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Craig Murray / Whistle Blower / Ex-British Ambassador for UK's Foreign and Commonwealth Office (FCO) - (Assange / Salmond / Russians and World Corruption)


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People Need to Reclaim the Internet 


No matter how much you dislike Trump, only a fool can fail to see the implications for public access to information of the massive suppression on the internet of the Hunter Biden leaks.

 

This blog has been suffering a ratcheting of social media suppression for years, which reached its apogee in my coverage of the Julian Assange trial. As I reported on 24 September:

Even my blog has never been so systematically subject to shadowbanning from Twitter and Facebook as now. Normally about 50% of my blog readers arrive from Twitter and 40% from Facebook. During the trial it has been 3% from Twitter and 9% from Facebook. That is a fall from 90% to 12%. In the February hearings Facebook and Twitter were between them sending me over 200,000 readers a day. Now they are between them sending me 3,000 readers a day. To be plain that is very much less than my normal daily traffic from them just in ordinary times. It is the insidious nature of this censorship that is especially sinister – people believe they have successfully shared my articles on Twitter and Facebook, while those corporations hide from them that in fact it went into nobody’s timeline. My own family have not been getting their notifications of my posts on either platform.

It was not just me: everyone reporting the Assange trial on social media suffered the same effect. Wikileaks, which has 5.6 million Twitter followers, were obtaining about the same number of Twitter “impressions” of their tweets (ie number who saw them) as I was. I spoke with several of the major US independent news sites and they all reported the same.

 

I have written before about the great danger to internet freedom from the fact that a few massively dominant social media corporations – Facebook, Twitter, Instagram – have become in effect the “gatekeepers” to internet traffic. In the Assange hearing and Hunter Biden cases we see perhaps the first overt use of that coordinated power to control public information worldwide.

 

The way the power of the “gatekeepers” is used normally is insidious. It is quite deliberately disguised. “Shadow banning” is a term for a technique which has many variations. The net result is always that the post is not ostensibly banned. Some people see it, so that if the subject of the suppression claims to be banned they look stupid. But it is in fact shown to far, far less people than it would normally be. So even members of my own immediate family find that my posts no longer turn up in their timeline on either Facebook or Twitter. But a few followers, presumably at random, do see them. Generally, though not always, those followers are apparently able to retweet or share, but what they are not told is that their retweet or share is in fact put in to very, very few people’s timelines. The overall audience for the Tweet or Facebook post is cut to as little as 1% of what it might be without suppression. As 90% of the traffic to this blog comes in clicks from these social media posts, the effect is massive.

 

That was the technique used on the Assange hearing. In normal times, the ratchet on traffic can be screwed down or released a little, from week to week or post to post.

 

In the Hunter Biden case, social media went still further and without disguise simply banned all mention of the Hunter Biden leaks.

As I reported on September 27 last year:

What I find deeply reprehensible in all the BBC coverage is their failure to report the facts of the case, and their utter lack of curiosity about why Joe Biden’s son Hunter was paid $60,000 a month by Burisma, Ukraine’s largest natural gas producer, as an entirely absent non-executive director, when he had no relevant experience in Ukraine or gas, and very little business experience, having just been dishonorably discharged from the Navy Reserve for use of crack cocaine? Is that question not just a little bit interesting? That may be the thin end of it – in 2014-15 Hunter Biden received US $850,000 from the intermediary company channeling the payments. In reporting on Trump being potentially impeached for asking about it, might you not expect some analysis – or at least mention – of what he was asking about?

That Hunter Biden received so much money from a company he never once visited or did any legitimate work for, located in a country which remarkably at the same time launched into a US sponsored civil war while his father was Vice President, is a question which might reasonably interest people. This is not “fake news”. There is no doubt whatsoever of the facts. There
is also no doubt that, as Vice President of the USA, Joe Biden secured the firing of the Ukrainian prosecutor who was investigating Burisma for corruption.

 

The story now is that Hunter Biden abandoned a laptop in a repair shop, and the hard drive contained emails between Hunter and Burisma in which he was asked for, and promised, various assistance to the company from the Vice President. This hard drive was passed to the New York Post. What the emails do not include is any incriminating correspondence between Hunter and his father in which Joe Biden agrees to any of this – which speaks to their authenticity, as that would be the key thing to forge. Given that the hard drive also contains intimate photos and video, there does not seem to be any real doubt about its authenticity.

 

However both Facebook and Twitter slapped an immediate and total ban on all mention of the Hunter Biden emails, claiming doubts as to its authenticity and an astonishing claim that they never link to leaked material or information about leaked material.

Screenshot-1323.png

Alert readers will note that this policy was not applied to Donald Trump’s tax returns. These were extremely widely publicised throughout social and mainstream media – and quite right too – despite being illegally leaked. Twitter may be attempting to draw a distinction between a “hack” and a “leak”. This is difficult to do – the Clinton and Podesta emails, for example, were leaked but are frequently claimed to have been hacked.

 

I am astonished by the online comment of people who consider themselves “liberals” who support the social media suppression of the Hunter Biden story, because they want Trump to be defeated. The truth is that those in control of social media censorship are overwhelmingly Atlanticist figures on the Clinton/Blair political spectrum. That embraces the roles of Nick Clegg and Ben Nimmo at Facebook. It explains the protective attitude of Blairite Wikipedia boss Jimmy Wales (also a director of Guardian Media Group) toward the Philip Cross operation.
 

Censorship from the self-satisfied centre of the political establishment is still more dangerous, because more stable, than censorship from the left or right. It seeks rigorously to enforce the “Overton window” on social media. It has a “whatever it takes” attitude to getting Joe Biden into the White House and removing a maverick element from the political stability it so prizes. Its hatred of public knowledge is behind the persecution of Assange.
 

The Establishment’s problem is that inequalities of wealth are now so extreme in Western society, that the attempted removal of access by the public to radical thinking is not protecting a stable society, but is protecting a society tilting towards structural instability, in which the lack of job security and decent conditions and pay for large swathes of the population contrasts vividly with the spectacularly flourishing fortunes of the ultra billionaires. Our society desperately needs thinking outside the box into which the social media gatekeepers are attempting to confine us.
 

An early part of that thinking out of the box needs to relate to internet architecture and finding a way that the social media gatekeepers can be bypassed – not by a few activists, but by the bulk of the population. We used to say the internet will always find a work-around, and there are optimists who believe that the kind of censorship we saw over Hunter Biden will lead to a flight to alternative platforms, but I don’t see that happening on the scale required. Regulation to prevent censorship is improbable – governments are much more interested in regulation to impose more censorship.
 

The development of social media gatekeeping of internet traffic is one of the key socio-political issues of our time. We need the original founders of the internet to get together with figures like Richard Stallman and – vitally – Julian Assange – to find a way we break free from this. Ten years ago I would not have thought it a danger that the internet would become a method of political control, not of political freedom. I now worry it is too late to avert the danger.

 
 
Forgive me for pointing out that my ability to provide this coverage is entirely dependent on your kind voluntary subscriptions which keep this blog going. This post is free for anybody to reproduce or republish, including in translation. You are still very welcome to read without subscribing.

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

 

https://www.craigmurray.org.uk/archives/2020/10/people-need-to-reclaim-the-internet/

 

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Covid-19 and the Political Utility of Fear


The true mortality rate of covid-19 remains a matter of intense dispute, but it is undoubtedly true that a false public impression was given by the very high percentage of deaths among those who were tested positive, at the time when it was impossible to get tested unless you were seriously ill (or a member of society’s “elite”). When only those in danger of dying could get a test, it was of course not at all surprising that such a high percentage of those who tested positive died. It is astonishing how many articles are published with the entirely fake claim that the mortality rate of Covid-19 is 3.4%, based on that simple methodology. That same methodology will today, now testing is much more widely available to those who feel ill, give you results of under 1%. That is still an overestimate as very few indeed of the symptomless, or of those with mild symptoms, are even now being tested.
 

Screenshot-1324.png


The Guardian’s daily graphs of statistics since January 1 illustrate this very nicely. It is of course not in fact the case, as the graphs appear to show, that there are now vastly more cases than there were at the time of peak deaths in the spring. It is simply that testing is much more available. What the graphs do indicate is that, unless mortality rates have very radically declined, cases tested on the same basis they are tested today would have given results last spring of well over 100,000 cases per day. It is also important to note that, even now, a very significant proportion of those with covid-19, especially with mild symptoms, are still not being tested. Quite possibly the majority. So you could very possibly double or treble that figure if you were looking for actual cases rather than tested cases.

 

I do not believe anybody seriously disputes that there are many millions of people in the general population who had covid and survived it, but were never tested or diagnosed. That can include people who were quite badly ill at home but not tested, but also a great many who had mild or no symptoms. It is worth recalling that in a cruise ship outbreak, when all the passengers had to be compulsorily tested, 84% of those who tested positive had no symptoms.

 

What is hotly disputed is precisely how many millions there are who have had the disease but never been tested, which given the absence of widespread antibody testing, and inaccuracies in the available antibody tests, is not likely to be plain for some time, as sample sizes and geographical reach of studies published to date have been limited. There is no shortage of sources and you can take your pick. For what it is worth, my own reading leads me to think that this Lancet and BMJ published study, estimating an overall death rate of 0.66%, is not going to be far off correct when, in a few years time, scientific consensus settles on the true figure. I say that with a certain caution. “Respectable” academic estimates of global deaths from Hong Kong flu in 1968 to 70 range from 1 million to 4 million, and I am not sure there is a consensus.
 

It is impossible to discuss covid-19 in the current state of knowledge without making sweeping assumptions. I am going here to assume that 0.66% mortality rate as broadly correct, which I believe it to be (and if anything pessimistic). I am going to assume that 70% of the population would, without special measures, catch the virus, which is substantially higher than a flu pandemic outbreak, but covid-19 does seem particularly contagious. That would give you about 300,000 total deaths in the United Kingdom, and about a tenth of that in Scotland. That is an awful lot of dead people. It is perfectly plain that, if that is anything near correct, governments cannot be accused of unnecessary panic in their responses to date.

 

Whether they are the best responses is quite another question.

Because the other thing of which there is no doubt is that covid-19 is an extremely selective killer. The risk of death to children is very small indeed. The risk of death to healthy adults in their prime is also very marginal indeed. In the entire United Kingdom, less than 400 people have died who were under the age of 60 and with no underlying medical conditions. And it is highly probable that many of this very small number did in fact have underlying conditions undiagnosed. Those dying of coronavirus, worldwide, have overwhelmingly been geriatric.

As a Stanford led statistical study of both Europe and the USA concluded

People <65 years old have very small risks of COVID-19 death even in the hotbeds of the pandemic and deaths for people <65 years without underlying predisposing conditions are remarkably uncommon. Strategies focusing specifically on protecting high-risk elderly individuals should be considered in managing the pandemic.

The study concludes that for adults of working age the risk of dying of coronavirus is equivalent to the risk of a car accident on a daily commute.
 

I should, on a personal note, make quite plain that I am the wrong side of this. I am over 60, and I have underlying heart and lung conditions, and I am clinically obese, so I am a prime example of the kind of person least likely to survive.
 

The hard truth is this. If the economy were allowed to function entirely normally, if people could go about their daily business, there would be no significant increase in risk of death or of life changing illness to the large majority of the population. If you allowed restaurants, offices and factories to be be open completely as normal, the risk of death really would be almost entirely confined to the elderly and the sick. Which must beg the question, can you not protect those groups without closing all those places?
 

If you were to open up everything as normal, but exclude those aged over 60 who would remain isolated, there would undoubtedly be a widespread outbreak of coronavirus among the adult population, but with few serious health outcomes. The danger lies almost entirely in spread to the elderly and vulnerable. The danger lies in 35 year old Lisa catching the virus. She might pass it on to her children and their friends, with very few serious ill effects. But she may also pass it on to her 70 year old mum, which could be deadly.
 

We are reaching the stage where the cumulative effect of lockdown and partial lockdown measures is going to inflict catastrophic damage on the economy. Companies could survive a certain period of inactivity, but are coming to the end of their resilience, of their financial reserves, and of effective government support. Unemployment and bankruptcies are set to soar, with all the human misery and indeed of deleterious health outcomes that will entail.

 

There is no social institution better designed than schools for passing on a virus. The fact that schools are open is an acknowledgement of the fact that there is no significant danger to children from this virus. Nor is there a significant danger to young adults. University students, the vast, vast majority of them, are not going to be more than mildly ill if they catch coronavirus. There is no more health need for universities to be locked down and teaching virtually, than there would be for schools to do the same. It is a nonsense.
 

The time has come for a change in policy approach that abandons whole population measures, that abandons closing down sectors of the economy, and concentrates on shielding that plainly defined section of the population which is at risk. With this proviso – shielding must be on a voluntary basis. Elderly or vulnerable people who would prefer to live their lives, and accept that there is currently a heightened risk of dying a bit sooner than might otherwise be expected, must be permitted to do so. The elderly in particular should not be forcefully incarcerated if they do not so wish. To isolate an 88 year old and not allow them to see their family, on the grounds their remaining life would be shortened, is not necessarily the best choice for them. It should be their choice.
 

To some extent this selective shielding already happens. I know of a number of adults who have put themselves into voluntary lockdown because they live with a vulnerable person, and such people should be assisted as far as possible to work from home and function in their isolation. But in general, proper protection of the vulnerable without general population lockdowns and restrictions would require some government resource and some upheaval.
 

There could be, for example, a category of care homes created under strict isolation where no visitation is allowed and there are extremely strict firewall measures. Others may have less stringent precautions and allow greater visitation and movement; people should have the choice, and be assisted in moving to the right kind of institution for them. This would involve upheaval and resources, but nothing at all compared to the upheaval being caused and resources lost by unnecessary pan-societal restrictions currently in force. Temporary shielded residential institutions should be created for those younger people whose underlying health conditions put them at particular risk, should they wish to enter them. Special individual arrangements can be put in place. Public resource should not be spared to help.
 

But beyond those precautions to protect those most in danger, our world should return to full on normal. Ordinary healthy working age people should be allowed to make a living again, to interact socially, to visit their families, to gather together, to enjoy the pub or restaurant. They would be doing so in a time of pandemic, and a small proportion of them would get quite ill for a short while, and a larger proportion would get mildly ill . But that is a part of the human condition. The myth that we can escape disease completely and live forever is a nonsense.

Against this are the arguments that “every death is a tragedy” and “one death is too many”. It is of course true that every death is a tragedy. But in fact we accept a risk of death any time we get in a car or cross a road, or indeed buy meat from the butcher. In the USA, there has been an average of 4.5 amusement park ride fatalities a year for the last 20 years; that is an entirely unnecessary social activity with a slightly increased risk of death. Few seriously want amusement parks closed down.

 

I genuinely am convinced that for non-geriatric people, the risk of death from Covid-19 is, as the Stanford study suggested, about the same as the risk of death from traffic accident on a daily commute. The idea that people should not commute to work because “any death is a tragedy” is plainly a nonsense.

 

The problem is that it is a truism of politics that fear works in rendering a population docile, obedient or even grateful to its political leaders. The major restrictions on liberty under the excuse of the “war on terror” proved that, when the statistical risk of death by terrorism has always been extraordinarily small to any individual, far less than the risk of traffic accident. All the passenger security checks that make flying a misery, across the entire world, have never caught a single bomb, anywhere.

 

Populations terrified of covid-19 applaud, in large majority, mass lockdowns of the economy which have little grounding in logic. The way for a politician to be popular is to impose more severe lockdown measures and tell the population they are being saved, even as the economy crumbles. Conversely, to argue against blanket measures is to invite real hostility. The political bonus is in upping the fear levels, not in calming them.

 

This is very plain in Scotland, where Nicola Sturgeon has achieved huge popularity by appearing more competent and caring in managing the covid-19 crisis than Boris Johnson – which may be the lowest bar ever set as a measure of political performance, but it would be churlish not to say she has cleared it with style and by a substantial margin.

 

But when all the political gains are on the side of more blanket lockdowns and ramping up the levels of fear, then the chances of measures tailored and targeted specifically on the vulnerable being adopted are receding. There is also the danger that politicians will wish to keep this political atmosphere going as long as possible. Fear is easy to spread. If you make people wear face masks and tell them never to go closer than 2 metres to another person or they may die, you can throw half the population immediately into irrational hostility towards their neighbours. Strangers are not seen as people but as parcels of disease.

 

In these circumstances, asking ordinary people to worry about political liberty is not fruitful. But the new five tier measures announced by the Scottish government yesterday were worrying in terms of what they seem to indicate about the permanence of restrictions on the, not really under threat, general population. In introducing the new system, Nicola Sturgeon went all BBC on us and invoked the second world war and the wartime spirit, saying we would eventually get through this. That of course was a six year haul.
 

