhold, of greater scope than the Constitution, not of lesser. These are the rights of all Englishmen, or now, the rights of all people.

Thursday, February 14, 2013

Cuban lease documents at Yale Law School

There are three documents at the Yale Law School, Avalon project, that seem to contain the mutual obligations of the USA and Cuba as regards Guantanamo Bay. These are
The texts of the Lease
1. The February 23, 1903 Lease part 1, rules for Cuba
2. The July 2, 1903 Lease part 2, rules for the US Wikipedia summary

Treaty of International Relations between the two countries
3. The May 29, 1934 Treaty of Relations which modified and replaced the Treaty of Relations signed at Habana, May 22,1903.
Among other things, both versions of the treaty mention the lease.
In 1903, that there will be one. In 1934, that there is one, and it's fine.

Monday, January 21, 2013

The illegal enemy combattants

The assumption since King John, since 1215, is that responsible authorities need a reason, a rationale, for jailing a person. King John, a tyrant, signed off on this idea, much to the chagrin of the other tyrants, who stopped taking his phone calls.

What is the legal status of the prisoners in Guantanamo; what is our rationale for holding them?

The original term, illegal enemy combatant, expressed the claim that the US is at war with an enemy, that the prisoners belonged to that enemy, and that the prisoners used methods that violate the laws of war.

It is said that all things are fair in love and war. In war, the USA has proclaimed that some things are not fair: chemical, biological, and nuclear weapons. Any other methods are ok; that is, are methods that we ourselves would use, including blending-in by disguising ourselves as a polio eradication team, and thereby setting back the cause of polio eradication in Waziristan.

The notion that we are now engaged in World War III is never expressly said, and if the government does not dare to say it, it can hardly need to be denied.

Governments jail people in peace time and in war. Peacetime prisoners have been tried in court, and go home after a while. Prisoners of war go home, often when the war is over, except some of the higher-ups get tried for war crimes, for violating the laws of war. Holding others is neo-kidnapping, not generally accepted even if you paid money.

Our founding fathers, in the Bill of Rights, listed God-given rights of Englishmen; rights not given by the government. Recently we realized that those rights apply to all people, not just the men of England. You know the rights: the right to a fair trial, to be faced with your accuser, to reasonable bail, to be free from enhanced interrogation. And the Declaration of Independence listed among the abuses of another tyrant, King George, that he “transported us beyond the seas to be tried for pretended offenses”. This is a close description of the rendition of people to Guantanamo. And makes our George a tyrant.

Wishful thinking, delusion really, has put us in this legal nightmare. The way out is to shake it off.

Sunday, January 20, 2013

A Metro System for Palestine

The so-called "settlers" drive through Palestine on expressways. The Palestinians do not have expressways; they have only local roads, and need to stop frequently at checkpoints, and have permits. The checkpoints make travel within Palestine difficult, and in the case of medical emergencies, the delays can be life threatening.

This injustice could be fixed; fixed by money.

Naftali Bennett proposes linking the areas, that are now separated by checkpoints, by creating a metro system for Palestine. This should connect Gaza to the West Bank as well. This plan is independent of the further theft of land from Palestine, which is also part of Bennett's plan. YouTube

A community organizer in Gaza has also explored the idea of a subway for Palestine, and has received positive responses from those who have seen it. Reaction on YouTube
Artist's prtfolio of stops here.
System map -