But what really worried me was the Scottish government’s new five tier system with restrictions nominated not 1 to 5, but 0 to 4. Zero level restrictions includes gatherings being limited to 8 people indoors or 15 people outdoors – which of course would preclude much political activity. When Julian Assange’s father John was visiting us this week I wished to organise a small vigil for Julian in Glasgow, but was unable to do so because of Covid restrictions. Even at zero level under the Scottish government’s new plans, freedom of assembly – an absolutely fundamental right – will still be abolished and much political activity banned. I cannot see any route to normality here; the truth is, of course, that it is very easy to convince most of the population inspired by fear to turn against those interested in political freedom.
 

What is in a number? When I tweeted about this, a few government loyalists argued against me that numbering 0 to 4 means nothing and the levels of restriction might equally have been numbered 1 to 5. To which I say, that numbering the tiers of restriction 1 to 5 would have been the natural choice, whereas numbering them 0 to 4 is a highly unusual choice. It can only have been chosen to indicate that 0 is the “normal” level and that normality is henceforth not “No restrictions” but normal is “no public gathering”. When the threat of Covid 19 is deemed to be sufficiently receding we will drop to level zero. If it was intended that after level 1, restrictions would be simply set aside, there would be no level zero. The signal being sent is that level zero is the “new normal” and normal is not no restrictions. It is both sinister and unnecessary.

UPDATE I just posted this reply to a comment that this argument amounts to a “conspiracy theory”. It is an important point so I insert my reply here:
But I am not positing any conspiracy at all. I suspect that it is very easy for politicians to convince themselves that by increasing fear and enforcing fierce restriction, they really are protecting people. It is very easy indeed to genuinely convince yourself of the righteousness of a course which both ostensibly protects the public and gives you a massive personal popularity boost.

It is argued that only Tories are worried about the effect on the economy in the face of a public health pandemic. That is the opposite of the truth. Remarkably, the global lockdowns have coincided with an astonishing rate of increase in the wealth of the richest persons on the planet. That is an effect we are shortly going to see greatly amplified. As tens of thousands of small and medium businesses will be forced into bankruptcy by lockdown measures and economic downturn, their assets and their markets will be snapped up by the vehicles of the super-wealthy.
 

I am not a covid sceptic. But neither do I approve of fear-mongering. The risk to the large majority of the population is very low indeed, and it is wrong that anybody who states that fact is immediately vilified. The effect of fear on the general population, and the ability of politicians to manipulate that fear to advantage, should not be underestimated as a danger to society. 

 

There has been a substantial increase in human life expectancy over my lifetime and a subsequent distancing from death. That this trend should be permanent, in the face of human over-population, resource exhaustion and climate change, is something we have too readily taken for granted. In the longer term, returning to the familiarity with and acceptance of death that characterised our ancestors, is something to which mankind may need to become re-accustomed.

 

In the short term, if permanent damage to society is not to be done, then the response needs to be less of an attack on the entire socio-economic structure, and more targeted to the protection of the clearly defined groups at real risk. I greatly dislike those occasions when I feel compelled to write truths which I know will be unpopular, particularly where I expect them to arouse unpleasant vilification rather than just disagreement. This is one of those times. But I write this blog in general to say things I believe need to be said. I am very open to disagreement and to discussion, even if robust, if polite. But this is not the blog to which to come for comfort-reading. 


https://www.craigmurray.org.uk/archives/2020/10/covid-19-and-the-political-utility-of-fear/ 

 

 

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The Circle of Amnesiacs

Judith Mackinnon and Barbara Allison both had very convenient and complete failures of memory

Today was a particularly interesting meeting of the Holyrood Inquiry into the mishandling of the Salmond affair, with two senior civil servants, Judith Mackinnon and Barbara Allison, who both had very convenient and complete failures of memory, about key points which just happened to be the very points on which the committee had previously been lied to.
 

To take Barbara Allison first, she had been happily on holiday in Mauritius. I am sure it is of great comfort to the ordinary people of Scotland that, as has been clear from this inquiry, the Scottish Government employs an extraordinary plethora of officials, nearly all of them female, in non-jobs with silly titles at salaries that enable them to spend their vacations at the most expensive and exclusive spots on the planet.
 

Now Ms Allison, Director of Communications, had forgotten that, on the day Alex Salmond won the judicial review case against the Scottish Government, she had immediately texted from Mauritius to Permanent Secretary Leslie Evans, and that Leslie Evans had instantly replied “Battle may be lost but not the war.” She denied it had happened under oath to the committee when she gave evidence on 15 September 2020. She only remembered it when the Crown Office subsequently handed over the text – which police Scotland had taken from her own phone – to the Committee. She then was forced to write to the Committee correcting her evidence, which if the text had never been produced, presumably she would never have done.

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The remarkable thing is, that Leslie Evans’ message had been famous ever since the Alex Salmond trial. It had featured quite literally scores of times in the media after being mentioned in the evidence at Alex Salmond’s preliminary hearing (where it was among the evidence the defence were banned from using at trial) and after being quoted from the steps of the court room by Alex Salmond after his complete acquittal. It is the subject of this column by Iain Macwhirter, for example, and features in the title. Presumably as part of her job Ms Allison must have followed all this, but none of it jogged her memory that she had received the message. Even when Leslie Evans gave evidence to the Inquiry on 8 September that she had sent the message, that did not remind Ms Allison that she had received the message before she explicitly denied, under oath, receiving it to the committee exactly one week later.
 

It is plain from the messages that Evans and Allison are close. Civil servants do not normally add kisses to work related texts. We are asked to believe that on 8 September Evans gave evidence on this text message to Allison, and did not mention it to Allison before her own appearance before the committee the following week. That is ludicrous.
 

But remarkably, the fog of Allison’s memory still has not cleared. Nothing has yet been jogged. The infamous text from Evans is evidently a reply to one from Allison. Evans’ reply begins “Thanks Barbara”. Yet Allison today told the committee, again under oath, that she had no recollection of sending Evans her initial text and no recollection what she had said in it. In fact she testified she had no recollection of the event at all.
 

Let us dig a bit further into that. Imagine you are in Mauritius on holiday. It is a wonderful place.

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You are there on holiday. You are relaxing by the sea in the magnificent scenery and enjoying a drink or a meal. You receive immediate notification of the result of the Salmond civil case judicial review, thousands of miles away. How? It did not make the Mauritian or the international media. Plainly somebody has contacted you to give you the news instantly. Had you organised for that, or had someone thought it so important as to bother you on your holiday?
 

[As a former senior civil servant myself, I can tell you for certain that an event would have to be considered extremely significant, and requiring indispensable involvement of a particular civil servant, for them to be interrupted when away on a holiday. Plainly, this was not casual.]

 

Your tropical idyll has been interrupted. You then immediately initiate an exchange of texts with the Permanent Secretary. You now cannot – just eighteen months later – recall any of this happening at all.
 

I just do not buy it. I do not believe it. I do not accept it. It is my opinion (cf Dugdale vs Campbell libel case) that Barbara Allison gave a very strong impression that she is a liar.
 

The content of Barbara Allison’s text is of course very important, because of Leslie Evans’ wildly improbable explanation to the committee, that when she said “battle may be lost but not the war”, with reference to the judicial review case against Alex Salmond, the “war” to which she referred was not the war against Alex Salmond, but rather a wider struggle that government should have “equality at the heart of what it does”. In this (frankly unbelievable) context, the missing Barbara Allison text message becomes very important indeed.
 

Did Allison text that day from Mauritius “God that bastard Salmond won. We have to nail him”, to which Evans replied “Thanks Barbara, the battle may be lost, but not the war”? Or did Allison text from Mauritius “I am in full support of the effort to incorporate equality and women’s rights at the heart of all we do”, to which Evans replied “Thanks Barbara, the battle may be lost, but not the war.” As I hope you see, it makes a major difference which it is.

 

Unfortunately, of course, Allison has (ahem) forgotten what her text message said. And here is the extraordinary thing – she had deleted that key message before she handed her phone over to the police. Now, she had not deleted her messages with one of the accusers from months earlier. Also she had not deleted the reply from Lesley Evans to her deleted text, nor had she deleted her reply to Lesley Evans’ reply to her missing text.

 

We are left with this:

Text X – deleted
“Thanks Barbara. Battle maybe lost but not the war. Hope you are having lovely and well deserved break. L”
“Thanks Lesley. It is lovely here. My mind and thoughts are with you all there tho. Best wishes B. x ”

 

Now why did text X get deleted and not the other two? Allison told the committee that she routinely deletes texts to unclutter her phone.

Is that not rather strange? We all know how text messages work – your phone shows you the most recent message in a conversation first. So scrolling back, Allison decided to keep the last two but to delete the third one back? Why that one? Why not the whole exchange? It is very hard to think of any logical explanation for that selection – unless the deleted text happened to say something like “God that bastard won. We have to nail him”, which might be incriminating given the subsequent (ahem) organisation of complainants for the criminal case. But as Allison cannot remember writing or deleting that text message, we may never know.

 

Except of course, we should know. Police Scotland took the messages from the phone to give to the Crown Office. Unfortunately the interest of Police Scotland was in conspiring with Peter Murrell to fit up Alex Salmond. Had they not been otherwise fixed on a corrupt intent, Police Scotland would have been able to deploy their resources to recover the obviously missing deleted text, either from the iPhone or from the service provider.

 

Let us leave the unpleasant Ms Allison to stew in her own mendacity, and move on to another unreliable witness with a very poor memory, Judith McKinnon. Now I have to refer here to an earlier witness, civil servant Mr James Hynd, who had evidently been selected to take upon himself the responsibility for having devised a procedure to investigate ex-ministers. He had testified it was entirely his own idea, that he had never discussed it with anybody at all, and that it had first existed in a draft policy he had alone written.
 

Unfortunately this attempt to sanitise the genesis of the “get Salmond” policy quickly collapsed as documents have slowly been squeezed out of the Scottish government showing that a procedure against ex-ministers had been discussed by civil servants and special advisers before Hynd “first” thought of it, including by Judith McKinnon, who had gone on to coach the initial complainants against Alex Salmond. In fact, Mckinnon had produced a “flowchart” of the new procedure including ex-ministers, dated before Hynd’s document which he claimed was the first time the idea had been thought of. Hynd was another one forced to write to the committee to “clarify” his evidence under oath.

Today McKinnon was pressed on why she had included ex-Ministers in her flowchart before Hynd had thought of it, and McKinnon replied that it had been generally discussed and was generally agreed. Pressed by committee members as to who she had generally discussed it with, and whether this included Leslie Evans or the First Minister’s office, McKinnon replied that – she had forgotten who she discussed it with.

 

Now there is a shock.

Scotland employs, on very high salaries, a quite fascinating number of women with very poor memories.

The members of the committee were most excited about another point. They questioned both women on the fact that the new procedure which the court had found unlawful and tainted by apparent bias, under which McKinnon could both coach complainants and be the investigating officer, was still in place. There was, huffed Alex Cole Hamilton, the possibility the same mistake could be made again and the taxpayer again lose a great deal of money.
 

Silly Mr Cole Hamilton. He has not yet understood that the “new procedure” was only ever a single shot, designed to “get” Alex Salmond. There was never any chance it would be used against anybody else. So why bother to amend it now?
 

Finally and perhaps even more interestingly, today a letter has been released which Alex Salmond wrote to James Hamilton, who is conducting the investigation into whether Nicola Sturgeon broke the ministerial code. This entire letter is well worth reading, but this bit is truly stunning. Alex Salmond points out that Hamilton’s remit was written by Sturgeon’s deputy John Swinney, and he suggests it is a “straw man”, deliberately misdirecting Hamilton to areas where Sturgeon probably did not break the ministerial code.

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Salmond instead suggests other areas where Sturgeon did actually break the ministerial code, and asks Hamilton if he is able to investigate them or just carrying out the Swinney defined charade. This is the first direct and public attack by Alex on Nicola since she conspired to have him jailed, and it is extremely significant. I am hopeful it may be the starting point of a change towards a Scottish government that will actually use its popular mandate to act on Independence.
 

UPDATE I have been informed it wasn’t Mauritius, it was the Maldives. Which is, of course, even more spectacularly exclusive and expensive. 
 

https://www.craigmurray.org.uk/archives/2020/10/the-circle-of-amnesiacs/ 
 

 

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Keir Starmer / Jeremy Corbyn / Israeli illegal occupation
Time to Stand Up and Be Counted


Today, nothing is more important than to say that we will not be silent on the dreadful oppression of the Palestinian people; the daily beatings, killings, humiliations, demolitions, expropriations and destruction of groves that are the concomitant of Israeli illegal occupation.

We will never be browbeaten into silence on the slow genocide of the Palestinian people.
 

Nobody with any grasp on the location of their right mind believes Jeremy Corbyn to be an anti-Semite. Nobody with any grasp on their right mind believes the Labour Party is now anything but the substitutes’ bench for the Neoconservative team. Under Keir Starmer, the Labour Party has failed to oppose the granting of legal powers to the security services to kill, torture, entrap, forge and fake with impunity. It has failed to oppose the limitation of prosecution of British soldiers for war crimes. The Labour Party now seeks to erase all trace that it might once have been a party that offered an alternative to the right wing security state.
 

As Director of Public Prosecutions, Keir Starmer pressurised Swedish prosecutors who wished to drop the case against Julian Assange, to persist in order that he might be rendered to the USA. He further persuaded them not to interview Julian here, which is standard practice when he was never charged but only wanted for questioning, and which would have reduced Julian’s ordeal by four years.

Starmer received £50,000 in personal donations from lobbyist Sir Trevor Chinn to fund his leadership bid.
 

It is perfectly plain that Starmer’s aim in suspending Corbyn is to drive the mass membership that Corbyn attracted out of the Labour Party, and make it a reliable arm of the right wing security state. He wants the Labour Party to be financially dependent not on its members, who have annoying principles, but on donors like Chinn.

 

The media and political elite have attained their aim; there is no longer any point in voting in Westminster elections. A right wing government supporting the neo-con status quo and the ever tightening security state is now firmly guaranteed and cannot be influenced by a Westminster election.

 
 
Forgive me for pointing out that my ability to provide this coverage is entirely dependent on your kind voluntary subscriptions which keep this blog going. This post is free for anybody to reproduce or republish, including in translation. You are still very welcome to read without subscribing.

 

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

 

https://www.craigmurray.org.uk/archives/2020/10/time-to-stand-up-and-be-counted/ 

 

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Craig Murray for SNP President and Independence in Two Years


The party hierarchy decided members should not be allowed to vote on routes to Independence that do not depend on the permission of Boris Johnson. To give party members a chance to register their concern, I have decided to go forward as a candidate for President. I do so not in the hope of winning (I won’t beat longstanding party servant Mike Russell), but because the ordinary members need to be able to show that they are not happy with the lack of focus on Independence and the closed nature of the party establishment – which two things are related.

 

Every vote for me is a vote for early Independence and no veto for Boris Johnson. Independence must be obtained within two years. It will not be given, we must take it.

 

The party appears to have no plan that could deliver Independence before 2026 at the earliest. Instead of conference being allowed to debate Plan B, there will be a “discussion” on “Independence in the Future”. It is plain that for many of the party’s very well paid elected officials and functionaries, that future is some far off optional destination, not an immediate arrival.

 

Obviously I shall be writing more on this in the next month. My opening shot is here, as an advert in the National newspaper.

 

My announcement has brought a great deal of twitter vituperation from the pillars of the political class – mainstream media journalists and SNP paid staff and leadership acolytes. Plainly democratic choice is not high on their agenda. Some are absolutely astonished that a candidate not approved by the leadership should have the temerity to stand, and not only that, but actually have the nerve to ask people to vote for them.

 

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Mostly though it is just intellect free vituperation, on quite a wide scale:
 

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That was just the first little period. There are huge amounts more of this stuff, much of it from paid SNP staffers. For those of a morbid mind with plenty of free time, the linkages between SNP staffers and unionist journos on twitter are really quite interesting to trace.

 

I should point out that I have said nothing in the least critical of Mike Russell or Corri Wilson. This is all entirely unprovoked.

 

A party where the Chief Executive is married to the leader and has a secret salary kept from members is not a healthy party. Particularly when he is then seeking to pressurise police into taking action against the last leader. This is not good.

 

I leave you with a last thought. Only rebels from the Establishment have ever won Independence, anywhere. We will never be given Independence, we will have to take it. Who is the most likely to play a useful role in that?

 

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Forgive me for pointing out that my ability to provide this coverage is entirely dependent on your kind voluntary subscriptions which keep this blog going. This post is free for anybody to reproduce or republish, including in translation. You are still very welcome to read without subscribing.

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

 

https://www.craigmurray.org.uk/archives/2020/10/craig-murray-for-snp-president-and-independence-in-two-years/ 


 

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Defence Fund and Contempt Case Update



I have transferred £10,000 from my defence fund to Mark Hirst’s defence fund, which needs money immediately. If anybody who donated objects, your donation can be refunded if you use the contact button top right to send a message.
 

This does not mean that my own defence fund has more money than it needs – quite the opposite, as the Crown seems to be continuing its policy of spinning out the case as long as possible, with multiple procedural hearings, to drain our funds and ability to fight. The Crown has still not produced the new argument on how it proposes to prove “jigsaw identification”, which we strongly deny and have produced considerable evidence to disprove. The Crown was ordered at the last procedural hearing to come up with new substantive argument, and we are yet to see this. The Crown’s only tactic to date has been to argue that all of our witnesses and evidence are inadmissible, even most of my own witness statement, and the Crown refuses to produce any of the documentation requested by my defence.
 

The requested documentation included the messages from Peter Murrell to Sue Ruddick, Chief Operating Officer of the SNP, stating that “it was a good time to be pressurising the police” to take action against Alex Salmond, and another to get the Metropolitan Police to act because “the more fronts he is having to firefight on the better”. Incredibly, even though these messages are now firmly in the public domain, the Crown Office still refuses to release the original documents to my lawyers for use in my defence.
 

Those messages are the tip of the iceberg. It is some months since I saw them, but others include a message from one of the SNP’s most senior officials in which they explain that the police were saying they did not have sufficient evidence to act on some of the complaints. There then follows a line that had me springing up from my chair when first I read it. It was to the effect that if the police would only specify what evidence they need, then they could get it for them.
 

My sworn statement, given to the High Court in August, names that official. I am not permitted to tell you the name before the trial.

There is much more of this that I could tell you. Either the Crown Office will release these documents for my defence, or from the witness box I shall recount them (which is the reason they seek to stop me giving evidence). To prove to you that I really do know this material, here is an extract from my twitter direct messages detailing the famous Murrell one, written two months before it was leaked to Kenny Macaskill and given by him to the press.

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The trial keeps slipping backwards due to Crown procrastination. I am in the peculiar position of facing a potential jail sentence yet being impatient for them to bring it on. Currently scheduled for 20 and 21 January in the High Court, Edinburgh. Please put it in your diary.
 

For those asking how can I stand for President of the SNP while exposing this kind of dirty laundry, the answer is very simple. This is a part of why I am standing. This kind of appalling behaviour by party officials has nothing to do with party members, nothing to do with Independence, and we have to stand up to put a stop to it, before it does still more damage to the party. Hushing it up would eventually explode in the face of the Independence campaign.
 

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Forgive me for pointing out that my ability to provide this coverage is entirely dependent on your kind voluntary subscriptions which keep this blog going. This post is free for anybody to reproduce or republish, including in translation. You are still very welcome to read without subscribing.

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.


https://www.craigmurray.org.uk/archives/2020/11/defence-fund-and-contempt-case-update/ 
 

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American Presidents - Craig Murray guesses Biden (just)



I have hardly blogged on the US Presidential elections for two reasons. Firstly the debate is so polarised that many people are oblivious to rational argument that moves outwith the few favoured memes of each side, and I have more than enough abuse in my life already.

Secondly, it is some years since I spent any substantial length of time in the USA, and it is a country I find that I understand less and less. I prefer to blog about things where I bring not just judgement, but an extra store of knowledge.

 

I am very frequently chided for not posting on a subject; a number of people have approached me asking me to post on Nagorno-Karabakh, and indeed I have been offered money to post here on the subject, an offer I suspect would have turned out to be accompanied by conditions as to what I wrote. I will never accept such offers. I am not a corrupt shill like the highly respectable mainstream media journalists receiving secret UK government cash for propaganda from the Integrity Initiative. But also Nagorno-Karabakh is an ancient and tangled dispute with roots that lie deep in history, with complex modern consequences, and which would require a huge amount of reading before I was ready to take a considered view. It is part of a region of which I do in fact have a very deep knowledge, but on Nagorno-Krabakh not specific enough.
 

I think it is important not to become an all-purpose pundit who fires off unconsidered views on everything that occurs. Such pundits are two a penny in the mainstream media.
 

On the US election I showed my limitations with a tweet yesterday evening predicting Biden would win fairly comfortably, and Trump would concede with good grace. I was wrong. I think Biden will win, but not comfortably and with margins in the key “rust bucket” states close enough for Trump to have every right to question in court aspects of the United States’ rickety voting practices. I still expect to see President Biden at the end of it all.
 

I know that many of my readers will be triumphant at the departure of Trump. I can understand that. From the viewpoint of US domestic policy and particularly attitudes to social division, race and immigration, the end of Trump’s cynical manipulation of atavistic instinct among the electorate will be in itself a good thing. This has not been a healthy period in US politics.
 

But Trump has not been defeated by a Bernie Sanders; he has been defeated by a corrupt political hack backed to the hilt by the large majority of the billionaire owned media, financed out of Wall street and with no intention of pursuing anything other than neo-liberal economic policies. It is also the firm re-establishment of the rule of the security state and the military-industrial complex. Trump’s instinctive isolationism made him an enemy of the security state interest which spent a great deal of time in trying to undermine its President.
 

With Biden we will return to business as usual, and that means war and invasions. Under Trump we have had no new wars started, even if he continued old ones with little control. Without Trump, I have not the tiniest doubt that Syria would have been bombed back to the Stone Age, exactly like Libya, and millions more people would have been killed. Irrespective of the undoubted damage Trump has caused inside the United States across many fronts, Hillary would have killed a lot more people. Just not Americans.
 

I pause to note that the terrorist in Vienna had attempted to go as a jihadist to Syria and fight against Assad. If he had not been prevented from doing that, he would have been financed by the Saudis, fed and clothed by the Turks, armed by the CIA, trained by the SAS and given air support by the Israelis. He might even have got to be a TV star posing in a White Helmet, or employment artfully placing chlorine bottles on beds for pictures by Bellingcat. Unfortunately, having been prevented from joining the western sponsored insurgency, he ended up killing Austrians instead of Syrians and now is a “terrorist”, whereas jihadist killers of Syrians are “heroes”. A strange world. The Manchester Arena bomber was of course physically brought in to the UK by the British military after fighting for “our side” in Libya. You do indeed reap what you sow.
 

I hope that those who consider themselves of the left enjoy their relief when the electoral process finally puts to bed the extraordinary populism of Trumpism, and returns the USA to the smoother control of the regular media and political classes and their billionaire controllers. Because anybody who believes any more than that is happening is a fool. I said that I did not blog about the US elections because of the appalling partisan nature of debate. The truth is the system threw up, again, two truly obnoxious candidates entirely antithetical to the real interests of ordinary people in the USA. Biden will do nothing to tackle the appalling wealth and resource inequality which is the most startling problem the country faces. He will hopefully resolve social tensions in the short term. But the cause of those social tensions is a system of gross exploitation of the middle and working classes which is not sustainable in the long term, and which was the root of the Trump political eruption.
 

Kamala Harris was of course the most right wing possible Vice-Presidential pick. Her advance into power, despite being entirely rejected in the Democratic primaries, is in itself a huge condemnation of the system. I believe I am right in saying that Harris’s Primary campaign was so disastrous she managed to obtain zero delegates at all to the Democratic National Convention. Zero, None. Absolute bottom of the pile. Rejected by Democratic voters as the candidate in toto. Attempting to confirm this zero delegate fact, I just looked up the Wikipedia page on her primary campaign, which turns out to be the most entirely false, hagiographic and manicured Wikipedia page I have ever seen, on any subject, which is saying a lot. Apparently her Presidential Primary bid was in fact a tour de force of brilliant debating and political strategy, recounted in enormous detail, not an abject failure resulting in no delegates. The extraordinarily dishonest Wikipedia page is not perhaps in itself hugely important, but it is emblematic of the sinister manipulation behind the scenes of Kamala Harris’s rise to power.
 

Let us put a note in our collective diaries to look again in two years and see whether the USA has entered a period of renewed social progress, or just reinvigorated its position as a violent threat to the world. I am looking forward to the period when Biden’s mainstream cheerleaders have to find something positive to say rather than just respond “But Trump is evil”. I predict most of the responses below will say nothing much more on analysis than “But Trump is evil.” Knock yourselves out.

https://www.craigmurray.org.uk/archives/2020/11/american-presidents/ 
 
 

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Moving Forward - Scottish Independence


AUOB - (All Under One Banner) - continues its heroic work in trying to weld together the disparate forces of the Yes movement, including the SNP. It is vital that we do pull together as it will take the entire Yes movement to get us over the line to Indy. AUOB is to be congratulated in securing top level SNP support for a virtual Assembly on 14 November, at which SNP Westminster leader Ian Blackford will speak alongside wider movement figures such as Lesley Riddoch, George Kerevan and Robin Mcalpine, plus the more open face of the SNP, Kenny Macaskill. The Assembly on 14 November is an online event, and you can sign up for it here. There have of course been a number of efforts to unite the disparate elements of the Yes movement, but I feel this may turn out to be the most hopeful initiative. Neil Mackay of AUOB in particular is to be commended for his indefatigable behind the scenes work and diplomacy.
 

Less behind the scenes and more front stage, today we must commend another hero of endless perseverance, Martin Keatings, who yesterday won a key procedural ruling enabling his crowd-funded hearing on the legality of an Independence referendum without S30 permission from Westminster finally to go ahead. The case has been subject to massive obstruction not just from Westminster but from the Scottish government itself. No, that is not a mistype. The “respectable” argument the Scottish Government has deployed is that the petitioners are usurping the power of the Parliament in asking for a ruling on the legality of a referendum which the Parliament has not voted to hold. It is for the Scottish government, not the plebs, to ask if it has the power to hold a referendum without Boris Johnson’s permission.

The catch is, of course, that the Scottish government has no intention of asking the question as the status quo gives a perfect excuse to do nothing on Independence while remaining firmly in power on the backs of Independence supporters.
 

My own view is that Keatings and his backers in Forward as One are absolutely right to try to try to move the prospects for a referendum forward, and to clear up the legal ambiguity. But I should add that, even if the court rules that in UK domestic law Westminster permission is still needed for Scotland to hold a referendum on Independence, that has no effect on international law and the Scottish people’s absolute right of self-determination.
 

I suspect if Keatings wins his case, the Tories will immediately move to change the law at Westminster specifically to make referenda on Independence, or on all reserved matters, illegal. But that in itself would precipitate a crisis to which the Scottish Government would be obliged to respond. In short, I continue to see no downside to Keatings’ actions and plenty of upsides. 
 

Finally may I ask any SNP members who have not yet done so to nominate me to stand for party President. You need to go to SNP.org and log in with your membership number. Then go to My Account top right, then elections and then nominations. 
 

It is a two stage process. Those who receive 100 nominations go forward for election. Any party member can nominate but only Conference delegates will be able to vote. To vote you need to contact your branch secretary and say you wish to be a conference delegate (it is an online event). I believe almost all branches have plenty of spare delegate slots available. I understand it is also still possible to join or rejoin online to support me. Many thanks indeed to all those who have done so to date.
 

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Forgive me for pointing out that my ability to provide this coverage is entirely dependent on your kind voluntary subscriptions which keep this blog going. This post is free for anybody to reproduce or republish, including in translation. You are still very welcome to read without subscribing.

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.


https://www.craigmurray.org.uk/archives/2020/11/moving-forward/ 
 

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Trident Must Be Destroyed, Not Given to Westminster 


 

There appears to be a presumption that upon Scottish Independence, the Trident submarine fleet and its incredibly destructive WMD’s must simply be handed over to Westminster by Holyrood. That is wrong in international law; if the weapons remain on the territory of Scotland, a sovereign state, it will be for the Scottish Government to dispose of them as it chooses.

 

The principle is well-established and there is a directly relevant and recent precedent in the nuclear weapons in Ukraine. Following the collapse of the Soviet Union, the highly mobile tactical nuclear weapons were swiftly taken back to Russia but the Trident comparators, the strategic nuclear weapons with their silos and the Tupolev strategic bomber fleet and its weapons, were destroyed, many inside Ukraine itself, following the Budapest Agreement of 1994 between the US, UK, Russia and Ukraine and separate bilateral agreements between Ukraine and France, and Ukraine and China.

 

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This photo is of a Ukrainian technician dismantling a SS-19 missile at a US government funded facility at Dnipropetrovsk, Ukraine. [Russia of course breached the Budapest Agreement when it invaded Crimea, but that does not impact on the legal precedent of Ukraine’s right to dispose of the missiles on its territory].

 

There is no doubt that in international law, independent Scotland will be under no obligation to hand the Trident system over to Westminster. By taking another route, and seeking the dismantling of the Trident system under international auspices while ratifying the Nuclear Non-Proliferation Treaty, the Comprehensive Test Ban Treaty, START and its protocols and the Treaty on the Prohibition of Nuclear Weapons, Scotland will earn great kudos at the United Nations. Making this intent plain at the time of the Declaration of Independence will help secure for Scotland the developing country votes which Scotland will need at the UN General Assembly, recognition by which is the defining test for a country’s Independence.

 

Scotland has a moral obligation to the world to destroy nuclear weapons on its territory. It is also the case that it should be a simple matter to mobilise international aid funding for the cost of decommissioning and dismantling the Trident nuclear fleet and its missiles – a process in which China, Russia, the USA, France and Westminster should be invited to participate. In fact, the decommissioning work would take years and would bring an economic boost to Scotland, providing far more work than the simple maintenance and operation of the nuclear fleet ever has.

 

The United Kingdom is a rogue state. It invaded Iraq in a blatantly illegal war of aggression, killing and maiming hundreds of thousands, displacing millions and setting the economic development of the country back 50 years. It significantly contributed to the similar destruction of Libya. It has brazenly defied the United Nations General Assembly and the International Court of Justice in refusing to decolonise the Chagos Islands. It is passing legislation to grant its soldiers immunity from war crimes charges and its secret service officers and agents immunity for murder and torture. To hand Trident missiles, and the capacity to unleash the destruction of the human race, over to the control of this erratic, declining imperial construct would be grossly irresponsible.
 

An Independent Scotland must not allow WMD to be operational from its territory for one single minute after Independence. We cannot prevent the UK from moving the Trident system out of Scotland before Independence is finalised – in which case we will at least achieve the system being non-operational for about ten years while a new base is constructed, which will itself be a worthwhile achievement.

We in the SNP have to stop pretending to be anti-Trident while expecting to be complicit in a transition plan to let Westminster keep operating Trident. That is an immoral stance and a grossly hypocritical stance.

You don’t negotiate over WMD. You destroy them.
 

https://www.craigmurray.org.uk/archives/2020/11/trident-must-be-destroyed-not-given-to-westminster/ 

 

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Militarism and the Populist Playbook


 

Why militarism is such a surefire winner for populists is an interesting question, to which the answer is probably an unpleasant reflection on human nature. Atavism and racism are the easiest way to political success, despite the demonstrably catastrophic consequences.

 

For an economically dominant power to allocate its resources under the influence of militarism, and then project the resulting capability for extreme violence on less wealthy or organised states, is the time-honoured way for populist politicins to satisfy the atavistic urge they have whipped up, while minimising the catastrophic consequences at home. UK military power is not for “defence” and has never been for “defence” since the formation of the UK. It is for the projection of military power abroad. The destruction of Iraq, Afghanistan, Libya, Syria and Yemen are all, in varying degrees, the result of the application of UK military force on weaker states.

 

 

 

These countries were unable to offer any significant military response; the major cost to the UK of destroying them has been the cost of munitions, supply and pay. Costs in British servicemen injured or maimed has been terrible for the individuals concerned but politicians don’t care; indeed our casualties are unrelentingly put to the service of whipping up more jingoism and militarism. British killed and maimed is of course a tiny number compared to the killed or maimed which Britain has inflicted.

 

There are other costs, of course. Almost all the terrorism in the UK has been blowback terrorism from this destruction abroad. There have also been resultant refugee flows which have disturbed the political equilibrium of all of Europe. But remarkably neo-conservative politicians are able to fashion those consequences into arguments for us to invade and kill still more frequently abroad.
 

Johnson’s announcement of an extra £16 billion of defence spending will be wildly popular with his electoral base, who love a bit of jingoism. It will be wildly popular with his MPs, because nothing lines the pockets of politicians and their close business associates as reliably as “defence” spending – except for Covid spending, but that giant chance to plunder the public purse will run out soon. In a country that could not afford to feed school children, a country that starves asylum seekers and lets kids drown in the channel rather than take them in, £16 billion extra to blow up other countries is no problem.

 

It is four times the amount of new money the government pledged yesterday to tackle the actual existential threat of climate change. To be spent instead on tackling a pretend existential threat. The idea that Russia or China wants to invade the UK is an utter nonsense. Neither has any plans to do so, nor has ever had any plans to do so. The UK has not been at war with either Russia or China for 150 years. We are however doing our best to provoke conflict, with billions more going into avowedly offensive cyber capability targeted on Russia and China. You also do not have to be a devotee of Isaac Azimov to understand that the pouring of billions of pounds of taxpayers’ money into the specific purpose of designing artificial intelligence to kill people is not necessarily a good long term goal. The advantage of these areas of spending for Tories is of course that outcomes are nebulous and thus the scope for super-profits and for corruption is simply enormous.

As I said, militarism is a very successful part of the populist brand. You therefore have this vast waste of money on offensive military capability being hailed by Labour under Sir Keir Starmer, the right wing muppet who leads the UK’s laughingly titled opposition. You also have, not coincidentally, a defence paper published on Tuesday by the SNP which tries to outflank the Tories from the right in extreme Sinophobia and Russophobia and proposes continued operations from Scottish bases post_independence by both US and English armed forces.
 

With the ousting of the left from Labour and the astonishing rightward gallop of the SNP, there is currently no realistic route to oppose militarism available in the UK’s – or Scotland’s – so called democratic electoral system.

 

https://www.craigmurray.org.uk/archives/2020/11/militarism-and-the-populist-playbook/ 

 

 

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The State You May Not Criticise



In the 15 year history of this blog, I have criticised the Human Rights records of states including Bahrain, Belarus, Brazil, Burma, Cameroon, China, Ecuador, Egypt, France, Germany, Hungary, India, Iran, Iraq, Israel, Ivory Coast, Kazakhstan, Kenya, Libya, the Maldives, the Netherlands, Norway, Pakistan, Poland, Russia, Saudi Arabia, South Africa, Sweden, Syria, Tajikistan, Thailand, Togo, Turkey, Uganda, the United Kingdom, the United States, Uzbekistan, Venezuela and Zimbabwe.

 

The only country of which criticism has resulted in substantial legal and political action against me and attempted censorship is Israel. Criticism of Israel also immediately results in heavy suppression of traffic to my site from the corporate gatekeepers of Twitter, Facebook and Google.

 

Now a group of witch-hunting UK MPs has written to Amazon to complain that Alexa has quoted my blog on Israel.

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It is worth looking at precisely what the MPs are complaining of in my case. Let’s look at the exact passage:

“Question: Is Israel guilty of war crimes?
Answer: Here’s something I found on the web: according to www.craigmurray.org.uk, ethnic cleansing on a massive scale and serial human rights abuse, including war crimes, yes, Israel is guilty of these atrocities.”

The website in question includes numerous conspiracy theories.

Now the MP’s of the All Party Group Against Anti-Semitism do not attempt to say what is wrong with this answer. They do not say why it is untrue – in fact, they do not even claim it is untrue. They do not say why it is anti-semitic; presumably, although they do not say as much, they must believe it is anti-semitic for the All Party Parliamentary Group on anti-semitism to be complaining about it. In fact, they ground their objection entirely on an unsubstantiated claim that this website includes conspiracy theories.

 

I maintain that the answer quoted from my website is self-evidently true and highly capable of proof. It states fact which a large majority of the public would recognise as true. Yet I am told by a journalist from the Times who contacted me, that on the basis of this incoherent letter from self-selecting MP’s, Amazon have blocked Alexa from quoting my website. This is only a tiny example of the removal of access to dissenting opinions – dissenting as in not conforming to the wishes of the political Establishment, although not diverging from objective truth. The trend towards this censorship on the internet is massive.

 

I am particularly concerned that one of the signatories of the letter is Lisa Cameron, an SNP MP. The statement that “ethnic cleansing on a massive scale and serial human rights abuse, including war crimes, yes, Israel is guilty of these atrocities” is completely in line with longstanding SNP policy on Palestine. Lisa Cameron’s part in having my website blacklisted for an opinion in line with SNP policy is shameful.
 

But it is not isolated. As I feared, the SNP’s large cohort of MPs at Westminster have become very comfortable there with their life of privilege and large income, and they have been almost entirely captured by Britnat standards and Britnat attitudes. Last week, we had the official party paper on defence policy in which Stewart MacDonald MP and Alyn Smith MP directly jettisoned the party’s long term commitment to unilateral nuclear disarmament in favour of “multilateralism” – a long word for no nuclear disarmament ever.

 

Along exactly the same lines of moving to align with the right wing obsessions of British Nationalism, the SNP’s Stewart Hosie had signed up to the off the wall Russophobic report of Westminster’s Intelligence and Security Committee, a report conditioned by the appalling list of war hawks who were the only ones asked to give evidence.

 

Land Reform has been reduced to the foundation of a Scottish Land Commission which can put public money towards other funds raised by community groups to buy out great landlords in specific tracts at an assessed “market price”. Yes, the market price. So the great success of the much touted land reform is that it has put £5 million of public money straight into the pocket of the Duke of Buccleuch, for some tiny and insignificant portions of his vast estates, marginal and despoiled moorland he was probably glad to be shot of. The Chair of Buccleuch Estates, Benny Higgins, is also economic adviser to Nicola Sturgeon.

 

There is much triumphalism at the new “realism” of the Blairite triangulated SNP and its positioning as a “safe” part of the Establishment. How much of the old radicalism of the SNP remains may, in small part, be measured by how many votes I garner in the election for President at the current conference. I fear it may not be a high number.

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https://www.craigmurray.org.uk/archives/2020/11/the-state-you-may-not-criticise/ 

 

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Sorry, Johnson Will Not Disappear


It is currently popular among those who make money writing media articles about politics, to argue that Boris Johnson will implode next year and be replaced as Tory leader by someone more rational and conventional. I very much doubt this: the most important reason for that doubt being the power of the atavistic English nationalist forces that Johnson has unleashed in British politics. Astonishingly, despite the UK government’s hideously inept performance in the Covid crisis, and the corruption and looting of the public purse on a massive scale for which the pandemic has been used, the Conservatives still lead Labour in the UK opinion polls.
 

Partly that is due to Sir Keir Starmer having no apparent policy other than to ensure that no party member ever criticises Israel. But it is mostly due to the fact that Johnson’s supporters do not care what happens to the country, as long as they can see news footage of black people being deported on charter planes and immigrant children washed up dead rather than rescued. The racist brand is very, very strong in England. Cummings and Johnson’s plan to appropriate it and target the areas of England with lowest levels of educational achievement as their new political base still holds up as a political strategy. Look at the polls.

 

Tory MP’s care about themselves. They will ditch Johnson extremely quickly if he becomes a perceived electoral liability and therefore a threat to their own jobs. But as long as the Tories are ahead in the opinion polls, then Johnson is secure. The idea that there is a norm to which politics revert is a false one. Many of the same pundits who are assuring us now that Johnson will depart, also assured us that his kicking out moderate and pro-EU Conservatives from his party, and removing Remainers from his Cabinet, was a temporary move to be reversed post-election. There is in fact no going back to the norm.
 

Even the dimmest Labour Party members must now realise that Starmer lied when he promised he would carry on with Corbyn’s radical economic policies if elected to the leadership of the Labour Party. The Corbyn phenomenon was interesting. It arose as a reaction to the massively burgeoning wealth inequality in UK society and the great loss of secure employment opportunity with rights and benefits available to the large bulk of the population. That situation continues to worsen. Brexit was in large part a cry of pain resulting from the same causes. But Brexit in itself is going to do nothing to improve the social position or economic prospects of the working class.
 

Whether the novelty of Brexit will in the long term continue to be enough to channel the desire for radical change away from actual programmes of redistribution of wealth and ownership, I doubt. I suspect the Starmer project will falter on public reluctance to yet again embrace a choice of two Tory parties, and Starmer will be ejected as Labour leader before he can become the third Blue Labour PM. In the meantime, I can only urge those in England to vote Green. I can certainly see no reason to vote Labour and validate the Starmer purge.

As a former professional diplomat, I am going to be astonished if there is not a Brexit deal announced very shortly. It is plainly highly achievable given the current state of negotiations. The EU have moved very far in agreeing that an independent UK body, as opposed to the European Court of Justice, can be responsible for policing UK compliance with standards regulation to ensure against undercutting. The “ratchet clause” sticking point, where a mechanism is needed to ensure the UK does not undercut future improved EU regulatory regimes, can be resolved with some fudged wording on the mutual obligation to comply with the highest standards, but which does not quite force the EU to simply copy UK regulation in the improbable event it becomes more demanding than the EU regime. By making the obligation theoretically mutual the “sovereignty” argument about UK subservience to EU regulations and standards is met, which is the ultra Tory Brexiteers biggest fetish. Fisheries is even simpler to solve, with obvious compromises on lengths of agreement periods and quotas within easy grasp.
 

It should not be forgotten that David Frost is not the plain loutish Brexiteer he has so spectacularly enhanced his career by impersonating domestically, but is the smooth and effective professional diplomat he shows when actually interacting with Barnier. It could only be an act of utter lunacy that would lead Johnson to eschew a deal that the Express and Mail will be able to trumpet as a massive victory over Johnny Foreigner. I expect we shall be seeing a union jacked apotheosis of saviour Johnson all over the media by a week from now at the very latest – another reason he will not be leaving office.
 

It is of course, all smoke and mirrors. By expectation management, a deal which is a far harder Brexit than anybody imagined when Theresa May set down her infamous red lines, will be greeted by a relieved business community as better than actually blowing your own brains out. As I have stated ever since the repression of the Catalan referendum, I can live with leaving the EU and live with abandoning its political and security pillars. I continue to view leaving the single market and losing the great advantage of free movement as disastrous. 
 

One thing that has been very little publicised is that, deal or no deal, the UK is going to fudge the worst consequences by simply not on 1 January applying the new rules at the borders. There will not be immigration checks on the 86% of truck drivers entering the UK who are EU citizens, for the first six months. Otherwise the queues by mid January would scarcely be contained by Kent itself. Similarly, the UK side will not be applying the new customs paperwork on 1 January except on a “random sampling” basis. Those who are eagerly anticipating chaos on 1 January will thus probably be disappointed. In fact the deleterious economic effects of Brexit are quite probably going to take some time to show through in a definite way. I do not believe we will see either empty shelves or major price hikes in the first few weeks. 
 

My prediction is this: Boris will agree his thin deal and at the end of January the Brexiteers will be gloating that the predicted disaster did not happen. Effects on economic growth and employment will take some time to be plainly identified, and it will be mortifying how readily the Tories will twist the narrative to blame the EU, and also to obtain English nationalist support for the notion that this gradual pain is worth it in pursuit of a purer country, with less immigration. That may sound crazy to you. But is it not crazy to you that the Tories are still ahead in UK polls after the last year? Mark my words; hope that Boris Johnson will simply vanish is very misplaced. 
 

There is of course the possibility that Johnson is indeed completely bonkers and will not agree any deal at all, in which case 1 January chaos is unavoidable and all bets are off. I should be very surprised indeed. But then I did not think Trump would be mad enough not to concede the US Presidential election. Trying to predict the irrational mind is a pointless undertaking. I don’t think Johnson is that irrational; but I have been wrong before. 
 

https://www.craigmurray.org.uk/archives/2020/12/sorry-johnson-will-not-disappear/ 
 

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The International Criminal Court: Now Simply Indefensible..
(AKA- War crimes NOT being dealt with) 


Support for the rule of international law, and for the institutions which uphold it, is one of the principles of this blog. I have therefore always been extremely keen to defend and support the International Criminal Court, despite widespread criticism that it is simply a tool for use against leaders in the developing world and other opponents of the neo-con world order. I maintained that the standard of justice and investigation in the cases it did consider was generally good, and the need was to widen its ambit.
 

Unfortunately, the decision of the ICC to close down its investigation into War Crimes committed by the British in Iraq is the last straw for me in continuing to harbour any hope that the ICC will ever be anything more than an instrument of victors’ justice. I have read the entire 184 page report which closes down the investigation, and it is truly shocking. It is shocking in the outlining of British war crimes, but what really shocked me is the truly appalling picture that clearly emerges of the attitudes of the International Criminal Court.
 

I am afraid this article is rather heavy going, and requires you to read some rather lengthy sections of the report to show what I mean. Nothing is so damning of the ICC as the words of their own report, so I do not apologise for this approach. I would say that what I found really did shock me and has completely changed my mind about the value of the International Criminal Court as an institution. As I flatter myself I have a reasonably good grasp of such matters, I am proceeding on the assumption that what was startling to me will probably be startling to you, and you will find this worth reading.
 

The launching of the Iraq War was itself the most serious single war crime of this century to date, and the ICC had previously ducked it by arguing that the Statute of Rome which founded the Court did not at the time of the war include illegal war of aggression among its list of war crimes. I argued then and I argue now that this did not remove that crime from its jurisdiction. The crime of illegal war of aggression was already firmly a part of customary international law and the very foundation of Nuremberg, so the ICC did not need specific mention in the Treaty of Rome to be able to prosecute it.
 

The current ICC report on British war crimes in Iraq however simply blandly reiterates the line (para 35):

Finally, although a number of communication senders have also made allegations relating to decision of the UK authorities to launch the armed conflict, the Office takes no position on legality of war given the non-applicability of the crime of aggression at the material time.

It was perhaps always Utopian to imagine that Blair, Straw, Campbell, Scarlett, Dearlove etc would pay for their crimes. But it did seem very probable that the ICC would prosecute at least some of those directly responsible for committing war crimes on the ground. Alas, the ICC has now produced 184 pages of mealy-mouthed sophistry and responsibility-dodging to justify why there will be no further investigation, let alone prosecutions. I have read the full report and frankly it makes me feel sick. But I shall still try to elucidate it for you.
 

This ICC report does give an account of the origin of the Iraq War, and it is astonishing. At para 36 it states the UK/US case for the invasion as historical truth, as though that were the simple and uncontested fact of the matter.

36. After the January 1991 Gulf War, the Security Council adopted a resolution setting out ceasefire terms, including ending production of weapons of mass destruction and permitting inspection teams on the territory of Iraq. In September 2002, the US and UK argued that Iraq was in material breach of the relevant resolutions and was seeking to develop weapons of mass destruction. UN weapons inspectors stated they had not found any “smoking gun” in their search for weapons of mass destruction, but noted that this was “no guarantee that prohibited stocks or activities could not exist at other sites, whether above ground, underground or in mobile units”. The US gathered a coalition of 48 countries, including the UK, for the stated purpose of searching and destroying alleged weapons of mass destruction in Iraq.

That is it. That is the ICC’s entire account of the origin of the Iraq War. The notion that Security Council Resolution 699 of 1991 authorised the 2002 invasion – a position never endorsed by the Security Council – appears to be taken as read despite being the most hotly disputed question in international law of all time. The selectivity of the cherry-picked quote from the weapons inspectors is an audacious bit of sophistry given it is taken from a report in which the weapons inspectors detailed they found no evidence of WMD, that cooperation from the Iraqi authorities was improving, and asked for more time and resources to complete their work. Even more flabbergasting, this ICC report paragraph gives as a supporting footnote the infamous UK government “dodgy dossier” on Iraqi WMD, a totally discredited document, without any indication there is any problem with it.
 

The truth is, that the paragraph in the report by the ICC prosecutor on the origin of the war is precisely as the UK would draft it, and in its unmoderated presentation of extremely contentious positions and its remarkable selectivity as to what facts are presented, it is entirely tendentious. I suspect that not only could it have been drafted by the UK government, it is very likely it was so drafted. I cannot think of anyone else, not even the current US government at time of writing, who would consider that paragraph a fair or reasonable explanation of the origins of the Iraq war.
 

This criticism applies to the entire document. It is written entirely in the preferred language of the invaders. For example, Iraqis resisting the foreign occupation are referred to as “insurgents” throughout the document. We first see this in para 43, in the statement that the British forces in Basra faced “an increasingly violent insurgency”. Oh, those poor innocent British forces, sitting at home in Basra, facing invasion from “insurgents” who had surged in from… from… err, Basra. The idea that the invaders were the respectable power and the locals were “insurgents” may be the language of the British MOD and may be adopted by the Daily Mail, but it should not be the language of the International Criminal Court. Here again, the prosecutor simply accepts the entire British framing of the narrative. Insurgents are referred to throughout.
 

Not only is the entire report written in the British voice, it entirely omits the Iraqi voice. The Prosecutor has written a report on British war crimes against Iraqis. The Prosecutor accepts there is credible evidence that hundreds of such war crimes were committed. Yet nowhere is there one single direct quote from an Iraqi victim. Not one. In the hundreds of references, The Prosecutor has based the entire report on whether to prosecute Brits for crimes against Iraqis, solely on interviews with Brits in official positions.
 

Everything is seen through the British military lens. To give another small illustration of this point, a skirmish at Majar-al-Kabir, following which captives were grossly mistreated, is referred to as “The Battle of Danny Boy”, which it is called by nobody except the British army. The ICC should not be calling a site in Iraq by the name the British army gave their checkpoint there, nor representing a skirmish involving 100 people as a “battle” because the British army does. “The Battle of Danny Boy” is a good illustration of the way that this report is written entirely through the British military gaze using British, not Iraqi, terms.
 

This next fact alone sufficiently illustrates my point, and entirely damns both this report and the International Criminal Court. Of the 776 footnotes, not a single one references a document in Arabic or in translation from Arabic. Not one. The vast majority of references are to official British documents. On the rare occasions when Iraqis are mentioned in the report, it is frequently to impugn their reliability as witnesses. The Iraqi individual most discussed – still briefly – is not a victim but a lawyer engaged in collecting testimonies. The Iraqi voice has gone unheard in this ICC decision. The victims are unconsidered.
 

You will search in vain for the Iraqi voice even where it could easily be found, in the witness statements of Iraqis to the British courts the report so freely quotes. But no, where Iraqi experience is recounted at all it is thoroughly mediated by British judges or other authorities.
 

Yet remarkably the report accepts that British forces were responsible for war crimes on a substantial scale. The report was written by a team, and plainly the team that was setting out the facts on the ground held rather different views from the politically influenced bosses who were writing the conclusions. The report notes:

70. The UK deposited its instrument of ratification to the Rome Statute on 4 October 2001. The ICC therefore may exercise its jurisdiction, from 1 July 2002 onwards, over alleged acts of war crimes, crimes against humanity and genocide committed either on UK territory or by UK nationals on the territory of other States.
71. As set out more fully below, on the basis of the information available, there is a reasonable basis to believe that, at a minimum, the following war crimes have been committed by members of UK armed forces:
wilful killing/murder under article 8(2)(a)(i)) or article 8(2)(c)(i));
torture and inhuman/cruel treatment under article 8(2)(a)(ii) or article 8(2)(c)(i));
outrages upon personal dignity under article 8(2)(b)(xxi) or article 8(2)(c)(ii));
rape and/or other forms of sexual violence under article 8(2)(b)(xxii) or article 8(2)(e)(vi)).

Then again:

113. The information available provides a reasonable basis to believe that in the period from April 2003 through September 2003 members of UK armed forces in Iraq committed the war crime of wilful killing/murder pursuant to article 8(2)(a)(i) or article 8(2)(c)(i)), at a minimum, against seven persons in their custody. The information available provides a reasonable basis to believe that in the period from 20 March 2003 through 28 July 2009 members of UK armed forces committed the war crime of torture and inhuman/cruel treatment (article 8(2)(a)(ii) or article 8(2)(c)(i)); and the war crime of outrages upon personal dignity (article 8(2)(b)(xxi) or article 8(2)(c)(ii)) against at least 54 persons in their custody. The information available further provides a reasonable basis to believe that members of UK armed forces committed the war crime of other forms of sexual violence, at a minimum, against the seven victims as well as the war crime of rape against one of those seven victims while they were detained at Camp Breadbasket in May 2003. Where such detainee abuse occurred, this typically arose in the early stages of the internment process, such as upon capture, initial internment and during ‘tactical questioning’.
114. As noted above, the findings set out above are a sample pool of incidents which, while not reflecting the full scale of the alleged crimes relevant to the situation, were sufficiently well supported to meet the reasonable basis standard and allow the Office to reach a determination on subject-matter jurisdiction.

Later the following aggravating factor is considered:

140. The manner in which these crimes are alleged to have been committed also appears to have been particularly cruel, prolonged and severe. Notably, in five cases of deaths in custody, the victims were allegedly tortured – or at least severely and repeatedly assaulted – by UK personnel who detained them prior to their death. In the killing of Baha Mousa in September 2003, the victim was hooded for almost 24 hours during his 36 hours of custody and suffered at least 93 injuries prior to his death.

It is important to note that this appalling catalogue of crimes, where there was a reasonable prima facie case to proceed, represented only a very small sample of the thousands reported to the International Criminal Court. But even this small sample convinced the prosecutor that there was good enough evidence for the investigation to go forward.
 

So why did it not proceed? The Prosecutor decided to drop the case on the principle of “Complementarity”. This means that the ICC cannot prosecute if the government concerned – the UK government in this case – is itself genuinely investigating or prosecuting. The prosecutor based the decision not to proceed on these provisions of the Statute of Rome:

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But none of the catalogue of crimes for which there is good evidence, examined by the ICC, had resulted in prosecution. In fact the report detailed that not a single prosecution had resulted from the work of the Iraq Historic Allegations Team (IHAT) in the MOD, although they had investigated scores of cases which the IHAT itself – consisting of former military and retired policemen – considered viable. In every single case, the proposal for a prosecution had been knocked back by the Service Prosecuting Authority (SPA).
 

In fact the ICC only references two cases in which there were convictions for war crimes, and in both cases the conviction was purely because somebody immediately admitted the truth and confessed at the initial investigation stage. The maximum sentence given out was just one year in prison. The report’s account of how one of these convictions from confession came to fruition is extremely revealing:

91. Several notable features stand out from the Camp Breadbasket court martial. First, although multiple military personnel knew about the alleged abuses (including the alleged sexual crimes), each failed in their duty to report them. The conduct only came to light when one of the soldiers involved in taking trophy photographs had the photographs developed in a civilian shop and the shop assistant reported the conduct to civilian police, who made an arrest. Second, during his testimony, when asked why he had not reported alleged criminal conduct at Camp Breadbasket, Corporal Kenyon asserted that, “there was no point in passing anything up the chain of command, because it was the chain of command who was, in my eyes, doing a wrongdoing to the Iraqis to start off with, and they were passing Iraqis down to us, for us to do the same things basically”.

The key fact here is that the MOD’s processes and investigations had nothing whatsoever to do with the conviction. It came about because of the chance of a civilian seeing the photo and bringing in the civilian police, who had plain and undeniable photographic evidence of torture and sexual abuse. Otherwise this would have been entirely covered up by the MOD, exactly like all the other thousands of cases bar one other (in which somebody wracked by conscience insisted on confessing). For the ICC to quote the Camp Breadbasket conviction as evidence the UK investigation processes are working is tendentious. It was very obviously a fluke; I cannot think of a better example of an exception that merely proves the rule.
 

The International Criminal Court’s decision that there are no grounds to continue investigation, on the grounds the UK’s own procedures are adequate, becomes truly incredible – in the real meaning of the word, utterly lacking in credibility – when you read this passage of the report. It really is worth reading:

380. The Office has pursued a number of lines of inquiry to independently ascertain the veracity of the BBC/Times allegations with a view ultimately to speak with the primary sources of the allegations and other persons directly involved or with knowledge of facts related to the events. Overwhelmingly, those former IHAT staff the Office spoke to indicated that they had concerns about the outcome of IHAT’s investigations. Most considered that the investigative teams did a thorough job, but when it came time for the investigations to progress to prosecutions, there was something obstructing this. The former IHAT investigators were unable to specify what this obstruction was, given their limited access to decision-making, but insisted that such obstruction came at levels higher up within IHAT or the SPA (Services Prosecuting Authority).
381. Several former IHAT investigators reported their frustration at the outcome of inquiries into systemic issues submitted for internal IHAT/IHAPT review, whether in terms of recommendation for further investigative steps or referrals for prosecution, in view of their concern that cases involving superior responsibility were prematurely terminated or that there was leadership pressure within IHAT/IHAPT not to pursue them.
382. Several former IHAT staff were of the view that IHAT’s independence and impartiality was undermined by its relationship with the army and MoD, including: its physical location on a British Army base; IHAT’s use of MoD resources and systems; and requirements that IHAT staff go through the RNP or MoD personnel for certain functions (such as securing custody and travel).
383. Multiple former IHAT staff described difficulties in accessing evidence in the possession of the RMP or the MoD. They described how some RMP and MoD personnel obstructed access to files, in their view unjustifiably; did not permit IHAT staff to locate documents they had been vetted to inspect; and imposed restrictions on access; or were repeatedly told that they had been given all of the relevant material pertaining to a certain matter, only to later discover that they had not. The former IHAT staff described how some storage boxes had been mislabelled, obscuring the discovery of relevant evidence, and their view that the RMP only gave IHAT a fraction of the relevant material they possessed.
384. The former IHAT staff the Office spoke to also conveyed the difficulties the teams encountered in attempting to interview witnesses and suspects and to conduct other investigative steps. They described multiple occasions on which their requests to interview important witnesses were blocked for either unexplained reasons or for administrative ones, such as ‘expenses not allowing’. They described how witness interviews were hampered by IHAT refusing to reimburse witnesses for travel, travel details being changed at the last minute and in one case a potential witness being arrested before meeting with investigators. Some had the impression that IHAT management were trying to put obstacles in their way. Multiple former IHAT staff relayed their impression that there was no will on the part of IHAT management to allow proper investigations which would result in prosecution.
385. Concern was also expressed over the SPA’s involvement in the termination of cases. Several former IHAT staff that the Office spoke to felt that the SPA, as part of the MoD, was not truly independent or impartial respecting the armed forces. Multiple individuals with extensive civilian criminal investigations experience described how the investigation teams built cases which they considered were evidentially strong and ready to proceed, but the SPA refused to lay charges. With respect to certain alleged killing incidents, the view was conveyed that evidence supporting charges of manslaughter or murder, which would have proceeded in a domestic civilian police inquiry, were discontinued by the SPA.

Read that, and then consider that the conclusion of the International Criminal Court report is that their investigation must be dropped as there is no evidence that the UK is not diligently pursuing prosecutions.
 

The ICC then details a dozen paragraphs of what I would characterise as bland managerial reassurances from the MOD that these concerns are unwarranted, a result of the limited understanding of junior staff, and decisions not to prosecute have always been taken on the advice of external counsel. You are welcome to read that section of the report starting at para 386. The ICC accepts these reassurances and the British Government view as genuine without question, never for example considering that the MOD might have external counsel of notable militarist views and disinterest in human rights. The fact that external counsel is involved in the decisions not to prosecute is taken by the ICC as substantial guarantee that the procedure is genuine.
 

After the IHAT was closed down its workload was transferred to the smaller Service Policy Legacy Investigations Team, which immediately closed down 1213 out of the 1283 cases it inherited. That this indicates that a genuine process is underway is apparent to the ICC, but not to me. The report also notes something remarkable about the IHAT’s approach in that it categorised cases into three tiers, of which only the first tier was actively pursued. The second tier were cases considered less serious so it was not “proportionate” for them to be pursued. But consider what was in the second tier. This is from para 355 of the report:

Tier 2 allegations are those that may meet the investigative threshold of the SPLI but are dependent upon a further review. They are cases of moderate severity and ill-treatment where no life changing injuries or significant psychological harm has been sustained. Examples of Tier 2 cases could include, but are not limited to, GBH type offences that are not of a life changing nature; e.g. broken bones and or fractures. Tier 2 allegations could also include lower level sexual allegations e.g. intimate searches, and other treatment of a serious nature i.e. mock execution, nonfatal shootings and electrocution.

But as the report notes, this almost all meets the definition of torture: GBH inflicting broken bones and “non-fatal shooting”, as well as “lower level” sexual abuse is pretty serious stuff. If somebody shot you in the knee while holding you captive, would you think it “proportionate” for them to be prosecuted? The MOD would not – subject to an unspecified future review.
 

The question of the work of the IHAT being frustrated by senior management is one of those instances where the content of the report is at such variance with its conclusions, it is pretty clear that these were not written by the same people. In fact, the report returns to the concerns of IHAT staff again, plainly giving real weight to something earlier paragraphs had already dismissed:

408. The Office spoke with a number of former staff of IHAT who held different levels and functions. This sample of individuals was to some extent self-selected (being persons who were willing to speak to the Office). Accordingly, there may be limits to the representativeness of their experiences as compared with that of former IHAT staff as a whole. The Office nonetheless notes that the views of these individuals were on the whole balanced, as evidenced through their advancement of both praise and critique for various aspects of IHAT’s work. The Office also accepts that these individuals were not natural ‘whistle-blowers’. As former law enforcement personnel bound by confidentiality undertakings with their former employer and liable for penal sanction for potentially breaching protections on classified information, they may have been naturally reticent to speak with the ICC, which also reduces their likelihood of having made frivolous or malicious allegations. On the whole, the information received by the Office corresponds to the reports made in the BBC Panorama programme and in the Sunday Times.
409. The Office views with concern the fact that professional IHAT investigators – drawn from experienced retired officers of civilian police forces or serving Royal Navy Police personnel – would have made allegations of a cover-up or expressed concerns over the fate of the IHAT investigations that they worked on.

The schizophrenic report attempts to reconcile this by constantly referencing only para 2 (a) of the admissibility criteria, and claiming that neither the lack of prosecutions nor the allegations of IHAT staff give conclusive evidence that criminals are being deliberately shielded from prosecution. The report claims on the basis of previous court decisions that for a case to be admissible, “shielding” by the state must be proven to the standard of criminal proof. I am not sufficiently expert in the court’s previous judgements to know if that is true. But on the face of it, it is an extremely curious view of the admissibility criteria, read as a whole. Even apart from that, the evidence of shielding of soldiers by the MOD appears to be fairly compelling; certainly enough to justify further investigation.
 

The detail of the report gives ample evidence, much of it from UK courts, that cases are not being adequately investigated, that prosecutions are not being properly pursued, and that the military are conspiring – “Closing ranks” as more than one senior judge has put it – to cover up crimes, and getting away with it.

Para 213
The commanding officer referred Baha Mousa’s death for investigation by the RMP’s SIB, which was concluded in early April 2004 and resulted in the court martial of seven soldiers of the QLR. The court convicted Corporal Donald Payne of inhuman treatment but acquitted him of manslaughter and perverting the course of justice. He was sentenced to one year’s imprisonment. Payne appears to have been the first British soldier ever to be convicted in the UK of a war crime. In the case of five other defendants, the Judge Advocate ruled that there was no case to answer due to lack of evidence, while two further accused were cleared by the jury of negligently performing the duty of ensuring that detainees were not ill-treated by men under their command.331 Justice MacKinnon, who presided over the court martial, acknowledged that despite his finding that Baha Mousa’s injuries were the result of numerous assaults over 36 hours “none of those soldiers have been charged with any offence simply because there is no evidence against them as a result of a more or less obvious closing of ranks”.

A similar example:

217. Naheem Abdullah died from a blow or blows to the left side of his head inflicted by one or more soldiers of a section of the 3rd Batallion of the Parachute Regiment while in their custody in Maysan Province on 11 May 2003.346 Naheem Abdullah’s death was investigated by the RMP’s SIB in 2003 and seven soldiers were charged with murder. At a court martial on 3 November 2005, the Judge Advocate found that the evidence did not permit a conclusion to be drawn on the individual responsibility of each defendant. The Judge Advocate criticised the RMP’s SIB investigation as “inadequate” with “serious omissions” by investigators in not searching for records of hospital admissions or registers of burials.
218. During the Ali Zaki Mousa litigation, the UK High Court noted its concern that IHAT had not taken the case forward despite the court martial finding that the death was a result of an assault by the section to which the soldiers belonged.
219. On 27 March 2014, the Secretary of State for Defence announced that an IFI investigation into Naheem Abdullah’s death had been commissioned in order to comply with the High Court’s decision in Ali Zaki Mousa (No. 2) but that “no prosecutions will result”. The IFI made “exhaustive inquiries about the whereabouts of the transcript of the court martial” but concluded it had probably “been destroyed or thrown away”. It further noted that the soldiers had not given oral evidence, been examined or cross-examined and found that the “need for them to give oral evidence” was a “critical aim” of the IFI inquiry.

In what universe is this not an unwillingness or inability of the UK authorities genuinely to prosecute? If this were a stabbing by a group of civilian youths, they would all be banged up under the doctrine of “common purpose”. The difficulties of prosecuting criminals who stick together are by no means the sole preserve of the armed forces, and the days when nobody could be convicted because of the problem of proving which gang member struck the fatal blow are long gone in civilian life.
 

The sole difficulty here is the prosecutors’ and investigators’ unwillingness to use the toolbox regularly used against gangs or organised crime, against self-protecting groups of soldier war criminals. The criminals are indeed being shielded.

Para 228 further shows the MOD’s failure in this regard is systemic:

As IHAT/SPA set out to the Office: 7 defendants were prosecuted during a six month court martial, with the case against all but 2 being dismissed by the judge at the conclusion of the prosecution case. The reasons for this outcome are complex but relate to the quality of the evidence given by the British soldiers who were called as witnesses by the prosecution. While the defence did not dispute that the detainees in this case had been subjected to serious mistreatment, including acts of violence, during their detention at “BG Main”, the detainees themselves were unable to identify which individual soldiers had been responsible for which aspects of their mistreatment or for which assault. This was primarily because the detainees had been hooded for most of the relevant time. Several of the soldiers who were called as witnesses by the prosecution proved reluctant to provide evidence against those with whom they still served, leading to what the Judge Advocate, a senior judge from the civilian system who had been brought in to try this case, described as a “more or less obvious closing of ranks”. The 2 defendants against whom the case was not dismissed at the conclusion of the prosecution case were subsequently acquitted by the Military Board after consideration of all of the evidence.

Finally, one last paragraph to illustrate that the conclusion of the report is completely incompatible with its internal evidence:

250. The Baha Mousa Inquiry report, published on 8 September 2011, made findings on the death of Baha Mousa in British custody in Basra after several days of abuse in September 2003. Five years prior to the report, seven suspects had been subject to the pre-IHAT procedure described above, which resulted in six acquittals at a court martial and one conviction for the war crime of inhuman treatment (following a guilty plea). The report found that British soldiers had subjected detainees to serious, gratuitous violence and that although doctrinal shortcomings may have contributed to the use of a process of unlawful conditioning, it could not “excuse or mitigate the kicking, punching and beating of Baha Mousa which was a direct and proximate cause of his death, or the treatment meted out to his fellow Detainees”.414 The findings did not inspire new prosecutions. On 8 June 2017, during a hearing to review the progress of IHAT investigations, Justice Leggatt noted that it was “difficult to understand why almost six years after a major public inquiry was finished in 2011 there has been no resolution of the question whether to prosecute anybody in relation to Baha Mousa.”

Yet the International Criminal Court claims not to have sufficient evidence that the UK government is not genuinely pursuing prosecutions: and remarkably states that even the passing now of legislation specifically to give an amnesty to soldiers for historic war crimes, does not radically affect its judgement as to the MOD’s practice and intent.
 

This report is a nonsense. It is based on adopting the UK MOD gaze throughout, and accepting that everything stated by UK official sources is true and given in good faith, which is never even questioned. The failure even to entertain the notion that the UK is acting in bad faith renders the report utterly pointless. Never can a report have been written on any subject where the internal evidence was so utterly incompatible with the conclusion. The report is the responsibility of prosecutor Fatou Bensouda. I find her motives as baffling as her conclusions.
 

What is however plain is that I can no longer argue that the ICC is an impartial body. Its protection of the UK not only over the initiation of the Iraq War, but even over the many crimes committed by its working level soldiers, let alone those who commanded them, stands in such stark contrast to the ICC’s treatment of those viewed as the designated enemies of the Western powers, that it has lost all moral authority.
 

I leave you with Ms Bensouda’s conclusions:

502. The Office recalls that, based on its evaluation of the totality of the information available, it cannot conclude that the UK authorities have been unwilling genuinely to carry out relevant investigative inquiries and/or prosecutions (article 17(1)(a)) or that decisions not to prosecute in specific cases resulted from unwillingness genuinely to prosecute (article 17(1)(b)). Specifically, for the purpose of article 17(2), the Office cannot conclude that the relevant investigative inquiries or investigative/prosecutorial decisions were made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; that there has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice; or that the proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.
503. On this basis, having exhausted all avenues available and assessed all information obtained, the Office has determined that the only appropriate decision is to close the preliminary examination and to inform the senders of communications. While this decision might be met with dismay by some stakeholders, while viewed as an endorsement of the UK’s approach by others, the reasons set out in this report should temper both extremes.

Do you feel a little bit sick too?

—————————————————–

Before the usual appeal for funding to continue this blog, I want to make a brief point. There is only one of me. I am aware that output this past month has been very slight. This has partly been due to exhaustion (and perhaps writers’ block) and partly to a whole series of quite major happenings in my personal life, some good, some bad, but all of them stressful. I am very grateful to those of you who subscribe to keep the blog going, but it does not come with a guarantee of any particular volume of output. It is also the case that some articles, like this one, require rather a lot of work. This blog will always have spells of unusually high and unusually low activity. I am doing my best. 

https://www.craigmurray.org.uk/archives/2020/12/the-international-criminal-court-now-simply-indefensible/ 

 

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Guest Gone Fishing...

Julian Assange: Imminent Freedom 


It has been a long and tiring day, with the startlingly unexpected decision to block Julian’s extradition. The judgement is in fact very concerning, in that it accepted all of the prosecution’s case on the right of the US Government to prosecute publishers worldwide of US official secrets under the Espionage Act. The judge also stated specifically that the UK Extradition Act of 2003 deliberately permits extradition for political offences. These points need to be addressed. But for now we are all delighted at the ultimate decision that extradition should be blocked.

The decision was based equally on two points; the appalling conditions in US supermax prisons, and the effect of those conditions on Julian specifically given his history of depression. The media has concentrated on the mental health aspect, and given insufficient attention to the explicit condemnation of the inhumanity of the US prison system.

I was the only person physically present in the public gallery inside the court, having been nominated by John Shiption to represent the family, aside from two court officials. I am quite sure that I again noted magistrate Baraitser have a catch in her throat when discussing the inhumane conditions in US supermax prisons, the lack of human contact, and specifically the fact that inmates are kept in total isolation in a small cage, and are permitted one hour exercise a day in total isolation in another small cage. I noted her show emotion the same way when discussing the al-Masri torture evidence during the trial, and she seemed similarly affected here.

Julian looked well and alert; he showed no emotion at the judgement, but entered into earnest discussion with his lawyers. The US government indicated they will probably appeal the verdict, and a bail hearing has been deferred until Wednesday to decide whether he will be released from Belmarsh pending the appeal – which court sources tell me is likely to be held in April in the High Court. I should be very surprised if Julian is not released on Wednesday pending the appeal. I shall now be staying here for that bail hearing.

I apologise for not giving a full analysis of the judgement yet, it has all been rather hectic, but wonderful. Here is a brief video giving more detail. I can produce a more considered piece tomorrow.

 

https://www.craigmurray.org.uk/archives/2021/01/julian-assange-imminent-freedom 

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The Assange Verdict: What Happens Now


I fully expect that Julian will be released on bail this week, pending a possible US appeal against the blocking of his extradition.

 

There was discussion of when and how to make the bail application on Monday, after magistrate Vanessa Baraitser announced her decision not to grant extradition as it would be oppressive on health and welfare grounds. Lead Defence QC Edward Fitzgerald was prepared to make an immediate application for release on bail, but was strongly steered by Baraitser towards waiting a couple of days until he could have the full bail application ready in good order with all the supporting documentation.

I had the strong impression that Baraitser was minded to grant bail and wanted the decision to be fireproof. I have spoken to two others who were in court who formed the same impression. Indeed, in the past, she has more than once indicated that she will reject a bail application before one has been made. I can think of no reason why she would steer Fitzgerald so strongly to delay the application if there were not a very strong chance she would grant it. She gave him the advice and then adjourned the court for 45 minutes so Fitzgerald and Gareth Peirce could discuss it with Julian, and on return they took her advice. If she were simply going to refuse the bail application, there was no reason for her not to get it over with quickly there and then.

Fitzgerald briefly made the point that Assange now had very little incentive to abscond, as there had never been a successful appeal against a refusal to extradite on medical grounds. Indeed it is very difficult to see how an appeal can be successful. The magistrate is the sole determinant of fact in the case. She has heard the evidence, and her view of the facts of Assange’s medical condition and the facts of conditions in American supermax prisons cannot be overturned. Nor can any new evidence be introduced. The appeal has rather to find that, given the facts, Baraitser made an error in law, and it is difficult to see the argument.

I am not sure that at this stage the High Court would accept a new guarantee from the USA that Assange would not be kept in isolation or in a Supermax prison; that would be contrary to the affidavit from Assistant Secretary of State Kromberg and thus would probably be ruled to amount to new evidence. Not to mention that Baraitser heard other evidence that such assurances had been received in the case of Abu Hamza, but had been broken. Hamza is not only kept in total isolation, but as a man with no hands he is deprived of prosthetics that would enable him to brush his teeth, and he has no means of cutting his nails nor assistance to do so, and cannot effectively wipe himself in the toilet.

Not only is it hard to see the point of law on which the USA could launch an appeal, it is far from plain that they have a motive to do so. Baraitser agreed with all the substantive points of argument put forward by the US government. She stated that there was no bar on extradition from the UK for political offences; she agreed that publication of national security material did constitute an offence in the USA under the Espionage Act and would do so in the UK under the Official Secrets Act, with no public interest defence in either jurisdiction; she agreed that encouraging a source to leak classified information is a crime; she agreed Wikileaks’ publications had put lives at risk.

On all of these points she dismissed virtually without comment all the defence arguments and evidence. As a US Justice Department spokesman said yesterday:
“While we are extremely disappointed in the court’s ultimate decision, we are gratified that the United States prevailed on every point of law raised. In particular, the court rejected all of Mr Assange’s arguments regarding political motivation, political offence, fair trial, and freedom of speech. We will continue to seek Mr Assange’s extradition to the United States.” That is a fair categorisation of what happened.

Appealing a verdict that is such a good result for the United States does not necessarily make sense for the Justice Department. Edward Fitzgerald explained to me yesterday that, if the USA appeals the decision on the health and prison condition grounds, it becomes open to the defence to counter-appeal on all the other grounds, which would be very desirable indeed given the stark implications of Baraitser’s ruling for media freedom. I have always believed that Baraitser would rule as she did on the substantial points, but I have always also believed that those extreme security state arguments would never survive the scrutiny of better judges in a higher court. Unlike the health ruling, the dispute over Baraitser’s judgement on all the other points does come down to classic errors in law which can successfully be argued on appeal.

If the USA does appeal the judgement, it is far more likely that not only will the health grounds be upheld, but also that Baraitser’s positions on extradition for political offences and freedom of the media will be overturned, than it is likely that the US will achieve extradition. They have fourteen days in which to lodge the appeal – now thirteen.

An appeal result is in short likely to be humiliating for the USA. It would be much wiser for the US to let sleeping dogs lie. But pride and the wound to the US sense of omnipotence and exceptionalism may drive them to an appeal which, for the reasons given above, I would actually welcome provided Julian is out on bail. Which I expect he shall be shortly.

More analysis of Baraitser’s judgement will follow. 

 

https://www.craigmurray.org.uk/archives/2021/01/the-assange-verdict-what-happens-now/  

 

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Both Tortuous and Torturous


Magistrate Vanessa Bararitser walked into Westminster Magistrates Court No.1 at 10.12am this morning with the sunniest smile and most carefree disposition I have ever seen her adopt. Her shoulders appeared visibly lifted. She positively beamed at Clair Dobbin, counsel for the US government, as she invited her to put the case for the prosecution as to why Julian Assange should not be released on bail.

 

Mrs Dobbin has one of those gloomy, presbyterian personalities that only fully comes to life when it has the chance to condemn somebody. There is nothing like a flat Belfast accent for a really rousing condemnation, and this was a collector’s item.

 

Julian Assange, she stated in tones that made plain she considered that name in itself to be suspicious and unsavoury, had shown he would go to great lengths to avoid extradition to the United States. The judgement against his extradition turned only on one single point – that of his mental health – and that single point might easily be overturned by the High Court.

 

Assange had helped Edward Snowden to flee justice; he had boasted about it. As detailed in the US Government’s second superceding indictment, he had organised flights for Snowden and arranged a distraction operation to throw the CIA off the scent. When the US authorities had trapped Snowden in Russia by canceling his passport, Assange had tried to arrange not just private jets but even Presidential jets to help Snowden escape further. Such was Assange’s reach and ability.

 

Furthermore, the President of Mexico had made a public offer of asylum, giving Assange a firm motive to escape.

 

Many countries would wish to support him and he might again enter a foreign Embassy. He had hidden for seven years in the Ecuadorean Embassy to avoid extradition to the USA. He had broken his bail commitments in 2012: “any idea that moral or principled reasons would bear on Mr Assange’s conscience turned out to be ill-founded indeed”.

The British government had been obliged to spend £16 million on the surveillance of Mr Assange while he was in the Ecuadorean Embassy.

Those who had stood surety for him had failed in their duty to ensure that he presented himself in court in 2012. Tracy Worcester, who was among those offering surety now and had offered accommodation for the Assange family, had failed in her duty in 2012.

 

Furthermore Julian Assange had obtained diplomatic status from Ecuador, a further example of his seeking means to avoid extradition.

 

Dobbin then stated the US Government was appealing against the judgement not to extradite, and said it would do so on the grounds that Baraitser had made an error in law in incorrectly applying the relevant test on conditions that would bar extradition. In effect, Baraitser had set a new test of whether measures would be in place to make suicide impossible, whereas the correct test was whether measures would be in place to mitigate against the risk of suicide, and on that proper test the evidence was that the US system was sufficiently robust.

The test required a rigorous assessment of the facilities for treatment and prison conditions in the USA. This assessment had not taken place.

 

Dobbin went on to say that Baraitser had misinterpreted the law as to whether the cause of the immediate suicidal impulse was current circumstance or an underlying medical condition. She then argued that Assange’s young family ought not to be a factor, because they had been born while Assange was in the Embassy, and therefore in full knowledge that his future was entirely uncertain.

Taken together, Dobbin concluded, these arguments posed an insurmountable obstacle to the granting of bail.

 

Edward Fitzgerald then replied that Baraitser’s judgement against extradition changes everything. Since October 2019, when the prison sentence for bail-jumping concluded, Assange had been held in Belmarsh prison solely on the basis of this extradition request. Now the request had been refused, he must be entitled to his liberty pending any appeal, as specified in the discharge order of Monday’s judgement. The status quo now was that the extradition request has been refused. Therefore the grounds for detention were gone, and further detention would be oppressive.

 

The court had accepted that incarceration was deleterious to Assange’s mental health, and he needed the support of his family. Conditions in the prison were made much worse by further lockdown due to Covid-19. Assange had not received a family prison visit since March 2020.

 

There followed a strange interlude where Fitzgerald stated that there was a major Covid epidemic in Belmarsh and 59 prisoners had tested positive in December. Dobbin rose to deny this and said there had been only 3 positive tests for Covid in Belmarsh, brandishing an email sent by the prison authorities at 10.49pm the previous night. There was heated discussion as to the veracity of this figure.

 

Fitzgerald next stated that the supervising prosecutor in the USA in this case had put on record his doubts that the incoming Biden administration would wish to continue this prosecution. He also pointed out that the Mexican offer of asylum was specifically for after the conclusion of legal proceedings and after discussion with the UK at foreign minister level. It was not an invitation to abscond.

 

Assange had no reason to abscond. There was little or no precedent for the High Court overturning any ruling against extradition on Section 91 health grounds. The defence strongly refuted the US government’s claim that the relevant tests had not been properly considered and applied by the court. Numerous expert witnesses had been heard. The Lauri Love case was the most relevant precedent. Stringent monitoring and bail conditions could be applied, but with the presumption now against extradition, Julian Assange should be returned to life with his family pending any US appeal, to give him a chance to recover his health.

 

Baraitser then immediately gave her decision. She stated that Assange had been a fugitive from British justice since 29 June 2012 when he failed to report to court as ordered. His entire motive for his residence in the Ecuadorean Embassy had been avoidance of a US extradition request.

 

Assange therefore still had a motive to abscond. He had the backing of a powerful international network of supporters who could facilitate his escape.

 

The US government had the right to appeal and the High Court had the right to determine the matters at issue. It was therefore essential to ensure that Assange appeared before the High Court.

 

Assange had been deeply involved in the organisation of Edward Snowden’s escape which further underlined his contempt for the law.

His health problems could be managed well in Belmarsh. Baraitser specifically accepted the figure of 3 COVID cases in Belmarsh given officially by the prison authorities. In conclusion, bail was refused.

 

COMMENT

All of Julian’s team were optimistic before this hearing and it seems perverse that, a judgement against extradition having been made, Julian should continue to be held in high security prison pending the US government appeal. He has already been in jail for over 14 months just in the extradition matter, after the expiry of his unprecedentedly harsh sentence for bail-jumping.

In effect, having already served that sentence, Julian is now being punished again for the same offence, spending years in extreme prison conditions purely because he once jumped bail, for which he already served the full sentence.

The logic of holding Julian now is simply not there, given the current legal position is that he is not being extradited. Furthermore this continuing raising and lowering of his spirits, and never-ending incarceration with no fixed limit, is destroying his fragile health.

Baraitser has played cat and mouse this week. Julian is living his life in conditions both torturous and tortuous.

 

It is ironic to hear Baraitser declare in condemnatory tones, without equivocation, that Julian only entered the Embassy to escape extradition to the USA. This is of course perfectly true. But I remember the many years when the Establishment line, from the government and repeated in several hundred Guardian columns, was that this truth was a fiction. They claimed there was never any intention to extradite to the USA, and actually he was avoiding extradition to Sweden, on allegations that never had any basis and which disappeared like mist when the time actually came.

 

I suppose we should be grateful for at least this much truth in proceedings.

 

Today’s judgement makes plain that whatever is happening with Monday’s judgement, it is not genuinely motivated by concern for Julian’s health.

 

Yanis Varoufakis yesterday stated that the ultimate aim is still to kill Julian through the penal system.

 

Nothing that happened today would contradict him.

 

 

The extraordinary figure of only 3 Covid infections in Belmarsh is very hard to believe and contradicts all previous information. Plainly Covid is less of a risk than anywhere else in London, and perhaps we should all break in to improve our isolation and safety. The only explanation that occurs to me is that the vast majority of prisoners are denied access to testing and are therefore not confirmed cases. or that the prson has chosen to give testing results for a single day and chosen to misrepresent the meaning of the statistic. In fact the point is not central to the bail application, but as a possible example of yet further malfeasance by the Belmarsh medical team, it is particularly intriguing.

 

The decision not to grant bail can be appealed to the High Court. I expect that will happen (there has been no chance yet to consult Julian’s wishes), and happen in about a fortnight.

 

https://www.craigmurray.org.uk/archives/2021/01/both-tortuous-and-torturous/  

 

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Only A Corrupt Lord Advocate Stands Between Peter Murrell and Prison 


Following Robin McAlpine’s excellent article, some responded by asking where is the hard evidence of a conspiracy against Alex Salmond? Well, here is some of it, not public before.

My trial for contempt of court is now fixed for 27 January. This is an extract from my lawyers’ latest submission requesting disclosure of documents which the Crown Office is hiding, both from my trial and from the Holyrood Inquiry:

QUOTE

4. The information in question is:
(a) A series of written communications involving Peter Murrell, Chief Executive Officer
of the SNP, and Sue Ruddick, Chief Operating Officer of the SNP. They discussed
inter alia a pub lunch or similar occasion between Ian McCann, a SNP staff member 
working for them, and xxxxxxxxxxxxxxx, one of the complainers in the HM Advocate
v Salmond trial. At the lunch, Mr Murrell and Ms Ruddick expected xxxxxxxxx to firm
up her commitment to giving evidence against Alex Salmond, and to discuss
progress on bringing in others to make complaints. They expressed dissatisfaction at
Mr McCann for his performance in achieving these objectives and expressed doubt as
to his commitment to the cause.

(b) A communication from Ms Ruddick to Mr Murrell in which she explained to
Mr Murrell that progress on the case was being delayed by Police Scotland and/or
the COPFS’s saying there was insufficient evidence, and in which communication
she expressed the sentiment that, if the police/Crown would specify the precise
evidence needed, she would get it for them.

(c) Text messages from Mr Murrell to Ms Ruddick stating that it was a good time to
pressure the police, and that the more fronts Alex Salmond had to fight on the better.

(d) Communications from Ms Ruddick about her visits to a number of locations,
including the Glenrothes area, and including in conjunction or discussion with
xxxxxxxxxxxxx. These communications detail their unsuccessful attempts to find
witnesses who would corroborate allegations of inappropriate behaviour against
Alex Salmond. They include a report of a meeting with young people who were
small children at the time of the incident they were seeking to allege, who did not
provide the corroboration sought.

(e) A message from xxxxxxxxxxxx stating that she would not attend a meeting if
xxxxxxxxxxx were also present as she felt pressured to make a complaint rather than
supported.

(f) Messages in the WhatsApp group of SNP Special Advisers, particularly one saying
that they would “destroy” Alex Salmond and one referring to Scotland’s ‘Harvey
Weinstein moment’, employing the #MeToo hashtag.

5. The respondent saw this information before he published the articles and tweets that
are the subject of these proceedings. The respondent considers that the information
in question would materially weaken the Lord Advocate‘s case and materially
strengthen his case because: (i) it materially strengthens the respondent’s case on
Article 10; and (ii) it materially weakens the Lord Advocate’s case, and materially
strengthens the respondent’s case, on the alleged breach of section 11 of the
Contempt of Court Act 1981

END QUOTE

You can see the full application from my lawyers pub2101131230 DISCLOSURE APPLICATION (1) 

To which the Lord Advocate yesterday replied:

QUOTE

4. In respect of the first question, it is understood that the material referred
to in paragraphs 4a – 4f of the disclosure application are private
communications. As such they can have no bearing on the question of
the degree of likelihood of the disclosure of the complainers’ identities
by the publishing of the articles detailed in the Petition and Complaint
and Submissions for the Petitioner.

5. In respect of the second question, the Respondent asserts in his answers
and submissions that a finding of contempt would be contrary to his
Article 10 rights. The material is not relevant to the court’s consideration
of the Respondent’s Article 10 rights. Further, the disclosure of the
material may constitute a breach of the Article 8 rights of the parties to
those private communications.
Advocate

END QUOTE

You can see the Lord Advocate’s reply in full here 20210114 Answers to Disclosure Request (3). Note the Lord Advocate acknowledges the existence of these messages (which the Crown Office holds) but argues they are private, and irrelevant.

On the face of it, these messages are evidence of conspiracy to pervert the course of justice. They refer to pressuring the police, to pressuring a witness, to highly improper encouragement of “evidence”. To reveal them would breach Peter Murrell and Sue Ruddick’s right to private communication? If, dear reader, you ever feel the urge to conspire to commit a crime, be sure to do it by text message, then the Lord Advocate will ensure that it is all kept nice and secret.

It is important to state that the woman in para (a) to whom Ian McCann was sent to screw her courage to the sticking point, was Woman H. She was vital as her allegation was the most serious of all. She was the most active perjurer in the Salmond trial, the woman who was not even present on the occasion she claimed to have been the victim of attempted rape. This is my report of the defence evidence about Ms H at the time, not reported in any detail anywhere else but on this blog:

The first witness today was Ms Samantha Barber, a company director. She had known Alex Salmond since 1994 when she was working for the SNP as a research assistant for the Euro elections. She had thereafter been employed by the European Parliament, and in 2007 become the Chief Executive of Scottish Business in the Community, a post she still held in 2014. She is now a director of several companies.

In the seven years Alex Salmond was First Minister she had several times been a guest at Bute House for dinner. She had a positive and respectful relationship with Alex Salmond but they were not personal friends outside of business.

She had been a personal friend of Ms H, the accuser who alleged attempted rape, for some years by 2014. They remain friends. She had been invited to the evening reception of Ms H’s wedding. She testified she is also a friend of Ms H’s current husband.

Ms H had telephoned her to invite her to the dinner at Bute house with the (not to be named) actor on 13 June 2014. Ms H in inviting her had stated she (Ms H) was not able to be there. In fact Ms H had indeed not been at the dinner. Ms Barber had arrived that evening at around 7pm. She had been shown up to the drawing room. The actor was already there and they had chatted together, just the two of them, until about 7.15pm when Alex Salmond had joined them. The three of them had dinner together. It was friendly and conivivial. At first the actor’s career had been discussed and then Scottish independence. Nobody else was there. Asked if any private secretaries had been in and out during dinner, Ms Barber replied not to her recollection. Nobody interrupted them

One bottle of wine was served during dinner. She had left after dinner around 9 and the actor had stayed on as Alex Salmond offered to show him around the Cabinet Room.

Defence Counsel Shelagh McCall QC asked her if Ms H had been there? No. Did you see her at any point during the evening? No.

[Ms H had claimed she was at this dinner and the attempted rape occurred afterwards. Alex Salmond had testified Ms H was not there at all. A video police interview with the actor had tended to support the idea Ms H, or another similar woman, was there and they were four at dinner.]

Prosecution counsel Alex Prentice then cross-examined Ms Barber. He asked whether she had received a message from the police on 29 January. She replied yes she had, and called them back on 3 February. Prentice asked whether they had then told her they wanted a statement, and whether she had replied she needed to take advice first. Ms Barber agreed.

Prentice asked why she would need legal advice to give a statement to police. Ms Barber replied she had never been involved in any judicial matter and wanted to understand the process she was getting into before she did anything. She had not said she wanted legal advice first, just advice.

Prentice asked again “why would you need legal advice before talking to the police”? Ms Barber again replied she wanted to understand the process she was getting into.

Prentice asked again, twice more, “why would you need legal advice before talking to the police?”. He got the same answer each time. You will recognise from yesterday’s report of his cross-examination of Alex Salmond, that it is a rhetorical trick of Prentice, to constantly repeat the same question in order to throw an unreasoned suspicion on the veracity of the answer. On this occasion he was stopped by the judge, who had enough.

Lady Dorrian pointedly asked him “Is a citizen not entitled to take advice, Mr Prentice?”, in a Maggie Smith tone of contempt.

Prentice then asked whether Ms Barber had already been at another Bute House dinner in May. Ms Barber replied not that she could recall. Prentice then asserted that the dinner on 13 June was with the actor, Ms H, and Alex Salmond. Ms Barber replied no, she genuinely had no recollection at all of Ms H being there.

The defence counsel Shelagh McCall QC then resumed questions. She asked if the police had put to Ms Barber that Ms H was there. Ms Barber replied that they had, and she had told them exactly what she had told the defence and now told the court, that Ms H had not been there.

The next witness was Tasmina Ahmed-Sheikh, who swore on the Koran. She had joined the SNP in 2000 and been appointed national Women and Equalities Convenor in 2011. From 2015 to 2017 she was MP for the Ochil Hills.

Shelagh McCall QC asked if she knew Ms H. She replied for some years, and more frequently from 2012. Ms H had been involved in the Yes campaign. They had a good relationship, and in 2014 Ms H had asked her advice on standing for the SNP national executive committee.

McCall asked her if she remembered the date of the 13 June 2014 dinner. Tasmina responded yes, that was the day her father had died. She had received a message he was taken very ill that morning and had set off for London. At Carlisle they learnt he had died. (At this point the witness broke into tears.)

Before leaving Scotland with her husband she had messaged the First Minister’s office to say she would not be able to attend the Scottish women’s international football match the next day. (The point of this evidence is it contradicts Ms H’s evidence of her interaction with Ms Ahmed-Sheikh over the football.)

 

Given the nonsense that was Woman H’s allegation, given the context of a new policy for complaints against ex-ministers which has been shown beyond doubt to be designed from the origin to trap one single man, given the frantic attempts to boost, invent or shore up complaints, given that the complainers were all from a tight coterie at the heart of Scottish government, given that the complaints fell apart when exposed to examination in court, I have no doubt that what we have here amounts to conspiracy to pervert the course of justice.

In addition to which, Peter Murrell very plainly committed perjury when appearing on oath before the parliamentary inquiry into this matter, when he denied the existence of the hoard of text messages detailed above which are the subject of my latest disclosure application. Here is the evidence of his committing, firstly desperate obfuscation, then perjury.

Screenshot-1407.png

Screenshot-1408.png

But this is a straight lie. There is a lot more material. There is precisely the material detailed above that I have requested disclosure of for my court case and which the Crown Office refused to release as they are “private messages”. As you can see, it is precisely what Ms Baillie was asking for. The Crown Office has withheld this material from the Holyrood Inquiry. The Crown Office have also written to Alex Salmond – three times – to tell him that he will be prosecuted if he releases this material to the committee or provides any detail of its content.

There can be no doubt whatever that the Lord Advocate is now corruptly protecting Peter Murrell from a charge of perjury by keeping this material secret. I am aware that the Crown Office has received a letter from lawyers pointing out this perjury, and in response the Crown Office have tendentiously focused purely on one single question.

Screenshot-1408-1.png

The Crown Office has rejoined that all of the undisclosed text messages in the series to which Jackie Baillie was referring are purely between Sue Ruddick and Peter Murrell. No other party official was involved, so Peter Murrell was not lying in this answer, which was specifically to a question of whether there were messages to any other party official.

But taking the totality of the exchanges, it is crystal clear that Baillie was not referring solely to texts to officials other than to Sue Ruddick. This is plain throughout but crystal clear here:

Screenshot-1409.png

That is plainly a straight lie by Murrell. There is a great deal more material, as detailed in my application above and admitted by the Crown Office in their reply that these are “private messages”. It is plainly perjury by Murrell to say there is nothing else.

The Crown Office is lying to protect Murrell from perjury charges, and it has lied to protect Murrell before. The  only two texts from the voluminous Murrell/Ruddick exchanges that have been leaked and have been published, to which Jackie Baillie refers, read as follows. They are from Murrell, instructing his junior Ruddick:

“TBH the more fronts he is having to firefront on the better for all complainers. So CPS action would be a good thing.”

“Totally agree folk should be asking the police questions. Report now with the PF on charges which leaves the police twiddling their thumbs. So good time to be pressuring them. Would be good to know Met looking at events in London.”

Yet in correspondence with Kenny Macaskill MP, Lindsey Miller of the Crown Office – who were sitting on these messages – denied the existence of these specific messages before they were leaked. This is an extract from a letter to Macaskill from Ms Miller, deputy Crown Agent – who remember was in possession of the texts listed immediately above.

Screenshot-1410.png

 

I defy anybody to state that they honestly believe that Murrell’s message to Ruddick instructing her: “Totally agree folk should be asking the police questions. Report now with the PF on charges which leaves the police twiddling their thumbs. So good time to be pressuring them.” can be characterised as “no evidence” that Murrell put pressure on the police, directly or indirectly. Miller was lying. You might say it is not conclusive evidence – though it is pretty damning. But you cannot say it is no evidence. It is strong, prima facie evidence.

Macaskill having next quoted the precise texts she was hiding to her, this was then Ms Miller’s response:

Screenshot-1411.png

Yet again, the amount of sophistry involved in protecting Peter Murrell, and the care for his private messages, is in sharp contrast to the gung-ho attitude of the Lord Advocate and the Crown Office to the prosecution of anyone who exposes the conspiracy against Alex Salmond, of which the Crown Office is a part.

My friend and colleague Mark Hirst has been triumphantly acquitted last week on the ridiculous charge of threatening behaviour to which he had been subjected for saying that those who conspired against Alex Salmond would “reap the whirlwind”. The Court found, entirely sensibly, that this was plainly in a political context and there was no case to answer. The Crown Office had instituted an obviously ridiculous charge – found “no case to answer” – out of pure political malice.

Readers of this blog will recall they helped substantially, with £10,000 from my own defence fund having been transferred to Mark.

But Mark’s life has been turned upside down. He lost his employment as a journalist as a result of the charge. His life has been wrecked and he is now having to earn a living working very hard, for a lot less money, in a completely different field from that he is qualified in. I trust he will not mind my saying the whole experience hit him very hard. Remember his home was raided by five officers from the Police Scotland “Alex Salmond team” and all his electronic equipment confiscated, while his name was dragged through the mud on both social and mainstream media.

The same “Alex Salmond team” still exist, are working on my prosecution, and are currently still engaged in a painstaking investigation as to who leaked two of the Murrell messages to Kenny Macaskill. Both the Crown Office and Police Scotland effectively now operate as the private enforcement arm of the Murrells, protecting them from consequences of their wrongdoing and persecuting their perceived political enemies .

That is what Scotland has become.

It is also worth noting that the perceived political enemies are not unionists – in my own case, dozens of MSM journalists who much more plainly committed jigsaw identification than I are not being prosecuted – but Independence “fundamentalists”.

There is much more evidence that the Crown Office is hiding, apart from the Murrell/Ruddick messages and the SNP Special Advisers whatsapp group. The Crown has also refused to release for my trial, or to the Holyrood Inquiry, the following documents:

  • The text exchange between two complainants containing the phrase “I have a plan and means we can be anonymous but have strong repercussions…” referred to in the trial proper proceedings.
  • An e mail from SNP official and defence witness Ann Harvie alleging a “witch hunt” and the emails from Sue Ruddick to which she was replying. This was referred to in the trial proper but this evidence was not admitted before the jury after objection from the Advocate Depute.
  •  Scottish Government documents produced as part of the Judicial Review hearings which support Mr Ronnie Clancy QC assertion of conduct on the part of Scottish Government officials “bordering on encouragement”. This was referred to in open court in the Court of Session proceedings of January 8th 2019. This should include the relevant “One Notes” of the Scottish Government Investigating Officer.
  • Documents relevant to the circumstances in which details of a Scottish Government complaint was leaked to the Daily Record newspaper in August 2018.  The matter of the circumstances in which this information appeared in the public domain was referred to in the evidence of Chief Inspector Lesley Boal in the criminal trial.
  • Documents relevant to the circumstances in which the Scottish Government sources briefed the Sunday Post newspaper in August 2018 that matters were referred to the police on the advice of the Lord Advocate and whether there is documentation demonstrating that such advice was also revealed to complainants by Scottish Government officials or others as a means of persuasion

All of which is still only the tip of the iceberg. The extent to which the Crown Office colludes to keep the Holyrood Inquiry in the dark is truly a disgrace to Scotland.

My own trial starts on 27 January, which is now confirmed. It s going to be “virtual” – nobody will be in a courthouse, not even the judges nor me. I shall be sending out information on how you may follow it live shortly. I plead with you to do so – a political persecution is bad enough, I certainly do not want it to operate in the dark. Put 27 and 28 January in your diary!

—————————————————–

Forgive me for pointing out that my ability to provide this coverage is entirely dependent on your kind voluntary subscriptions which keep this blog going. This post is free for anybody to reproduce or republish, including in translation. You are still very welcome to read without subscribing.

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate. 

https://www.craigmurray.org.uk/archives/2021/01/only-a-corrupt-lord-advocate-stands-between-peter-murrell-and-prison/ 
 

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Guest Gone Fishing...

My Trial, and Freedom of Speech 


UPDATE Some journalists, NGOs and observers registering for my trial using details below are being asked for the case number. This is HCA/2020-06/XM.

 

My trial for Contempt of Court in my reporting of the Alex Salmond trial is on 27 and 28 January at the Court of Appeals in Edinburgh. Contempt of Court charges can be brought by a judge or by the Crown. These are being brought by the Crown – an important point. It is a strange charge. The potential penalties are very serious – up to two years in prison and an “unlimited” fine. Yet it is not a criminal offence nor a criminal trial, and despite the life-changing penalties there is no jury; but the judges do have to rule on the facts to the criminal standard of beyond reasonable doubt.

 

I am being charged with contempt of court on three separate counts:

a) Publication of material likely to influence the jury

b) Jigsaw Identification of Protected Identities

c) Reporting the Exclusion of a Juror

These are some of the key issues involved:

a) Publication of Material Likely to Influence the Jury

 

  1. My defence team believe this is the first modern prosecution in Scotland (or England) for a publication allegedly influencing a jury in favour of the defendant. All previous prosecutions for at least 150 years appear to be for prejudice against a defendant. It has always been assumed the Crown and the judge are big enough to counter any prejudice against the Crown (If anyone wishes to research the unprecedented prosecution point further that would be welcome; it is of course difficult to prove a negative)
  2. The Lord Advocate cannot order censorship. The Crown has not had the power of censorship in Scotland for 300 years. I am not obliged to obey an instruction from the Crown Office to remove an article. If the Lord Advocate genuinely believed an article could influence a trial, he had a public duty to go to a judge before the trial, in a timely manner, and ask the judge to order the removal of the article. I would have contested, but obeyed if I lost – only a judge can order the removal of an article.
  3. It is ludicrous to claim my little blog influenced the jury, compared to the massive outpouring of mainstream media articles amplifying salacious allegations against Salmond released by the Crown Office.
  4. Political satire is protected speech
  5. My articles were well founded journalism indicating the Salmond prosecution was a conspiracy involving senior members of the Scottish Government and SNP, with the active corrupt collusion of the prosecutorial  authorities.This is true and evidenced in documents held by the Crown but kept from the Salmond trial, kept from the Holyrood Inquiry and so far kept from my trial. Publication of this true information was of crucial public interest and protected by my Article 10 rights to freedom of expression under the European Convention on Human Rights.

b) Jigsaw Identification

  1. I did not jigsaw identify anyone.
  2. The Lord Advocate argues that I am responsible for tweets in reply to my own tweets. We argue this is not true – I am not the publisher of twitter – and would set a very dangerous precedent.
  3. The Crown is specifically arguing that the bar for jigsaw identification is that any one single individual with specialist knowledge would be likely to identify a witness from my writing; this could be, for example, an individual who worked in the same office, or the doorman at Bute House who knew who was there on which day. My defence is that jigsaw identification means likely to identify to the public. If the Crown’s definition were accepted, there would be a massive chilling effect on journalism.
  4. The mainstream media demonstrably gave more jigsaw identification information than I did, notably, but not only, Dani Garavelli and Kirsty Wark. I have been singled out for prosecution on political grounds.
  5. The court order protecting identities did not come into being before 10 March 2020. Most of the Crown’s alleged examples are before this date. We absolutely deny my articles enable jigsaw identification, but even if they did they were not illegal at the time of publication.
  6. Up until 10 March 2020, had I wished to publish identities I could have done so quite legally in the articles before that date which the Lord Advocate cites. Unlike England, there is no law in Scotland barring publication of witness identity absent a specific court order. The fact I did not do so in the year between my learning identities and the ban coming into force, in several articles on the case where I could legally have published the identities, make nonsense the Lord Advocate’s contention that I deliberately gave clues.
  7. After Alex Salmond’s acquittal the false accusers continued to take advantage of the court anonymity order to decry and undermine the jury’s verdict and malign Alex Salmond. Given the high positions of influence the women hold, I decided to challenge in court whether there was not a public interest in stopping this behaviour, in this unique case greater than the important general public interest in protecting identities. I did not take it upon myself to determine this, but commissioned and paid for a senior advocate to prepare a case for the judge to decide.  I received the draft application from my senior counsel but the application was postponed by Covid. I would not have taken this expensive and responsible legal route if I was leaking the identities illegally as alleged.

c) Juror Exclusion

  1. All I published was that a juror had been excluded but I was not allowed to say why. We argue this does not breach the court order preventing disclosure of the proceedings where the exclusion was discussed and ordered. The simple fact of the exclusion was not secret.  (Though it is a very interesting story indeed which I shall tell you once I can).

AN APPEAL FOR HELP

I hope that brief account gives some idea of the legal arguments involved. But everybody whose head is not buttoned up the back knows this is not really what the case is about. This is about the ability of those in power in Scotland to use the law to persecute their political opponents. They tried it on Alex Salmond, they tried it on Mark Hirst – both blowing up in their faces – and now they are trying it on me.

If there were a jury, I would not lose one moment’s sleep. But there is not. I am buoyed by the fact that what the Alex Salmond and Mark Hirst trials show is that while both Police Scotland and the Crown Office may stink of rotten corruption at the top, Scotland’s judiciary is still independent. It is worth noting that the simply astonishing admission of the Lord Advocate and Crown Office to malicious prosecution recently in the Rangers case is going to cost the taxpayer almost £50 million, once all costs are in and awards paid out. The police and legal costs for the Alex Salmond case total some £10 million wasted.

I call on journalists worldwide who support freedom of speech to pay attention and to cover this trial. The case is HMA vs Craig John Murray in the Court of Appeals, 27 January. The emails for registration are [email protected], [email protected] and [email protected] – please copy to all three. I also ask you to press specifically for video access, not the dreadful quality sound only phone-in.

I also call on NGO’s, political associations, community bodies and elected representatives worldwide to apply to register for observer status using the same email details.

Once registered, journalists and observers should ask the court for copies of the court documents. I am severely constrained in giving out documents at present.

Members of the public will be able to register to listen live. I am afraid this will very probably be the same poor quality sound only link down the telephone. It also involves giving the court some registration details, and may incur call charges to a London number. Registration details will be posted here by the court shortly – where you will also find details for Martin Keatings’ vital case on Scotland’s right to hold an independence referendum without Boris Johnson’s permission.

I appeal for as many people as can do so to register and listen in. Your support is vital to me both morally and practically. I can see no reason why registered members of the public should not inquire to the court as to the availability of the documents. Justice is supposed to be seen to be done.

Long term readers of my blog know that for well over a decade we have campaigned against injustice, ill-treatment, imprisonment and detention of many, both the famous and the obscure. I therefore feel little shame in asking everyone now to try and join in the same cause on my own behalf. 

 

https://www.craigmurray.org.uk/archives/2021/01/my-trial-and-freedom-of-speech/ 

 

 

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Guest Gone Fishing...

Move along please. Absolutely nothing to see here. Nothing at all. Everything in Scotland is perfectly normal and above board. Ignore Craig Murray, he is a conspiracy theorist.
And if you don’t ignore all this, if you publish anything, we may send you to prison.   

 

 

Let Nobody Ever State Again There Is No Evidence of the Conspiracy Against Alex Salmond


rulingdisclosure1-scaled.jpg

rulingdisclosure2-scaled.jpg

I am strongly advised to shut up and say nothing just before my trial. I will however point out three things:

1) These documents are all in the possession of the Lord Advocate. They are held in the Crown Office. That is why we are asking the Crown to disclose them. The Lord Advocate at no stage, in opposing their release, denied their existence. This is the Lord Advocate’s reply to the application. 20210114 Answers to Disclosure Request (3)
2) These are some of the same documents the Lord Advocate has refused to give the Holyrood Inquiry and which Alex Salmond has said prevent him appearing before the Inquiry until the Lord Advocate agrees he can reference them in his evidence.
3) The High Court has agreed with the Lord Advocate that these messages are irrelevant to my trial and do not go to my Article 10 rights of free speech. The High Court notably refrained from endorsing the Lord Advocate’s argument that they are “private messages” and that Murrell and Ruddick are protected from their disclosure under Article 8.
This is extremely important as it means the High Court has not endorsed the Lord Advocate’s arguments for keeping these messages from the Holyrood Inquiry. The grounds on which the High Court did find against me – relevance and Article 10 – relate to my trial but do not relate to the Holyrood Inquiry.

Screenshot-1417.png

The High Court ruling notably does not endorse the argument here on Murrell and Ruddick’s privacy. The Lord Advocate’s refusal to provide these documents to the Holyrood Inquiry on the grounds of the privacy and data protection rights of Murrell and Ruddick is therefore unlikely to survive a court application by the Fabiani Committee. That would require a great deal more courage than the Committee have shown to date.

I am as advised not going to comment on the merits of the High Court ruling, or on what the messages show.

But, as a matter of simple fact, these messages have now been barred from:
1) The Salmond Trial
2) The Holyrood Inquiry
3) The Murray Trial

Move along please. Absolutely nothing to see here. Nothing at all. Everything in Scotland is perfectly normal and above board. Ignore Craig Murray, he is a conspiracy theorist.
And if you don’t ignore all this, if you publish anything, we may send you to prison.  

 

https://www.craigmurray.org.uk/archives/2021/01/let-nobody-ever-state-again-there-is-no-evidence-of-the-conspiracy-against-alex-salmond/ 

 

 

 

 

 

 

 

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Guest Gone Fishing...

Navalny Should Be Released 


Alexei Navalny is not the pleasant liberal our mainstream media paint him to be. Before extensive grooming by the West, he was a racist populist. However, he now makes a more convincing liberal standard bearer than similar proteges like Juan Guaido and to some extent has probably changed with wider experience. He most certainly is not especially popular in Russia, outside some wealthier and younger demographics, but they are voters too, and human progress would not have been great without the much despised middle classes.

I am not in the least convinced by the ludicrous narrative that Vladimir Putin and the FSB were not competent enough to successfully assassinate Alexei Navalny in Russia, including as he lay unconscious in a Russian state hospital. I regard it as a nonsense. But neither do I necessarily suspect that the whole incident was engineered by the West or Navalny (exploited is different to engineered). Incidentally, I am perfectly prepared to accept that the security service outlet Bellingcat was right about the Russian security services following Navalny. I have no doubt whatsoever that they do follow him, and have done so for many years. So what? Western security services followed me intensely when I first became a whistleblower, and on and off ever since, most notably when I have contact with Julian or Wikileaks. The British government announced in Julian’s recent bail hearing it spent £16 million of public money on surveillance of the Ecuadorean Embassy – that’s £16 million on looking at a non-moving target! Security services follow people. There are thousands of the blighters, both in the West and in Russia, and follow people is what many of them do for a living. It is in no sense evidence of assassination. Every time my heart problem puts me in hospital, I don’t imagine it was the MI5 surveillance folks (who must, incidentally, be very bored. When I was younger they did get to look at some great parties).

Anybody who genuinely believes that Putin did not personally authorise the arrest and detention of Navalny on return does not understand Russia. Putin’s purpose is simply to show that he can – that the West cannot protect its protege, which is a good lesson for the next one, and cannot harm Russian interests abroad. In power calculations, Putin is almost always correct. I am fairly sure he is also correct in calculating that swatting Navalny will play well to his popular base, who like the macho thing.

I do not address the technicalities of whether Navalny’s suspended embezzlement sentence was legitimate, and whether he breached suspension conditions, because again if you think that has anything at all to do with what is happening, you are hopelessly naive. Navalny might very well be guilty of embezzlement, but on nothing in the same universe of scale as Putin himself and his inner circle. It is about selectivity of prosecution rather than innocence or guilt. If you have political control of the prosecutor, you hold the cards. Oh sorry, I was drifting back to Scotland.

So Putin can see Navalny jailed till 2025 on the embezzlement charge with no serious consequences and a minor stabilisation of his personal authority. But at what cost? My major criticism of Putin is that he has failed to move Russia, an absolutely vital pillar of European cultural heritage, back towards the European centre after decades of isolation. That involves development away from purely autocratic government; but there remains absolutely no sign that Putin even intends to position Russia for that move once he finally relinquishes power – which he ought to have done many years ago. Allowing Navalny to continue his campaigning will not hurt Putin and will not hurt Russia. It is a fascinating and universal fact that the longer people hold power, the more paranoid they become.

—————————————————–

 
 
Forgive me for pointing out that my ability to provide this coverage is entirely dependent on your kind voluntary subscriptions which keep this blog going. This post is free for anybody to reproduce or republish, including in translation. You are still very welcome to read without subscribing.

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate. 

 

https://www.craigmurray.org.uk/archives/2021/01/navalny-should-be-released/ 

 

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Guest Gone Fishing...

 An Incredible Omission 


Astonishingly, the unprecedented Order from the Scottish Parliament to the Crown Office to hand over documents does not include the text messages between Peter Murrell and Sue Ruddick, which Murrell lied to parliament did not exist. In fact Peter Murrell does not feature in the request at all.

Screenshot-1420.png

Those who hail the Committee’s Order to the Crown Office as a great breakthrough are not reading carefully enough. It is designed to fail. The orchestration of the plot is revealed very substantially in texts between Ruddick and Murrell. The Committee is only asking for texts between Ruddick and various categories of Scottish Government employee. Murrell and the other concerned SNP employee Ian McCann are not Scottish Government employees, but SNP employees. The Committee has deliberately excluded them.

This means, for example, the Committee will not see the exchanges between Murrell and Ruddick over the occasion when McCann was sent to firm up Woman H and make sure she would go through with it – woman being the accuser of the most serious accusation, and the woman who was not even at the small dinner where she claimed the incident occurred, as shown by eye-witnesses and the kitchen records.

The Committee also specifically excludes the Crown Office from providing any messages which identify an accuser. That makes the Order totally useless, as the only people, to my recollection, who fall into the Scottish government employee category requested, and who were in incriminating correspondence with Ruddick, are indeed false accusers. So the Committee won’t get those texts either. Ruddick’s “evidence generating” expeditions were in collaboration with somebody who, at a very late stage, became an accuser specifically so their tracks would be hidden by a court anonymity order.

It is important to remember that right from the outset of the plot, the accusers were knowingly planning to exploit the court granted anonymity routinely accorded to alleged victims of sexual assault, in order to facilitate their plan. As evidenced by the text from the Woman who Wasn’t There to another accuser-to-be that read:

I have a plan and means we can be anonymous but see strong repercussions

That message was read out to the jury in the Salmond trial.

The evidence of Geoff Aberdein is the most important single piece of evidence in the current Sturgeon Inquiry at Holyrood. Geoff Aberdein’s evidence is the most important single document in Scottish political history since 2014. It proves that Nicola Sturgeon lied to parliament about when she first was involved in the allegations about Salmond. It is not just that she held a meeting with him on the subject four days before she claimed she first knew – and has subsequently lied to parliament that this meeting was a chance encounter. It is that a full month before Sturgeon claimed she knew, Aberdein was contacted by a very senior member of Sturgeon’s staff and asked to have a meeting with Sturgeon on this subject. Subsequently, as four independent witnesses have testified to Sky News , that senior member of Sturgeon’s staff asked Aberdein to falsify a statement to remove their prior knowledge of the allegations against Salmond. Yet all of this, the most important evidence of the entire inquiry, has been excluded from publication and from consideration by the committee because it involves inextricably one of the anonymous accusers.

It is of course the case that Sturgeon knew of allegations long before even showed by Aberdein’s evidence, when she initiated the process to investigate ex-ministers. But it is not necessary to prove that in order to show that Nicola lied to Parliament – Aberdein’s evidence is sufficient for that.

We do have, of course, the bones of Geoff Aberdein’s evidence because he testified under oath in open court at the Alex Salmond trial as to these events, and I was there and heard him – although the attempt to get him to lie about what happened was not in the Salmond evidence as not relevant, and had not been public before being revealed by Sky.

The Inquiry Committee has now gotten itself into the ridiculous position of refusing to take into account sworn evidence that was given openly and on oath in the High Court of Edinburgh, because their legal advisers tell them it is inadmissible.

There is a hideous circularity to all of this. The Inquiry has been told it must reject Geoff Aberdein’s evidence on legal grounds, by the Solicitor to the Scottish Parliament. The Inquiry has been similarly told by the Solicitor to Parliament it must not question, on anything in Aberdein’s testimony, the official from Nicola Sturgeon’s office who organised the meeting with Aberdein and asked him to lie about it. The Committee has been told by the Solicitor to Parliament that it must not ask for any of the documents the Crown Office is hiding which name accusers. And I have not yet stood this up, but I have no doubt whatsoever that it is the office of the Solicitor to Parliament which is responsible for Peter Murrell being excluded from the Order for documents.

The Lord Advocate is a member of Sturgeon’s cabinet, is the prosecutor who prosecuted Salmond (and Mark Hirst and me), is in charge of the Crown Office which is hiding the evidence, and we have the Solicitor to the Scottish Parliament telling the Parliamentary Inquiry it cannot ask for key evidence or reveal key truth.

I must say, I have always been distressed by the calibre of Members of the Scottish Parliament, but their meek acceptance of the bent official advice that they must conduct the inquiry with their eyes closed, ears stopped, hands bound behind their back and one foot firmly secured into their mouth, is frankly pathetic beyond all expectation.

Please do read this excellent article by Iain MacWhirter. 

 

https://www.craigmurray.org.uk/archives/2021/01/an-incredible-omission/ 

 

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